Cheryl J

Sydney, New South Wales, AUSTRALIA


Joined March 27th 2008

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As of 17 June 2008 eBay Australia intends to implement a ruling that buyers will no longer be able to pay by bank transfer, cheque or money order and will be forced to use PayPal. Now for those that may not know, PayPal is owned by eBay and both eBay and PayPal charge separate fees. So eBay will receive two cuts of each seller’s profits. Firstly, is that not double charging? Secondly, does forcing this change breach the current Trade Practices Act? The answer to the first question is a resounding yes and line on the second is clearly being pushed to the very limit of the law. And to further cloud the issue, it is only eBay Australia in the eBay group that is pushing for this change; so far. Is the risk of fraud higher in Australia than other countries to warrant such action?

So how is this allowed to happen? Well although eBay Australia has announced on its site that these changes will be made, the truth is they have put forward a notification of intent to the Australian Competition and Consumer Commission (ACCC) which has yet to be ruled upon. eBay has asked for immunity against legal action from the Trade Practices Act arguing that the public benefits of the move, which in their view would be increased transaction security, outweighs any negative effect to the public that might be caused by a lessening of competition in the online payments market. The act prohibits companies from imposing restrictions on people's freedom to choose whom they deal with.

Obviously it is a breach of the current act or they wouldn’t be asking for a ruling but the ACCC has the discretion to decide if this move is a fair response to online fraud. To complete their analysis the ACCC requested submissions by 2 May 2008 from any interested parties. This included a large number of responses, including but not limited to, an online petition which at the time of submission had 12,490 signatures and responses from major concerns such as American Express, The Australian Banker’s Association, the Reserve Bank of Australia, the Commonwealth Bank, the Australian Securities and Investment Commission and an up and coming competitor who is going to be squashed – Paymate. I admit, the number of submissions was too vast for me to wade through but opening the ones from the most serious players and a random sample of others, I found very little support and a great deal of valid apprehensions.

The ACCC has sought eBay's views on the submissions it has received, and requested that eBay provide these comments by 23 May 2008. So despite eBay Australia stating this is a given, the ACCC not only hasn’t made a ruling, the closing date for response hasn’t even been reached. The ACCC is being very transparent in their dealings with this matter and have links to the submissions made so far and the documentation is vast. Go HERE to their website It is huge amount of information - the eBay submission alone is 75 pages - but it is well worth reading at least some of it. This could make an incredibly serious impact on fair trading on the internet and this should concern everyone who uses eBay.

My personal view is that this is a step in a rather frightening direction but it is up to the ACCC to decide whether to mount a case to prevent this happening based on whether or not they see it as a violation of trade practices. The part of the act that deals with it is Section 47 of the Trade Practices Act (TPA) 1974. It is very long and written in legalese but primarily states the following: Subject to this section, a corporation shall not, in trade or commerce, engage in the practice of exclusive dealing.

So basically the TPA prohibits exclusive dealing if it has the purpose of, or is likely to, have the effect of substantially lessening competition. With this change eBay is seeking to not only lessen competition but eradicate it. The only payment methods that will be accepted, if they are allowed to go ahead, is payment via their own company PayPal, credit card payments that are processed only by their company PayPal or cash on pick up (there are a few exemptions on very high priced goods). How is this not a clear violation of the Trade Practices Act?

If, as in their notice of intention, taking away the customers right to choose how they want to pay for their purchase will only benefit its customers, why is this not being sought for by eBay companies around the world at the same time? My thoughts, this is a test case for worldwide introduction. If the ACCC rolls over and allows this very obvious breach then it has set a precedent for eBay worldwide to follow suit. That is the scariest proposition of all as eBay has massive international presence in online trading.

In their submission eBay states that ‘…any anticompetitive effect of the Conduct is likely to be relatively minor’.

They also state that they ‘understand one of the two biggest reasons that eBay buyers decide not to purchase additional products on the eBay site is “trust and safety issues” including “bad buyer experiences” which are common sources of dispute”.’ It further goes on to state that ‘enhanced security delivered through PayPal’s “closed loop” system is particularly beneficial to buyers’.

In Section 5.10 of their submission they even state that: ‘The Benefit to PayPal users would extend beyond their experience solely on eBay if the mandated use of PayPal on eBay also encouraged them to use PayPal or another secure online payment facility for other online payments’.

In other words, it will help them grow their online payment business external to eBay…but it’s all in the customers’ best interest.

Now don’t get me wrong, I do believe there is a risk of fraud when dealing with online transactions in environments like eBay and PayPal is a proven secure payment system. BUT, I also believe the consumer has the right to choose if the benefit outweighs the risk and also who they wish to use and how they wish to make or receive payment. PayPal is not the only secure online payment facility but it is the only secure online payment facility owned wholly by eBay.

Now how about if they own the only payment system you can use, they then remove the eBay listing fee? That would be fair but of course that would seriously reduce their profit margin because at the moment they do charge twice if you are a seller choosing to use the PayPal system. But currently the seller has the choice whether they want to participate in a payment system that may make their transactions safer and PayPal is NOT the only system that is secure. By taking the route they are now, eBay is effectively forcing] sellers to pay twice. If you are small potatoes and are only selling items with a small margin for profit, for example used books, clothing etc, these fees will eat a hole in your profit that after taking into consideration, postage, handling, time etc would render it quite worthless. Therefore, either sellers will increase costs to buyers to cover these expenses by ramping up postage and handling fees, or we will have a diminished pool of sellers because it will not be worth their while.

If you are still unsure as to how dubious this is these are just a couple of snippets from the submissions to the ACCC.

The Australian Securities and Investment Commission, in their submission, stated that PayPal was a secure method of payment but to my utter surprise also included the following paragraph which I found very disturbing: ‘…unlike most AFS licensees that provide banking and non-cash payment services, PayPal has declined to become a signatory to the Electronic Funds Transfer Code of Conduct (EFT Code). The EFT Code is the key consumer protection code applying to the payment services industry, and covers fundamental issues concerning consumer rights, security, disclosure and resolution of mistaken and unauthorized payments.’

The Commonwealth Bank stated: ‘The Fact that PayPal is a subsidiary of eBay Inc is germane to this debate as is the clear commercial benefit that will accrue to PayPal as a result of this initiative.’

I’m not telling you how you should feel about this issue but I think people should be informed as to what is going on. I signed the petition against it. It will absolutely prevent me from the ‘bits and pieces’ selling that I currently participate in. I am hoping that the ACCC sees sense and intervenes to allow us, the sellers and consumers, the choice to make our own decisions and to not let such a major player get such a huge stranglehold in a market which will prevent new businesses getting a foot in the door and deny existing small players the opportunity to grow.

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Bless their thieving little dumbarse cotton socks. This story just tickled me; a) I love hearing about thieves getting their just desserts and b) I love hearing about how technology can make our lives better and or easier. This story blends the two.

Two men were arrested in White Plains New York with $US5500 worth of stolen computers and electronic devices including iPods, TVs and game consoles after the owner happy snapped one of the thieves using her webcam remotely.

A 19 year old female Apple employee (and my new hero), returned home on April 27 to find that the apartment she shared with two others had been burgled according to the local Lower Hudson Valley newspaper, The Journal News.

Just last week one of her friends, who had seen she was online, sent her a text message to congratulate her on getting her laptop back. Except she hadn’t. Realising the thief that stole her laptop had gone online the savvy girl signed on to another Mac computer and activated the Back to My Mac feature in Leopard which allows single sign-in to .Mac for remote, secure access to all computers on which you've signed in. She then remotely activated her MacBook’s built-in iSight camera. While the thief sat down in front of the computer, our quick thinking hero captured an image. She also snagged photos off her computer that the other thief had uploaded.

Then, in what turns out to be the best twist of all, one of the flatmates recognised the thieves by their photos. It seems Ian Frias and Edmon Shahikian had been to a party at the victim’s apartment a few weeks before.

Both Frias and Shahikian are due to appear in court this week on charges of burglary and possession of stolen property. They also have an upcoming court date pending over dope bust last year. Frias pleaded guilty to a misdemeanor marijuana-possession charge and is to appear for sentencing. The case against Shahikian is still pending.



Image from lohud.com

Guys, your uppance has well and truly come.

Oh and Dave, this one's for you. Let's hope something like this happens one day really soon to the creeps that robbed you.


Information source The Journal News and The Australian

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Bob Marley was born Nesta Robert Marley in Jamaica on February 6 1945. Today is the anniversary of his premature death from cancer aged just 36. Marley’s name is synonymous with reggae music and he is undoubtedly the most famous artist this genre has known. A testament to his popularity, the compilation album, Legend, posthumously released three years after his death is the best-selling reggae album ever, with sales in excess of 12 million copies.

Marley became friends with Neville "Bunny" Livingston (later known as Bunny Wailer) when his mother moved the family to Kingston’s Trenchtown slum after his father’s death. He left school at the age of 14 and started an apprenticeship as a welder. But his real love was music. In his free time, he and Livingston made music with Joe Higgs, a local singer and devout Rastafari. It was at a jam with Higgs and Livingston that Marley met Peter McIntosh (later known as Peter Tosh).

In 1962, Marley recorded and released his first two singles under the pseudonym of Bobby Martell. They received no airplay and attracted little attention but confirmed Marley’s ambition to become a singer. The following year he decided the way forward was with a group. In 1963, Bob Marley, Bunny Wailer, Peter McIntosh, Junior Braithwaite, Beverley Kelso, and Cherry Smith formed a band, calling themselves The Teenagers. They later changed their name to The Wailing Rudeboys, then to The Wailing Wailers. The Wailing Wailers released their first single, "Simmer Down", which went to number one in the Jamaican charts, a position it held for the next two months. In Jamaica, the band was big news.

Over the next few years The Wailing Wailers put out some thirty songs that properly established them. The new group had a mentor, a Rastafarian hand drummer called Alvin Patterson, who introduced them to Clement Dodd, a record producer in Kingston. Dodd auditioned The Wailing Wailers and agreed to record them. It was the time of ska music, the hot new dance floor music with a pronounced back-beat. Its origins incorporated influences from Jamaica's African traditions and the heady beats of New Orleans' rhythm & blues.

Despite the popularity of The Wailing Wailers, the economics of keeping the group together proved too much and three members; Junior Braithwaite, Beverly Kelso and Cherry Smith all quit.

When Marley’s mother remarried and relocated to the United States, she sent enough money for him to join her to start a new life away from the poverty of Jamaica. Before he left, he met and married Rita Anderson. In 1966, Marley moved to the US for a short time, where he worked as a lab assistant and on the assembly line at Chrysler, but the US was not for him. When he returned to Jamaica, Marley became a member of the Rastafari movement, and started to wear the dreadlocks that were to become his trademark. By 1967 Marley’s music reflected his strengthened spiritual beliefs. Jamaican music was changing. The bouncy ska beat had been replaced by a slower, more sensual rhythm called rock steady.

Marley joined up with Bunny and Peter to re-form the group, now known as The Wailers and the rest, as they say, is history.

The Wailers new commitment to Rastafarianism brought them into conflict with Dodd so Marley and his band teamed up with Lee Perry and his studio band, The Upsetters. The group formed their own record label, Wail 'N' Soul. Despite a few early successes the label folded in late 1967. The group, however, survived; initially as songwriters for a company associated with the American singer Johnny Nash who went on to have an international smash hit with Marley's "Stir It Up". And although the Perry/Wailers combination lasted less than a year it resulted in, what some say, was the finest music the band ever made.

In 1970, Aston Barrett and his brother Carlton (bass and drums respectively) joined The Wailers. They had been the rhythm core of Perry's studio band, working with The Wailers on those ground-breaking sessions. The band had an extraordinary reputation throughout the Caribbean at the start of the Seventies, but internationally The Wailers were still unknown.

In 1971 Bob accepted an invitation from Johnny Nash to accompany him to Sweden where Nash had taken a film score commission. While in Europe Marley secured a recording contract with CBS who Nash was also signed with. By 1972 The Wailers were in London, to promote their CBS single "Reggae on Broadway". Instead they found themselves stranded in Britain.

Bob Marley walked into the Basing Street Studios of Island Records and asked to see its founder Chris Blackwell. The company had been launched in Jamaica during the late fifties.
Through the sixties, Island Records had grown to become a major source of Jamaican music, from ska and rock steady to reggae. They had also embraced rock music, with such bands and artists as Traffic, Jethro Tull, King Crimson, Cat Stevens and Free. When Bob Marley made his first moves with Island in 1971, he was connecting with the hottest independent in the world at that time.

Although between 1968 and 1972, The Wailers re-cut some old tracks in an attempt to commercialise their sound, their first album, Catch A Fire, wasn’t released worldwide until 1973. It was heavily promoted and was the start of a long climb to international fame and recognition. Although Catch A Fire was not an immediate hit, it made a considerable impact on the media. Island also decided The Wailers should tour both Britain and America which was pretty much unheard of for a reggae band.

It was followed a year later by Burnin', which included the songs "Get Up, Stand Up" and "I Shot The Sheriff". Again, it was a cover of a Marley song that got him noticed. Eric Clapton’s version of "I Shot the Sheriff" in 1974 was a hit and raised Marley's international profile. The Wailers broke up in 1974 with each of the three main members going on to solo careers. McIntosh began recording under the name Peter Tosh and Livingston continued as Bunny Wailer.

Despite the breakup, Marley continued recording as Bob Marley & The Wailers. The band included brothers Carlton and Aston Barrett on drums and bass respectively, Junior Marvin and Al Anderson on lead guitar, Tyrone Downie and Earl Lindo on keyboards, and Alvin Patterson on percussion. . Bunny and Peter's missing harmonies were replaced by the I-Threes, the female trio comprising Bob's wife Rita together with Marcia Griffiths and Judy Mowatt.

In 1975, Marley had his international breakthrough with his first hit outside Jamaica, "No Woman, No Cry" from the Natty Dread album. This was followed by his breakthrough album in the US in 1976, Rastaman Vibration, which spent four weeks on the Billboard charts Top Ten.

Bob Marley & The Wailers had taken reggae into the mainstream. In 1976, when The Wailers returned to Jamaica to play a benefit concert with Stevie Wonder, they were Jamaica’s greatest superstars. The idea of the concert was to emphasise the need for peace in the slums of the city. Shortly after the concert was announced, the government called an election. The campaign was a signal for renewed ghetto war and, on the eve of the concert, gunmen broke into Marley's house and shot him wounding him in the chest and arm. His wife and manager were also wounded. In defiance of the gunmen, and despite his injuries, Marley went on to perform a brief set at the concert.

Marley left Jamaica at the end of 1976 for England, where he recorded his Exodus and Kaya albums. Exodus stayed on the British album charts for 56 consecutive weeks and included four UK hit singles: "Exodus", "Waiting In Vain", "Jamming", "One Love", and a rendition of Curtis Mayfield's hit, "People Get Ready". While travelling in London he was arrested and received a conviction for possession of cannabis.

In 1978, Marley returned to Jamaica to play the One Love Peace Concert in front of the Prime Minister Michael Manley and the Leader of the Opposition Edward Seaga. He was then invited to the United Nations in New York to receive the organisation's Medal of Peace. At the end of the year Bob also visited Africa for the first time, going initially to Kenya and then on to Ethiopia, the spiritual home of Rastafari.

Babylon by Bus, a double live album with 13 tracks, was released in 1978 to critical acclaim.

Survival, Bob Marley's ninth album, was released in 1979. It included "Zimbabwe", an anthem for the soon-to-be liberated Rhodesia, together with "So Much Trouble In The World", "Ambush In The Night" and "Africa Unite". The sleeve design of the album, comprising the flags of the independent nations, reflected Marley’s support of pan-African solidarity.

At the start of 1980, the government of Zimbabwe invited Marley to play at the country's Independence Ceremony in April, 1980. The band’s next album Uprising was to be Bob Marley’s final studio album and his most spiritual. It was an instant hit, with the single, "Could You Be Loved" a massive worldwide seller. Uprising also featured the extraordinary "Redemption Song".

The Wailers embarked on a major European tour, breaking festival records throughout the continent. This included a 100,000-capacity crowd in Milan, the biggest show in the band's history.

Despite the belief by many that Marley had lung cancer due to his high consumption of cannabis, the cancer – which would eventually take his life – began as a malignant melanoma in a wound on his toe. Marley refused amputation, because of the Rastafari belief that the body must be whole. The cancer metastasized to Marley's brain, lungs, liver, and stomach. After playing two shows at Madison Square Garden as part of the 1980 Uprising Tour, he collapsed while jogging in New York’s Central Park.

Bob Marley played his final concert at the Stanley Theater in Pittsburgh, Pennsylvania on September 23, 1980. The live version of "Redemption Song" on Songs of Freedom was recorded at this show. Marley was receiving controversial non-toxic therapy in Bavaria which for a time seemed to be working but his cancer had already progressed to the terminal stage.

While flying home to Jamaica for his final days, Marley became ill. He was taken to a hospital in Miami, Florida where he died on the morning of May 11, 1981 at the age of 36.

A month before his death, Marley had been awarded Jamaica's Order Of Merit, the nation's third highest honour, in recognition of his outstanding contribution to the country's culture. On Thursday May 21, 1981, was given an official funeral by the people of Jamaica which combined elements of Ethiopian Orthodoxy and Rastafari tradition. Following the service - attended by both the Prime Minister and the Leader of the Opposition - Marley's body was taken to his birthplace at Nine Mile where it now rests in a mausoleum.

Marley was inducted into the Rock and Roll Hall of Fame in 1994. Time magazine chose Bob Marley & The Wailers' Exodus as the greatest album of the 20th century.

In 2001, Marley was posthumously awarded the Grammy Lifetime Achievement Award.

He left behind a remarkable body of recorded work.

In 2004, a cover of "Three Little Birds" by his son, Ziggy Marley, and Sean Paul was used as the title song for the film Shark Tale.

Bob Marley had 13 children.

I'm a big fan of Bob Marley, I think he is someone who changed the landscape of music and he will always be remembered as one of the greats. I drew the picture below in 1983 and I'm still as much of a fan now as I was then. Bob Marley truly is a legend.



Picture by Cheryl J


From the official Bob Marley Website:

The Bob Marley Foundation seeks to maintain a dynamic foundation that will enable individuals, groups, and/or communities in developing nations, particularly Jamaica and Africa, to create and implement programs that assist in the empowerment of the oppressed and the elimination of generational poverty through sustainable projects. The Foundation supports non-profit organizations and NGOs that meet criteria established by the Board of Directors and seeks support by way of partnerships to benefit the many projects. The Bob Marley Foundation gives much-needed support to a world of people living in poverty. Your financial sponsorship, physical contribution, and continued support are vital. It assures that our mission and programs will continue to provide help to needed communities.

Information from wikipedia and bobmarley.com
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If you are a fan of Joss Whedon’s Firefly and Serenity and you live in Sydney or Melbourne, you’re in luck. The HUB Productions is presenting a Serenity convention this weekend Saturday 10th May in Sydney and Sunday 11th May in Melbourne from 9.00am to 6.00pm both days.


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Facebook: Huge security flaw.

May 6th 2008 12:39
The BBC technology program ‘Click’ has shown how vulnerable your personal information is on Facebook and how easily that information could easily be stolen.

Facebook allows users to add myriad applications to their profile. But as the BBC has shown, anyone with coding experience could potentially mine your personal info by creating a malicious program concealed as an application


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Ok first up. This blog post may be offensive to some. It is not meant to be offensive, it was written in the spirit of humour. If you are sensitive or don’t like a little profanity, please move along now. The ‘family friendly’ force field has been turned on so you have been duly warned. And no, I don’t think it’s racy enough to warrant a Mature Content label.

And before anyone feels the need to slag me off for this post because I’m making fun of disabilities or cancer blah blah, I have a disability and a family member with cancer so get a grip


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US porn company, Vivid Entertainment, is reportedly releasing a 40-year-old amateur sex video that allegedly stars legendary musician Jimi Hendrix and two women. The LA based company and largest adult film producer stated that it obtained the tape from a collector. Although they say the tape has been authenticated, by an ex-lover and the notorious Cynthia ‘Plaster Caster’ (who is famous for making plaster molds of the appendages of many famous rock stars including Hendrix), the authenticity has already been disputed by a former girlfriend and a number of collectors and historians.

According to the NY Times, Kathy Etchingham, who was a steady girlfriend of Hendrix, has checked out stills taken from the film and said that the features of the man in the footage do not match. According to her the face and nose of the man are broader than those of Hendrix


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Free Comic Book Day - 3 May 2008

April 29th 2008 14:45
There are some of you who may already be aware of this but if you are a comic book fan take note. On Saturday, May 3rd – the comic book industry once again celebrates
Free Comic Book Day!


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Sarah Michelle-Gellar – Buffy Summers

Since leaving Buffy, Sarah’s career has continued to be quite varied. She has provided voice-overs on The Simpsons, fellow Buffy regular Seth Green’s animated series Robot Chicken, the long-delayed Happily N'Ever After, providing the voice of Cinderella and the CG Animation TMNT. Gellar reprised her role of Daphne in the Scooby Doo sequel and went on to scare the pants off us in the American remake of the Japanese horror film Ju-On: The Grudge - known just as The Grudge for the Western audience - and had a cameo performance in its follow up, the oh so cleverly named The Grudge 2. Another horror/thriller which wasn’t quite as successful was The Return


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In a very surprising twist in an interview with Rolling Stone Magazine, Lars Ulrich, the drummer for Metallica indirectly suggested that they are possibly looking at offering their fans low cost or free downloads of their music.

Ulrich stated, “We're looking at how we can embrace everything. We want to be as free players as possible. We've been observing Radiohead and Trent Reznor (of Nine Inch Nails) and in 27 years or however long it takes for the next record, we'll be looking forward to everything in terms of possibilities with the internet


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Recent Comments

It looks like a pot plant.

Thus cementing SJP as one of the most unattractive women in the world... and she wonders why she gets on that list.

All I have to say is:
* Treacy, some kids should never be allowed near glue, glitter or foliage in their formative kindergarten years.

* Someone take a whipper snipper (or weed whacker as the yanks call them) to that woman's head.

And finally.

* SARAH LOOK INTO A MIRROR BEFORE YOU LEAVE THE HOUSE!

She probably got back from the premiere to find a couple of pigeons nesting and rutting in the tree atop her bonce.

In the words of the immortal Charlie Brown. Good Grief!

Comment by Cheryl J
on do cats really need baths?

May 15th 2008 13:56
It is a truly scary thing to do and you need at least three people to ensure you don't look like you been sliced and diced when you come out the other side. There is nothing quite as sharp as pusscat claws.

The one clinging to the tap is cracking me up "Nooooooooo DO NOT WANT!!"

Comment by Cheryl J
on do cats really need baths?

May 15th 2008 11:27
They look so straggly and skinny! Great instructions about bathing them.

We had to bathe our cat after she was attacked by two dogs. When I beat the dogs away from her she was pretty cut up and so terrified she had pooed all over herself and then me. After we got back from the vet and she hid under a pillow for a few hours (that bedlinen needed a good bleaching) we had to clean her. It was very stressful and difficult and I think unnecessary unless it's a health issue, they're pretty good on cleaning themselves on the whole.

You have to GO HERE , she looks like she's loving the water!

Comment by Cheryl J
on its a banner bonanza!

May 13th 2008 12:21
They're fabulous! Well done, I think they are much better than cute. I especially love Artist Quirk, tres tres chic!

And thank you for all the lovely praise of my design, you are a sweetheart

I am getting so slack. How long have you had the business blog missy? I'l have to pop on over and check it out.

Comment by Cheryl J
on what is going on with this pic?

May 13th 2008 11:40
I'm a private eye in my spare time.

Jason, you have amazing powers, I feel like chocolate too!

Hi Justicia

She certainly made the cops' jobs easier!

always glad to brighten someone's day GeekGrrl. She was a smart cookie. I'll bet this is not even close to being the first time someone has been robbed by a person that has been in their house or by a neighbour.

A friend of mine bought a big plasma TV and got robbed two days later. Methinks someone saw them carrying it in. Scary.

Comment by Cheryl J
on what is going on with this pic?

May 13th 2008 10:52
And here is your other stalker

Airbrushing gone mad. Why would they want to mess with someone who is already beautiful and turn them into a freak? I just don't get it. They have gone so overboard with the face retouching.

This must have been the same shoot. Her eyes and face have been retouched (nobody has the whites of their eyes this glaringly white) but at least she looks more human.


Comment by Cheryl J
on DESCRIBE the WORST NIGHTMARE you've ever had

May 13th 2008 09:18
Bryn, it really would make a good scene in a horror movie, it scared the bejeezus out of me when I dreamt it!

Hey Morgan, it's great to hear when stuff like this happens isn't it? And the victim of the crime, what a clever girl, it would never have crossed my mind to turn on the webcam!

MNG, I don't even think Maccas hire crims. Most likely they'll be pumping gas - the oil companies are crooks already so I'm sure they'll take 'em.