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Comment Re:Cease and desist! (Score 1) 246

but you didn't buy the air on my property, and I am definitely not on it.

The wind blew my air onto your property. Not *my* fault. Doesn't stop Monsanto from suing farmers when patented seed blows onto their farms.

More to the point, you are consuming as much air as I am (approximately),

You mean it's a common resource we all share, and nobody should own? :-)

We probably consume about the same amount of air (depending on metabolism, activities, etc), but maybe I own more air than you. Maybe you don't own any air at all!

now if you are poisoning the air by some extra means and we had adjacent properties and your poisons entered my territory, I would be seeking retribution.

Prove that it's my dirty air that entered your property and not the polluter across the street.

Comment Re:is it really copyright trolling? (Score 1) 253

Throwing yourself in front of a car is actually creating the harm, which is not the same thing as merely being aware of the harm and planning to seek redress after purchase. While this particular situation is pretty scummy, consider the consequences that such a rule would produce.

Company A sues company B for some completely legitimate reason. Company C buys company A in its entirety -- the transaction would have happened whether or not the issue with company B existed. Why is company B off the hook?

Joe buys a house from Bob. This land, like all others in the area, has contaminated soil due to the activities of nearby EvilCorp. Joe buys it anyway because there's not much of an alternative. Should Joe not be able to join the class action lawsuit against EvilCorp, to help pay for cleanup?

Comment Re:is it really copyright trolling? (Score 2, Interesting) 253

Copyright is about my right to publish.
My right to control publication can be infringed whether or not I make a profit.

Under what circumstances does society have an interest in granting you this artificial right? Generally, the justification is that without the ability to make money off of the work, fewer works would get created, because the would-be creators (not to mention the supporting roles such as editor, QA, audio/video technician, etc) would be busy doing something else that pays the rent and keeps food on the table. The goal is not (or rather, should not be) control in and of itself.

That right, by itself, is worth something. Hence the statuatory damages.

Is it worth $250,000? Is it worth the loss to society of the ability to make full use of the work?

Comment Cease and desist! (Score 2, Insightful) 246

My point is precisely that there must be NO COMMONS.

I am hereby giving notice that you have been discovered inhaling air, some of which was within the air rights of my property at the time that I bought it (it's your job to figure out whose air the wind blew toward you -- especially if you want to know whom to sue if it's polluted, and you can prove it was that specific breath that made you sick...).

Further unauthorized use of this privately owned asset shall be grounds for litigation. I hope your lawyer's as good (i.e. expensive) as mine.

I don't think a private owners would lobby to set a liability cap on damages caused by an oil spill in his private property

The owners of the oil rig sure would. Do the owners of surrounding property have as much money to spend on lobbyists to represent their interests?

Comment Sorry, reality just isn't that simple. (Score 1) 246

You seem to be assuming a justice system that is beyond just nominally "working", but 100% efficient and cost-free to the harmed party, and that everyone is going to have full knowledge, and ample evidence, of the harms that are about to be inflicted upon them (or are being inflicted).

Your example of people getting sent to jail for things like drug possession is curious -- that's an instance of the government pursuing criminal charges, not of individuals bringing civil lawsuits. Exactly the thing that you say doesn't work (not that the War on Drugs(tm) is all that successful, but that's another matter...). If someone breaks into my home, steals my things, and shoots me, should it be up to my next of kin to gather evidence, hire a lawyer, and file a lawsuit against the perpetrator?

Should I file the pollution lawsuit after I've got cancer, and find out what was being dumped into the water supply? Small comfort that'll be, and maybe the entity responsible (at least on paper) doesn't even exist anymore.

Comment Re:Let's see if I've got this right (Score 1) 470

You're assuming that whoever I'm calling is a business with formal hours, rather than a coworker, friend, etc.

I work with remote teams in many parts of the world, and when there's a conference call it's usually outside "normal business hours" for someone, and sometimes everyone. It's nice to have a reasonably simple way to figure out just how ridiculous a given time request would be for someone else.

Comment Re:Let's see if I've got this right (Score 2, Insightful) 470

If we're still going to "get up when it's light, go to bed when it's dark", it doesn't exactly sound like "we don't rely on the sun anymore".

The knowledge that it's 11:00 doesn't tell me anything about whether it's a reasonable time to call someone in another part of the world, for example. Instead of checking a time zone offset I'd have to consult local sunrise/sunset times?

Then there's daylight saving time -- it's easier to adjust the clocks than to adjust every schedule. I guess you'd ditch that too?

Would midnight and noon still be 0:00 and 12:00, or could you have mid"night" in the middle of the day? :-P

Comment Re:Miles? Gallons? does not compute.. (Score 1) 1141

Who cares what one single trip costs?

Someone who wants to compare the cost of that trip to other ways of accomplishing the same goal (be it an alternate route, walking, biking, taking transit, carpooling, choosing a closer alternate destination, skipping the trip altogether, etc) might care.

Comment Gallons per week? (Score 1) 1141

Using less fuel per mile is helpful, but it often overshadows the other variable (miles driven) and the resulting true figure of interest: total fuel consumption.

I find it interesting that MPG meters are so common on cars now, but I never see a digital "gas odometer" than gives you a total number of gallons consumed. It's already being measured as an input to the MPG meter, but the raw data isn't made available to the driver (except in a less precise and less convenient form by dividing the odometer by the MPG meter).

You could even let the driver enter an estimated gas price and have the thing count up dollars like a taxi meter. :-)

Comment Re:USPS isn't a State Function (Score 1) 504

Federal and state gas taxes are insufficient to pay for construction and maintenance of the highway system, much less all the regular streets that the last mile delivery trucks run on.

Then those taxes should be raised to pay for that, and other taxes reduced to compensate. Make the people who use the roads pay for the roads.

I agree entirely, but what should be and what is are not always the same.

Don't penalize amazon and all the online sellers because the government is too stupid to allocate taxes properly and fairly, and wants to subsidize road costs with unrelated taxes.

It's not so much that the "government is too stupid", but that a significant chunk of the electorate screams bloody murder if their precious gas gets even slightly more expensive.

"Government is too spineless" might be more accurate.

Why should local purchases be taxed but not interstate delivery orders?

Simple: because interstate delivery orders are more efficient,

If they're more efficient, that ought to be reflected in lower base prices, plus consumer preference due to less hassle/cost on their end getting to the store.

Why do they need a subsidy in the form of a tax exemption on top of that?

it uses less fuel than driving around to 10 stores to compare prices,

How many purchases actually involve that? More common is driving to one store (bad, but not sure how much worse it is than the extra driving (and likely idling time) of a local delivery truck), and not always that for people that live in walkable/transitable areas.

Making drivers bear the full cost of driving would help with customer choice here, too.

it doesn't require parking lots which waste tons of land,

Stop having zoning codes that require low densities and minimum parking.

Comment Re:USPS isn't a State Function (Score 1) 504

The customers who would be taxed have plenty of representation. Amazon just doesn't want to lose the competitive advantage of providing tax evasion services.

If Amazon doesn't want to follow the tax laws of a given jurisdiction, it should refuse to sell items for delivery there. It's not an Internet Tax, it's a Sales Tax -- the same one those customers were paying before they started buying things across state lines. In many states, the customers are supposed to be paying an equivalent Use Tax on those items, but enforcement is difficult.

I could see exempting small vendors for whom the compliance costs of dealing with many jurisdictions would be too high, but that's not the case with Amazon -- and surely the market could provide services to help vendors sort it out?

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