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I'm afraid this is a misinterpretation on several levels.<BR>
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First of all, there is no such thing as "Tort's Third Law". Tort is not a person, and there is no single law or even a code of laws that define torts, since they are *civil* offences rather than criminal ones. What I have to assume you are referrint to is "Restatements of the Law Third, Torts: Products Liability", which is a publication of the American Law Institute that assembles and codifies case law (decisions made by judges rather than black letter law that is established by legislative action). The third in this title refer to the third restatement (the restatements need to be revised and extended as new case law is established), not a third law. <BR>
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Second, it is not correct that "The emphasis of the Tort Law is consumer protection". Besides the fact that there is no "the Tort Law", the reality is that standard definitions of tort law indicate that it deals with situations where a person suffers unfair loss or harm as the result of another person's action(s). The vast majority of tort suits are between two individuals over common things like auto accidents, tresspass and property disputes, and defamation (libel and slander) and less common things like copyright infringement, none of which have anything to do with consumer protection. Only the products liability branch of tort law really falls under the consumer protection heading, but it should also be noted that a very large number of consumer protection issues are actually matters of contract law rather than tort law. <BR>
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Third, the passage you quotes is not a law. It is, in fact, a clarifying subsection for the section of the Restatement Third that deals with "Liability of Commercial Seller or Distributor for Harm Caused by Defective Products". This section states that "One engaged in the business of selling or otherwise distributing products who sells or distributes a defective product is subject to liability for harm to persons or property caused by the defect". But it is important to note that this section only identifies the vendor as liable. <BR><BR>
And I'll leave aside your gratuitous comments about unions and big business and ploiticians, which have no place on the FrameUsers list.<BR>
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-Fred Ridder<BR>
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Date: Wed, 21 Mar 2012 15:21:53 -0700<BR>From: keith.smyth@att.net<BR>Subject: Re: framers Digest, Vol 77, Issue 17<BR>To: framers@lists.frameusers.com<BR><BR>
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<DIV style="FONT-FAMILY: verdana,helvetica,sans-serif; FONT-SIZE: 12pt">Ken, it might be a good idea to inform you MANAGER of the Third Tort Law.<BR><BR>You need to protect yourself by getting written instructions on what to include, and not include in the document. I saw this happen to an individual I was working with. Fortunately, he had signed instructions from the Product Manager to not include some safety instructions, as it would "upset the customer". So when a customer got burned badly, the customer went after the company, the company went after the writer, and the writer offered up the program manager, who got fired, and sued. Yeah, CYA.<BR><BR>Tort's Third Law<BR>It is a good idea to be versed in Tort Law, specifically Tort's Third Law. The emphasis of the Tort Law is consumer protection. Tort Law did for the consumer what the unions did for the worker. According to the Third Law, "A product is defective when, at the time of sale or distribution, it contains a manufacturing defect, is defective in design or is defective because of INADEQUATE INSTRUCTIONS OR WARNINGS."<BR><SPAN style="FONT-STYLE: italic"><BR>This is important to any of us in the technical writing domain, as it puts the onus on us to provide adequate (and standard) instructions, which includes warnings in the instructions (and on labels if that is a part of our job). Most writers are completely oblivious to their responsibility under the Tort Law and many companies are equally oblivious (or choose to ignore).</SPAN><BR style="FONT-STYLE: italic"><SPAN style="FONT-STYLE: italic">As such, they are also ignorant to the fact that they can be sued in a liability action, as a company and as individuals, for their failure to provide adequate instructions and warnings.</SPAN><BR><BR>To make matters even more complicated, it's a double-edged sword for a writer. Business loves to hate the Tort Law and tends to kill the messenger. If you, as the writer, are doing a proper job, you are the messenger.<BR><BR>There are also very few places that teach you this stuff - even the university tech writing courses overlook it.<BR>If you muck around without knowing the standards and the law, you could get yourself and your clients sued.<BR><BR>BTW, The Big B (big business) is currently throwing a lot of money at our political types to try and weaken the Tort Law and relieve themselves of the burden of liability (recalling those bloody toys that kill or maim kids is such a blessed nuisance and just munches away at the bottom line).<BR><BR>In addition, any politicians who do not play ball will find themselves up against some pretty big bucks intent on running them out on a rail. The republicans in particular are fond of coming to the aid of Big B and can be counted on to slam dunk your protection under the current law.<BR>
<DIV> </DIV><FONT style="FONT-FAMILY: arial, helvetica, sans-serif" size=3>--<BR><FONT size=3>Keith L. Smyth<BR>President<BR>Smyth Consulting<BR></FONT></FONT><FONT style="FONT-FAMILY: arial, helvetica, sans-serif" size=3><FONT size=3><SPAN style="FONT-STYLE: italic">---------------------------------------------------------------------------------------------</SPAN></FONT></FONT><EM style="FONT-FAMILY: arial, helvetica, sans-serif"><SPAN style="LINE-HEIGHT: 120%; FONT-SIZE: 14px"><SPAN class=ecxhighlight2><BR></SPAN></SPAN></EM><SPAN style="FONT-FAMILY: arial, helvetica, sans-serif">Voting for someone because they are black is as racist<BR>as voting against someone because they are black.</SPAN><FONT style="FONT-FAMILY: arial, helvetica, sans-serif; COLOR: rgb(0,0,0)" color=red size=4 face="Times New Roman"><SPAN style="FONT-SIZE: 13.5pt"><FONT size=3><BR><BR>Beware an intrusive government.<BR><BR><SPAN style="COLOR: rgb(255,0,0)">GOD BLESS THE UNITED STATES</SPAN></FONT><BR></SPAN></FONT><FONT style="FONT-FAMILY: arial, helvetica, sans-serif" size=3><FONT size=3><SPAN style="FONT-STYLE: italic"></SPAN><SPAN style="FONT-STYLE: italic"></SPAN></FONT></FONT><FONT style="FONT-FAMILY: arial, helvetica, sans-serif" size=3><SPAN style="LINE-HEIGHT: 120%; FONT-SIZE: 14px"><SPAN class=ecxhighlight2><EM></EM></SPAN></SPAN></FONT><SPAN style="FONT-FAMILY: arial, helvetica, sans-serif"><BR></SPAN><FONT style="FONT-FAMILY: arial, helvetica, sans-serif" size=3><FONT size=3><SPAN style="FONT-STYLE: italic">---------------------------------------------------------------------------------------------</SPAN></FONT></FONT><BR style="FONT-FAMILY: arial, helvetica, sans-serif"><FONT style="FONT-FAMILY: arial, helvetica, sans-serif" size=3>Technical Documentation Consultant</FONT><BR>
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<B><SPAN style="FONT-WEIGHT: bold"></SPAN></B></FONT><BR>Message: 6<BR>Date: Tue, 20 Mar 2012 18:59:00 -0700 (PDT)<BR>From: Ken Poshedly <<A href="mailto:poshedly@bellsouth.net">poshedly@bellsouth.net</A>><BR>To: FrameMaker Users List <<A href="mailto:framers@lists.frameusers.com">framers@lists.frameusers.com</A>><BR>Subject: best use of graphics in FM<BR>Message-ID:<BR> <<A href="mailto:1332295140.67108.YahooMailRC@web180813.mail.gq1.yahoo.com">1332295140.67108.YahooMailRC@web180813.mail.gq1.yahoo.com</A>><BR>Content-Type: text/plain; charset="us-ascii"<BR><BR>FrameMaker 8.0 on a PC with Windows XP Professional<BR><BR>Except for bloated file sizes, in the long run, does it really matter if you <BR>reference graphics or if you embed them inside your publications?<BR><BR>My coworker is a guy who was tech pubs manager at another heavy equipment <BR>company but was convinced by our employer to move south from PA for this job. He <BR>comes for a primarily graphics background, having started a long time ago as a <BR>pen-and-ink tech illustrator. His writing skills are fair at best, but he <BR>considers himself an authority on tech pubs because he had been the manager of <BR>his group. And our company never did fulfill its promises to him if he left his <BR>previous employer.<BR><BR>While we do get along pretty well, we do differ on this aspect of FrameMaker <BR>graphics -- to embed or to reference?<BR><BR>We are the only two tech writers -- with no tech pubs manager -- and we work in <BR>metro Atlanta, Georgia, for a multinational Chinese company in which the Chinese <BR>engineers in Shanghai and elsewhere over there write the original documentation <BR>for heavy machinery in the Chinese language (taking as long as they want), then <BR>send the stuff to a group of kids in their 20s (sorry, but I'm way past that <BR>age) in Shanghai who are not even allowed anywhere near the machinery but simply <BR>translate the stuff as best they can into "Chinglish". The machinery and their <BR>books are then put on ships and my coworker and I are then told we have two <BR>weeks to "Americanize" the Chinglish stuff. That means reformatting, <BR>reorganizing and rewriting the stuff for American heavy equiment owners.<BR><BR>Thus, we have next to no time to do things correctly. And I've been told over <BR>and over that for the most part, "technical writing" does not exist as a <BR>profession in China and it is simply assigned to anybody and everybody. Their <BR>books look absolutely beautiful and they know how to mimic our page layouts, but <BR>it all breaks down when one tries to use the books to actually operate this <BR>extremely dangerous machinery because the terms, grammar, punctuation, etc., are <BR>all so inconsistent, incorrect and well, you get the idea. And the U.S. <BR>president of the company is only here in the U.S. for about 4 years and follows <BR>ONLY the Chinese methods. (For one thing, no salary increases; you simply stay <BR>at your starting level or quit. And, by the way, very few if any promotions. I'm <BR>there 3 years and looking to move on.)<BR><BR>Unfortunately, at his prior location, another FM user (more knowledgeable than <BR>my coworker) showed my coworker what I call a "hack" to get a document done in a <BR>fraction of the time that it would ordinarily take. Specifically, he uses <BR>"PrintScreen32" to take screen shots of existing graphics in the Word or pdf <BR>Chinglish books we get from the home office and then pastes them directly into <BR>his FM document. No muss, no fuss -- and no record of any filename or any other <BR>details about any of the graphics in his documents.<BR><BR>He also does this with text blocks (sometimes entire pages) from the Chinglish <BR>books and simply pastes those text blocks into his FM documents. The results <BR>are horrendous because no real editing can be done (and errors in the original <BR>text abound). He simply creates small FrameMaker text blocks over incorrect <BR>words or sentences and types in the few words or sentences needed to fix <BR>something. So his FM documents are pretty much "pictures" of text with white <BR>boxes of corrected words that give his pages that "ransom-letter look".<BR><BR>This method allows him to "complete" a document much faster than doing it what I <BR>call "the right way".<BR><BR>I, on the other hand, have no problem with taking screen shots and saving them <BR>as legitimate graphics with an art control numbers (as listed in an Excel file <BR>created just for this purpose) that can be either referenced or embedded in <BR>other documents. It's true that my method takes a few steps more (thus more <BR>time), but the result is a findable graphics that can be reused over and over. <BR>(I also know how to copy text and properly paste it in an FM document.)<BR><BR>Many of our graphics are used again and again, and many are one-timers. Plus, <BR>embedding pert near 100 or 200 graphics in a document tends to create a <BR>humongous filesize. For instance, a 225-page manual done by my coworker as <BR>described above (that I've had to completely redo correctly with edits <BR>throughout following its technical review) and that has over 200 embedded <BR>graphics and text blocks was about 800 megabytes in size. I routinely get a <BR>warning that there may not be enough computer memory to open the document, but <BR>it does open, taking about 45 seconds or more. He says that it is poor software <BR>and refuses to admit that his way is stupid. The file is smaller since I've <BR>redone it.<BR><BR>So the questions are:<BR>* Does anybody here have a fast way of saving screenshots as legit graphics for <BR>later reuse, and if so, what is your method and how many seconds would you say <BR>it takes?<BR>* Am I being too controlling on this matter? (I suspect yes.)<BR>* If I'm not too controlling in this, are there any other arguments I can use to <BR>bolster my side of the story?<BR><BR>Th-Th-That's all folks!!<BR><BR>-- Ken in Atlanta<BR><BR></DIV></DIV></DIV><BR>_______________________________________________ You are currently subscribed to framers as DocuDoc@hotmail.com. Send list messages to framers@lists.frameusers.com. To unsubscribe send a blank email to framers-unsubscribe@lists.frameusers.com or visit http://lists.frameusers.com/mailman/options/framers/docudoc%40hotmail.com Send administrative questions to listadmin@frameusers.com. Visit http://www.frameusers.com/ for more resources and info.</DIV> </div></body>
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