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May 30, 2011

Handling Illegal Workers Problem

Filed under: law,politics — Tags: , — robert @ 12:41 pm

This is a perfect example (link at bottom) of how the illegal immigration problem should be handled. Charge the businesses that hire them. These businesses not only hurt the nation but also abuse the illegal workers themselves.

What's there to be gained by arresting and detaining a bunch of illegals? These people don't have much money and they return anyways. By going after the businesses that hire them, you dry up the incentive to cross the borders illegally, and the government can possibly recoup the litigation costs.

This is not unlike the war on drugs, where the government fights the losing battle of arresting and incarcerating people with a joint. The real solution is to legalize some milder drugs, like marijuana, then tax them heavily and use the proceeds for public outreach and education.

Of course, all this requires a government with efficiency and integrity, and when is that last we had such governance?

NYT: A crackdown on employing illegal workers - Business - US business - The New York Times - msnbc.com.

November 12, 2010

Amazon.com and Pedophilia

Filed under: law,money — Tags: , — robert @ 9:09 pm

amazonFirst amazon.com accepts a book that apparently promotes, or at least condones, pedophilia (I haven't read the book, nor do I plan to). Then basks in the publicity as complaints begin to pour in and the media covers the story ad-nauseum. Then it stokes the flames more by hiding behind the first amendment, realizing that it will drum up even more business. Finally when the calls for boycotting start to get louder, it silently removes the title from its site, and it refuses to answer any questions about its decision.

So which is it, amazon? Did you suddenly decide to violate the first amendment rights of the author and yank the title? Or did you decide to be a moral corporate citizen? The answer: none of the above. Just a hypocritical company riding the wave of publicity and doing the right thing only when profits are in jeopardy. It's anything for a buck, even instructions on child abuse.

Disclaimer: I have a gripe against amazon.com for unjustly accusing me of wrong-doing.

August 13, 2010

Oracle Collects on Sun

Filed under: business,google,law,technology — Tags: , , , — robert @ 11:15 pm

Oracle SunBack when Oracle acquired Sun, you really didn't think that it was going to continue with the free open source model, did you? Of course not. This is Oracle, and Oracle is all about business. It has expensive products and even more expensive support and maintenance terms. And if someone like SAP starts to offer cheaper support, Oracle has the legal resources to sue them out of its turf very quickly.

Those lawyers are now busy suing Google over Java license violations in its Android platform. Meanwhile OpenSolaris is seeing its last days in the sun as the focus shifts to its commercial counterpart, Oracle Solaris, where there's money to be made.

It won't be long before Java, MySQL, and OpenOffice will be history too, at least in terms of their current forms. In Oracle's world if a product doesn't substantially contribute to the bottom line, it's axed. That's an unfortunate hit on innovation and open collaboration.

Oracle has a good track record of successful business ventures and profitable acquisitions. But the company is basically reliant on old legacy systems from itself and acquired companies to drive its earnings. When is the last time you heard of an innovative or exciting product coming out of Oracle? Probably in 1977 when its flagship product, Oracle Database, was conceived. And even then Oracle Database wasn't that novel. It was based on an existing IBM database product.

June 17, 2010

Sympathy for BP

Filed under: environment,law — Tags: , — robert @ 10:29 pm

BP, Tony HaywardIs it just me or does the BP boss, Tony Hayward, has one of those faces you feel sorry for? I know, no compassion for BP, but watching the man squirm before the congressional hearing today, I almost felt bad for him.

Ok, enough sympathy. Now let's get that Gulf gusher plugged, shall we?

 

March 30, 2010

Class Action Beneficiaries

Filed under: law — robert @ 10:34 pm

I received the notice below informing me that I'm a part of the AT&T DSL class action lawsuit. Lucky me. by choosing to stay in the class action, I could receive a whopping $2 in 6 months after filling out and mailing a form to AT&T. This is so beyond stupidity, it's not even laughable. Who's going to even bother?

Obviously and as usual the real beneficiaries here are the lawyers who reap millions of dollars for the case. One could argue that it is the threat of lawsuits that make corporations think twice before ripping off consumers. I'm not so sure. Companies probably look at these events as just the cost of doing business.

So the lawyers get rich, the companies pay a paltry fine and continue to rake in profits, and the consumer who is supposed to be the victim here and the raison d'être for the lawsuit gets $2, and that is after begging and waiting. Yeah, that makes a lot of sense!

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June 30, 2009

Amazon Vs. Internet Sales Tax

Filed under: internet,law,money — robert @ 10:05 pm

As an Amazon Associate (you can see the banners even on this page), I have been following the spat between Amazon and the cash-strapped states that are legislating Internet sales taxes.

The states argue that Amazon Associates in their jurisdictions are tantamount to company branches constituting presence and therefore any sales made to their residents are subject to state sales taxes. Amazon counters that associates do not add up to physical presence and therefore it should not be required to collect sales taxes on behalf of those states.

To put its money where its mouth is, Amazon has terminated its relationship with affiliates in North Carolina, Rhode Island, and Hawaii and has vowed to do the same in other states where such laws are passed. California, for example, is one such state that Amazon could axe its associates if the state decides to go through with an online sales tax law.

Admitting bias in this debate, I think Amazon is right and the states are being short-sighted for something that doesn't amount to much money anyways. By pushing Amazon and others into terminating their resident associates, not only would they lose potential sales tax dollars, but they would financially harm their own residents who would most likely spend their earnings in their own states as well as pay income tax on their Amazon earnings.

Online affiliates should be considered nothing more than advertising vehicles. If a company places an advertising in a state's newspaper, that doesn't constitute presence. A Web page is just like any other publication, the only difference being that it's online.

There are other factors that complicate matters even more. What if the Web servers used by an associate are housed in a state different than the associate's residence? Suddenly that state may want a piece of the sales taxes too. What if an associate has a second home in another state where weekends are spent tweaking the Web site?

In the end, if many states succeed in passing Internet sales tax laws, Amazon will most likely pull the plug on its associates program completely. Or it may decide to only work with associates from a handful of states that are too lucrative to walk away from. That may be bad for Amazon, but it's even worse for those states that would in fact cut off their residents from a source of income, possibly forfeiting tax earnings to other states who may be wise enough not to pass such laws and, as the result, harm their residents and ultimately themselves in the process.

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March 12, 2009

Ponzi Sentencing

Filed under: law,social — robert @ 11:37 pm

I have to admit to a bit of sympathy for the convicted schemer, Bernie Madoff, when I saw his picture today (he pleaded guilty today). I suppose if I had lost my life's savings in his game, I wouldn't be so forgiving. There's probably something about sentencing frail old men or women that gives it an aura of cruelty, regardless of what these people were like at their height of power.

Even though Madoff and other white collar criminals spend their sentences in minimum security penitentiaries and don't face the harsh times experienced by violent criminals, the fact remains that they are locked up and taxpayers will have to foot the bills.

There must be a more humane way to mete out justice with less burden on the society. For example the government could seize all their assets, strap a monitoring device on them and give them a small monthly stipend and food stamps equivalent to what people on welfare receive and then let them loose.

That sort of punishment is a more humane way of treating white collar criminals and it's probably more cost effective than locking them up in some expensive institution. Their criminal records and their monitoring devices will keep them in check, while they get a taste of life as a part of the underprivileged class of people struggling to survive.

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May 13, 2008

Seatbelts and Risks

Filed under: law,social — robert @ 10:17 pm

Since my last seatbelt ticket I have given the seatbelt law some thoughts. While in my mind this is an oppressive rule, there is one other side of this law that I hadn't considered before. I have always argued against mandatory seatbelts due to infringement on personal freedom. I don't disagree that they can help save lives and minimize bodily harm. And yes, there is the potential for curbing additional societal cost (police, medical, etc.), but that could lead to the slippery slope of banning many activities since there's always some level of risk and potential financial loss associated with them.

My position is that as long as the risk is generally on the risk-taker, personal freedom should trump protection of self by coercion. In extending that argument to seatbelts, I had neglected to consider another side of this issue and that is the possibility of severe financial and emotional risk to others.

The new perspective popped into my head while driving to work the other day. Suppose that due to my negligence I cause an accident. And suppose the other driver wasn't wearing his seatbelt and as a result he is gravely injured or he dies. Since the accident was my fault I would be faced with a large financial liability, not to mention the emotional guilt I would suffer for causing injury or death to another individual. If only he was wearing his seatbelt, he might have walked away from the accident with superficial wounds. I would still be liable for property damage and medical treatment, but the scope of damages would be much smaller and my emotional stress would be nowhere near that of the first scenario.

So it can be argued that by not wearing my seatbelt I'm creating additional risk not only for myself but more importantly for other drivers as well. Looking at this argument from a non-selfish point of view I have now begun to realize that if I am the cause of an accident I hope that the other driver was buckled up. But even if the fault was with the other driver and he wasn't buckled up, I might still suffer the trauma of having been involved in a fatal collision. Judging on that, perhaps the seatbelt law isn't as oppressive as I had initially thought. Of course this argument can again enter a slippery slope and extend far beyond wearing seatbelts, but that's a subject for another time.

btw, which is the correct spelling, seatbelt or seat belt, or both? If had to guess I'd go with the latter (Wikipedia also has the latter), but I have also seen the former used frequently.

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May 8, 2008

Seatbelt Ticket, Again

Filed under: law,social — robert @ 11:17 pm

And so the law caught up with me again for the third time, barely 9 months after my last seatbelt ticket. This time I was caught in my own little hometown while driving to work. I was alert enough to see the cop standing by the side of the road looking into cars. I scrambled to grab the belt but it kept slipping out of my hand and by the time I had a good grip, I was spotted and got pointed out of the traffic. Game over.

As I waited for the cop while he was checking my license and registration, I thought the only thing I hated more than wearing the seatbelt was to pay the fine. I could mount no defense. I had clearly broken the law and the officer was just doing his job. Other than that, I consider myself a law-abiding driver. I drive defensively, observe all traffic rules, and I don’t chatter on a cell phone. I don't even have a cell phone. The policeman's gruff manner had changed by the time he returned. He actually apologized for taking long to check my papers (I had handed him an expired registration) and gave me a $37 ticket. Not too painful, considering the fact that my last one was over $100.

I suppose being a town resident had something to do with softening him up. The police department is requesting a sizeable budget from the town for upgrades and there's a lot of grumbling from the taxpayers who are fed up with high taxes. The referendum is coming up soon and there's no need to harass the already irritated residents.

As I continued my commute with the seatbelt fastened I kept fighting the contraption to get some breathing room. I felt like a shackled prisoner in my car, trapped and pinned down to my seat. Several times I was distracted from the road while I kept yanking on the belt to loosen the death grip. Clearly this wasn't going to work.

Obviously fighting this law through civil disobedience was going to cost me a lot of money and a bad record. The apparent solution was in the form of a small keychain store card. I pulled the belt far enough to keep it loose about me and then jammed the card through the slit on the top hook. That put enough pressure on the belt preventing it from being recoiled by the spring. After adjusting the length several times, I think I finally achieved a good balance between looseness and a buckled seatbelt.

I'm not sure if what I've done is illegal or constitutes tampering, worthy of a fine. while I have slightly inhibited the natural operation of the seatbelt, I haven’t made any changes to the mechanism itself. I consider it more of a superficial adjustment, but I suppose it has somewhat reduced the belt's safety factor. For now this allows me to be a more alert driver, while hopefully dodging another ticket.

By the way, I don't recommend anyone doing this. Drive safely and wear your seatbelts.

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October 10, 2007

Adult Bicycle Helmet Law

Filed under: law — robert @ 10:24 pm

Bicycle Helmet LawA couple of entries ago I griped about the seatbelt law and how I was caught and ticketed for not wearing one driving in Westchester county, NY. Little did I know that there is a move afoot in the same county to make bicycle helmets mandatory. Mind you, this is not for children (which I support), but for everyone, including adults.

I just don't understand how people can tolerate this erosion and intrusion into their personal rights. This is yet again another obvious attempt for municipalities to transform law-abiding citizens into law-breakers and collect money. It always comes down to money, doesn't it? A bunch of bureaucrats got together one day and brain-stormed about how they can raise more money and this emerged as a good candidate under the guise of protecting public safety.

The slippery slope is indeed upon us and you can be sure that it won't stop with mandatory adult bike laws. Soon, there will be mandatory blood tests to measure your bad cholesterol and fine you if it's over some arbitrary limit. Like to exercise? There will be laws forbidding you to raise your heart rate beyond a certain number of beats per minute. Like to shovel your own snow? There will be laws banning that. How about swimming? There will laws requiring flotation devices for everyone; laws that will ban lifting heavy objects, laws against strenuous hiking, laws against running with scissors, laws against wearing too few layers during the cold, laws against hammering a nail without a permit, and laws against other laws to make sure everything is covered.

You laugh now, but all these laws will be enacted to save you from yourself, and of course each offense will carry its own scheduled fine. Why not even a law to punish you if you haven't committed an offense for a certain length of time? The justification is that it's unfair for some people not to pay into the system while others are being bilked. And you had no idea you were a criminal a hundred times over already.

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