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Comment Unwise to prepend "updates" to original report (Score 1) 145


After reading the court's decision, which emphasized the absence of any activity by ROR after the injunction, they were probably unwise to edit the original posting by pre-pending updates about the progress of the case. Now, the plaintiff could argue, they took actual action (editing and re-posting) after the injunction.

They would have been wiser to move the original (intact) to another URL and redirect the original to the new statement with links to the original at its new URL, possibly even adding some JS to the new statement to help go get the original article.

Comment Easy to do and fair (Score 1) 276


One of the reasons that out of state merchants haven't always had to collect sales tax is to prevent a small shop from having to find the rates and file a return in every distant state where they do a single transaction.

The problem, now, is that your local businesses (if you have any left) have to pay taxes in your state even if they only sell a few hundred dollars of merchandise a year while online merchants don't have to pay taxes even if they ship millions of dollars of product into that state.

This is easily solved so long as the following conditions are met....

* Every state has a single tax rate for out-of-state merchants no higher than the lowest rate inside the state (no county-by-county rates)
* Simple categories. If a state makes groceries exempt but taxes ready to eat food, then all out-of-state food is exempt
* Either a national clearinghouse (upload month, total, and first 3 digits of zipcode) or a consistent mechanism (visit salestax.XX.gov)
* In not using a national clearinghouse, either exempt anyone shipping less than a certain amoung ($5000/year?) to a state or have carriers (usps, ups, etc..) handle the tax process as part of the shipping process for little guys who ship one or two small things to some state and shouldn't be bothered with filing even online.
* Require carriers on imports to assure that the tax is paid. (They already do this with import duties)

Comment Why companies patent.... (Score 1) 173

Back in the days of dial-up modems, Hayes tried to force Motorola to license the (pause)+++(pause) escape sequence [Heatherington].

The response was swift... Motorola looked in their own collection of patents to see what Hayes probably infringed....

To paraphrase, the response started with "You use wire, don't you?"

Comment Just need to have serious fines for employers (Score 4, Informative) 619

The ID cards are not the problem. The problem is consequences.

Today, it is cheaper to staff with undocumented workers and hope they don't get caught. If ALL employers had to verify the ID of all of their employees and contractors or face serious fines and all contractors (including household help) were required to show a verifiable ID and anyone who fails to check or falsifies faced serious penalties, this problem would be hugely reduced overnight.

The real problem is that the big businesses (agriculture, meat packing, hospitality, commercial real-estate, etc..) want the cheap labor and won't let the problem be solved.

Comment You owe taxes if you are a "non-contractor" (Score 3, Informative) 691


The issue with this would impact someone who forms his own contracting firm and starts to deduct business expenses like getting from home to the job site, home office costs, etc... If he is later declared to be an employee, all those deductions get disallowed and he owes the back taxes. I suspect that, if he incorporated and paid himself mostly by distributions, he also paid his taxes at capital gains rates instead of the wage rates. That's a privilege restricted to lawyers, doctors, financial consultants, investment fund managers, and corporate officers.

Now, originally, the law's effect would have been balanced by the way that it kept companies like Microsoft and IBM from just making everyone a contractor to remove benefits, but the corporation quickly figured out that they could use temp agencies as a middle-man. It wasn't until a major lawsuit in the late 1990s that companies became sensitive to the idea that if it walks like a duck (employee) and quacks like a duck (employee), then it is a duck (employee) that can sue you for benefits. After that suit, many companies started brining contractors back on the payroll to avoid later class action claims.

Comment Never Prosecuted? There was no crime. (Score 1) 166

The author and I were contemporaries and he forgot one very important reason he was never prosecuted. In 1974, there was no crime even if this had been done by an adult maliciously and for money. The pendulum, of course, has swung far in the other direction and users now face serious criminal charges for TOS violations.

By the way, many of us who have good heads for computer security learned during years before it became a felony to practice.

Comment Short-term CEO Bonus System (Score 1, Insightful) 346

The problem with investing in green tech isn't the EPA. (Many of the worst chemicals in Solar Panel manufacturing are so toxic that they kill you instantly if you mishandle them... and they don't stick around).

The problem is that these investments take years to payoff and US corporations provide incentives for very short term results at the expense of serious long term investments.

Comment Need US law and exempt the first $5K/state (Score 1) 507


If I have a small business in CA and sell less than $400/year retail, the state doesn't want to be bothered setting up to collect sales tax from me. Similarly, if I run a small candy store in Vermont and ship something to CA a few times a year, it isn't worth anyone's trouble to collect sales tax. That said, if I do sell within my state, I have to compete with businesses that pay no taxes.

Here's a reasonable solution....

1) If you ship less than $5K/year into a state and you aren't located there, don't worry about it.

2) If you ship more than $5K/year into a state, then you must check with that state (in a nationally standardized way) to find out if they have opted to tax incoming items. If they have, you have to pay the same tax rate as their in-state businesses, but you get to send it to the state along with a standardized (probably CSV) file indicating the zip-codes and totals you have shipped to.

3) If you ship from outside the US, you can either follow the procedure in (2) above, you can let ebay/paypal/Visa/MasterCard/Google handle that for you, or you can pay a standardized 10% fee by the same mechanisms that handle import duties now. Common Carriers (USPS, DHL, FedEx, UPS) would find it necessary to ensure that they either have confirmation that the duties have been paid or that they collect them from the shipper (just as they presumably do now if you try to ship something non-duty-free from abroad).

Comment For years, Hayes ended press releases with +++ATH0 (Score 4, Interesting) 249


Its a shame that the article missed so much....

Like the times when much of the industry didn't want to license the Hetherington Patent from Hayes on the "guard time" surrounding the "+++" in the escape sequence, so Hayes ended all of their press releases with +++ATH0 (which would cause a lot of modems to hang up on the BBS systems of their day).

They also missed the interesting fact that the "56K" modem was an old idea that was rattling around Bellcore for years before 1996 and fairly common knowledge in the Bell system. [The big issue with getting there was the need to have digital trunks connecting all of the dial-in server pools with the telephone network.]

Probable never would have become a mainstream consumer device without AOL. Until AOL, you really had to be a geek to use one.

And, of course, the modem wars of 1996-1998, as the major technology companies duked it out, the vast majority of modem companies went bust, including Hayes.

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