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Loki Aftermath Looks Bad

einer writes "Things look mighty bad for Loki employees. From this article it appears that some of them haven't seen a paycheck since late 2000. Perhaps the most telling part of the article is contained in a parenthetical near the bottom of the page: "A single employee is listed in creditor filings as being owed almost $350,000 in unpaid salary and in expenses the company incurred using the employee's credit card."" there's a lot of not-so-happy-stuff in this article.

540 comments

  1. Always get it in writing... by Buran · · Score: 3, Funny

    Could this employee not file a dispute with his or her credit card issuer? Or is there a 'statute of limitations' of sorts in typical card-issuer fine print?

    1. Re:Always get it in writing... by bliss · · Score: 1

      Is it common to allow companies to use your credit card?

      --
      The death of one man is a tragedy; the death of a million is a statistic --Joseph Stalin
    2. Re:Always get it in writing... by james_pb · · Score: 1

      Yes, happens constantly at just about every company in the US (and France, in my brief experience). Normally you do things like charge travel expenses on a personal (or "company" card, but usually company cards are really personal cards) credit card and then submit an expense report for reimbursement. If the company goes under, you may not get your money back and there's not much you can do about it. Essentially you're one of the company's creditors during bankruptcy proceedings, and if you're talking about a software company there probably are no significant assets to distribute to the creditors.

    3. Re:Always get it in writing... by jmccay · · Score: 2

      Chances are probably not, but IANAL. Typically, when a company "uses" an employee credit card, the employ usually pays for the product or service with the expectations that the company will reimberse them.
      I consider any I buy with my own money (credit card otherwise) my property until the company pays me the money, and the money is safely in my bank account (or cashed). Doing things this way, you never run into the problem of a company owing you money because until they pay up you own it, and you are just letting them use it while you work there.

      --
      At the next eco-hypocrisy-meeting, count the private jets used to get to the meeting. Should be interesting to see that
    4. Re:Always get it in writing... by bartenderpho · · Score: 1
      The problem comes when you purchase airline tickets to a show or conference and then use your credit card to pay for the hotel. Then if the company doesn't pay you back you have nothing to show for the debt.

      I had a company that told me to use my own credit card for these expenses. I was pretty upset when it took them 2 months to reimburse me. In my opinion anytime you've got to purchase something for the company make sure to use company funds.

    5. Re:Always get it in writing... by duffbeer703 · · Score: 2

      You have one year for most purposes.

      If the employee gave loki permission to do this however, they don't have a chance.

      --
      Conformity is the jailer of freedom and enemy of growth. -JFK
    6. Re:Always get it in writing... by xjimhb · · Score: 1

      I ran into a beaut with one company I worked for. They expected me to pay for travel expenses (on my card, since I traveled so little it wasn't worth getting a "Company" card). But unlike other companies I had worked for, they even expected me to put the air fare ($1100) on my card (when I worked for IBM, they always did the big predictable stuff like air fare up front). Unfortunately their slow reimbursement cycle and bad timing put the $1100 on my AmEx before I had the money (AmEx is pretty good about those things and took off the late charges).

      Anyway, the next time they wanted me to fly out to the company HQ I just told them I couldn't handle the $1100 on my card, and they would have to set up the air fare some other way (I did indicate I could handle hotel and meals). I think the ticket ended up being charged to my manager's "Corporate" card!

      I really didn't care much, because by then I was already sending out resumes and planning to bail out ASAP.

    7. Re:Always get it in writing... by Progoth · · Score: 4, Insightful

      Among the liabilities listed in the bankruptcy filing was a total of $560,412.65 in unpaid salary, of which it was claimed that $302,009.70 was owed to the Draekers in unpaid salary and unreimbursed expenses.

      (A single employee is listed in creditor filings as being owed almost $350,000 in unpaid salary and in expenses the company incurred using the employee's credit card.)

      hmmm, looking at the math, it appears that Scott Draeker is the "mystery employee". I kinda figured this would be the case when I was reading the threads. The founder of the company gives himself (and his wife) an exorbitant salary, and then claims that it is owed to him/them. All the posts are bemoaning the poor programmer out of $350,000; the article seems to say that some shady stuff was going on, and maybe we shouldn't be moaning for the programmers, but pointing questioning fingers towards draeker.
    8. Re:Always get it in writing... by Anonymous Coward · · Score: 0

      You are assuming he is evil. Did you consider that he may have been running the company off his own credit card since it wasn't paying the bills? How is that wrong?

    9. Re:Always get it in writing... by Progoth · · Score: 1
      You are assuming he is evil. Did you consider that he may have been running the company off his own credit card since it wasn't paying the bills? How is that wrong?

      1. from january to july he and his wife got about $60,000, while the employees weren't getting anything. $60,000 is enough for a middle class family of 5 to live in my part of the country very comfortably for a year.
      2. why did he need such a huge salary? why couldn't he make the same as the programmers? he's claiming about $350,000 from the credit card bills and lost salary. let's say he got 5 different credit cards all up to $10,000. that still leaves $300,000 lost salary he's claiming. for how long? 6 months? a year? 2 years? at 2 years, that's still $150,000 a year, while his programmers are making $40-50K.
      3. he was running the company off his own credit card...giving employees "advances" an their paychecks....and now they're getting stung A LOT for taxes, besides the fact that them to get stung for said taxes is illegal on loki's part (they got 1099s even though they were employees).

    10. Re:Always get it in writing... by raresilk · · Score: 3, Interesting
      YOU are apparently the only person in this thread who clued into the suspicious fact that a normal employee does not run up $350,000 in unpaid salary and expenses - he/she can't afford to. My first thought when I saw this figure is "this is more than likely the upper management who ran the company into the ground, while soaking it of its cash, making one last greedy grab for more cash in the bankruptcy (or manufacturing a phony "debt" to offset the $$$ he looted from the company, which the bankruptcy trustee is going to try to recover for the legitimate creditors' benefit.)"

      No, I have no specific information about Loki, and I have no idea whether this is actually the case. But it happens all the time in bankruptcy cases, so I would definitely be surprised if this huge sum is actually owed to a poor exploited code warrior . . .

      as has been the somewhat sheeplike assumption of everyone in this thread other than you and me, apparently.

      --
      No, no, no. This is not a sig.
    11. Re:Always get it in writing... by DuranDuran · · Score: 1

      > I am a lawyer, but this post is not legal advice and does not establish an attorney-client relationship

      The fact that you have to attach this to your post says a lot about your profession...

      DD.

      --
      "You can justify anything by putting it in quotes, adding a famous name and making it a sig" - Albert Einstein
    12. Re:Always get it in writing... by raresilk · · Score: 1
      Actually, I attach the disclaimer to my post because of the canons of professional responsibility, which restrict lawyers to practicing law only in the jurisdictions where they are admitted. I am admitted only in California, but my posts can be read in any US jurisdiction and elsewhere. Also, I encourage readers of /. to seek appropriate legal counsel when making important business or personal decisions - I would not want anyone to rely on my comments as a substitute for that advice, nor would I want anyone to wrongly believe that the opinions expressed in my posts offer them any protection from adverse parties, prosecution, etc.

      The fact that you have seized upon my disclaimer as an excuse to hurl a cheap insult says nothing about my profession or myself. Rather, it speaks volumes about your own character.

      --
      No, no, no. This is not a sig.
    13. Re:Always get it in writing... by Anonymous Coward · · Score: 0

      Why argue with a lawyer? They're paid to warp the truth and use your words against you.

  2. This has been said.. by windex · · Score: 1, Funny

    The stink about the credit card was mentioned before on slashdot. It was used to fund payroll, I'd link to the slashdot article but I think it was in comments to another Loki article.

  3. sucks by slardy · · Score: 0, Redundant

    They proboly won't ever see that money either.

    --
    http://www.nu-vision.org
  4. at what point by theCURE · · Score: 3, Interesting

    do you STOP working there and demand some money? In my opinion, about 1 month of not being paid would be the end. Anyone who works longer than that without pay is a sucker, and i have no remorse if they get taken to the cleaners.

    --
    "i can never say no to anyone but you"
    1. Re:at what point by Anonymous Coward · · Score: 0

      Two Weeks and I better have promises of the missing funds showing up on that next check!

    2. Re:at what point by GSloop · · Score: 1

      Sheesh, they may be suckers...

      but...I DO feel bad that they got taken to the cleaners.

      Are you really that heartless?

      [Sheesh]

      Cheers!

    3. Re:at what point by MaxVlast · · Score: 2

      When you're in the thick of it, and you feel like you're part of the company, it's easy to put things off (as long as you're able to continue to support yourself.) Often, the 'cause' is seen as worth the empty refrigerator. (Been there, done that.)

      --
      There should be a moratorium on the use of the apostrophe.
      Max V.
      NeXTMail/MIME Mail welcome
    4. Re:at what point by bsletten · · Score: 2, Insightful

      You're missing out on the fact that these guys probably really believed in their mission of getting these games to the Linux desktop. They probably also legitimately believed it was a hard thing to do and so were willing to make some sacrifices toward that larger goal.

      That goal may not have sustained you (or many folks) through a period of inactivity. Sure, you have to pay the rent and know when to draw the line, but it hardly seems kind/fair/legitimate to lambast someone for having vision and principles beyond making a buck.

    5. Re:at what point by crow · · Score: 2

      It also depends on the job market. If everyone else is laying people off, and I believe in what the company is doing, then why not show up and do what you enjoy instead of sitting around at home bored?

    6. Re:at what point by reflective+recursion · · Score: 2, Insightful

      Frankly, it's the Open Source/Free Software mentality that did that. OSS coders already work for free (don't deny that Red Hat and many others make money on other people's work).

      This is just more fallout that most of the dot-com companies already experienced. The world does not revolve around wishful thinking.

      I will probably get moderated as flamebait because many /.'ers are still stuck in that euphoric state-of-mind. Many can still not accept that it's possible for people, who provide what /.'ers consider a good service, to fail.

      --
      Dijkstra Considered Dead
    7. Re:at what point by matt-fu · · Score: 3, Insightful

      do you STOP working there and demand some money? In my opinion, about 1 month of not being paid would be the end. Anyone who works longer than that without pay is a sucker, and i have no remorse if they get taken to the cleaners.

      The thing is, if you can afford to take a $350,000 loss, you probably aren't working there for the money so much as for the fun of it and maybe the principle of it all.

    8. Re:at what point by griffjon · · Score: 3, Interesting

      You seem to forget that this was, at a point, an awesome company doing really cool shit. I worked for a month at my dotcom without pay (except in loot, which wasn't adequate for the pay), but after that we dissolved and went our separate ways.

      But I'd've never let 350,000 build up in debt, much less on a credit card I was responsible for.

      --
      Returned Peace Corps IT Volunteer
    9. Re:at what point by reflective+recursion · · Score: 5, Insightful

      That is the entire reason they failed! They didn't see how _to_ make a buck. They kept seeing past it and _ignoring_ that tiny little detail.

      For one thing, Linux is a _small_ user base. On top of that, the majority of Linux users are not willing to _pay_ for software. That is the reason they use Linux. The whole "freedom of software" is just plain bullshit to many. They know it, and so do I. Which oddly explains how Loki, a proprietary company, can even attempt to market Linux to begin with. Then you get the free software believers who will not purchase Loki games based on principle. _They_ are the ones who have vision beyond making a buck. People like RMS.

      All-in-all, Loki had no clear vision and their market was very fragmented and almost noexistant. The only people who would purchase their games are die-hard Linux users who could wait a few months and pay a higher price for the same game they could have had on Windows for a lower price. Then take out the people who believe in freedom and the people who want free (no-cost) software and you are left with _no_ market.

      If you truly believe Loki had a chance, then you live in a fantasy world.

      --
      Dijkstra Considered Dead
    10. Re:at what point by Bilestoad · · Score: 2, Informative

      You stop working there and demand money the second time it happens to you. The first time I kept working, and wasn't paid for a couple of months. Luckily it was only salary and I didn't incur any expenses. In the end I was only out about $10,000. The lesson was worth at least that much.

      Loyalty is all very well but you have to look out for yourself and your family.

    11. Re:at what point by OverCode@work · · Score: 5, Informative

      Loki was a little different. For the most part, everyone WANTED to work there, and believed in the company. It's easy to believe promises and speculations when you trust the administration and have a sense of a common goal.

      -John (former Loki contractor)

    12. Re:at what point by bsletten · · Score: 1

      I don't give two shits whether Loki had a chance. I was responding to the condescending and oblique attitude of the original poster.

      I was stressing that these people probably stuck around because they were passionate about their goal. I wouldn't have done it, but I'm not going to criticize someone for having different goals than I do.

    13. Re:at what point by catfood · · Score: 2
      If everyone else is laying people off, and I believe in what the company is doing, then why not show up and do what you enjoy instead of sitting around at home bored?

      Why not? Because they promised to pay you and they didn't. There has to be some deterrent to that!

    14. Re:at what point by Anonymous Coward · · Score: 0

      I bought three loki games. More games than I've ever bought from any single company.
      Also, learn to use a fucking bold tag, idiot.

    15. Re:at what point by PD · · Score: 0, Troll

      Are you sure your name isn't really OverWork@Code?

    16. Re:at what point by reflective+recursion · · Score: 1

      Happy now?

      --
      Dijkstra Considered Dead
    17. Re:at what point by /dev/trash · · Score: 1
      Sheesh, they may be suckers... but...I DO feel bad that they got taken to the cleaners. Are you really that heartless?

      Well if he had been duped out of 10k and the comment was made sure we'd be heartless, but we're talking about an awful lot of money and an awful lot of trust. Think about it. If Loki pulled out of the tailspin, they'd have to had sold a lot of games to make up that difference.

    18. Re:at what point by Anonymous Coward · · Score: 0

      Good for you and the other 2 guys that bought Loki's products.

      It's one thing to browse over to Slashdot and see a few hundred bigmouths pontificating on how many Linux games they would buy if they only could. It's another thing to think that those guys are indicative of a broader market instead of just being a noisy little clique.

      This is the company that though they could sell tens of thousands "Collector's Edition" Quake 3 tin boxes to a market that didn't even have 3D support shipping in the mainstream distributions! How many people are going to put this shiny box up on their shelf and then proceed to pull Mesa from CVS and compile it. It's fucking ludicrous.

      Desktop Linux sure is a chicken and egg problem, but Games are just the wrong place to start. If I port a spreadsheet over, when the users finally show up 2-3 years down the road, they will still need a spreadsheet. On the otherhand, once a game has been out 6 months, it's old news -- but Last Years Games was their strategy for creating a market for their product.

    19. Re:at what point by reflective+recursion · · Score: 1

      I don't believe he was acting in a condescending manner. He stated "In my opinion." He wasn't saying that all people who stay at a job they like/believe/etc. are suckers. Just ones who knowingly stay and get taken to the cleaners. I wouldn't hold any remorse for those people either. Would you? If someone is going to be ignorant, and bull-headed about the consequences of staying with the job, then I do believe they deserve what comes to them. Good or bad.

      I was responding to your comment about Loki employees having a vision beyond making a buck, which you seemed to imply that it is a good thing to have that. I simply stated that, perhaps their vision was a little out-of-touch with reality, which should have been corrected before they even attempted achieving their goal (i.e. before Loki even came into existance).

      --
      Dijkstra Considered Dead
    20. Re:at what point by clone304 · · Score: 1

      Because you and your family end up starving and the Drakers make off with a fat retirement account. At least if you take that temporary job at taco bell, you can scam a little free food.

      Of course, the fact that you still get to drive to your fantasy world every day and play with computers makes everything ok for your starved, dead infant and your turned-to-whoring wife.

    21. Re:at what point by lhand · · Score: 1

      No kidding. I can't even imagine what it would be like to be able to afford having a company owe me $350,000. That's a lot of money to not have. I think I'd be living on the street after the first 5k.

    22. Re:at what point by clone304 · · Score: 0, Offtopic


      Wow, that's funny... You predicted Flamebait, but your now sitting at 3, Interesting. Now that wasn't predictable, was it? Do you really think that anyone believes that you thought that the moderators would treat your completely unenlightening post any differently? Anybody who can read can see that posts expressing those same ideas are very hip on /. right now.. oh wait, and have been for months.

      I'm not saying that your point is not valid, but flamebait? Yeah, it was flamebait. As soon as you said, "I will probably get moderated as flamebait".

      Just admit your karma whore nature and quit trying to scam the 13 yr olds.

    23. Re:at what point by donglekey · · Score: 1

      Well SDL kicks ass, and #SDL kicks ass so many Loki people have definitly made a contribution that I have felt.

    24. Re:at what point by reflective+recursion · · Score: 1

      Jealous?

      It's funny because I actually don't read /. much anymore. This is the 2nd or 3rd time this month. Probably 8th time this year.

      I really don't care about some virtual karma system which is beyond unbalanced. And I really did believe I would get at least a -1, or perhaps 0 (and it's still early, and I just may yet).

      --
      Dijkstra Considered Dead
    25. Re:at what point by Anonymous Coward · · Score: 0

      I think the cult mentality of most linux companies and the people who work for them is downright scary. It appears not only did Loki not pay these people, they also used their credit cards.

      This is a common dot-com thing. Asking your techies to work insanely long hours, giving them tasks that may or may not even be possible.

      It's time techies stood up for themselves, no matter how much you "believe" in linux if you're paying to work for someone... you know... maybe you should "get a life".

    26. Re:at what point by Kymermosst · · Score: 2

      Frankly, Red Hat pays a lot of people to work on open source software, including Alan Cox. Red Hat doesn't necessarily make that much money on other people's work, compared to how much work they do.

      Don't deny that they give a lot back to the community, as well.

      --
      "Alcohol, Tobacco, Firearms, and Explosives" should be a convenience store, not a government agency.
    27. Re:at what point by mvw · · Score: 2
      This is the company that though they could sell tens of thousands "Collector's Edition" Quake 3 tin boxes to a market that didn't even have 3D support shipping in the mainstream distributions!

      My collector's box contained not only the Quake CD, but a second CD with some SuSE distro as well. I didn't use that for obvious reasons, but I guess it would have prevented the problems you speak of.

      Note the dramatic setup: The OS CD is just added for convenience, in case one needs it, with probably most people treating it like they would treat an AOL CD. The game was the important bit, not the OS!

      Isn't this sympathic compared to the strange cult over there in Redmond, the one with the dance around Windows XP? Tsk, so much money for a good which should be a cheap commodity.

      Quake was by the way a problematic product, because many people bought the Windows version and then used the game files with the free Linux version, they took from the net. I wonder if Loki got any extra royalties (for the additional Windows sales they triggered).

      Regards,
      Marc

    28. Re:at what point by bsletten · · Score: 2

      Simply prefacing a statement with "IMHO" doesn't excuse it of whatever comes after it. My point is that the narrow scope of his own vision doesn't encompass all possibilities of why someone might stay at a place and not get paid.

      You can argue over what is a "reasonable" time to give to a cause without renumeration. Hell, you can argue over what is a "reasonable" cause. However, the categorical dismissal of anyone who sticks to a cause longer than you would as "suckers" is just inane.

      You are also free to feel no pity for them, but I hope neither of you are ever faced with a similarly stingy dispensation of pity from those around you when you might need it.

    29. Re:at what point by Anonymous Coward · · Score: 1, Interesting

      Hey John,
      Your book is awesome. I just finished reading it this weekend. Excellent work. I recommend it to anyone wanting to do game programming using SDL for any platform. Too bad I didn't buy it a year ago.

      Any chance of No Starch Press funding you on a Second volume?

      Thanks for your work on the book, and please ignore the trolls in here.

    30. Re:at what point by Anonymous Coward · · Score: 1, Interesting

      > the majority of Linux users are not willing to
      > _pay_ for software
      >
      I'm sorry, but this is a bullshit myth that needs to be debunked. I'm an average guy, love Linux, without having too much money available to spend. And yet I have paid more for Linux-related stuff than I ever have in my life on, let's say, DOS/Windows related things. I purchased various CD-distributions with support and manuals on a regular basis, 9 Loki games, WP2000 Office, Slackware Polo-Shirt, a shelf of O'Reilly books etc.. Other Linux users I know certainly pay as well for their stuff. Why do I pay? Cause I believe in supporting it and because in neither open-source nor propriatory form will I ever be able to write "Heavy Gear II", for example. So I pay(ed) them to do it.
      Willingness to pay by customers was not Loki's demise. It was mistakes made by them, such as porting 3D games ("abyssmal sales of Quake 3" --Todd Hollenstaedt) when setting up 3-D Direct Rendering in Xfree86 (3.x) was a pain in the ass to set up and was not happening for most people until Xfree 4.x came out (and even then just for a few cards). Automatic 3-D setup in most distro's didn't come until the end of following spring (after Quake languished in stores not even til X-mas). They should have done 2-D games exclusively until the 3-D situation was cleared. Also, they should have never involved any "retail" channels other than themselves. Linux games even to this days are hidden in stores, for lack of a better word. Neither do most employee's have any clue about it (perhaps why the merchandise get's hidden). This is where the distributions should step in and provide store-employee's with material on Linux, so that they have something to tell customers without needing to be a geek.
      They're perfectly willing to learn from what I know. Make a little package of information and send it to every store. Immediately Linux would be presented far more obvious, incl. games.
      I hope, that Linux-users will learn from this Loki episode though and appreciate products like the games from Loki with their support for whoever provides it. My conditions are pretty straight-foward in that regard: Make good quality stuff and give back to the community. Then I'll support it. I'll probably get TuxRacer boxed edition for the kids for Easter...:-)

    31. Re:at what point by Paradise+Pete · · Score: 1
      The thing is, if you can afford to take a $350,000 loss, you probably aren't working there for the money so much as for the fun of it

      Chances are this guy couldn't possibly have made anywhere near that in a real job getting paid real money. More likely in order to keep him on when the money was gone they agree to "pay" him some huge amount. It's much easier to do when all it is is a promise to pay when the money comes rolling in.

      Things get very very strange when desperation sets in. If all it takes is some magic words ("We'll pay you X!") to keep things going, you can bet those words will be said.

    32. Re:at what point by Anonymous Coward · · Score: 0

      It wasn't all that long ago (well, 10 years) that Windows was a free pack-in when you bought a mouse or MS Excel. If anyone gets that the OS is a commodity, it's Microsoft (compare and contrast with the marketing of OS/2) -- they just want to make sure that they've cornered the market.

    33. Re:at what point by Chris+Burke · · Score: 2

      As half of the other 2 people who bought their games, I felt I should respond.

      This is the company that though they could sell tens of thousands "Collector's Edition" Quake 3 tin boxes to a market that didn't even have 3D support shipping in the mainstream distributions! How many people are going to put this shiny box up on their shelf and then proceed to pull Mesa from CVS and compile it. It's fucking ludicrous.

      You're absolutely right. But that only supports the notion that it isn't cheap-ass linux users that were at fault, but bad decisions by Loki. I mean, there comes a point where you have to treat even the most supportive linux user as a rational consumer. From the difficulty of getting 3d to work to being able to buy the windows versions between weeks and years ahead of the linux port, how can it be said that not buying their games was because linux users 'don't pay for software'?

      What does that say about the linux games market? I don't know. There aren't any hard numbers that I trust. For example, id's numbers are suspect because its possible many linux users bought the windows version and downloaded binaries. But I think that we can probably agree on one thing -- the true linux game market capacity won't be seen until new games are produced, at the exact same time as windows games. I'd love for Neverwinter Nights to be that demonstration, but I guess we'll have to wait and see.

      --

      The enemies of Democracy are
    34. Re:at what point by clone304 · · Score: 1


      I don't care about it myself, but I see people saying that same thing all the time and invariably they get modded up rather than down. It's like they've figured out how to shame the moderators into modding them up when by all rights the moderators should have just yawned and moved on. I'm annoyed only because I see meta-redundant posts get 5, Insightful and wonder whether I should set my filter to -1 to see if I'm missing the good stuff or just quit reading /. alltogether because there are only a couple of intelligent people posting.

      BTW, the rant I directed at you was really far more generally meant. I actually agreed with you to an extent. I just reacted to the flamebait thing cuz it's been annoying me for a while now. Not your fault. My bad.

      .

    35. Re:at what point by reflective+recursion · · Score: 1

      It is far from bullshit, and you are a minority.

      The reason people do not pay for Linux software is two-fold. The first reason is people typically come to Linux because it is no-cost. The second reason is for freedom of software (www.gnu.org).

      Loki sells _proprietary_ software. That eliminates those who truly believe in freedom of software (i.e. anyone who even considers using GPL or believing in the cause of GNU). The other group will most likely pirate the game (or purchase the cheaper Windows version) and download the binary for Linux.

      If a company sells free software (GPL'd) then there is no _incentive_ to purchase that software.

      It really is a Catch-22 situation. If you claim that Red Hat and others are providing a valuable service, then you are ignoring the reality of their business and are merely purchasing their product to give _Linux_ support. Unless, of course, you have a _very_ twisted notion of what a "valuable service" consists of. I have yet to see anything of the sort from any Linux-related business. Cheapbytes.com provides a valuable service. Amazon.com and Google.com provide a valuable service.

      Why are so many Slashdotters willing to pay charity to Open Source/Linux-related businesses? Capitalism works by purchasing the superior product--not by throwing money at the weak. Why do you insist on paying Linux businesses' welfare check? Remember when Loki first experienced trouble? "Let's all go out and buy a Loki game!" This is welfare, plain and simple.

      I'd like to end this rant with what I consider the value I find in Linux: free source code and the freedom to use it how I wish. Anyone else smell the irony that free software/Linux businesses such as Red Hat, Loki, Ximian are resorting to proprietary software to make a buck in the land of free software?

      --
      Dijkstra Considered Dead
    36. Re:at what point by Cyno · · Score: 1

      I must be living in a fantasy world. A software company that makes popular games yet it can't sustain itself. Microsoft, the monopoly that can't be broken up. Bush, the president who didn't get elected. And this whole War on Terror to score a few extra gallons of oil.

      I bought and paid for every Loki game. I thought they would have been around forever. Their games were easy to install, web updating, and without all that copy protection bs you find on M$. And very often they cost much less than the new copy on the store shelves. Loki sold most their titles for around $30-$50. If you only bought when they had specials you would have paid around $30 per game. Now why is my favorite game company going out of business? Probably bad management, but I prefer to blame the public. Yes, I blame you. If you love linux, or use linux and didn't fork over any cash for loki games or worse yet, pirated them, then its all your fault. And now I won't get my Deus-Ex for Linux. Bastard. I knew this was going to happen.

    37. Re:at what point by Anonymous Coward · · Score: 0

      Well said -- the Lunix Users Don't Pay For Software is a bunch of bullshit. Just that a 50% piracy rate seems much worse when you are only selling 2000 copies as opposed to 200,000. And the developers are working for free as True Believers.

      (Personally, I don't think the 6 month delay is a factor. Popular games that would get ported have shelflives of a year or more. Linux's main problem is that it's desktop userbase is a bunch of poser dualbooters that have no real incentive to run Linux or demand or wait for Linux products. Every Mac user I sits out the 6 months rather than switching platforms.)

    38. Re:at what point by corps_inc · · Score: 0

      First reason is freedom and second reason is "IT WORKS WITHOUT CRASHING ALL THE TIME"

      Your :superiority" is what, a system that crashes all the time, as Windoze. Have been using for years but never liked much
      Or do you mean something stupid like mac, got two, but don't like them either.

      And yes, some of products that I buy, I really don't need. I respect cause and support them. But other ones I really need, and I buy them too.

      To respect the fact Win and Mac piracy is spreaded about 75%. Linux, well I think we'll agree that we both said people buy "to support (or charity, as you said)". Well that makes him go bellow zero.
      I don't really know, but which model is a good piracy and which one is a good selling model???
      Probably you should explain to me. (Urgently need morons opinion) But I'm not interested in size of any market, I know that's the first thing that comes on your mind. (It's large enough that I live very well, not concerning about money, linux market is just big enough for all (but depends on bussines model company choose, (To make 20 old games, they'd make more money if they'd sell tetris))

      "If a company sells free software (GPL'd) then there is no _incentive_ to purchase that software" Damn you're fucked up, I don't really buy software, what I'm interested in is a professional support, not a package.

      And no I haven't bought any game from Loki, it was lost case from the first moment.
      Developing old games, where system is for nerds as me mainly, just isn't bussines that could succed.

      On the other hand Transgaming is something different, they are starting a model which has a lot of games already. Yes, they get my support. And no I don't play, You know, I'm supporting them from the first day, but in reallity I haven't even bother to download the package they provide. However they are one of the major contributions to Wine tree, and this is the part I respeect the most. So they get my vote.

      As your wellfare check. I'm insisting only "not to pay it to M$ or Apple". If it would be worthy, I would. But nature of my bussines is more and more Linux connected (99.9%), and I really don't see reason why I would support M$ or Apple. They can die as far as I concern.

      "resorting to proprietary software to make a buck in the land of free software?" Yes that's true, but why would that be bad. If you give something away, you really don't need to give away all. Isn't it enough what they give. It would be stupid and suicidal step. You give something you get something.

      And now my question? Isn't every day more and more of Win and Apple users on slashdot. Mainly in Linux news. What are you afraid of???

      And now my favorite> Go sell magazines, leave computers, they are out of your brain reach

    39. Re:at what point by reflective+recursion · · Score: 1
      I would suggest learning the English language, but I will give you the benefit of doubt and assume English is not your native language.

      I can't make out what you are talking about with respect to piracy, so I will leave that part alone.
      I don't really buy software, what I'm interested in is a professional support, not a package.
      And you have something against purchasing Microsoft products and obtaining their support? Or Apple products? From what I understand, Microsoft is really on the ball with newer versions of Windows.
      On the other hand Transgaming is something different, they are starting a model which has a lot of games already. Yes, they get my support. And no I don't play, You know, I'm supporting them from the first day, but in reallity I haven't even bother to download the package they provide. However they are one of the major contributions to Wine tree, and this is the part I respeect the most. So they get my vote.
      Are you aware of what you are saying? You are admitting that what Transgaming provides is of no value to you, yet you support them. This is what I mean by "paying businesses' welfare." Do you understand the implications of this belief, if used in mass? Do you realize that if every citizen in the developed world spent money by this same principle, that there would be nothing of value in the world? I would suggest reading Atlas Shrugged for a good change of perspective.
      Yes that's true, but why would that be bad. If you give something away, you really don't need to give away all. Isn't it enough what they give. It would be stupid and suicidal step. You give something you get something.
      For one thing, it is very hypocritical to play the role of "free software supporter" and then turn your back on the very philosophy that defines "free software." These companies are also giving away software which was not created and freed by them, but merely using other's work for their goals. Just one step away from fraudulent behavior, I say.
      And now my question? Isn't every day more and more of Win and Apple users on slashdot. Mainly in Linux news. What are you afraid of???
      I have been using Linux everyday since 1995. I think you misunderstand what I am saying and are "thinking with your emotions."
      And now my favorite> Go sell magazines, leave computers, they are out of your brain reach
      If only I could understand this, I would make a comeback. Alas, I am the fool.
      --
      Dijkstra Considered Dead
    40. Re:at what point by petros · · Score: 2, Interesting
      Well, I tried to fork over some cash for a Loki game, but I failed. I tried to order Sim City online, sometime around November if I recall correctly. Now, I'm not a big fan of games and haven't bought one in several years (no, I don't pirate them either), but I like Sim City so I thought I'd buy it.

      Apparently, it was out of stock. They didn't feel it was important to notify me of this fact, I only found out when I explicitly checked the status of my order a few days later. There was no indication of when and if it might become available again. However, they did place a preauhorization on my credit card right away. A couple of months later, I received an email from them apologizing and promising that it would be available soon, but if I wanted to cancel my order they'd understand. I didn't cancel my order. I haven't heard anything from them since.

      I don't know how typical this experience is, but I do know that they didn't get my money although I tried.

    41. Re:at what point by Cyno · · Score: 1


      Yeah, I'm a moron. Its all my fault. I'm sorry I voted for bush and wrote all that crappy linux and BSD code. And the war. Well, you're right, afghanistan started that. It was all a huge setup by the Taliban I'm sure. But why didn't they use some of the billions bush gave them for the war on drugs? They could have bought their own 747's and flown them straight up our asses for all Bush cared. Bin Laden, Al Queda, the Taliban, muslim, islam, it's all the same thing to you, isn't it? As long as you have your job and your home and $1/gallon gas you're happy, you don't care.
      Guess what? I've got that same high paying job, home, cheap gas. But I do care. I care about people I'll never meet. I'm affraid my cheap gas and SUV is going to cost many of them their lives and more importantly their quality of life. If you lived in poverty for a hundred years maybe you'd understand what I'm talking about.
      Pop Quiz. How much did the price of oil drop after we started bombing afghanistan? And more importantly why.

  5. 60 days by wiredog · · Score: 4, Informative

    I think. Or maybe 30. Still. The company used his credit card? I think he might want to consider criminal theft charges against the principles. Or would it have been considered a loan?

    1. Re:60 days by TClevenger · · Score: 2, Informative

      Actually, Visa allows up to 12 months, but most issuers put 60 days in the contract to reduce their workload. But if it's enough money (and not reimbursed by a company like this) the employees may be able to file a claim directly through Visa.

    2. Re:60 days by al_d · · Score: 4, Insightful

      "The company used _his_ credit card?"

      Not really that unusual for an employee to spend their own money and then claim it back 'on expenses' (e.g. business trips).

      Sucks to have the compeny not pay you back though

    3. Re:60 days by MaxVlast · · Score: 2

      You can only file disputes if the charges are not legitimate. If I lose my card and it is used, that can be disputed. If I legitimately use my card for things and can't pay it back (for whatever reason), you're SOL. Otherwise, think about the consequences for the credit card companies!

      --
      There should be a moratorium on the use of the apostrophe.
      Max V.
      NeXTMail/MIME Mail welcome
    4. Re:60 days by Jburkholder · · Score: 2, Interesting

      Our company issues "Corporate" Amex cards to use for business expenses. Guess who American Express calls if the bill isn't paid?

      The only thing these cards are good for is the company can issue electronic payments straight to Amex instead of reimburing the employee who then writes a check. This usually works out okay but last year the AP dept was majorly screwed up and 'lost' several of my expense reimbursement forms.

      Amex was sending me collection notices and was telling me *I* was responsible for keeping the account paid on time. My credit report took a hit because of these late payments until I went and got them removed.

      I had always thought a company card belonged to the *company* and that they would bear liability for payment (of course, unless the employee used it for personal charges). Apparently it doesn't work that way (at least at my company, anyone else have it work different?)

    5. Re:60 days by realdpk · · Score: 2

      You'd be surprised. The CC companies tend to side with the consumer in this sort of situation. The CC companies don't lose out, anyways - it's the merchants that take it in the ass.

    6. Re:60 days by Anonymous Coward · · Score: 2, Insightful

      That's just a word to the wise. NEVER charge ANYTHING on a card with your name on it unless you're expecting to be liable for it. Get a purchase order up front if and whenever possible.

    7. Re:60 days by LinuxInDallas · · Score: 1

      When I worked at Raytheon it was exactly the same. i'm not sure what these cards are good for, other than easily being able to identify expenses that go to the comany since they are on a separate bill. If you travel for your company you always have to use your card, since it is required to stay at hotels and to rent cars. Oh well.

    8. Re:60 days by Anonymous Coward · · Score: 0

      Its called expensing. That is why it is owed him for expenses.

    9. Re:60 days by nhw · · Score: 1

      Our company issues "Corporate" Amex cards to use for business expenses. Guess who American Express calls if the bill isn't paid?

      Well, the answer to that question is 'it depends what kind of Corporate card you have'. Certainly, in the UK, American Express issue three different types of card, where the risk burden falls in different places.

      I have a Corporate Card where (as I remember it) I am responsible paying for the charges incurred, but my employer and myself are jointly and severally liable for the balance. So if I don't pay, American Express can chase my employer. On the other hand, AmEx did carry out a credit check on me before issuing the card.

      I believe there are two other options, with increasing levels of centralised billing and responsibility. I can't exactly remember the details, but I believe that one of these involved sole company liability.

      For what it's worth.

      --
      -- O improbe amor, quid non mortalia pectora cogis!
    10. Re:60 days by ReidMaynard · · Score: 1

      This is why I have one credit card, which is maxed out...if company tried to get me to use it...oops, over limit...*denied*

      "Gee, I guess you need to find someone else to go."

      --
      -- www.globaltics.net

      Political discussion for a new world

    11. Re:60 days by slam+smith · · Score: 1

      If you look at it from the employer's point of view, you wouldn't want to issue a card that the employer is responsible for to just any employee. I could see where some people would be trying a lot to pull a fast one. "What do you mean I can't put the kids braces on the company card??".

      Especially imagine what could happen around layoff time. You can imagine what sort of abuses would happen at a time like that.

    12. Re:60 days by Anonymous Coward · · Score: 0

      Uh, no, the reason your credit card is maxed out is because you haven't learned financial responsibility.

      Been there

    13. Re:60 days by screwtheNSA · · Score: 0

      Almost all of the "corporate" cards AMEX, VISA and the like have to go after the name on the card's face, NOT the person that signed the receipt. If you are the holder of that card, then it is your responsibility to make certain the payments are made, not the signer(if different).

      I have had corporate cards where I am both the business AND the signer, which, of course, means that I am solely responsible for the bill/s.
      If I "owned" the card, but my employee signed for merchandise, it would be no different as the owner of the card is solely responsible, not the employee that signed the statement.

      IANAL, but the card companies CAN'T go after the signer, only the owner of the card that is embossed on the plastic; they are the only ones legally responsible for all debts incurred on said card/s.

      *Work like an elephant all your life, and all you have to show for your efforts is peanut husks*!

      --
      206.39.38.2, DDN-BLK-36, DOD NET INFO CENTER. 800.365.3642 206.36.0.0-206.39.255.255 NET RANGE.
  6. Whoa, doesn't the US protect its citizens ? by jpbelang · · Score: 4, Interesting

    Where I come from (Quebec), corporations can't claim bankrupcy protection for salaries: you can sue (personally) the board of directors of a company if you aren't paid your salary.

    Don't these people have recourse ?

    --
    JP http://www.wearerite.com
    1. Re:Whoa, doesn't the US protect its citizens ? by turbine216 · · Score: 5, Insightful

      only problem is that Loki's board of directors is as broke as its employees. A lawsuit would have very little effect, if any.

      This never should have happened at all. Loki and its employees were obviously working under some promise of eventual financial gain, or they would not have been there. Which means that someone at the top was either "blinded by the open source light" or was lying through his teeth. It's shit like this that makes working for Microsoft seem like a good alternative.

    2. Re:Whoa, doesn't the US protect its citizens ? by dirty · · Score: 4, Insightful

      This is funny???

      You make a really good point though. I can't figure out how it's legal in the US that management can walk away from a dead company with millions of dollars in their pockets, while the employees walk away thousands in the hole. Maybe the US should look to Canada and follow its lead (in just one of many places).

      From what I understand the employees almost always get screwed in these situations because the way the creditors are paid off is the ones who are owed the most get their money first and then it works its way down. IMHO it should be exactly the other way around, FedEX can afford to lose $100,000, Joe Programmer probably can't afford to lose $20,000.

      --

      -matt
    3. Re:Whoa, doesn't the US protect its citizens ? by Oswald · · Score: 1
      Um, no.

      Does knowing that make you wonder what they were thinking when they kept working without a paycheck?

    4. Re:Whoa, doesn't the US protect its citizens ? by MrFredBloggs · · Score: 3, Interesting

      "working for Microsoft seem like a good alternative"

      I`ve heard nothing to suggest that working for Microsoft is anything other than good. Have there been some horror stories i`ve missed out on (whiny stock-racism complaints on behalf of temporary workers doesnt count)?

    5. Re:Whoa, doesn't the US protect its citizens ? by javatips · · Score: 3, Insightful

      I aslo came from Quebec. I was working for Sanga just before they stop paying their employee. I've not stayed long being upaid. However they still owe me 6K CAN.

      At first we went to the "Office des Normes du Travail" and filled a complain, along the other Montreal employee. They was some legal proceeding going on. Up to the point were the Sanga employee in Ontario decided to file a class action suit. The "Office des normes du travail" decided to give control to the lawfirm that was suing for the ON employee.

      I received many legal document telling me that thing were going well. Up to the point were the company filled for bankrupcy. At that point, the lawfirm (can't remember which one) decided it was not worth the trouble and drop the charges.

      So did the Quebec laws protected me... Not at all, it just gave me the illusion of being protected for some time. Sure I can decide to sue, but it will cost me a lot more that what they owe me.

      The point is that the law may be protecting you, but if the system fail to help you being protected, there is not point in having these laws.

    6. Re:Whoa, doesn't the US protect its citizens ? by Anonymous Coward · · Score: 0

      >I`ve heard nothing to suggest that working for Microsoft is anything other than good

      Google for "permatemp lawsuit microsoft". That should explain it for ya better than I can.

      And that's just half of it... also seach for "noncompete agreement microsoft".

    7. Re:Whoa, doesn't the US protect its citizens ? by eXtro · · Score: 3, Interesting

      This should be a criminal action. If I steal from my employer they can file charges against me. If I steal enough, say a nice color copier or something, I could actually be charged with grand theft. The converse should also be true, if a company knowingly defrauds or financially harms its employees then the company should be criminally liable. It won't reset things for the employees, but at least nobody would have to be concerned with the particular executives mismanaging a company for 20-30 years.

    8. Re:Whoa, doesn't the US protect its citizens ? by turbine216 · · Score: 4, Funny

      I think you missed the point. I'm not saying that working for Microsoft would be bad at all - except for the fact that your morals have to be slightly skewed to be comfortable with such employment.

      And if you want a horror story, I got one word for ya: Ballmer.

    9. Re:Whoa, doesn't the US protect its citizens ? by Ravensfire · · Score: 4, Informative

      Well, not quite as simple as that.

      Basically (and highly simplified), creditors are placed in various groups (no, amount owed isn't a criteria - other factors are). These groups are then paid off in a set priority. If you are a creditor with an unsecured debt, you're not getting much. Within the group, the money is usually distributed in a level manner - x percent per dollar owed.

      Usually, everyone in bankruptcy gets screwed, especially chapter 9.

      What the courts CAN do is examine past transactions from the company, and compel the reversal of those transactions.

      --
      "But we decide which is right, and which is an illusion"
    10. Re:Whoa, doesn't the US protect its citizens ? by Anonymous Coward · · Score: 0

      I`ve heard nothing to suggest that working for Microsoft is anything other than good.

      What about the part where you're a pariah and the people you once knew, now look at you with a mixture of stunned amazement and disgust? Telling someone that you work for MS is like telling them that you've joined Amway and Scientology.

      Face it: It is a criminal organization, and its goals (at least as they appear to the outside) seem to be to hold back the tide of progress for as long as possible. Yeah, it pays well. So does the occupation of Heroin Dealer.

    11. Re:Whoa, doesn't the US protect its citizens ? by dirty · · Score: 2, Insightful

      The sad thing is that even when management faces jail time, it's usually pretty short. Would you be willing to spend six months in a minimum security prison to walk away with millions of dollars?

      --

      -matt
    12. Re:Whoa, doesn't the US protect its citizens ? by John_Booty · · Score: 2

      I can't figure out how it's legal in the US that management can walk away from a dead company with millions of dollars in their pockets, while the employees walk away thousands in the hole

      I agree that it shouldn't be legal for the executives to plunder a company. However, it's pretty simple to avoid being owed huge sums of money by your employer... DON'T WORK IF THEY'RE NOT PAYING YOU. It's simple, really.

      While I'm usually pretty socialist in my views, this is a case where I don't think we need a specific law - just a little common sense.

      --

      OtakuBooty.com: Smart, funny, sexy nerds.
    13. Re:Whoa, doesn't the US protect its citizens ? by dirty · · Score: 1

      Would unsecured debt be things like salaries? If so I think the US has this really backwards. The way I see it is the employees really should get the most, they are the ones who can afford it the least. Think of the debt you'd incur living off of savings/credit for a year while your company didn't pay you, that's going to take you a long time to work off. It just seems that corporate creditors could absorb the loss with a lot less trouble.

      Then again the only real experience I have with this stuff is ECON 201, so I could be way off base in my theories.

      --

      -matt
    14. Re:Whoa, doesn't the US protect its citizens ? by Anonymous Coward · · Score: 0

      only problem is that Loki's board of directors is as broke as its employees. A lawsuit would have very little effect, if any.

      This never should have happened at all. Loki and its employees were obviously working under some promise of eventual financial gain, or they would not have been there. Which means that someone at the top was either "blinded by the open source light" or was lying through his teeth.


      This sounds a lot like the Enron situation. Why doesn't Congress investigate Loki like they did Enron?

    15. Re:Whoa, doesn't the US protect its citizens ? by slow_flight · · Score: 2, Informative

      No, the US gov't only protects its CORPORATE citizens. The rest of us are viewed as a necessary evil or tax slaves.

      --

      Karma: Professionally Doomed (mostly affected by inability to keep opinions to self)
    16. Re:Whoa, doesn't the US protect its citizens ? by bman08 · · Score: 1

      They probably loved their jobs. Add to that management telling you the money's going to drop any day and that once you start in those kind of situations it's real hard to stop. You don't want to be the guy who does all the work and then quits before it pays off.

      I've worked for a few small film companies that went out of business, and there's always been a definite sense that the money is only days away.

    17. Re:Whoa, doesn't the US protect its citizens ? by siphoncolder · · Score: 1
      I think you missed the point. I'm not saying that working for Microsoft would be bad at all - except for the fact that your morals have to be slightly skewed to be comfortable with such employment.
      I guess your sense of reality had to be slightly skewed if you were working at Loki. Unpaid for a year, in the name of a greater cause?

      Speaking of morals: how about Mr. Draeker himself? Any personal attacks you'd dare levy against him & his associates?
      --
      i'm amazed that i survived - an airbag saved my life.
    18. Re:Whoa, doesn't the US protect its citizens ? by Anonymous Coward · · Score: 0

      I've heard that working there is downright awesome, especially if you are at MSR: freedom, responsibility, unlimited resources, everyone is super-smart...sounds kinda good.

    19. Re:Whoa, doesn't the US protect its citizens ? by Anonymous Coward · · Score: 0

      secured debt = lien on a property (land or equipment) (eg a mortgage).

      There is a tangible and sellable object backing up the debt, and the record of the secured debt is on file for anyone to examine in the town records.

      So back wages are an unsecured debt

    20. Re:Whoa, doesn't the US protect its citizens ? by fred911 · · Score: 1

      Payroll is paid 1st, then secured debtors next, the unsecured get the crumbs.

      --
      09 F9 11 02 9D 74 E3 5B - D8 41 56 C5 63 56 88 C0 45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    21. Re:Whoa, doesn't the US protect its citizens ? by Skyshadow · · Score: 1
      This sounds a lot like the Enron situation. Why doesn't Congress investigate Loki like they did Enron?

      In a word: Scale.

      --
      Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    22. Re:Whoa, doesn't the US protect its citizens ? by Oswald · · Score: 1

      Well, I hope you never took loans as an advance on your paycheck. It occurs to me now that if any of these employees had any money left, the other creditors might demand they repay their loans in full, then receive their fraction-of-a-penny-on-the-dollar payments like everyone else.

    23. Re:Whoa, doesn't the US protect its citizens ? by IronChef · · Score: 2


      Salary is unsecured debt. I know, I have been there, got taken for about $2k of salary in a bankruptcy.

      I think it is backwards too.

      The fat bastard somehow managed to hang on to the company name, he is probably defrauding someone else right now...

    24. Re:Whoa, doesn't the US protect its citizens ? by jedidiah · · Score: 2

      Highlander was perhaps slightly too clueless for the position he carved out for himself. Other than that, I doubt if Scott rates very high on the Gates immorality scale. He probably believed whatever hype he generated.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    25. Re:Whoa, doesn't the US protect its citizens ? by binaryDigit · · Score: 1

      In a word: Scale

      Right, but the problem is that the all the Loki's of the world eventually add up to more than a single Enron. I personally have been in a company where the CEO cooked the books, the "innocent" upper management were rewarded for "salvaging the company" (i.e. sold it for next to nothing to someone else), and the employees got the super bonus of "at least having a job". My wife's situation was even worse, her company actually did a Loki (couldn't pay it's employees, etc). Now add us all up, and that's quite a few people getting screwed, but yet no one is looking into that. Where's Dianne Feinstein when you need her?

    26. Re:Whoa, doesn't the US protect its citizens ? by Jah-Wren+Ryel · · Score: 2

      No, salary is paid second. The IRS is ALWAYS first in line in a bankruptcy. The Man makes the laws, the Man gets what he wants.

      --
      When information is power, privacy is freedom.
    27. Re:Whoa, doesn't the US protect its citizens ? by jedidiah · · Score: 3, Insightful

      Actually, corporations exists specifically to allow this sort of thing.

      Corporations exist to grant a collection of individuals all the rights of a normal person and none of the responsibilities.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    28. Re:Whoa, doesn't the US protect its citizens ? by fred911 · · Score: 1

      wow.. tip the hat your way. My bad. IRS is ALLWAYS first and paid in full.

      --
      09 F9 11 02 9D 74 E3 5B - D8 41 56 C5 63 56 88 C0 45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    29. Re:Whoa, doesn't the US protect its citizens ? by krlynch · · Score: 2

      The converse should also be true, if a company knowingly defrauds or financially harms its employees then the company should be criminally liable.

      It already IS true; if a company does these things, it already is criminally responsible and can be nailed for it. What happened here does not appear to be fraudulent actions by the company: people CHOSE to stay when they weren't getting paid. If you are implying that an employee shouldn't be allowed to work for free (which is what you are doing when you agree to defer paychecks), then I think you are wrong. I wouldn't do it, but I shouldn't be told that I can't do it if I want to.

    30. Re:Whoa, doesn't the US protect its citizens ? by siphoncolder · · Score: 1

      Just to nitpick...

      Gates: takes money, pockets plenty but remains one of the world's biggest philantropists (if not THE biggest philantropist), donating to various worthwhile charities, programs and funds in the fields of science, medicine, education, politics, the environment, [etc] that actually help the less fortunate & ill the world over.

      Draeker: takes money, pockets plenty, screws over everyone else. BUT he made games available for linux.

      I guess that doesn't filter into the Gates immorality scale, does it?

      --
      i'm amazed that i survived - an airbag saved my life.
    31. Re:Whoa, doesn't the US protect its citizens ? by madsdyd · · Score: 1

      Denmark is a bit like Canada plus any company employing people are required to pay a (small) premium to a common fond. This fond then, in turn, handles payments to employes from bankrupt companies, iff there are no money left to pay the employes. Employee payment have top priority.

    32. Re:Whoa, doesn't the US protect its citizens ? by Anonymous Coward · · Score: 0

      Bullshit.

      In a word, payola.

    33. Re:Whoa, doesn't the US protect its citizens ? by turbine216 · · Score: 2

      did you even read my original post? I'm not really sure which side of what argument you're sitting on. I thought i made it quite clear that Loki's management is a group of evil bastards deserving of nothing less than public castration.

      Lay off the ephedrine, boy.

    34. Re:Whoa, doesn't the US protect its citizens ? by abolith · · Score: 1

      not really. I remeber one company I worked for failed to deliver on the payroll, I stopped working that very second, and told my boss I'm outta here until you can pay me.

      I got my paycheck in full as a cashiers check within three hours. No one else did what I did and they didn't ever get paid. I spen the rest of the day looking and working my network to get a new job. I left that place far behind, and it eventually went under.
      Moral of the story: don't work for free damnit, if they owe you stop work until you are paid, it is your right as an employee.
      its just that simple. I am aloways shocked that anyone would continue to work and not be paid.

      --
      if you want "No More Hiroshimas" then I say "You First. No More Pearl Harbors."
    35. Re:Whoa, doesn't the US protect its citizens ? by Anonymous Coward · · Score: 0

      Look stop dissing us heroin dealers. It's a tough job dealing with those loser addicts but someone's gotta do it...

    36. Re:Whoa, doesn't the US protect its citizens ? by Danse · · Score: 1, Troll

      but remains one of the world's biggest philantropists (if not THE biggest philantropist)


      Jeez. Why do people always throw this up to defend Gates? It doesn't really matter that he gives some of his money away. It does nothing to excuse his company's actions. Hell, if he hadn't been ripping people off for so long, perhaps others would have had that money to donate. You may also want to take note that he started donating like this when his anti-trust problems really got going. He's also known for "donating" a lot to lobbyists and the 2 major political parties. Play both sides and you're guaranteed to win!

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    37. Re:Whoa, doesn't the US protect its citizens ? by rlcarr · · Score: 1
      Where's Dianne Feinstein when you need her?

      Trying to ban people from finding "bomb-making recipes" on the internet...

    38. Re:Whoa, doesn't the US protect its citizens ? by parliboy · · Score: 2

      Yes, but implicit in this is the idea that Loki was going to pay its employees. A representation. Question: can it be established that the board/founder knew that payment wasn't coming, yet kept asking people to defer pay on the expectation of receiving it later? If so, that's fraudulent.

      --
      "You're never ready, just less unprepared."
    39. Re:Whoa, doesn't the US protect its citizens ? by JPriest · · Score: 1

      Troll! Get him!

      --
      Saying Java is nice because it works on all OS's is like saying that anal sex is nice because it works on all genders.
    40. Re:Whoa, doesn't the US protect its citizens ? by Anonymous Coward · · Score: 0
      Which means that someone at the top was either "blinded by the open source light" or was lying through his teeth. It's shit like this that makes working for Microsoft seem like a good alternative.

      Yeah, great idea. Sell proprietary software for GNU/Linux to free-software freaks...

    41. Re:Whoa, doesn't the US protect its citizens ? by NDPTAL85 · · Score: 1

      Actually that won't happen. You see the number of people who hate Microsoft to the point where they consider all MS employees to be morally bankrupt is very small. It mainly consists of free software geeks who are already by definition in the minority compared to everyone else. Most folks if you tell them you work for Microsoft will congratulate you for getting what is most likeley a high paying job for a really successful company.

      At the end of the day every big company has some questionable things in its past. Ford, DeBeers, McDonalds, Disney....etc. Thats not enough for me to consider all the people working for them as lowlifes.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    42. Re:Whoa, doesn't the US protect its citizens ? by Anonymous Coward · · Score: 0

      It mainly consists of free software geeks who are already by definition in the minority compared to everyone else.

      Bzzt. It consists mainly of people who have used Microsoft's products.

    43. Re:Whoa, doesn't the US protect its citizens ? by evil_one · · Score: 2

      You obviously haven't heard of the Microsoft permatemp lawsuit. http://seattle.bizjournals.com/seattle/stories/200 0/12/11/daily7.html

      --
      Desperation is a stinky cologne
    44. Re:Whoa, doesn't the US protect its citizens ? by effad · · Score: 1

      I guess this would be too much interference by the state for the U.S., but in Austria there is a public fund from which any salary claims are paid in case your company files bankruptcy.
      AFAIK every company in Austria has to pay into that fund. Kind of a nation-wide bankruptcy insurance system.

      --
      DI Robert Lichtenberger effad@gmx.at
    45. Re:Whoa, doesn't the US protect its citizens ? by ethereal · · Score: 1

      Well, if they still made me give back the money, then I'd be a lot less willing...

      --

      Your right to not believe: Americans United for Separation of Church and

    46. Re:Whoa, doesn't the US protect its citizens ? by deeny · · Score: 2

      The "employees" were 1099, meaning they were independent contractors and therefore not "real" employees and therefore not protected. This is a shitty way to run a business and one I was burned by a few years ago.

  7. sucks to be loki by Anonymous Coward · · Score: 0

    Dang, and i thought dot bombs were bad. At least they died in early 2001, and not now.

  8. I've said it before, and I'll say it again by DNS-and-BIND · · Score: 4, Interesting
    I work for one reason, money. The second I don't get a paycheck, I'm out the door. I'm especially not giving a company that can't pay me, more of my money!

    Don't think that this is a mercurial or bad way to think. What would your employer have to say if you reneged on your half of the employment agreement, and then you had the nerve to demand six months of living expenses?

    --
    Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    1. Re:I've said it before, and I'll say it again by FalconRed · · Score: 2, Interesting

      Yeah, I'm having a hard time feeling bad for these Loki employees. In fact, I think they're pretty stupid.

      It's one thing for your company to bounce a paycheck or two here or there and pay up the next week or month. If you're committed to the company, you stay. But to not have been payed for a year? How many weeks in a row does it take for you to realize you're never going to be paid? At some point the blame for this situation falls on the employees, who didn't have the guts to stand up and tell Loki to shove it.

    2. Re:I've said it before, and I'll say it again by szcx · · Score: 5, Funny

      It's not about the money, man. They were working for the power and the glory of Linux. If Microsoft didn't control the low-rent housing industry, they could have paid their rent with peer respect and bought their groceries with good will.

    3. Re:I've said it before, and I'll say it again by Proaxiom · · Score: 2
      "The second I don't get a paycheck, I'm out the door."

      Yes, when your pay falls into arrears you have every right to walk out until they catch up.

      However, in some circumstances it may make sense to stay. If you really believe that the company will catch up in the near future, then it can be reasonable to keep working for them to help them get into the black.

      It would be interesting for someone to do a study on how many companies fall into that kind of trouble and later recover to become successful. Can you figure out at what point the risk surpasses the expected reward, in a struggling company? (Assuming to begin with that the company's business plan is viable)

      But any way you slice it, six months is ridiculous. As many have been asking here, how did these people live?

      "I work for one reason, money."

      I work for money, too. But I certainly don't work for "one reason." Job satisfaction and a desire to improve myself rank up there as well.

    4. Re:I've said it before, and I'll say it again by Anonymous Coward · · Score: 0

      I started working for a startup 3 years ago, after one year, I went without a paycheck knowing that I had enough saved up to work for awhile without pay. I'm not sure how long I would have gone without pay, fortunately after 2 months or so, things turned around, and I was payed back eventually. Now two years later, I know a hell of a lot more, and I still love my job, working for the same company.

      Unfortunately my talk is big, since money isn't ever a problem untill you have too much of it, or not enough. I have enough to get me by, and I love my job, in the end what else do you really need? There comes a point where you have to stop worrying about that horrid thing we all have to have called money, and get on living your life.

    5. Re:I've said it before, and I'll say it again by clone304 · · Score: 1


      They likely were all evicted and living huddled under their desks at Loki HQ surviving by picking crabs from each others dirty loins. Life can be lived really cheap when you don't have one.

    6. Re:I've said it before, and I'll say it again by Anonymous Coward · · Score: 0

      Actually, one of the programmers did pretty much that for his last two months.

    7. Re:I've said it before, and I'll say it again by BurningDog · · Score: 1

      OK dude now that made me just spit up my drink. Hopin you arent speaking from experience.

  9. A shame by Violet+Null · · Score: 5, Insightful

    During that period, however, the Draekers took almost $92,000 out of the company, according to court filings; in counter filings, Loki claimed that the funds went chiefly to pay employees, though it did note that Scott Draeker was paid $46,504 in salary during the period from January 15 to July 31, 2001, with Kayt Draeker receiving $18,643.52 during that time; the company paid medial insurance premiums for both during that period.

    And it's this sort of thing, boys and girls, that causes me to never trust management. The real shame is that you've got employees who are going without their pay, ostensibly because of loyalty to the company, and then getting shafted in the end.

    Moral of the story: When the company asks if they can stop paying you, don't agree to let them use your credit card.

    1. Re:A shame by JimPooley · · Score: 2

      I thought the moral of the story was that when the company asks if they can stop paying you, you tell them to fuck off!

      I really can't believe anyone put up with that shitty treatment from the Draekers, who look from this article like a pair of crooks!

      --

      "Information wants to be paid"
    2. Re:A shame by tongue · · Score: 4, Interesting

      Unless you're working for yourself, never EVER put company expenses of any kind on a personal credit card or check.

      My company about two years ago drafted a new policy for expenses where the employee fronts the bill and the company reimburses the employee (thanks to some salesmen who apparently thought a couple thousand dollars worth of golf bills each qualified as a business expense). Shortly thereafter they expected us to start paying for our own hotel rooms when out on service trips, at which point i politely informed our COO that his options were to issue us company credit cards for expenses or service the out of town clients himself. He tried to give us some idle threats about hiring employees who would be more complacent. Thanks to the solidarity of our development/engineering team, he was faced with the prospect of hiring an entire development team and expecting them to maintain the monumental pace at which we'd been going in a two week period, while we all went to work for a competitor who had given us all standing offers.

      Guess who is fronting expense money up front now?

    3. Re:A shame by Waffle+Iron · · Score: 4, Insightful
      With credit card interest rates, it's unwise to let any debt accumulate a revolving account..


      Building up your own debt at 18% APR is not a good decision.

      Letting a company do that on your account is extremely foolish.

      Letting a company that is a product of a market bubble do that is utterly insane.

    4. Re:A shame by Sethb · · Score: 2

      I only front as much money as I have access to hardware which will become mine until I'm paid back. For instance, I have a company-owned PC at home, if they decide to screw me out of some money, good luck getting that PC, Trinitron display, and laser printer back! I don't mind fronting up to $500, as I always get paid back within a week, but if they asked me to front $2000, I'd be storing a couple of new Dell laptops at home until I got my check. :)

      --
      When in danger or in doubt, run in circles, scream and shout. --Robert A. Heinlein
    5. Re:A shame by Anonymous Coward · · Score: 0

      >

      It seems odd that anyone smart enough to be a computer programmer would be dumb enough no to realize that beforehand.

    6. Re:A shame by Sabalon · · Score: 2

      and they know you have the equipment

      Ah....the key phrase :)

    7. Re:A shame by Picass0 · · Score: 2
      Scott Draeker was paid $46,504 in salary during the period from January 15 to July 31, 2001

      I don't know what Draeker made for the rest of the year, but 46 thousand is not a lot of money, especially for the CEO of a software house. His wife was paid 18 thousand, which is less than my wife makes at Wal-Mart as a cashier.

      Now, I think the whole business of these employees getting F'ed out of thier money blows, but after a year without pay I think there's a lot of blind loyalty going on.

      What I've read so far doesn't tell me Scott Draeker is evil, just a bad manager.

      I could have told you Loki was making dumb decisions just based on bringing games to the Linux market that were already a year old for Windows. I was never excited by a Loki release, and I think that might be the bottom line for it's failure.
    8. Re:A shame by Xerithane · · Score: 1

      I don't know what Draeker made for the rest of the year, but 46 thousand is not a lot of money, especially for the CEO of a software house. His wife was paid 18 thousand, which is less than my wife makes at Wal-Mart as a cashier.

      $46K for a two week period ends up at a salary of $1,196,000. Not many CEO's make that much.

      --
      Dacels Jewelers can't be trusted.
    9. Re:A shame by |Cozmo| · · Score: 1

      Thats 7.5 months, not 2 weeks. That is a lot of money if the other employees are getting nothing.

    10. Re:A shame by Xerithane · · Score: 1

      I suppose it helps when I read July as July instead of January. I wonder if that's a sign I should sleep more...

      A CEO should definitely (IMO) get paid last. Just like the captain goes down with the ship.. take care of the employees first.

      --
      Dacels Jewelers can't be trusted.
    11. Re:A shame by Paradise+Pete · · Score: 1

      If you can get them to agree to it, have them actually sell you the equipment, with an agreement that they have the right to buy it back at the same price within a certain amount of time.

      If they return the money to you then in practice it works out like it did before - the difference is when they can't pay. Now you own the equipment instead of just keeping it because you feel you deserve it (a feeling the bankruptcy courts are unlikely to share.)

    12. Re:A shame by ryanwright · · Score: 3, Insightful

      I don't know what Draeker made for the rest of the year, but 46 thousand is not a lot of money, especially for the CEO of a software house. His wife was paid 18 thousand, which is less than my wife makes at Wal-Mart as a cashier.

      I doubt your wife makes $36K a year as a Wal-Mart cashier. Note that the figures in question were for a 6.5 month period - January 15th 2001 to July 31st 3001. ~$128k per year for the Draekers seems more than fair under normal circumstances. When the employees are working for free, however, it's fucking bullshit. They took care of themselves and left everyone else to rot.

      --
      -Ryan, with the unoriginal sig
  10. Wow by loraksus · · Score: 4, Insightful

    Jesus fucking christ. As cool as the project is, don't these people have any common sense? You don't get paid for a year, you jump ship. I'd be gone after 2 bounced [or not received] paychecks. The market is shitty, but I'm sure that someone could hire them. Of course management got paid, this was a friggin sweatshop.

    --
    1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
    1. Re:Wow by Kefaa · · Score: 1

      Not being on the inside of Loki, I can only guess, but lets give them the benefit of the doubt that they believed "this" was the month that would pull them out of it.

      Not being able to live without two paychecks merely identifies the level of risk you are willing to accept. I have worked for clients with 90+ day payment cycles, so my level of risk is higher. The Loki people apparently were far less risk adverse than either of us. Maybe they wanted it to work and saw a big pay day if they could just pull it off in the end.

      Or if you want to be cynical, consider people buy lottery tickets too. Which leads to my favorite bumper sticker: Lotteries are a tax on people bad at math. But people well educated, well rounded and grounded people do it anyway.

      Perhaps a Loki lurker would care to comment.

    2. Re:Wow by coyote-san · · Score: 2, Insightful
      The market is shitty, but I'm sure that somebody could hire them.

      Yeah, right. I don't know anyone who's working, and it's not for lack of trying. I don't recall where Loki is located, but in a lot of markets the only possibilities are an unpaid job or unemployment, and the former looks a lot better on the resume since a lot of people still think that this is a minor recession, not a 50+% unemployment depression with no end in sight.

      --
      For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken
    3. Re:Wow by zzyzx · · Score: 2

      You have any sources for that claim that there is a 50% unemployment rate. Amazing how the government can claim that it's 5.5% and no one notices the difference.

      If there were a 50+% unemployment rate, believe me, you'd know about it. This is why you shouldn't generalize from the people you know to the population at large.

    4. Re:Wow by Anonymous Coward · · Score: 1, Insightful

      Hindsight is always better than foresight. When you have a job you would die for, you may be asked to die (or at least sacrifice) for it... The boss won't come ask you to work a year w/o pay; no one would agree to that, he will come and ask you if he can hold off paying you a week because of some obligation the company has. Then he will show you that the big payoff is coming (he might even take the time to show you his projections spreadsheet). After you say yes to that a few times he will gradually increase the stakes until the end result is a year w/o pay.

      These employees were not idiots... they were passionate idealists that loved what they were doing and lost track of reality. Some of you may only work for a pay check... no pay no more work from you. But some work because they like what they do... no pay well pay me next week then.

      Don't condem these employees until you have been in their shoes.

    5. Re:Wow by Anonymous Coward · · Score: 0

      Being well educated (whatever that means) does not necessarily mean you are not bad at math. ;o)

    6. Re:Wow by Anonymous Coward · · Score: 0

      Perhaps you would have a job if you hadn't spent all your time posting your 825 previous comments on /.

    7. Re:Wow by gvonk · · Score: 2

      Yeah except that he said a "50+% emplyoment depression". So, if unemployment were 4% before and it's 6% now, bingo, he's right, you read wrong.

      --


      El Karma: excelente(principalmente la suma de moderación hecha a los comentarios de los usuarios)
    8. Re:Wow by NDPTAL85 · · Score: 1

      You are WAY off base with that 50% unemployment figure.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    9. Re:Wow by NDPTAL85 · · Score: 1

      No they really were idiots. They were working for a company that was making a product that had next to no market. They actually finished one of their games and only 1500 people bought it. How many times do you have to be told there is no Linux video game market before the people here on Slashdot will get it thru their heads?

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    10. Re:Wow by zzyzx · · Score: 2

      "not a 50+% unemployment depression with no end in sight. " is the quote that I was refering to. 50% unemployment usually would mean that that was the rate. If the quote was "not a 50% increase in the unemployment rate with no end in sight," that would be different

    11. Re:Wow by gvonk · · Score: 2

      Yeah, now that I reread what he said, it's in the air. I read it as a "depression of 50%" but really it's an increase of 50%... Anyway, it's all semantics.

      --


      El Karma: excelente(principalmente la suma de moderación hecha a los comentarios de los usuarios)
    12. Re:Wow by Anonymous Coward · · Score: 0

      ONE product? Try EIGHTEEN ports, one publishing deal, and one maintenance contract. Sheesh.

  11. Poor Loki... by xZAQx · · Score: 1

    They just can't catch a break. What happened is very unfortunate...but at least those employees got to work on one HELL of a project.

    --

    We dance to all the wrong songs.
    --Refused.
  12. What?! by Anonymous Coward · · Score: 0

    If you work for a company who has not paid you in 6 months, what the hell are you doing letting them run up the balance on your personal credit cards? I hate to see these folks put in this position by their employer, but you have to use your fucking brain, too!

    If you believe in something so much as to allow your employer to go 350,000 dollars in debt to *you*...maybe you should seriously consider opening your own company!

  13. There are no more heroes by Toodles · · Score: 5, Insightful

    I had always wanted to consider Loki one of the "good guy underdogs". A company to root for. I mean, c'mon. They helped bring Quake3 to Linux, how could you NOT like them? But then I read this:

    Instead of sending them W-2 income tax forms, they were sent 1099s, meaning that they are left to pay taxes on income for which the company was already supposed to have -- but hadn't -- paid federal withholding.

    The question here is, did Loki without the taxes/FICA, etc. out of the paychecks? If they withheld, didn't deposit it, and then sent out a 1099, then the company should immediately be investigated for tax evasion and any other criminal charges that are relavent. This is fraud, and the victims are the employees. If the taxes were NOT withheld, then this is a non-issue. Yes, it sucks having a large tax amount due all at one, but thats life.

    Who wants to take bets that this gets publicized as FUD that Linux does not a viable company make?

    --
    Toodles D. Clown
    1. Re:There are no more heroes by llamalicious · · Score: 1

      Even if it isn't publicly ostracized as anti-Linux FUD, you can bet that Microsoft is eyeing this information as a potential weapon for their sales arsenal.

    2. Re:There are no more heroes by turbine216 · · Score: 2

      Who wants to take bets that this gets publicized as FUD that Linux does not a viable company make?


      I'm not really sure you should call this FUD, no matter how it's spun by the media. This is real life. There is no dishonest or biased journalist/advertiser who could make this story any worse. This is BAD FUCKING PRESS for the OSS development community, plain and simple. Sure, Microsoft will have a field day with this. A lot of other companies will as well...but that's what happens.

      It's pretty well known at this point that in general, business models that are based around the development of Open Source software typically DO NOT SUCCEED (with very few notable exceptions). This is one very good example of that. The fact that the company's management only made the situation worse is just gravy for Microsoft and its kin. It makes the whole event look very, very evil, and that's how it SHOULD look.

      So to summarize...it's only FUD if it's not true. This, unfortunately, is very true.

    3. Re:There are no more heroes by grinwell · · Score: 1
      The question here is, did Loki without the taxes/FICA, etc. out of the paychecks? If they withheld, didn't deposit it, and then sent out a 1099, then the company should immediately be investigated for tax evasion and any other criminal charges that are relavent. This is fraud, and the victims are the employees. If the taxes were NOT withheld, then this is a non-issue. Yes, it sucks having a large tax amount due all at one, but thats life.


      Unfortunately for the Loki employees, it sounds like the company "paid" them by "advancing" them loans on salary due. So your latter scenario is probably correct. I doubt they advanced the "full" amount of salary due, so the employees did get *screwed*. But of course, we knew that already.
    4. Re:There are no more heroes by lpevey · · Score: 1

      The article states that the earnings Loki sent 1099's on were paid as cash advances. Therefore, Loki didn't withold taxes from the payments, even though the checks were for the employees' net pay. Loki can't be charged with tax evasion, because Loki technically didn't pay the salaries to their employees. But the employees still have a right of action against Loki for the additional amount of unpaid salary. (Which the employees would then have to pay as taxes.)

    5. Re:There are no more heroes by kawika · · Score: 2

      I'm not an accountant but run my own business. Here's my understanding.

      Loki can send a 1099 and say these guys were contractors, but the IRS may claim otherwise. If they were employees in 2000 then they most likely were employees in 2001. Loki should have paid 1/2 of the social security and medicare taxes.

      If the 1099 status holds up these guys should be somewhat thankful. That will let them file a Schedule C and deduct their out-of-pocket expenses from income, although it sounds like they'll have to cough up taxes on the net after these expenses.

    6. Re:There are no more heroes by Dastardly · · Score: 1

      It's pretty well known at this point that in general, business models that are based around the development of Open Source software typically DO NOT SUCCEED (with very few notable exceptions). This is one very good example of that.

      You are an idiot. This is not a very good example ,since as far as I know, not a single piece of open source software came out of Loki. They ported closed source games to an open source operating system. They would have had similar problems porting games to just about any other operating system (might have pulled off Apple, but game companies do that port themselves because it is profitable). It is a closed source business model that just didn't work.

      Don

    7. Re:There are no more heroes by mrcparker · · Score: 1

      Loki made money off of selling propietary software, not OSS. So, this is not an example of your theory.

    8. Re:There are no more heroes by warpSpeed · · Score: 1
      It does not matter if the taxes were withheld or not. The IRS has a short clasification list or the long list (PDF), that defines what an employee is vs. a contractor. It is hard to be a contractor and show up at a company provided cubical, with a company provided computer, and a standard work schedule, and claim that you are a contractor. It is nearly impossible for the employeer to claim you are a contractor.

      However if you read this little gem:
      Holding the employer liable for the tax that was not withheld does not relieve you from the liability for your share of social security and Medicare taxes.

      IT seems that the IRS will probably ignore the company since there is no money to squeez out of them, and the employees will get the shaft...

      Thanks, Uncle Sam...

      ~Sean

    9. Re:There are no more heroes by bmarklein · · Score: 1
      IT seems that the IRS will probably ignore the company since there is no money to squeez out of them, and the employees will get the shaft...

      No, the IRS will actually go after officers of the company and members of the board of directors. Not sure who's on their board but if there are any VC's or anyone else with deep pockets they'll end up footing the bill.

    10. Re:There are no more heroes by LiENUS · · Score: 1

      smpeg was oss
      i think they did some sdl work too.

    11. Re:There are no more heroes by Anonymous Coward · · Score: 0

      Being advances, they shouldn't be 1099'd as they were loans secured against salary, right? So why the hell were they 1099'd?

    12. Re:There are no more heroes by catfood · · Score: 1
      If the 1099 status holds up these guys should be somewhat thankful. That will let them file a Schedule C and deduct their out-of-pocket expenses from income, although it sounds like they'll have to cough up taxes on the net after these expenses.

      But they've already paid, perhaps overpaid, their state and federal income taxes by withholding. If they got 1099s instead of W2s, they would be expected by the government to pay those taxes all over again. Deducting expenses would barely dent that cost.

      Of course, any former Loki employee who actually got a 1099 instead of the W2 and doesn't immediately consult a competent tax and labor attorney is doing himself or herself a great disservice. I am reasonably certain that federal tax law provides some relief for situations like these.

    13. Re:There are no more heroes by Anonymous Coward · · Score: 0

      Right -- Microsoft's top brass is coming into meet with the CIO and senior VPs of my company to discuss how there's no game market for Linux and therefore we shouldn't buy that mainframe cluster that we've been eyeing.

      What I think you miss is that nobody in the Linux world cares about this either. IBM, RedHat, SuSE and everyone else don't give 2 craps about the desktop market.

    14. Re:There are no more heroes by Anonymous Coward · · Score: 0

      if the employees didn't realize tazes weren't being paid on their salary, not only would they need to pay taxes in April (and SS/Medicare tax at 15.3%), they would probably need to pay a penalty for failing to have proper quarterly withholdings.

    15. Re:There are no more heroes by Anonymous Coward · · Score: 1, Informative

      Background:

      I had a conversation along these lines with my Tax Lawyer some time ago. His comment was that (this applies to U.S.) the folks at the IRS aren't bad folks, or malicious. Sometimes some aren't totally competent, but they aren't malicious. As he put it, you could owe $150k and not have filed a return for four years - all they'll do is set you up on a payment plan for the taxes, interest and penalties and then everyone goes about their way.

      As some have mentioned here, a Corporation shields the owners from most forms of liability. For stuff like Loki's, ya gotta sue the corp, because the corp is the legal entity that incurred the expenses, etc.

      End background

      HOWEVER:
      In the case where an employer does not send witholding taxes to the IRS, the IRS will go right through the corporation and take any personal assets from the Officers (maybe the Board of Directors). Yes, that means houses (residence and all), cars, what ever. According to my Lawyer, this is where the IRS folks get vicious. They don't just collect the unpaid taxes, and whatever else. They collect multiples of what is owed and unpaid. The reason - in many cases, there is nothing to collect - smaller company goes "belly-up" and owners can't be found or have nothing. So to handle this situation, when the IRS can collect, they collect more than needed to put the excess into a fund to handle situations where collection can't be made.

      Also, I don't recall whether this is with regards to IRS/taxes, or with Texas Workforce Commission/payroll, but the person(s) in charge of payroll & benefits shares some liability for this kind of situation (whether or not an officer in the company).

      As for the 1099 bit, that depends on the paperwork that was filed for the "advance". I've not experience that bit of "financial wizardry". For those folks left holding the 1099's, I'd suggest having a chat with a competent attorney and/or local IRS representatives. If it is found that this was done improperly or in bad faith, the Mr. Draeker could be in for a "world of hurt". That nice bit of cash he's wanting from the Bankruptcy Judge might not do him a bit of good.

      Why do I know some of this:

      For our 2000 IRS taxes, my wife's former employer sent us a bogus W-2 including income that he never paid (we'd also sued the company for it).

      For 2001, the employer she left back in May (who is now defunct) didn't send a W-2 at all. Thankfully this one paid her up until she left.

      BTW: IANAL!

    16. Re:There are no more heroes by Anonymous Coward · · Score: 0
      It is hard to be a contractor and show up at a company provided cubical, witha company provided computer, and a standard work schedule, and claim that you are a contractor. It is nearly impossible for the employeer to claim you are a contractor.
      No it's not. It's all in how you arrange your work status. I am a 1099 contracted resource at a company and I have a defined work schedule, company cube and company workstation.
    17. Re:There are no more heroes by warpSpeed · · Score: 2
      No it's not. It's all in how you arrange your work status. I am a 1099 contracted resource at a company and I have a defined work schedule, company cube and company workstation.



      I have done this too, but only after contracting to a contracting comapny. There has to be one level between you and the company you are really doing work for. Some of the contracting shops that I have worked through insisted that I be W-2 with them so that I could work for thier clients as a contractor. The IRS can be real sticklers about these things. The issue is really liability to the IRS. You may have a fine and happy contracting relationship with a client but the IRS will still claim that you are an emploee and stick the company with penalties for not with holding taxes. Most Companies just do not want to be exposed to that kind of problem. Not all, but most



      ~Sean

    18. Re:There are no more heroes by Anonymous Coward · · Score: 0


      Loki didn't to anything for Quake 3, other than make it late to market.

      Quake 3 was coded from the ground on Mac, Linux and Windows.

      Loki was only a distributor, and was certainly responsible for the lackluster sales it generated (They were about a month later to market with it in relation to the windows version (by Activision), despite the fact they both went gold simultaniously. In the game market, that's suicide. Realize that this is just distribution -- they did none of the code. All of that was done by id.)

    19. Re:There are no more heroes by Anonymous Coward · · Score: 0

      Yeah, look how well non-Microsoft companies in the Windoze market are doing...

    20. Re:There are no more heroes by rw2 · · Score: 2

      There has to be one level between you and the company you are really doing work for.

      This isn't at all true. There are 20 criteria that the IRS uses to determine if you are a company or not. The number of levels between you and the end client is *not* one of them. Think about it, that would be an endless loop. Company A wants you to do some Java for them. They can't hire you directly because of this rule so Company B hires you instead. But B cannot hire you because of this rule, so company C steps in. But C cannot... You are *really doing work* for the company that is issuing your paycheck. Just ask them...

      Another thing to keep in mind is that there isn't any one rule that throws a flag in the computers for this one. Of those 18-20 rules you must hit like a third of them before the IRS will consider you to be an employee.

      Most Companies just do not want to be exposed to that kind of problem. Not all, but most

      This is anecdotal evidence that I don't believe for an instance. In Chicago I can state with high confidence (Texas and California with lower confidence) that you have this exactly backward. First the vast majority of Chicago companies will deal with contractors directly (including, in my direct experience, GE, Ameritech/SBC, Whirlpool, AON and Siemens).

      Second, the handful of companies that wouldn't deal with contractors were *all* consulting companies who wanted to hire as a w-2 because they wanted to lower the total cost of my time and thereby make a larger profit. Hey, more power to them, but doing so isn't my best interest so that handful doesn't get the privlege of my services until I need them more than they need me.

  14. Website for overworked and underpayed employees by Dino · · Score: 2

    www.texasemployees.org

    Of course, Loki is not in Texas so it doesn't help their employess much :-(

    --
    That's not what I meant.
  15. Be wary of ANY check an employer writes to you: by llamalicious · · Score: 3, Informative

    Even if you are a paid employee, be cautious about receiving any type of compensation by check from your employer. Even bonuses and advances.

    Undoubtedly, you will receive a 1099 at the end of the year, this is standard accounting practice (and the law [in the States] for the company writing the check)

    You are left holding the bag on taxes, so make sure you account for any mileage or other costs associated with making that extra money.

    Bottom line: companies are keeping records, you should be too.

    1. Re:Be wary of ANY check an employer writes to you: by Anonymous Coward · · Score: 0

      Smart companies (or is that good companies) take the withholding out of bonus checks. It sucks, because the bonus tax rate (with double-dipped FICA, ect, since the co. isn't paying its half (because it's a bonus, not salary)) is ~45%, and employees do bitch (I'm in management, fyi).

      But at the end of the year, no one owes taxes. And trust me; the bitching when people realize that their company didn't take care of them tax-wise is much worse than bitching because your bonus check is for $2750 vs $5000.

      -X

  16. Loki Employees should retain thier code by MrJerryNormandinSir · · Score: 0

    Maybe the Loki Employees should regroup and
    bypass the management. Hopefully make some money
    on thier own. Maybe they should go after Loki,
    $350k.. that's criminal. I wonder if the employees
    would win a cival case. I hate lawyers.

    Here's a word to the wise, If an employer owes you a week's pay, cut your losses and move on!
    Or sit there, do nothing but search for another job.

    1. Re:Loki Employees should retain thier code by Lxy · · Score: 3, Insightful

      This is probably the best thing that COULD come from this. With bankruptcy floating over his head, the CEO has basically only one choice. File for bankruptcy, divide up the assets (which includes the code) to his creditors (employees) and hope he doesn't go to jail. If the employees have the code, they may be able to get another startup going. Linux software can be successful in the marketplace, but you need to be careful how to manage it. What were they buying for $350K??? Sounds like a lot of Aeron chairs and BMWs to me. Budget yourself well and your business can succeed.

      --

      There is no reasonable defense against an idiot with an agenda
      :wq
    2. Re:Loki Employees should retain thier code by NDPTAL85 · · Score: 1

      Retain the code for what purpose? Where's the market?

      --
      Mac OS X and Windows XP working side by side to fight back the night.
  17. "Corporate Card" by kawika · · Score: 5, Informative

    Wow, I never thought about this scenario, I've been lucky enough to never be there. A lot of companies issue corporate American Express cards to their employees so they can charge company expenses such as airline tickets, small equipment and software, etc. The employee is supposed to then file an expense report and be reimbursed for those expenses. Regardless, the employee is responsible for paying the card balance.

    In this case it sounds like the employee was royally screwed by this arrangement. It's also possible that they never got around to filing an expense report. A few years ago I worked with one guy who hadn't filed expense report for eight months and was owed a few thousand dollars; the company sent him a letter saying he had to file by the end of the year or they wouldn't reimburse him.

    1. Re:"Corporate Card" by Jethro · · Score: 2

      I used to work for a DotCom that issued that sort of credit card. It made absolutely no sense to me. I could either use my own CC, then issue an expense report and get reimbursed,or use a Corporate Card, which I still have to pay for, and issue n expense report, and get reimbursed. What's in it for me?

      I asked finance/HR department why I should do this, and they said "It's easier for us." That was not a good enough reason. I don't see why anyone would want to use this.

      --


      In the land of the blind, the one-eyed man is kinky.
    2. Re:"Corporate Card" by ghjm · · Score: 2

      There are two things "in it" for the employee.

      (1) You don't have to pass a credit check, but you can still behave like a "normal" business traveler. This is a big deal for people with bad credit histories who nevertheless want to work professional jobs with a lot of travel.

      (2) The line of credit on the company card is intended to be used for company purposes, so you aren't using any of your own lines of credit financing the company's operations. This is a big deal for people who have their credit cards maxed out, or people who travel so much that the amount of credit required is excessive.

      If you are an infrequent traveler with lots of available credit, then getting a corporate charge card is not a big deal for you. Not all people fit into this category.

      -Graham

    3. Re:"Corporate Card" by Znork · · Score: 2

      Well, here they at least pay the annual fee for our cards. Um, oh, yeah, and the company can apparently get the limits on the cards raised fairly easily (that was practical when we had employees stuck in the US after 9/11 who had to pay upwards $10K for tickets).

      But they're not good for much else. The company-pays type cards are usually not something the average grunt (no matter how expensive grunt) will see in their lifetime.

    4. Re:"Corporate Card" by Sabalon · · Score: 2

      There are some advantages. When I had one cause I was doing travelling....

      - I didn't have to put anything on my own cards which was a delicate situation at the time.
      - Also means that while I was away racking up charges, since they were not on my card, I didn't have to worry if my wife got in an emergency situation requiring funds.
      - The statement was very nice and useful in filing expenses. Everything was broken down into categories, and I think the meals even had the tip amount or something like that. It's been a few years and I don't quite remember anything other than going "Damn...that's nice"
      - Some unnatural limit

      The only downside is that there were a few places that would not take AmEx cause of the extra fees the place had to pay - only hit me once.

      In addition, assuming you only used it for corporate stuff, depending on where you work, you may just be able to turn in the bill and call that an expense report.

    5. Re:"Corporate Card" by Anonymous Coward · · Score: 0

      actually i know a lot of people including myself who have been rejected from corporate cards for bad credit so that is not a "benefit". remember the company is not taking responsibility for that card that you could charge anything to.

    6. Re:"Corporate Card" by exodus2 · · Score: 1

      This is not ture for eveyione. My company uses Amex and I was denied the card because of some incorrect info on my credit report. So you still have to go through the credit check, so if you couldnt get a card by yourself you cant get a company card either.

      --
      .sigs suck, thus nothing here.
    7. Re:"Corporate Card" by Anonymous Coward · · Score: 0

      If you have a credit card with an outstanding balance, you will often be charged interest for all of the outstanding amount on a average daily basis.

      Example:
      $1000 in personal debt
      $500 in company debt
      Company issues a check for $500
      You pay interest on the whole $1500 -- you are out $5 bucks or so for the company debt.

      Having a dedicated company card avoids this problem. (I tried to use this argument once to get a company card, or I was going to start expensing interest, but politically it was easier to just give me a raise instead :)

    8. Re:"Corporate Card" by Floydian123 · · Score: 0

      It sounds as if the person payed the expenses himself, filed the claims, but Loki never paid him back. This is supported by the fact that he is owed money, meaning the company does in fact need to pay him, not that he "forgot to file claims" or such.

      --
      paul
    9. Re:"Corporate Card" by toopc · · Score: 1

      There's one other thing in it for the employee.

      If you work for a big company with lots of name recognition, having that name on the card is going to result in better service. This can be anything from simply having your pizzas arrive on time for your staff meeting rather than 20 minutes late, all the way up to getting bumped up to business class when the airlines overbook and give away your seat.

      A hotel or restaurant may not care about your piddly business, but they do care about the business of a large corporartion.

  18. Ok maybe this sounds strange but... by bliss · · Score: 1

    1. Why is this person(s) still working without a paycheck?

    2. How does this person survive? Programming is a demanding job and dosn't work well with 2 jobs+.

    --
    The death of one man is a tragedy; the death of a million is a statistic --Joseph Stalin
  19. What more needs to be said? by TheAwfulTruth · · Score: 3, Funny

    From the article:

    "Founded by California intellectual property lawyer..."

    --
    Contrary to popular belief, coding is not all free blow-jobs and beer. Those things cost MONEY!
  20. worked for an outfit that didn't pay staff on time by peter+greaves · · Score: 2, Interesting

    in the late 80s early 90s in the UK. the excuse was always that BACS (Bank Automated Clearing System) had "failed" - yeah, right. they would usually pay late - and usually a few days up to a couple weeks late, and often after some maintenance revenue came in, just coincidentally. one of our people took particular exception to this and checked her rights (this is late 80s UK remember) - apparently they could pay you up a month late and not get any flak for it legally. o'course it turned out that making waves about it got you put to the back of the queue next month, so no one ever did that twice. of course the irony of the thing was we were an accounting software company with BACS payroll modules - we knew exactly that BACS is like a rock, and so was the software...sympathies for those folks.

    --
    The tigers of wrath are wiser than the horses of instruction, but they eat more steak.
  21. Bummer for the geeks by pyxl · · Score: 1

    Looks like a bunch of folks learned a very hard lesson in financial management.
    What surprises me is that the corporations who invested in Loki didn't check things out more closely - they should have known better.
    I think it would be a good idea if the folks who are owed salary sued the holders of the copyrights of the games they worked on for individual unlimited derivative work and distribution rights at very little or no cost in perpetuity - that way, they could get revenues from selling the games they worked on but didn't get paid for, and the folks that screwed them over would get very little or no money from it.
    But that's just my view of fairness here.

    --


    Given enough hydrogen, just about anything is possible.
    1. Re:Bummer for the geeks by lpevey · · Score: 1

      This brings up an interesting point. Employees of software companies give up the rights to their work as part of the condition of employment. (i.e., Microsoft owns the copyright to any intellectual property produced by a Microsoft employee.)

      But these people weren't treated as employees. They were given 1099's, indicating treatment as an independent contractor. Any release signed on ownership of copyrights of work produced as an employee should be void, right?

  22. Give me the games by terminal.dk · · Score: 2, Interesting

    Suse / VA Linux should get the games, release them cheap / for free to get people to switch over to Linux.

    Not sure what the agreements with id Software, Bungie, etc says. But I would be more than willing to pay the original came companies their $2 royalty for each game I could legally download.

    1. Re:Give me the games by metalhed77 · · Score: 1

      i'm sure the royalty is more than $2, they weren't THAT enthusiastic about linux porting

      --
      Photos.
    2. Re:Give me the games by coupland · · Score: 2

      That will happen on the same day hell freezes over. You think id Software wants full versions of their games w/ registration keys online for $2 a pop? I can just see the e-mail flood: "Uhm, my Windows quake3.exe file is corrupted, can someone send me a copy? I have all the levels and a key and crap, I'm just missing the executable..."

      Nope, enjoy the demos but don't think you're going to get access to full versions of commercial games for free.

    3. Re:Give me the games by clone304 · · Score: 1

      Dummy, id doesn't charge for the executables. They make them freely available. You can check for yourself, they call them point releases. They do charge for the data files, however, at least in so much as that's the part they don't freely distribute.

      Get a clue, before you spew.

      .

    4. Re:Give me the games by coupland · · Score: 2

      Uhm, fuckstick, don't you realize that's my whole point? You can't give away the games for $2 because it's the data that's valuable. Get an IQ before you spew, moron...

  23. Latest News! by mteichrob · · Score: 0

    "Loki to offer food settlement deal... Employes who have gone: 8 to 12 months without pay recieve 3 large 2-topper pizza's, 4 to 8 months with no pay recieve $25 in food voucher coupons from Safeway, and 1 to 4 months a free cup of coffee from... you guessed it, the COMPANY STAFF ROOM!!"

    --
    Life is a journey. . . enjoy it!
  24. Mod me off-topic if you will, but... by PHAEDRU5 · · Score: 1, Troll

    When a company switches to Linux (AOL, for example), the Linux bigots in the office broadcast the message to all in a loud voice.

    When a Linux company goes out of business (Loki, for example), the Linux bigots remain completely silent.

    --
    668: Neighbour of the Beast
    1. Re:Mod me off-topic if you will, but... by Anonymous Coward · · Score: 0

      What the hell is a "Linux bigot"? Someone that doesn't like Windows or FreeBSD?

    2. Re:Mod me off-topic if you will, but... by scorcherer · · Score: 2

      Of course, the only reason why Loki went bust is Linux. Had they chosen any other geek platform to port non-geek games into, they would definitely have succeeded. Right?

      --

      --
      The Cap is nigh. Time to get a fresh new account.

    3. Re:Mod me off-topic if you will, but... by Anonymous Coward · · Score: 0

      Hmm. People tell people favorable news about something they favour, and don't loudly proclaim unfavourable news.

      Wow. News at 11.

      Next up: Bush supporters louudly broadcast the amount of campaign contributions he's gotten from Enron. Israel supporters loudly broadcast that a Palestinian child was shot. Anti-globalization protestors loudly broadcast the increased standard of living capitalism has brought to South Korea. Etc.

      If you want unbiased news, do it yourself. People who feel passionately about something are hardly going to go tell you all the points that shoot down their position.

    4. Re:Mod me off-topic if you will, but... by Anonymous Coward · · Score: 0

      No. All open source/free software is doomed to failure.

    5. Re:Mod me off-topic if you will, but... by Anonymous Coward · · Score: 0

      Anti-globalization protestors loudly broadcast the increased standard of living capitalism has brought to South Korea

      Capitalism/Free Market != Globalization.

    6. Re:Mod me off-topic if you will, but... by diamondc · · Score: 1

      this isnt as bad as any other small business.. around 90% of them go bust within one year

      --
      "I keep looking in the want-ads under 'revolutionary' but there don't seem to be any listings.. "
    7. Re:Mod me off-topic if you will, but... by nagora · · Score: 2
      When a Linux company goes out of business (Loki, for example), the Linux bigots remain completely silent.

      Other than posting the news on /. where several million people can read and discuss it, you mean? Or are the /. editorial crew not "Linux bigots" in your view?

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    8. Re:Mod me off-topic if you will, but... by jgerman · · Score: 2

      I hate to respond to trolls but here goes:

      When a company wtiches to Linux it's a Big Deal. It's external validation of it's viability in an area where efficiency is key.
      When a Linux company goes out of business, it's not so unusual. Attempts and failures are made over and over again to start companies, based on Linux or any other OS. Most of them fail.
      When the big boys who have managed to stay in business by making sound decision decide the Linux is the way to go it's something to be proud of for the people who want Linux to succeed. You need to remember that Linux is incredibly young. Windows wasn't nearly the force Linux is at the same age.

      --
      I'm the big fish in the big pond bitch.
  25. who is john nash? by Anonymous Coward · · Score: 0

    is he supposed to be important?

  26. Open Books! by zulux · · Score: 5, Interesting

    The key to not having your suppliers/employees leave at the first sign of trouble is having open accounting in your company. I'm run a small consulting firm - and had a cash crunch a few years ago, and *nobody* cared because all my books were open. Everything. Salary, expenses, capital items, AP, AR. Even contracts for all/upcoming jobs. Everything. If you looked at the books you could see that I just planned improperly - I ran out and got a personal loan, and all was well a month later.

    The gratest thing about open books, is that you don't have to lie. And you can't fool yourself into thinking things are better than they are.

    --

    Moneyed corporations, non-working 'poor' and criminal prisoners are turning productive citizens into tax-slaves.

    1. Re:Open Books! by anomaly · · Score: 3, Interesting

      How do you handle the issues raised by your employees who are displeased that Johnnie makes more money than they do?

      (Whether that's because Johnnie is that much more productive or because he had a larger starting salary, or just plain 'income inequity')

      Don't some of your staff complain about such things?

      --
      But Herr Heisenberg, how does the electron know when I'm looking?
    2. Re:Open Books! by Anonymous Coward · · Score: 1, Informative

      How do you handle the issues raised by your employees who are displeased that Johnnie makes more money than they do?

      In my experience, you don't have to. I work at such a company, and having a no-secrets, open-book policy has made it the least political environment I've ever had the pleasure to work in. Management is forced to be accountable for all decisions (including salary) and to actually listen to employees.

      You'd be surprised at how much difference it makes in both productivity and morale when a company trusts their employees rather than herding them around like bad children.

    3. Re:Open Books! by cymen · · Score: 2

      Is this fairly common? How many companies do this? I'm going to note this down on something to look at when looking for a new job but I'm wondering how many blank stares I'm going to get.

      Sounds wonderful to me...

    4. Re:Open Books! by zulux · · Score: 2

      Is this fairly common? How many companies do this? I'm going to note this down on something to look at when looking for a new job but I'm wondering how many blank stares I'm going to get.

      Unfortunatly, it's uncommon. Most Coop's formed in the early 1900's have this feature - but it's rather uncommon due to the fact that it get in the way of monetary greed. Your best bet is to find an ethical business owner, or to start your own business.

      Open books are a tradeoff, and unfortunatly, there are few who will trade money for trust.

      --

      Moneyed corporations, non-working 'poor' and criminal prisoners are turning productive citizens into tax-slaves.

    5. Re:Open Books! by chiph · · Score: 0

      How do you handle the issues raised by your employees who are displeased that Johnnie makes more money than they do?
      I've given this some thought myself (if I were ever to get off my fat ass and start a company), and I would combine the salary info into one figure. Employees could see how it affects the bottom line, but wouldn't be able to determine if Joe-Bob over there makes more money for less work. Same applies to 401(k) contributions (which may actually fall under some federal financial privacy law).

    6. Re:Open Books! by Anonymous Coward · · Score: 0

      I am a regular /. reader, but temporarily anonymous.

      My current company is using open accounting books right now. I, as a non-executive, can walk into any executives office and request to see the cashflow and payroll expectations for the near future.

      And right now, we are in a similar condition to Loki. Many of us are behind in being payed up to 4 months. But nobody has left. Payroll taxes are behind, but due to loyalty, trust (open books help this), and a bit of insanity, we are still working 50+ hours a week trying to make the company work.

      If there is one piece of advise I can give any employee under the same situation, it would be to ask as many questions about the cashflow as possible. If you do not have access to this information then this means there is something to hide.

      Oh, and if you truly believe that your company will make it through the hardtimes then *negotiate, negotiate, negotiate*. Try to get more shares, better salary, bonus promises, etc.

      My 2 cents.

    7. Re:Open Books! by philovivero · · Score: 1
      all my books were open. Everything. Salary, expenses, capital items, AP, AR. Even contracts for all/upcoming jobs. Everything.
      Uh...

      Can I work for you?

  27. linux viable? by h4x0r-3l337 · · Score: 0, Troll

    Anyone who still thinks you can create a viable business selling linux software, raise your hand...

  28. Self-employment tax by Anonymous Coward · · Score: 0

    There's one big problem with being paid via 1099 instead of W2: you have to pay your own half of the social security taxes, instead of having your employer pay it. Take a look at that FICA section of your paystub, and that's what you personally end up paying again.

    So even if Loki did not take out Federal and state taxes, the employees still got shafted for almost 10% of their pay. This is why consultants charge more when they work under a 1099.

    Not to mention that 1099 recipients usually have to file quarterly taxes, and the employees may well be in for some nasty penalties for missing filing for almost a year.

    1. Re:Self-employment tax by Progoth · · Score: 1
      Not to mention that 1099 recipients usually have to file quarterly taxes, and the employees may well be in for some nasty penalties for missing filing for almost a year.

      This is only after previous filing of a 1099. The first year you don't have to do quarterly taxes. I worked as a "contractor" once (actually as an employee working for tax-evading employers) and I consulted with h&r block before starting. I didn't file quarterly taxes, and when april came around I filed my 1099 penalty-free. yeah, I quit that job soon thereafter...

  29. Thats life in a start up folks by Ars-Fartsica · · Score: 2, Redundant

    Its not all free massages and BMWs.

  30. Depends... by sterno · · Score: 3, Interesting

    Really it depends on how much you enjoy the job and how much you can afford to be without pay. If I really enjoyed my job, and could afford to do so, I could be convinced to stay a month or two if I thought the company was about to turn around.

    Of course during that month or two some portion of my time at the office would probably be spent actively seeking another job. Somehow I don't think your boss can get to irritated if you take the afternoon off for an interview if you haven't been paid in a month :). If you enjoy the job enough, it's better than sitting at home.

    --
    This sig has been temporarily disconnected or is no longer in service
    1. Re:Depends... by King_TJ · · Score: 3, Funny

      True - not to mention, it probably looks pretty darn impressive on a resume for your next job if you show that you were that dedicated to completing the project(s) at hand.

      That's one "fringe benefit" of programming for a living: While you crank out work for your employer, you also better yourself. Sometimes, the things you learn are worth much more than your paycheck.

    2. Re:Depends... by clone304 · · Score: 2, Funny


      Yeah, as an employer I'm always impressed by a potential employee's willingness to take it up the ass for me. I don't want intelligent employees that know how to judge a situation for what it is and make the RIGHT decision. Nah, my company will be much better off if all my employees are fools.

      .

    3. Re:Depends... by Jah-Wren+Ryel · · Score: 2

      Sadly lots of employers seem to prefer people with "sucker" stamped across their forehead.

      --
      When information is power, privacy is freedom.
    4. Re:Depends... by Ioldanach · · Score: 1

      Yeah, as an employer I'm always impressed by a potential employee's willingness to take it up the ass for me.

      I expect this was meant as a joke, but in most (if not all) of the companies I've worked in or consulted for, that attitude is ideal management material.

      Sad commentary...

    5. Re:Depends... by clone304 · · Score: 1


      Yes, despite the fact that it was meant as I joke, it contained a little sadness about the truth of it all. From what I've seen this is exactly what management is looking for in management. From both sides. They want a middle manager that will take it in the ass from them, then turn around and bend all of their subordinates over. I think they call it teamwork or something. Ahh, who can interpret all that manager-speak.

      That's why I work at a small company. If I feel I'm being screwed, I can look directly into my bosses eyes and say, "You're fucking me motherfucker!", and see that he knows I know. At that point we've reached direct negotiability, which is impossible to acheive in the pass-the-fuck corporate heirarchy, because it's always the next guy up or down's fault (or 2 or 3 or 4 removed). The ability of corporate drones to adapt to this mass culture of responsibility avoidance is pretty scary if you ask me. If I was a visionary I wouldn't base my society on that principle, but that's just me..

      .

  31. But this is the norm at many startups by Ars-Fartsica · · Score: 4, Insightful
    Most startups at some point demand some extraordinary sacrifices of their employees, either in low pay or no pay for some periods.

    This is why you don't work for one if you have a mortgage to pay and three kids in college. Look at most start-ups and you see two types - the very young and the very rich.

    1. Re:But this is the norm at many startups by Skyshadow · · Score: 4, Insightful
      Look at most start-ups and you see two types - the very young and the very rich.

      How very 1999 of you. Personally, working at startups, I've seen a lot of a third group: the formerly rich-on-paper who work so much their kids don't recognize them at the holiday parties.

      Startups tend to be a breeding place for workaholics. I'm all for spending as much time as I need to at work, but I've watched people literally destroy their families by working 90 hour weeks, then get laid off and have two weeks pay to show for it rather than the untold riches they'd been hoping for.

      Cautionary tale, I suppose. I still like working for startups and I'd do it again, but you've got to remember to control the workplace environment rather than letting it control you.

      --
      Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    2. Re:But this is the norm at many startups by Pep · · Score: 1

      I agree. I've kinda been in this situation myself, taking pay cuts to help extend the life of a company. And at 70 employees there may have been 1 or 2 that had kids. Most were young and free all with the hopes of making it big.

      Its a high risk game, you have to really put your goals and lifestyle in check when you start working for a young startup. You can either work for a large established company, work 9-5, no shares (maybe stock options if your lucky), work for 30 years and retire with a healthy RSP or other retirement savings plan...

      Or work for a startup, get shares/options, work your ass off at making the company successful, cash in and then go play golf.

      Its just that "making the company successful" part that is the hard part. You can do this for a long time without getting anywhere.

    3. Re:But this is the norm at many startups by Anonymous Coward · · Score: 0

      I prefer to work for startups, using my credit-card, bringing-in my own equipment, pulling-in personal favors -- it's all part of the job. Otherwise, I'd not be an extremesysadmin.com.

    4. Re:But this is the norm at many startups by Anonymous Coward · · Score: 0
      yeah, lets all go work at a startup that ports games to open source platforms. No, no one will copy the stuff and affect the bottom line or anything.

      Be a zealot, die like a zealot.

    5. Re:But this is the norm at many startups by The+Cat · · Score: 2

      You can either work for a large established company, work 9-5, no shares (maybe stock options if your lucky), work for 30 years and retire

      On what planet?

      Most companies aren't even in business 30 years, and I know exactly zero people who have been employed at the same place for 2 years or more, and everyone I know who is getting close to two years is under constant pressure of imminent layoffs.

      Planning for retirement is so far off in happy land that it is enough to give people stomach cramps.

    6. Re:But this is the norm at many startups by Pep · · Score: 1

      Well, yeah not necessarily the same compay for 30 years, thats crazy in the IT industry. But that general direction. ie, staying away from startups. But its still not uncommon to work for a more than 2 years for an established company. I've seen many resumes with 5+ years with one company.

      Planning for retirement should always been on people's minds, especially if you are in young and in your early 20's. This is the best time to start an RSP, if you can afford to put the money away, it will let you retire earlier.

      Although I havn't yet started my retirement savings yet myself... :) But I'm not as conservative as maybe I should be.

    7. Re:But this is the norm at many startups by Courageous · · Score: 2

      Curiously, all around me are people that have been employed for 2 years and more. Many of them 8+, all in the same place.

      C//

    8. Re:But this is the norm at many startups by Com2Kid · · Score: 2

      "and I know exactly zero people who have been employed at the same place for 2 years or more, and everyone I know who is getting close to two years is under constant pressure of imminent layoffs. "

      There IS something to be said for union labor jobs. . . . Steady work and often times a good retirement package.

      Yah you get dirty, yah you get messy, and yah some of the health risks suck, but they can pay well depending on the job, or at least pay decent, and you know that you are going to have a job to go to the next day and that your paycheck is always going to come on time.

    9. Re:But this is the norm at many startups by The+Cat · · Score: 2

      That's nice.

      Doesn't change the facts. People are laid off from jobs constantly for no reason. A recent story concerned a company that makes FORTY MILLION DOLLARS A MONTH that laid off 4000 people for "strategic reasons." This was, of course, right before the holidays.

      So 4000 people lost their jobs, their paychecks, had their credit destroyed, savings destroyed, retirement destroyed, probably lost their cars and possibly even their homes for some management "strategy." This story is not unique. I've seen people laid off with five minutes notice. No reason. No recourse. No nothing. Just pack your stuff and get out.

      All along we've been told "do a good job and you'll succeed."

      Now it's "keep your mouth shut and you won't get laid off." Not subtle and quite different. I don't know how to succeed in a "business" climate where success is measured in something other than good work. All I know is the only thing I got from my seven years is seven years technical experience, which to potential employers is now worthless.

    10. Re:But this is the norm at many startups by Pep · · Score: 1

      So 4000 people lost their jobs, their paychecks, had their credit destroyed, savings destroyed, retirement destroyed, probably lost their cars and possibly even their homes for some management "strategy." This story is not unique. I've seen people laid off with five minutes notice. No reason. No recourse. No nothing. Just pack your stuff and get out.

      Why would their credit be destroyed, retirement destroyed, etc? That would be poor financial planing on that particular person. I've known people in this situation, who have high rent, new car, etc and are doing fine, even though they havn't found work just yet.

      This doesn't show that large companies are just as risky as startups though. This is just shows that there are problems in the economy, which makes startups an even higher risk.

    11. Re:But this is the norm at many startups by The+Cat · · Score: 2

      Planning for retirement should always been on people's minds

      Sure, provided some company somewhere can provide its developers with the same stability as the management, HR coffee-mug crowd and front desk people.

      Being laid off every six months makes it impossible to plan for anything, much less retirement. Besides, before retirement, there's weddings, honeymoons, kids, mortgages, college funds, etc. THEN you start talking about retirement. I'm always amused at mortgage companies actually expecting people to sign a 30-year mortgage in the present employment climate with a straight face.

      But of course, about the time the average employee is four payments into their mortgage for a roof over the heads of their wife, two kids and a third on the way, some manager has been hard at work for months turning the office politics wheel to garner support to get them fired because in some other random person's opinion, they aren't a "team player" or they are "reevaluating the corporate strategic initiatives from the viewpoint of the new efficiency objectives." This cannot be avoided. Once the wheels start turning, there is nothing an employee can say or do to keep from losing their job. Period. They can do everything right and be everyone's best friend for the whole time they work there, and be gone in five minutes with no reason or recourse.

      Three weeks later, they and their family are living on savings (if there is any), all potential employers are irrationally skeptical because only inept, unqualified or difficult employees are ever laid off (right? employees are always wrong and employers are always right), and they're left wondering why they spent all those years developing their skills and knowledge (and earning a college degree) since potential employers all seem to value their experience and education at somewhere around zero.

    12. Re:But this is the norm at many startups by The+Cat · · Score: 2

      Why would their credit be destroyed, retirement destroyed, etc? That would be poor financial planing on that particular person. I've known people in this situation, who have high rent, new car, etc and are doing fine, even though they havn't found work just yet.

      That's nice. Nobody is getting this? I'm amazed. It's no wonder that people aren't grokking the problem with the job market.

      If someone has enough saved to support a $1200/month apartment, $350/month car, utilties, gas, food, taxes, clothes and entertainment for months and months with no income, then good for them.

      Take away their income for a year. I don't care how well they planned, they are going to be in trouble financially. The basic (and I do mean basic) cost of living is at least $1500 a month. Even with $10,000 in savings (which is the exception, not the rule), they're done in just under seven months.

      At about the five month mark, when it becomes apparent that it ain't happening, bills start getting missed in favor of food and light. That's when the credit goes bye-bye.

      This doesn't take a PhD in mathematics.

      ...and it happens to people who are among the most employable there are: college educated, highly knowledgeable, well experienced and technical people with spectacular resumes. There are thousands of them, HUNDREDS OF THOUSANDS OF THEM, AND THEY ARE UNEMPLOYABLE.

      UNEMPLOYABLE.

      This doesn't show that large companies are just as risky as startups though.

      Sure they are. What's to prevent a "large company" from just firing someone at random? What?

      "But, but I was doing a good job!"
      "So what? Get out."

      Happens all the time.

    13. Re:But this is the norm at many startups by Anonymous Coward · · Score: 0

      Buddy if you were laid-off recently I feel your pain, I do. I would like to share with you who I am and what my circumstances are but I'm too friggin scared to do that. This country is way out of control. I'm expecting a layoff at anytime, it could be any week. With the job market the way it is, I'm very nervous. I guess I'll start saving for the rainy day that is coming, I haven't done that yet (remember we were told that the boom would last forever...). Time for me to wise up.

    14. Re:But this is the norm at many startups by Anonymous Coward · · Score: 0

      Well, we will probably eventually end up in this company in the same situation as Japan (i.e. a ten year recession with no end in sight, dollar falling against gold, etc...)

    15. Re:But this is the norm at many startups by exodus2 · · Score: 1

      My dad puts lots of money away. he had 18 months off between his last job and the one he has now. He was not fired, he just got tired of the 2hr drive so he gave notice. He did not even start looking for work for almost 9 months, but my parrents have had their house for 20 years and pay like 600 because they bought it for 60, but did some remodeling. Both of their cars are atleast 10 years old, so no car payment. A 350 dollar payment is alot, I am only paying 220 (for 3 years) on my nissan Altima ($22k paid) Its just a matter of saving your money and not wasting it. I drove a 84 mustang before so I could save for a big down payment. Anyone who is paying that much should have lots of money saved. My wife is looking at a BMW, with our down it will less than 300 a month.

      --
      .sigs suck, thus nothing here.
    16. Re:But this is the norm at many startups by GMFTatsujin · · Score: 1

      Um... That's nice?

      Seriously, Cat, I think I'm sensing issues here.

    17. Re:But this is the norm at many startups by shyster · · Score: 2
      ...and it happens to people who are among the most employable there are: college educated, highly knowledgeable, well experienced and technical people with spectacular resumes. There are thousands of them, HUNDREDS OF THOUSANDS OF THEM, AND THEY ARE UNEMPLOYABLE. UNEMPLOYABLE.

      A little too far on the doom 'n' gloom side today, aren't we? Even for a Monday.

      According to the latest unemployment statistics, national unemployment is around 8% for high school dropouts, and 3% for college grads (over 25 years old). Doesn't really seem like comapnies are "firing people at random." Oh, and the motivation of profits is what keeps them from firing at random.

      BTW, the median wage for programmers is around $60,000. You should definitely be able to save some money and have DR plans in place when making that. Most Americans live at and slightly above their means, and so take it on the chin when things turn around unexpectedly. That's not necessarily the employer's fault, however.

    18. Re:But this is the norm at many startups by The+Cat · · Score: 2

      Yes. That's nice.

      People have a way of being dismissive of the observations of others that don't correspond with their own. "Well, *I* know someone who has $11,000 a day in expenses, and can't find a job and they're doing just fine." That's nice.

      Good people are being fired constantly. That's the "issue."

      When people lose their jobs, constantly, they do not have an opportunity to buy a home, raise a family, support a community, economy, etc.
      There is no sense of permanence, value or security when people can be laid off at any time, for any or no reason.

      When employers bitch about their %#*&@$#)(@*# quarterly sales figures, they only need to look as far as the list of recent layoffs. Those people are the ones that would be buying their products if they didn't have to spend all their free time looking for work, or working a third job because the first two don't pay a living wage (when they aren't griping that the employee isn't devoting their entire waking attention to them)

      Same as the copyright debate: the transaction is all tilted in favor of the employer/company/rights holder/whatever. They want it both ways, and they are not seeing (or never learned, probably because of their flagrant lack of overall competence) the fact that economies are exchanges: an agreement that if people are employed, they will purchase products. When people are unemployed, underemployed, or facing imminent layoffs on a continuing basis, then the whole system breaks:

      1) Companies can't sell their goods.
      2) More employees are laid off.
      3) Government collects less taxes.
      4) Capital markets can't find suitable investments. Returns are reduced.
      5) Shareholders value is reduced. Dividends are reduced or canceled.
      6) Vendors can't get paid.
      7) Finance companies and banks can't collect their payments.
      8) Housing market declines.
      9) Durable goods market declines.
      10) More employees get laid off.

      and so on..

    19. Re:But this is the norm at many startups by SoftwareJanitor · · Score: 2

      Even if you are paying no interest, your $220 per month for 3 years means you had to have put nearly $15k down. Even if they gave you full high market blue book for your 1984 Mustang, and assuming it was the most valuable model (convertible GT V8), you would still have had to put nearly $11k down.

      Most people don't put nearly that much down or have that much trade value in their old car (assuming they aren't upside down on their trade which a lot of people are). Also assuming no interest, $350 for 3 years only pays $12,600. So on a $22k car to get those payments, you'd still have to put $9,400 down. Most people don't even put that much down, most people only put between $500 and $2,000 down. Assuming $2,000 down on a $22k car, and no interest, those people would still be looking at a payment over $550 for 3 years. And even assuming that someone has $2,000 down and a trade in worth $5,000, they'd be looking at a payment of over $400 for 3 years on a $22k car.

    20. Re:But this is the norm at many startups by The+Cat · · Score: 2

      national unemployment is around 8% for high school dropouts, and 3% for college grads (over 25 years old).

      I don't buy it for a second. Not one second. If they're employed at all, they are probably underemployed.

      I have interviewed at probably four dozen companies, give or take, and I have only been asked about my degree once with the laughing question "why did you major in THAT?" Of course, there was no degree on the hiring manager's wall, and we were negotiating a salary that was a third of his.

      He was also absent at my upper division finals, which would have turned what little hair he had left white. I was one of four people in a class of 80 to finish the exam. Employers could care less.

      Doesn't really seem like comapnies are "firing people at random."

      Apparently you missed the earlier example about a $40M/month company that laid off 4000 people right before the holidays for "strategic" reasons. Sounds random to me. I don't want to hear "well, we couldn't afford to keep them" either.

      An entertainment company released two movies last summer. Both had eight figure opening weekends, approximately two weeks apart. During those two weeks, they fired 8000 people. But that's ok, right? There's always Dice.com, right?

      Oh, and the motivation of profits is what keeps them from firing at random.

      Must be why company stock jumps on every announcement of layoffs. People, GOOD people with years of seniority and up for promotions are FIRED with no reason or notice. I've seen people across the hall who were gainfully employed and working hard at 11:00AM and in the parking lot unemployed at 11:07AM the same day.

      Don't get me wrong. I'm not anti-company, but I've seen some pretty rotten things happen to some very good people during my "career," and there just isn't any excuse for it, unemployment statistics or no.

      BTW, the median wage for programmers is around $60,000.

      $40,000 after taxes.
      $28,000 after rent (or house payment, HA! right...)
      $23,000 after food
      $19,000 after car/gas/repairs
      $15,000 after utilities
      $6,000 after getting fired in month 8
      -$9,000 after being unemployed for 10 months

      Median wage at next job: $38,000

      Rent, food, car, utilities don't change. Start over. Fired again after 11 months.

      Median wage at next job: $31,000

      Rent increases... Start over.

      Year, after year, after year, after year...

      House? Marraige? Kids? Impossible to afford.

      You should definitely be able to save some money and have DR plans in place when making that. Most Americans live at and slightly above their means, and so take it on the chin when things turn around unexpectedly. That's not necessarily the employer's fault, however.

      Some live below their means. Some do a good job, save money, do everything right, and "take it on the chin" (more like run into a granite wall) when "things turn around unexpectedly"

      "You lost your job?"
      "Well, dear, things turned around unexpectedly"

      So, I wonder if the mortgage company will understand if the house payment "turns around unexpectedly?" Somehow I doubt it. Of course, it isn't the homeowner's fault, but they'll still throw him and his financed furniture into the street.

      It's not the employer's fault either. Of course not! I mean, their only purpose is to make money, right? They have no responsibility. There is no exchange here. They have no obligation except to extract revenue from the economy as efficiently and as quickly as possible, right? Does that sound about right?

    21. Re:But this is the norm at many startups by shyster · · Score: 2
      I don't buy it for a second. Not one second.

      Hmmm...I would say the Bureau of Labor Statistics are about as an authoritative source on this subject as there is. I'm quite sure they're more authoritative than your anecdoctal evidence.

      If they're employed at all, they are probably underemployed.

      Perhaps they are, but they're still employed. Sometimes you'll have to weather a storm anywhere you can get to. A lot of people who were never laid off are underemployed simply because no one will give them a chance to prove themselves. You do what you have to in order to make ends meet.

      I have interviewed at probably four dozen companies, give or take, and I have only been asked about my degree once with the laughing question "why did you major in THAT?" Of course, there was no degree on the hiring manager's wall, and we were negotiating a salary that was a third of his.

      Instead of getting angry and bitter, why not ask yourself why you didn't get those jobs? The company was obviously hiring, or else they wouldn't have interviews. They hired somebody...why not you?

      An entertainment company released two movies last summer. Both had eight figure opening weekends, approximately two weeks apart. During those two weeks, they fired 8000 people. But that's ok, right? There's always Dice.com, right?

      Yes, that is ok. Just like it's ok for me to take half of my colleagues and quit without notice, sending my employer into immediate disarray and probably out of business. Unethical? Perhaps. But anyone expecting loyalty from an corporation is hopelessly naive.

      $40,000 after taxes. $28,000 after rent (or house payment, HA! right...) $23,000 after food $19,000 after car/gas/repairs $15,000 after utilities $6,000 after getting fired in month 8 -$9,000 after being unemployed for 10 months

      Unless you're physically or mentally disabled, or live in the Arctic, there's little excuse to not be employed after 10 months of full time job hunting. Maybe you'll need to switch industries. But people outside of the tech sector have had to do that for years. We're not above economics.

      So, I wonder if the mortgage company will understand if the house payment "turns around unexpectedly?" Somehow I doubt it. Of course, it isn't the homeowner's fault, but they'll still throw him and his financed furniture into the street.

      So, it's the employer's fault? Does the employer have an obligation to keep everyone they ever hired on the payroll? If the employee is a good employee, he will find another company that can (ab)use him for profits. If he's not, then he may need to set his sights on a different goal.

      It's not the employer's fault either. Of course not! I mean, their only purpose is to make money, right? They have no responsibility. There is no exchange here. They have no obligation except to extract revenue from the economy as efficiently and as quickly as possible, right? Does that sound about right?

      That's exactly right. As a side effect of extracting revenue, however, they propel our economy. And my only responsiblity to my employer is to cash my paycheck. My only purpose at work is to make money. My employer's motivation for keeping me around is that I make him more money than he pays me.

    22. Re:But this is the norm at many startups by The+Cat · · Score: 2

      Hmmm...I would say the Bureau of Labor Statistics are about as an authoritative source on this subject as there is. I'm quite sure they're more authoritative than your anecdoctal evidence.

      Still don't buy it. Employment statistics which show that 97 out of 100 people are employed are just a little hard to believe during a recession. Sorry, but it just won't fly.

      We've been hearing about layoffs in the tens of thousands and bankruptcy filings for over a year now. Where are all these people working? Wal-Mart? If so, how are they making their house payments?

      Those employment statistics also fail to take a number of different categories into account, such as underemployed, people who quit looking, people who start their own businesses, people who aren't taking unemployment, etc.

      Perhaps they are, but they're still employed. Sometimes you'll have to weather a storm anywhere you can get to.

      After being screwed out of one career-track job after another? Just buckle down and pick up that mop! Sunny days are almost here! Maybe after 10 years of washing dishes they can get back to your high-paying, highly-qualified desk just so they can get fired again for some random reason, or non-reason. Sounds great.

      A lot of people who were never laid off are underemployed simply because no one will give them a chance to prove themselves. You do what you have to in order to make ends meet.

      ...and in the meantime just let people in the workplace do whatever they want. They can take the very foundation of your life: your career, something YOU'VE WORKED YOUR ENTIRE LIFE TO ACHIEVE and tear it to pieces before your very eyes with no accountability, no reason, and no recourse.

      Instead of getting angry and bitter, why not ask yourself why you didn't get those jobs?

      What makes you think I didn't? Just because I'm pointing out some of the unfairness in the "workplace?" I've had my share of these jobs.

      The company was obviously hiring, or else they wouldn't have interviews.

      Oh, please. That's better than expecting "loyalty from a company." Companies routinely interview with absolutely NO intention of hiring anyone. There are job listings that have been advertised UNCHANGED for YEARS at some of these companies.

      They hired somebody...why not you?

      I really don't know, and the hiring managers probably don't know either. My guess is that some buzzword didn't show up in the right place on the resume. It's a wonder they hire anyone.

      An entertainment company released two movies last summer. Both had eight figure opening weekends, approximately two weeks apart. During those two weeks, they fired 8000 people. But that's ok, right? There's always Dice.com, right?

      Yes, that is ok.


      Simply amazing. The corporation can do no wrong.

      But anyone expecting loyalty from an corporation is hopelessly naive.

      I guess. It's a tragic, crying shame, though, and it wasn't always this way.

      Unless you're physically or mentally disabled, or live in the Arctic, there's little excuse to not be employed after 10 months of full time job hunting.

      I'll give you a reason: what if you're too old?
      That's right. Once you pass a certain age, you can't be a programmer any more. What do you do then?

      Maybe you'll need to switch industries.

      Yes, of course. Flush all your experience and knowledge (gained at great expense and with great effort) down the sewer and start over at entry level wages with no seniority and no knowledge after wasting (that's right, WASTING) 10 years working towards a career. Sounds great.

      But people outside of the tech sector have had to do that for years. We're not above economics.

      Oh, it's economics now.

      Does the employer have an obligation to keep everyone they ever hired on the payroll?

      No, but they have an obligation not to arbitrarily lay people off for no apparent reason other than they just felt like it. Unless the company is facing imminent bankruptcy, firing thousands of people and likely destroying their careers isn't fair.

      If the employee is a good employee, he will find another company that can (ab)use him for profits.

      Not necessarily. Future employers have a built-in excuse not to hire them: they were fired from their last job.

      That's exactly right. As a side effect of extracting revenue, however, they propel our economy.

      How's that? If all they do is bank revenue and fire people, how exactly do they "propel" the economy? Oh, well, sometimes they hire people, but most of the time it's far FAR more difficult to get hired than it is for some manager to say "sorry, you're laid off, get out."

      And my only responsiblity to my employer is to cash my paycheck. My only purpose at work is to make money. My employer's motivation for keeping me around is that I make him more money than he pays me.

      Sounds adversarial. Not very productive.

    23. Re:But this is the norm at many startups by Anonymous Coward · · Score: 0

      "My only purpose at work is to make money. My employer's motivation for keeping me around is that I make him more money than he pays me."

      You aren't kidding!

      (posting anon for obvious reasons)

      My pay rate: 12.50/hour

      My services billing rate to the customer: $35-65/hour

      And I don't have much dead time. One or more customers are getting charged that between 30-40 hours/week. So yea, they are making a killing on me.

    24. Re:But this is the norm at many startups by reflective+recursion · · Score: 1

      How long, exactly, have you been a programmer professionally?

      I'm going to assume you started in the period between 1995 and 2000. If you started in this period, then you probably have been hit by the dot-com euphoria. If so, then you are probably disillusioned by the corporate world (and rightly so). Once corporations weed out these do-nothing managers that are straight out of Dilbert, the work place will become a much more employee-friendly place. Keep in mind that it is the managers that are doing their job improperly, and they _will_ be dealt with sooner or later. The good thing about corporations is that the CEO and management _must_ care about the company, else the shareholders will tear them to shreds (or watching the company you just worked for being eaten alive by the public like Enron will be quite a joy).

      My advice? Move to Redmond. I have yet to find a dissatisfied Microsoft employee. Stay away from the highly beaurocratic corporations (IBM). They will usually treat you as an interchangable part and provide you with a cubicle, measured to the millimeter, that provides the maximum productivity while using space most efficiently.

      --
      Dijkstra Considered Dead
    25. Re:But this is the norm at many startups by The+Cat · · Score: 2

      How long, exactly, have you been a programmer professionally?

      Just under eight years.

      If so, then you are probably disillusioned by the corporate world (and rightly so). Once corporations weed out these do-nothing managers that are straight out of Dilbert, the work place will become a much more employee-friendly place.

      That would be encouraging. What bothers me is that there seems to be a "so what?" or "quit yer gripin" response whenever someone complains they've been treated unfairly at work.
      This is important to people: it's how they eat and keep a roof over their heads, and the way most people are casually fired anymore you'd think companies were just changing their brand of cranberry juice.

    26. Re:But this is the norm at many startups by Courageous · · Score: 2

      People are laid off from jobs constantly for no reason.

      This is nonsense. It would be more honest for you to declare that you do not perceive the reason why people are laid off. Clearly, those doing the laying off do so for a reason, otherwise they wouldn't be doing it. You merely lack comprehension as to why.

      [my experience] is now worthless.

      Equally nonsense. It's temporarily not in high demand -- at least amongst those you've been seeking employment with -- because of an economic turn. This is in part because there is a sudden abundance of people like you on the market, who have to be slowly reabsorbed. The employers value the skill, but don't currently possess the resources themselves to quickly bring you back into active employment. This will be temporary.

      Meanwhile, you need to broaden your search, hunker down, and get through a tough time. No one and nothing can guarantee you stability. You're learning this the hard way, and I'm sorry to hear it.

      Out of curiosity, was your last place of employment one that was known for stability? If not, why not?

      C//

    27. Re:But this is the norm at many startups by Courageous · · Score: 2

      I'll give you a reason: what if you're too old? That's right. Once you pass a certain age, you can't be a programmer any more. What do you do then?

      Dye your hair, lie about your age, get a digital tape recorder, and hope one of your bosses confronts you over it. Then bring in the local labor bereau, sue, and retire. Since it is entirely illegal to not employ you on the basis of your age, a company letting you go for misrepresenting it would be defacto admitting to age discrimination and giving you a case.

      On a less whimsical note, as a software guy, age discrimination indeeds disturbs me.

      C//

    28. Re:But this is the norm at many startups by Anonymous Coward · · Score: 0
      Startups tend to be a breeding place for workaholics.

      Actually, workaholics tend to neglect the activity of breeding altogether.
  32. Linux is 1337 by Anonymous Coward · · Score: 0

    Linux is the best OS ever.
    I can't imagine doing anything without it.

    Props go out to Tux, Linus and Alan.

  33. Here's a bit of advice by halftrack · · Score: 1, Flamebait

    If someone is planning on going into business, having a passion for Linux, wanting to make money on Linux software get some pros to deal with the money and marketing. Linux software is not an impossible market to conquer, but it's hard. It's like learning how to hack; don't jump right into the Linux kernel, leave that to Linus and Alan Cox the first few years. The ideal thing (for business ) would be to get Bill Gates - the evil of business himself - to run your company.

    --
    Look a monkey!
  34. So much for the "Please Support Loki" campaign by erat · · Score: 5, Interesting

    At the risk of being flamed, I have to say this:

    What do you think of darling Loki now??

    Linux gamers flocked to these forums pleading with people -- even non-gamers -- to buy something from Loki so they could stay afloat. Hopefully this will show that blind loyalty to a platform (Linux, Windows, who cares? They're all OSes, not religions) is sometimes misguided. If I would have temporarily dropped my who-cares-about-games-on-Linux stance and bought something from Loki, I'm guessing I would have only been supporting the allegedly crooked Draeker clan instead of supporting the company.

    Sorry, but supporting a friggin' IP lawyer like Draeker isn't my idea of money well spent. The best we can hope for at this point is that the Draekers carry all of the guilt (if it's proven they're guilty) without dragging down Linux. I would think that's possible. The guy sounds like the s**t that s**t scrapes off its shoes. Folks who run companies and end up screwing the folks that made their business work deserve whatever hell that's dished out for them.

    1. Re:So much for the "Please Support Loki" campaign by King_TJ · · Score: 2

      I tend to agree. I didn't buy any of the Loki software at all, and this is a big reason why. When you buy software, you're really entering into a legal contract with the developer - paying for the legal rights to use the product on limited terms (for use with only 1 PC, etc.)
      On their end of the contract, they promise to give you technical support and update patches to the product.

      Why bother doing this with a developer that's expected to go down the tubes shortly? You'll still be held to your end of the contract (thanks to copyright law), even though they won't be upholding theirs after they go bankrupt.

    2. Re:So much for the "Please Support Loki" campaign by Rogerborg · · Score: 2
      • Folks who run companies and end up screwing the folks that made their business work deserve whatever hell that's dished out for them.

      Well, by that point, they've become the sort of person who can assrape someone while smiling and chatting about reengineering their excretive functionality as part of a long term win-win scenario. This qualifies them perfectly for a career in marketing with a larger company.

      Joke? Hardly. I slithered out from under the assraping, but some friends weren't so lucky. I have yet to hear of anyone at the project manager level or above in a games company who ended up in a lower paid job after running a project onto the rocks. All experience is good experience, for management.

      --
      If you were blocking sigs, you wouldn't have to read this.
    3. Re:So much for the "Please Support Loki" campaign by Anonymous Coward · · Score: 0


      Can you use the word assraping one more time, I'm almost ready to blow my load...

    4. Re:So much for the "Please Support Loki" campaign by Anonymous Coward · · Score: 0

      I think people are jumping to conclusions. It seems that the "one employee" is Scott (the founder) who was personally keeping the company afloat because it was HIS company. What's wrong with that?

    5. Re:So much for the "Please Support Loki" campaign by Some+Dumbass... · · Score: 2

      Linux gamers flocked to these forums pleading with people -- even non-gamers -- to buy something from Loki so they could stay afloat. Hopefully this will show that blind loyalty to a platform (Linux, Windows, who cares? They're all OSes, not religions) is sometimes misguided.

      Sure, because obviously if a company is broke, the way to help them is to not buy their products. Obviously.

      Seriously, does anyone think that any of this would have happened if Loki had been profitable? Okay, actually that's a complicated question. Still, may I suggest an alternative scenario? Perhaps if people had bought more Loki games over the years, not only would Loki still be around, but those employees would have been paid as well? It's easy to assume the worst once the worst has actually happened. That doesn't mean that it couldn't have turned out different.

      As a player of Loki games, I benefitted from the existence of the company. I got to play games more easily than if I had to dual-boot or deal with Wine. And of course, the Linux community (and thus myself, indirectly) benefitted from OpenAL and SDL development. Why should I support a company whose existence benefits me? Do I even have to answer that question?

      So what do I think of Loki now? Good products, glad I bought them. Yes, I feel sorry for those employees who were screwed. I (like they?) wish this hadn't happened. Perhaps Draeker would have sunk the company no matter what. Or perhaps if more people had bought Loki games (instead of pirating them, perhaps?) then things would have been better.

  35. Re:How Could It Gte This Bad? Enron? by l33t+j03 · · Score: 0

    It's another scam all right. The scam is called Open Source.

  36. Nothing to do with Open Source..... by Rcoonz · · Score: 1

    Can you guys stop saying that Loki is an example of Open Source not doing well!
    The only thing Open Source about Loki is the differen libs the developped to make porting 100x easier and that's all...here we are talking about games coming out sometimes more than 1 year after the Windows version and thats what killed Loki..and nothing else! If Companies like ID and others would just do the parallel dev. like they do on some Mac titles then Linux Gaming would be entirely different...and money could be made....the point of my post is that Loki didnt follow a Open Source Buiseness model..That's all!

    1. Re:Nothing to do with Open Source..... by The+Bungi · · Score: 1
      Right - if it had followed the open source business model the only difference is that the CEO would have had less opportunity to cheat money out of employees.

      Not to say it wouldn't have come crashing down anyway, of course.

      Don't sweat it, really. The business model you are trying to defend is really not a business model at all, nor is it defensible. There's nothing to defend if it's not working in the first place.

    2. Re:Nothing to do with Open Source..... by Anonymous Coward · · Score: 0

      Aren't you being naive?

      I think open source can be a business model, but you have to point to Loki at least as an example of what not to do.

      I think what you mean to say is "Loki's example doesn't really affect the viability of Open Source as a business model" But to say "Loki is [not] an example of Open Source not doing well" is just foolhardy, and you look silly making the argument.

    3. Re:Nothing to do with Open Source..... by Anonymous Coward · · Score: 0

      I agree, this is not an example of an Open Source company not doing well. It's a scam (seems appropriate) that ripped off a bunch of employees. The company could have made invisible tampons.

  37. Welcome to the recession... by FortKnox · · Score: 2, Offtopic

    Not only this, but they are going to have a hard time finding a job.

    Why not go ahead and comment on the on all the IT industry. There have been massive layoffs in the IT industry, and they aren't the only ones feeling the salary woes.

    Best thing you can say is to get a job to pay the rent, and wait for the recession to subside.

    --
    Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
    1. Re:Welcome to the recession... by Anonymous Coward · · Score: 0
      With one exception, we are all presently employed. Most of the developers went on to either Linux or game companies (although, obviously, not both, as there aren't too many choices in the Linux game company field).


      The one exception is returning home to finish college.

  38. Stop yelling at the employees by AT+Tappman · · Score: 5, Interesting
    Ok, I've seen a few replies stating that Loki employees should have just left when they didn't get money and that they were stupid not to leave. I can't not reply to that kind of misinformed response.

    Having talked with several employees that worked for Loki, I feel I can honestly say that several of them were terribly idealistic and sold on the idea that Linux had a bright future on the desktop. Not only that, but that Loki was at the forefront of capitalizing on that bright future and that happy days were just around the corner. For someone that has even a modicum of idealism and a love for Linux and the future of free software, this wasn't hard to believe. Just look at the timeline and you can see that in the first year, things looked amazingly positive. Several games published. Quake 3 Arena in tin boxes. UT also being published (albeit not by Loki) just added more credence to the idea that Linux and the idea of Linux gaming were coming of age quickly.

    As has been said before, Loki did several things correctly. That is, if a company has to appeal to the Linux community, then they should follow Loki's lead. Contacts in IRC and on newsgroups. Good tech support. The whole crazy LokiHack idea. They were all great ideas and pulled the community into the SDURF (Scott Draeker Un-Reality Field). If you have ever visited these forums where Lokiites could be found, you would have found out how enthusiastic everyone was about what was going on. These people believed and were willing to be poor but doing what they loved to make it happen.

    Unfortunately, Loki seems to have been terribly mismanaged. It is unwise to go into details, but suffice to say that it could not sustain itself with the leadership that it had. Look at the timeline again, and you can see when people started to give up and leave for real paying employment. Look at the frequency of games after the beginning of 2000. Look at the SMAC debacle. Look at the crap that was released at the end (i.e. Postal Plus). Sadly, some gave up later than others, and suffered even more for that sacrifice.

    Sometimes a dream means more than money or even family. In the case of Loki, it appears that those dreams were sold and exploited, hurting both the talented people that ported the games and provided the support and the people in the Linux community that bought the products. On a larger scale, the image of Linux has been tarnished as well, and it will make it even harder to move on from this fall.

    --

    I yearn for you tragically
    AT Tappman,
    Chaplain, US Army
    1. Re:Stop yelling at the employees by Anonymous Coward · · Score: 0

      Having talked with several employees that worked for Loki, I feel I can honestly say that several of them were terribly idealistic and sold on the idea that Linux had a bright future on the desktop.

      I had to read no further to understand why they stayed. They were all crack-addicted, lead paint-eating retards.

    2. Re:Stop yelling at the employees by erasmus_ · · Score: 2

      As I was reading through the posts, I was getting more and more angry at all the blame being put on the employees for the same reason that you were. Thank you for taking the time to write this, it's terribly callous to say "they were idiots." Every anti-MS story gets everyone out in droves to support Linux, but when a company that tried to legitimize gaming on Linux failed b/c next to noone would buy the games (downloading for free was of course no problem), they are branded morons. It was a good effort, and I'm sorry the employees got screwed, but let's take a look and examine what each of us could have done to prevent this failure.

      --
      Please subscribe to see the more insightful version of th
    3. Re:Stop yelling at the employees by Anonymous Coward · · Score: 0

      I thought a bunch of their top guys quit long before the company went under.

    4. Re:Stop yelling at the employees by yukihime · · Score: 1

      and of course, the obvious: if the job market sucks so much you can't find other work and you quit, you can't get unemployment compensation. better to stay til the last dog is hung, while casting about secretly for other work. then when you get laid off, at least you can collect your $300/wk.

    5. Re:Stop yelling at the employees by Bilestoad · · Score: 1

      That's a bit harsh, but in some circles this kind of attitude is known as "drinking the kool-aid".

    6. Re:Stop yelling at the employees by Anonymous Coward · · Score: 0
      Having talked with several employees that worked for Loki, I feel I can honestly say that several of them were terribly idealistic and sold on the idea that Linux had a bright future on the desktop. Not only that, but that Loki was at the forefront of capitalizing on that bright future and that happy days were just around the corner.


      Anyone who believed this was living in a fucking dream world. You may love Linux, but its dominance on the desktop is NOT right around the corner. Small startups usually fail. Linux companies fail even more because there is such a small market. Game companies are one of the most difficult areas of tech to be in. How could anyone not realize that after, say, 6 months without pay things were not looking good?

    7. Re:Stop yelling at the employees by NDPTAL85 · · Score: 1

      What is so hard to understand about "If there's no market for your product, then don't try and build a company around such a product"? These people WERE morons. Why are you willing to excuse them so?

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    8. Re:Stop yelling at the employees by NDPTAL85 · · Score: 1

      Sorry these aren't misinformed responses at all. Being idealistic and nice isn't enough and it certainly does not exclude someone from also being a idiotic moron. These Loki employees were just that, morons. There never was a market for their products, they did no research to check that out and they lost their shirts. They're not dead, no need to shed any tears over them.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
  39. Loki Endgame by ackthpt · · Score: 2
    Having worked for a company that died a long and painful death (a logistics and trucking company) it's remarkable when coming to terms with the end of a company you enjoyed working for, comiseration with fellow employees (many of whom remain close friends), and what you eventually find when on in the finance department.

    The endgame, where questionable accounting practices and behaviour become clear, is perhaps a last, grim fascination, like watching a reckless driver plow into a schoolbus full of children, then rationalize it all away, and even go so far as to extend blame to the victims.

    In our case, the VC's had been skimming millions off the top, each month, as they clamined the company was continuing to lose money and cut staff. Checks were kept in drawers until vendors refused to deliver freight in their care, until paid. Benefits vendors weren't paid, some were signed on with known problems meeting their own bills, because they were cheaper (no kidding.)

    Watching round after round of layoffs and then ripple effect waves of departures of those who couldn't stand it any longer. And amazingly, the execs always seem to have a golden parachute contract and get away relatively unscathed.

    --

    A feeling of having made the same mistake before: Deja Foobar
  40. An old Jedi mind trick... by fmaxwell · · Score: 5, Funny

    Where is my paycheck?

    You don't need to see a paycheck.

    I don't need to see a paycheck.

    You don't need to be reimbursed for your credit card purchases.

    I don't need to be reimbursed for my credit card purchses.

    You can go back to your cubicle.

    I can go back to my cubicle.

    Move along.

    Employee shuffles off.

    1. Re:An old Jedi mind trick... by Skyshadow · · Score: 1

      Hey, that's a time-honored management staple -- I think JWZ once described Marc Andreesen as the guy who'd wave his hand in meetings and say "these aren't the droids you're looking for" (for the record, this was portrayed as a good thing).

      --
      Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    2. Re:An old Jedi mind trick... by Anonymous Coward · · Score: 0
      Except...


      We had offices, not cubicles :-)

    3. Re:An old Jedi mind trick... by fmaxwell · · Score: 5, Funny

      We had offices, not cubicles :-)

      I am sure that is what they told you.

    4. Re:An old Jedi mind trick... by Anonymous Coward · · Score: 0

      Given that I worked in a room with windows on two sides, and lots of room, and my employer since then has crammed me in a tiny little cubicle with no window, I can tell the difference. Scott's Reality Distortion Field doesn't extend so far as to affect digital cameras (and no, those are two of my co-workers, not me).

  41. Re:at what point? ONE DAY by beamin · · Score: 3, Insightful

    I work for a big, blue company, and you can bet that the checks had better be VERY regular. Of course, they're a bit more well-heeled than just about everyone, but this isn't my hobby. It's a JOB. I enjoy it, but I sell my time to my employer so I can buy what I need to live.

    Showing up to work even one day after having your paycheck not be there is crazy.

  42. I run a company and... by Thagg · · Score: 5, Insightful

    I've told my employees that if I ever miss a paycheck, they should quit immediately, regardless of what I say at the time. I tell them not to believe me if I say it will get better. I've never seen things get better for a company once they stop being able to make payroll. I don't suppose that the visual effects business is any different than any other business in that respect. Once you start digging a hole it becomes increasingly impossible to ever get out of it.

    The problem is, that once a company starts foundering, the founders often begin to lose touch with reality and start making promises that they can't keep -- whether or not they know that is not really an issue. The hole is not only financial (although that's a big enough hurdle on its own) but it's also bad will, that is, the accumulated acrimony festering within the company.

    thad

    --
    I love Mondays. On a Monday, anything is possible.
    1. Re:I run a company and... by qurob · · Score: 1

      I've worked for small IT shops, and I would personally bail the first week I didn't get a check. (assuming I had another job, or at least something else to do)

    2. Re:I run a company and... by tommck · · Score: 2
      I've told my employees that if I ever miss a paycheck, they should quit immediately, regardless of what I say at the time.

      Did you learn that at the "Fight Club" school of management?
      Pretty soon your employees will have you holed up in a room trying to kill you. All the while, they'll be telling you that it was your idea :-)

      T

      --
      ---- It puts the lotion on its skin or else it gets the hose again. It does this whenever it's told.
    3. Re:I run a company and... by Creepy · · Score: 1

      My father-in-law builds commercial ovens for a living, and sometimes he goes months without a paycheck... then all of a sudden it's good times again and he's paid for that month and all the previous.
      You might think that the company was on its last legs, but they've been doing that for 22 years.
      OTOH, they have laid off all but 6 employees several times and those 6, including the owner, go unpaid until the customer pays for the contract. There are some up-front fees, but I'm pretty sure those don't go to the employees (probably used for buying materials and paying rent)

    4. Re:I run a company and... by Anonymous Coward · · Score: 0
      I've told my employees that if I ever miss a paycheck, they should quit immediately, regardless of what I say at the time. I tell them not to believe me if I say it will get better.
      That way you don't have to fire them and pay for three months (or whatever you have to pay employees when you fire them without their fault). You don't even have to pay them for the last month. Very smart. :)
    5. Re:I run a company and... by juu · · Score: 1

      I've never seen things get better for a company once they stop being able to make payroll.

      I have. A company I worked at had a project that employed 2/3 of the developers get cancelled (by the customer). Those developers were told they could do freelance on the company's computers, look for employment elsewhere or take the time off, but whatever the case, they won't be getting their paychecks for some time.

      Many quit to work elsewhere, but returned when the company started to do OK again. It is now stronger then ever.

      Morale - YMMV. OTOH - just because you hope yours will be one of the "happy cases" doesn't make it such... :).

  43. hahahaha by Anonymous Coward · · Score: 0

    Corporation.

    Criminally Liable.

    HaHaHaHaHaHaHaHaHaHaHaHa...!

    Mod the parent up: +1 Funny.

  44. Why stay? by brocktune · · Score: 0, Offtopic

    The programmers must have had bitchin' hydroponic weed to stay that long.

  45. How that happens by SuperKendall · · Score: 5, Insightful

    This happened to me at a company I worked for in Texas - it was a very, very small company I worked at right after college. At first they slipped a paycheck or two and then made it up... but after a while they slipped more and more and eventually they were four months behind on paychecks.

    How do you survive? Credit cards, the debt from which it takes you years to get rid of.

    Why do you stay? It's pretty easy to say (as many here have) "I'd be gone that month!" The reality is that sometimes you really like what you do and don't want to leave the situation. Sometimes you might not have very good options for leaving like if you just bought a house or were just finishing college there and would loose a bunch of credit by moving. Sometimes (especially starting out) your feelings are that you want to be a loyal employee and not abandon a company at the first sign of trouble (an easy feeling to have when your company is small enough that you know the owners well). Sometimes you are just young and inexperienced and don't really know when is a good time to leave.

    When I left I moved out of state, and since I was leaving for good I demanded they give me full back pay - which they actually did cough up. My condolences to these employees that may not see anything from this at all. Good luck and I hope you have better luck with your future employers!

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:How that happens by n7ytd · · Score: 1
      The reality is that sometimes you really like what you do and don't want to leave the situation.


      So what? Sometimes you have to do things you don't necessarily like. I personally would rather quit and take whatever job I passed on the way home rather than hang around and build up debt that would take me 10 years to pay off. But that's just me.

      Of course, if I had enough savings to ride out the storm and pick and choose my options, I would perhaps think differently. But I wouldn't "take one for the team" at the expense of my family.

  46. Why did they fail? by SuperDuperMan · · Score: 1

    With all the support behind Linux and all the demand for Linux games the premier company producing these very games goes bust.

    This companies problems making money selling Linux products will definately make other companies setup and take notice.

    1. Re:Why did they fail? by Anonymous Coward · · Score: 0

      Um, because the average sales of a title was less than 5000? For all the desire, the average attitude seemed to be: "What, I have to PAY for it? SCREW THAT! BOYCOTT!"

    2. Re:Why did they fail? by Anonymous Coward · · Score: 0
      Because of you, the poster above, the poster below and every single crackhead open source "everyhthing should be free as long as my parents are feeding me" kiddie h^xx0rz Slashdot Lunix [no that's not a typo] luser that didn't want to pay goddamned $30 for a good game.

      Plus the company sucked and the CEO and his wife are thieves. Not that you'd know that from the way /. idolized him.

      Other than that, it should have worked. We're really surprised that it didn't.

      Hope that helps!

      _____
      Hey - was than an emu? Hmmm...

  47. business sense by slam+smith · · Score: 1

    I don't understand why people would keep working for their employer when they aren't getting paid. You are better off working as a janitor and getting a paycheck (that doesn't bounce), than working for supercool company. The odds of it ever working out and getting a big payoff at the end, (or for that matter just getting paid) are so small, that it just isn't worth it.

  48. Wage slaves need not apply at startups by Ars-Fartsica · · Score: 1
    I work for one reason, money. The second I don't get a paycheck, I'm out the door.

    You are risk-averse. Startups are inherently risk-prone. Act accordingly.

    1. Re:Wage slaves need not apply at startups by catfood · · Score: 1
      I work for one reason, money. The second I don't get a paycheck, I'm out the door.
      You are risk-averse. Startups are inherently risk-prone. Act accordingly.

      "They might miss a payroll someday" is a risk. "They did miss payroll" is an actual loss to you.

      If they've missed a payroll, you're not behaving in a risk-averse manner. You're behaving in a loss-averse manner.

    2. Re:Wage slaves need not apply at startups by EnglishTim · · Score: 2

      Taking risks is all about the possible benefits involved.

      If all you're getting is your wage (or rather, not getting it...) - get the hell out, startup or not.

      If you're going to miss out on a payslip, you'd better be damn sure that you're getting a big bunch of money some other way later (i.e. stock options etc...)

    3. Re:Wage slaves need not apply at startups by Anonymous Coward · · Score: 0

      the risk is of a loss.

  49. Loki cut too many corners by Anonymous Coward · · Score: 0

    Loki continually cut corners in how they did business. Withen four months of putting out a game port, they would become sluggish in putting out ports of patches which several times effected interoptablity of network game play. They even went as far as to never include the required written notification that LGPL works (such as glibc) where included in statically linked binaries. It wasn't that Loki didn't know about the LGPL (they put out works themselves under the LGPL) but full compliance with the LGPL was just yet another thing they didn't have time for. So... they screwed their employees too. Why am I not surprised? They screwed their customers (tried to play that $50 Loki Tribes2 against a true up to date Windows Tribes2 player lately?), they screwed Free Software advocates by blowing off LGPL requirements, and they also screwed their employees. Sounds like Scott Draeker was an unbias all around screw-you-over type of guy. And we are supposed to take his word for it as to if TransGaming is good or bad for Linux?! With "friends" like Scott Draeker to screw you over, who needs enemies?

  50. HaHaHa by Anonymous Coward · · Score: 0

    Loyalty.

    Company.

    HaHaHaHaHaHaHaHaHaHaHaHaHaHa...!

    Man that's funny.

    1. Re:HaHaHa by Anonymous Coward · · Score: 0

      He put it as a joke, but its true. Your first loyalty always has to be to yourself and family.

      Everything else. EVERYTHING else is 2nd.

      And a boss that tries to tell you otherwise is a lying sack of shit.

    2. Re:HaHaHa by Anonymous Coward · · Score: 0

      So in other words.. ALL bosses are lying sacks of shit.

    3. Re:HaHaHa by Anonymous Coward · · Score: 0

      Not all. I've worked with a lot of people with integrity.

      And I've noticed that over the long run, the people with integrity have tremendous success and loyalty from the people who work for them.

  51. Loki wasn't an Open Source company by Sloppy · · Score: 4, Insightful

    This is BAD FUCKING PRESS for the OSS development community

    Um, except that Loki's main products were closed-source conventionally-licensed games. Yes, they did release some libraries (e.g. SDL, OpenAL) under GPL. But those were just a building blocks for their main business: selling conventional, commercial software in exchange for money.

    If OSS somehow does get tainted by the Loki story, then it really is dishonest FUD. Loki never had (or claimed to have, that I know of) an Open Source revenue model.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    1. Re:Loki wasn't an Open Source company by Anonymous Coward · · Score: 0
      Loki did not have an Open Source business model. Loki tried to be as good of a member of the community as we could, within the constraints of the game licenses. So, all of our tools were released for general use, and some projects received huge amounts of time, effort, testing, and development (SDL comes to mind...).

      Loki also significantly advanced the 3D driver area, primarily by providing non-trivial test cases (3D games). When Loki started releasing games, you may recall, the only 3D under Linux was a couple specific Voodoo boards running a hacked up Mesa with Glide hooks.

      Utah-GLX and DRI both owe a lot of interest to the 3D games (Heretic 2, HG2, SoF, Descent 3, Tribes 2, Rune, MindRover).

  52. Where the money comes for salaries? by tuoppi · · Score: 1

    I have a feeling that when salaries weren't paid, it wasn't because people paying salaries were evil, it was because they didn't have anywhere to get that money from.

    You have to sell products in order to get income - It looks to me that Loki was based on trust on community to buy the games if they make them. I've bought their products, and I am happy about them, even if they are not free. They are good products for platform that is free and kind I like.
    People should rethink before they apply the "all software should be free"-card on recreational products, they might be the ones draining the well.

    I hope none of you did pirate those fine products.

    1. Re:Where the money comes for salaries? by Anonymous Coward · · Score: 0

      I think you have a gross misunderstanding of "free" software.

      Nontheless, my guess is that the originally money came from VC's the company had too big an overhead and then had a cash crunch.

      Pretty common, except the employees in this case thought they were on a mission from god and cheated themselves.

  53. let he who is without sin cast the first stone by rootofevil · · Score: 1

    and this is different form when the Windows bigots come around toting XP as the best thing since sliced productivity? and then dont say a damn thing when the UPNP remote root exploit is discovered?

    or how mac users come around and show off hot new hardware and OSX and such...and then fail to realize they have 10% market share?

    i use and love (well i dont love windows, but its necessary) all three operating systems in their own right. each has a place, and each has its triumphs as well as mistakes. companies are good, companies are bad (and some are downright evil). you cant go around saying things like that without a small reality check.

    judge not lest ye be judged.

    --
    turn up the jukebox and tell me a lie
    1. Re:let he who is without sin cast the first stone by zzyzx · · Score: 2

      Where do you get 10%. That's twice as high as the reported market share of 5%.

    2. Re:let he who is without sin cast the first stone by rootofevil · · Score: 1

      errr i meant less than 10%

      --
      turn up the jukebox and tell me a lie
  54. "What has befallen my people?" by ishmalius · · Score: 1

    The first words of Heretic II seem prophetic.

  55. Information may want to be free... by Anonymous Coward · · Score: 0

    ...but programmers sure don't.

    I'll bet all the guys cheated were under 25.

    By the time you hit 30, you realize its just a job and *you want to get paid*.

  56. Paid in Loans? by Sir+Tristam · · Score: 5, Informative
    During at least part of the period when employee payrolls were not met, Loki sometimes gave employees "advances" on salary owed. Former employees say that these advances were in the amount of their net pay; the benefit to the company was that federal and state taxes on the payroll were not paid, because the money was treated as loans rather than pay.
    If I were a Loki employee that received one of these "advances", I'd make plans to talk to a lawyer, because the screwing might not be over. If these payments were actually made with the understanding that they were loans against future salary payments, the bankruptcy court might view the amounts as monies owed to the company, and thus an asset of Loki. If so, the employees might be required to repay the full amount, and then file as creditors for the amount of their salary owed (Pay back $1, get back $0.10 if you're lucky.) I would think that a 1099 for the 2001 tax year for the amount of the advances received would be evidence that the advance amount had been forgiven, so the emplyees shouldn't have to worry about amounts advanced in 2001; however, the court might still consider any of these advances made in 2002 as loans. IANAL, but I would think it would be prudent to talk to one in this situation.

    Chris Beckenbach

    1. Re:Paid in Loans? by coyote-san · · Score: 4, Interesting

      This isn't an idle concern. A while back a Ponzi scheme went under, and the person in charge of the bankruptcy demanded everyone who had received a check in the past 6 months (?) return the money.

      That sounds good... until you realize that many of these checks were refunds on the original investment that were immediately reinvested. (The basic idea was that people would invest $1000 and get a post-dated check for $1200.) There was no allowance for that reinvestment, so an initial $1000 deposit could incur a demand for many times that.

      The investors shouldn't count on getting back 100 cents on the dollar, but even getting zero cents back on the dollar is far better than losing an additional $3-10 on every dollar invested because the bankruptcy master is a moron. Or a greedy bastard, since her fee was a sizeable percentage of all money put back into the pool.

      It was so bad that some investors committed suicide. And who could blame them - the bankruptcy master had sued them for their house, car, and all personal property to satisfy this "debt."

      Bottom line: if you are owed back pay, you must insist that you receive a paycheck, not a loan.

      --
      For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken
    2. Re:Paid in Loans? by Fjord · · Score: 1

      Can you give me some more info on this? I understand what you are saying but I'm trying to find some cases where the "salary as loan" has occured and what happened in that case. The reason I'm interested is because some people at my work are in the same boat (I'm not, thankfully)

      --
      -no broken link
  57. Easy. by Unknown+Poltroon · · Score: 1

    Pay everyone fairly. MY coworker makes more than i do, thats fine hes better than i am. If hes not, i discuss it with the boas, and ask to be paid more or equal to him, and if the answer is no, i get the reasons why. If i agree, than i keep my current pay scale, if i disagree, then i start looking for another job somewhere else.

    --
    All Troll + "offtopic" mods are meta moderated as "Unfair", because you abused the system.
    1. Re:Easy. by borgheron · · Score: 1

      It's easy to say "pay everyone fairly" as an employee. It's much more difficult to justify as an employer. When someone comes in and you ask them "What are we looking at for salary?" it would be *foolish* in the *extreme* to tell them, "No, that's sounds low."

      As an employer you are looking to maximize output for a minimum outlay of cash. It is up to the *employee* to determine when and if he/she is being paid fairly for his/her services.

      GJC

      --
      Gregory Casamento
      ## Chief Maintainer for GNUstep
    2. Re:Easy. by Iffy+Bonzoolie · · Score: 1

      It's arguable that you are then creating a corporate environment of internal competition and second-guessing that ultimately leads to a loss of productivity. Having a healthy environment is probably worth the extra money that a company might be able to scam off the employees, if they looked at things in the long term.

      Employers don't believe it, but turnover, at least at the engineer level, is quite expensive... much more expensive than keeping employees happy. It's just not immediately obvious that this is the case.

      -If

      --
      Run a pencil-and-paper RPG campaign with your far-off friends: Gametable!
    3. Re:Easy. by 5KVGhost · · Score: 1

      "As an employer you are looking to maximize output for a minimum outlay of cash. It is up to the *employee* to determine when and if he/she is being paid fairly for his/her services."

      Yes and no. A good employer recognizes that minimizing expenses doesn't necessarily equate with maximizing output. Paying an employee a bit more is very much worth it if it saves you the expense, time, and lost productivity of training a replacement.

      It also means that your employees aren't constantly paranoid about being manipulated in whatever way may happen to maximize output this week. Money isn't everything, after all.

    4. Re:Easy. by NDPTAL85 · · Score: 1

      This entire line of reasoning is amazing. What kind of world are you living in? Is this how all geeks think? You don't need to know how much your co-workers are getting paid. Not only is it none of your business, its not going to help you in the long run. There aren't enough noble people in the world who will say "Oh yeah he's obviously a better worker than I am so he deserves more".

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    5. Re:Easy. by Sir+Robin · · Score: 1

      If you have stated, definable, measureable goals, objectives, or output, it doesn't matter what you (or they) think. If you have a higher level of output, you get more. If s/he has a higher level, s/he gets more. If you have more experience and do less anyway, guess what? You get less. Or, perhaps, you should renegotiate the measurements. :) But the other guy can play that card, too.

      --
      My /. ID is only 5,210 away from Bruce Perens's.
  58. My guess: by kwashiorkor · · Score: 3, Insightful

    By being nothing but open and honest about why employees are paid the amount they are paid. Start with clearly defined roles and responsibilities then add clearly defined performance metrics. It's almost self managing because everyone has an idea of what everyone else is supposed to be doing to earn what they are earning.

    --
    -- kwashiorkor --
    Leaps in Logic
    should not be confused with
    Jumping to Conclusions.
    1. Re:My guess: by zulux · · Score: 3, Insightful

      By being nothing but open and honest about why employees are paid the amount they are paid.

      Yep! Coulden't have said it better myself.

      Anytime a company needs to keep salery levels hidden, it's beacuse someone in the company is getting screwed. The levels of pay tend to be flattened - I (the owner) don't make much more than average. But it's worth it.

      I have a theory, that after a certain level of pay (say around $50K a year) - you happiness in life is determined not by money anymore, but by the choices you make. I make more that $50K - so I'm happy, and by me not cheating others, more people around my are happy.

      So in short, open salery keeps jelousy down and trust up. And it has the added benifit of me (the owner) not screwing my friends.

      --

      Moneyed corporations, non-working 'poor' and criminal prisoners are turning productive citizens into tax-slaves.

  59. Good luck holding on to the IP... by gnovos · · Score: 2

    Loki's investors probably think that they will be able to grab whatever IP is left over once the company vanishes for good, maybe they will add it to thier VC vaults... But, since the employees weren't paid, I don't think you could actually call them employees at all. So all of the NDA's and employment contracts are null and void, it's all bad faith. If they hope to touch the leftover IP, they had better pay the employees pretty quick.

    --
    "Your superior intellect is no match for our puny weapons!"
    1. Re:Good luck holding on to the IP... by Anonymous Coward · · Score: 0

      Any IP that came out of Loki isn't worth the media that its written to.

  60. Balmer is touchy-feely by linzeal · · Score: 0, Flamebait

    Balmer is the sort of man that you expect to spontanously touch you and maybe give people backrubs when he walks by. Balmer should by all means be confined to a hippy programer commune for the duration of his methaphetimine days.

  61. Scott Draeker's wife's web page by east_bay_pete · · Score: 2, Informative

    If anyone cares, Scott Draeker's wife (Kayt Draeker, aka Kathryn Rosa Sorhaindo Draeker) has a web page.

    She's the one that was "listed in corporate papers as the company's secretary".

    1. Re:Scott Draeker's wife's web page by Anonymous Coward · · Score: 0

      I love her web page when it says:

      "I was once the most fingered person at Stanford."

      Yeah great. Everybody's hands smell the same at Stanford.

    2. Re:Scott Draeker's wife's web page by Anonymous Coward · · Score: 0


      She sounds like a real bitch.

    3. Re:Scott Draeker's wife's web page by imnlfn · · Score: 1

      Hey! She was a year ahead of me at Stanford!

      It took me a while to realize this, but when she says "fingered", I believe she means "fingered".

    4. Re:Scott Draeker's wife's web page by Anonymous Coward · · Score: 0

      She mean flipped off or diddled? I hate this kind of ambiguity.

  62. Oh, and by griffjon · · Score: 1


    damn those people for working on Linux projects without getting paid for it! What were they THINKING??? Giving away their work hours like they were free beer!

    Some people just don't understand capitalism, I swear.
    </sarcasm>

    --
    Returned Peace Corps IT Volunteer
  63. IT'S NOT THE GOV's JOB!! by Anonymous Coward · · Score: 0

    That's how the market works. Those Loki employee's didn't have to work for Loki in the first place. It was a startup and venture a small business if you will. They also didn't have to hang around after things got rocky. This is how the strongest economy in the world works and should continue to work. If the governments going to bail out every failing business and their employees then we may as well stop working!

    1. Re:IT'S NOT THE GOV's JOB!! by Skyshadow · · Score: 2
      If the governments going to bail out every failing business and their employees then we may as well stop working!

      I think you misread: the Canadian system allows the employees to go after the management, not for them to be reimbursed by the government. This prevents debacles like Enron where the top dogs walk away with millions by fucking the rank-and-file.

      It's not like this is without prescedence; the whole civil law system is based on making people pay for doing crummy things to other people. If I steal your car and wreck it, you can sue me to force me to buy you a new one. You seem to be saying that it's my fault the car got stolen in the first place.

      I believe in the existing US system, the employees who are owed money get first crack at what's left in a bankruptcy. Canada just takes it a logical step further; here we have to have the SEC investigate and freeze excessive bonuses and pay, like they're going with the Enron execs. Sure, it's not the bullet in the head they deserve, but at least it's something.

      --
      Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    2. Re:IT'S NOT THE GOV's JOB!! by krlynch · · Score: 2

      the Canadian system allows the employees to go after the management, not for them to be reimbursed by the government. This prevents debacles like Enron where the top dogs walk away with millions by fucking the rank-and-file.

      Only that isn't what happened either here or in the Enron case, from the news reports. People were perfectly content to do stupid things for Loki (VOLUNTARILY) without pay when they mistaken believed they would be paid back later. People were perfectly content to do stupid things with their retirement savings in the Enron case when the stock was flying high; that they lost everything is their own damn fault, because contrary to what the talking heads are saying, there was no "requirement" that they park their retirement fund in Enron stock (the laws in the US ALREADY forbid that kind of requirement).

      When I was a young lad I figured out that you watch what other people are doing, not what they are saying, and if it sounds too good to be true, it probably is: "I can't pay you now, but TRUST ME, I'll pay you later, OK?" or "The stock price will NEVER fall, TRUST ME". I would have been out the door that day, and if I wasn't, and got what was coming to me, why should I expect other people to lose sleep over it? The top dogs walk away with millions because they are smart enough to diversify and NOT blindly trust what they are being told; they may well be dogs, but they didn't fuck anyone that didn't bend over and say "Please sir, do it to me again!"

    3. Re:IT'S NOT THE GOV's JOB!! by PeeOnYou2 · · Score: 1

      As much as I hate what has been going on with all these companies, I have to admit that I agree with you. People have to have their own brain.. they gotta be suspicious of everyone, and basically look out for their own well-being when things are looking either too good or too bad. If they don't, in the end it is basically they're own fault for trusting someone who was only looking out for THEIR own well-being... catch the drift?

  64. Well, well by rabtech · · Score: 2

    "Buy piracy doesn't hurt anyone. IT's not like they'll miss one copy..."

    Right.

    --
    Natural != (nontoxic || beneficial)
    1. Re:Well, well by ZxCv · · Score: 2

      Pleeeeease. I simply find it hard to believe that Loki's death was because of the rampant piracy of their software. Any software company that can't survive despite piracy of their software has problems to begin with. There are numerous small software shops that survive just fine despite such piracy. I'd bet any sum of money that Loki's demise came from mismanagement and nothing else.

      --

      Perl - $Just @when->$you ${thought} s/yn/tax/ &couldn\'t %get $worse;
  65. Are the Loki guys Russian ???? by CDWert · · Score: 2

    This kills me, first, it seems more like they were investors than employeeds, 350k isnt exactly a months salary even for me :)

    Ive taken cuts and once a pay period delay, why, I belived in the company, knew the books, and knew 2 weeks from then Id be paid plus a bonus for my inconvinence.

    Continuing on a path with no end in sight seems more like an investment and is probably aruably not covered by the employment laws. Not that they cant recover it just may be a wee bit tougher.

    I saw a documentary on the Russian Nayv, a western news crew walks onboard a battleship in dock, they can only find ONE , that it ONE crew member and his family living in the ship, they ask the guy why he stays for 7 months with no pay, he answers with a confused look. "What happens if one day I dont show and we get paid ?" he was absolutley confused by the reporters question, we are after all talkking about a fellow that not too long before and his whole life had to stand 8 hours in line for toilet paper.

    But why show up ? Were these Loki guys afraid one day they wouldnt show and everyone would get paid but them ?

    --
    Sig went tro...aahemmm.....fishing........
    1. Re:Are the Loki guys Russian ???? by ctid · · Score: 1
      This kills me, first, it seems more like they were investors than employeeds, 350k isnt exactly a months salary even for me :)


      Did you misread the article? It says they haven't seen a paycheck since late 2000. Loki filed for bankruptcy in August 2001. So somebody is out $350k for nine months work. That sounds pretty reasonable to me.

      --
      Reality is defined by the maddest person in the room
    2. Re:Are the Loki guys Russian ???? by Anonymous Coward · · Score: 0
      But why show up ? Were these Loki guys afraid one day they wouldnt show and everyone would get paid but them ?


      That happened, actually, one day. One guy was on leave, and didn't get an "advance" when the rest of us did.

    3. Re:Are the Loki guys Russian ???? by Anonymous Coward · · Score: 0

      I worked for some dot coms which owed me money and one of the biggest things keeping me there was that they were always "really close to getting funding." They are still working on first round funding and have been on life support for a few years now.

      Two other reasons for sticking with them for over a year: 1)I had developed a very complex financial model of the business which had to be updated anytime investors were looking at the business. Unfortunately, I was the only person with the skills to update the financials. Therein lies the rub, the money they owed me could not be paid unless they got investment and they could not get investment unless I continued to work on the financials. 2) I also thought that if I was a dedicated and loyal employee I would be paid first before other creditors should funding ever be received. Fortunately, my girlfriend had more sense than me and insisted that I quit doing work for start-ups which owe money.

      I now have them as a client and only work on the financials when they can pay me up front for the work. In the meantime, I am back at a "real" company 9 to 5 and loving it.

  66. Heh. by Anonymous Coward · · Score: 0

    The employee used his or her personal credit card.

    Smart move. No, really, that's very, very smart.

    Call it zealotry, call it stupidity, call it what you want, but never rake your own arse over the coals over a 'Linux' company.

  67. Even worse than my suspicions... by Dr.Dubious+DDQ · · Score: 2

    Honestly, after the slashdot article on the "interview with Scott Draeker", I commented on Draeker's statement that his plans were to "recharge" for a while before looking for work again, wondering how it was that he had enough money to "goof off" for a while when many of the employees weren't getting paid (and one of them had to pay salary with his own credit card while Draeker was, evidently, sitting on plenty of his own money...)

    I was kind of hoping that the answer was "Mr. Draeker was a millionaire before he started Loki", or at least confirmation of my suspicions. I got one "he was probably just being careful with his savings" (a reasonable answer), and a bunch of "-1 flamebait" moderations...

    Reading this article, it looks like things are even worse than I thought. Yuck. Any chance that the employees (who actually did the WORK of making these games I bought from Loki available for me) have any legal recourse to get at least SOME of their money from Draeker?

    If nothing else, it'd be nice if someone like "linuxgamepublishing.com" (who appears at the moment, if nothing else, to need a web programmer :-) [currently getting a PHP error on their main page as I write this]) could pick up a few of the employees.

    The most tragic part of the Loki affair, in my opinion, is the fact that in effect, a bunch of talented people are being "punished" for working with a Linux game company...

    1. Re:Even worse than my suspicions... by jedidiah · · Score: 2

      Lawyers in general tend to be considerably more well paid than the average IT geek. If he had a successful practice before starting Loki then he was most likely a millionaire to begin with.

      $500K net per year is not out of line for a lawyer with a well established practice.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  68. WINDEX by Anonymous Coward · · Score: 0

    haha.. it's broken

  69. Blame? Goverment, management? Yourself! by Anonymous Coward · · Score: 0

    As usual it seems a lot of people want to assign "blame" to someone for this - be it a managment (who I admit might be evil - I do not know enough about the situation to say), government (ie. "canada protects its citizens), etc.

    However as with EVERYTHING IN LIFE - you should learn to rely on one person - yourself! "Until men become angels" it is very foolish to rely on good company management, good governement, good laws or anything else to protect you from harm.

    You should rely on yourself. If a person/company/etc. chooses to be corrupt then they will find a way. Do you think government officials can't be bribed (even in the wonderful land of Canada!)? New laws are very seldom the way to handle any problem. You need to rely on yourself to decide how much risk you want to take, move forward and then not complain if the risk does not end up good for you!

    1. Re:Blame? Goverment, management? Yourself! by Anonymous Coward · · Score: 0

      As hard and harsh as this sounds to many people, this is ultimately the best advise.

      Don't rely on other people's good nature, simply be pleasantly surprised when others act morally and do the right thing.

      Be honest yourself, but expect others to lie.

  70. huh? by BattleTroll · · Score: 0

    Let me see - employer is not paying me, so I'll loan it my credit cards to rack up huge amounts of debt? Someone's an idiot here - anyone working for free since 2000 should know better than to hand off the credit card.

    Here's a rule to live by - you're not getting a pay check? Time to find another job.

  71. how to develop linux games & thank you by ddt · · Score: 2

    Like most other Linux software, Linux games should probably be released for love, not profit.
    There are important requirements if you're going to do this:

    1. It had probably better be a 2D game. Sorry, but 3D drivers on Linux simply can't keep up with the breakneck development pace of 3D driver development on Windows. Requiring 3D gives you a tiny slice of a market that's already a niche.

    2. Release the source code. If you're afraid to do this, don't make the Linux port. You do not have to release the levels, models, textures, animations, sounds, sprites, or any other artistic source or even components. A giant "wad" file is just fine.

    3. You should release the Linux port simultaneously with the Windows product. Just developing it simultaneously is a huge boon to bug isolation, and when you release the source, you'll get passionate Linux hackers extending, optimizing and debugging your code for free. Remember: you're selling the data, not the code.

    Whatever Loki did wrong, I want to thank them for essentially sponsoring Sam Lantinga in his development of SDL.

    I'm out there talking to publishers regularly, and just so you know, Linux games aren't the only games that are suffering. Publishers are shying away terribly from Windows game development now. They're throwing every penny they have at consoles.

    =-ddt->

    1. Re:how to develop linux games & thank you by PatJensen · · Score: 2
      Aren't you the Linux grand master sensei that did the Quake 1 Linux port? If so, thank YOU and keep up the good work!

      -Pat

    2. Re:how to develop linux games & thank you by Anonymous Coward · · Score: 0

      Funny, my Unreal Tournament runs way better in Linux than Windows on the same machine with my drivers from NVidia.

      What game companies need to do is to hire a contractor to port their game to Linux. Id did this with Zoid and it worked great. RTCW have developers that port in their free time to Linux. Game companies don't need to release the source code, they just need to release binaries.

      BTW: Releasing game source code is the fastest why to screw up multi-player games. Wasn't Quake flooded with cheats when they released the source code?

    3. Re:how to develop linux games & thank you by T5 · · Score: 1

      Develop all games in 2D for Linux? Exactly what's wrong with OpenGL? How is DirectX so superior as to condemn Linux to Flatland? Market share? XBox "consolability"?

      There are a few other good titles out there that have been developed in OpenGL. Tuxracer and Unreal Tournament are two that come to mind that I've enjoyed on Linux for a long time, both excellent examples of what an Nvidia Geforce series card with vendor support and OpenGL can accomplish.

    4. Re:how to develop linux games & thank you by reflective+recursion · · Score: 1

      GeForce drivers are wonderful, but if you have ATI expect to _never_ see a driver for your card (unless they have changed dramatically since I had a mach64). ATI, I assume, has at least 1/3 of the consumer 3D graphics market with Radeon.

      OpenGL isn't much good if you don't have an acceptable driver for your 3D card.

      --
      Dijkstra Considered Dead
    5. Re:how to develop linux games & thank you by T5 · · Score: 1

      Just a quick perusal of the enthusiast gaming sites shows a renewed interest in the ATI products, especially the Radeon 8500. While ATI historically have shown themselves to be less-than-willing to provide quality drivers on a timely basis, there are glimmers of hope with regard to what they see as their best chance to challenge Nvidia for gamer mindshare.

  72. Why I WON'T give /. my money by Anonymous Coward · · Score: 2, Insightful

    How the hell did THIS get modded up? And how does anyone find it funny? This is drivel. There's no content to it.

  73. Open Salaries by csmacd · · Score: 1

    Most Federal and State employees in the USA are paid according to 'scale' - essentially, everyone at the same level has the same salary, although I think there is some variability within each level.

    So, it's not always about keeping salary information confidential.

    That said, I once left a job because my supervisor made 5x what I did, worked at home, and I was in the office each morning at 7:30AM to answer at least 5 helpdesks before any of the other IS staff arrived. Got a 4% raise for it, too!

    --
    Don't pick up the pho*(@)$*@&@!@ NO CARRIER
  74. just a question..... by usmcpanzer · · Score: 1

    ....but where does one get $350,000 in credit card limits?

    1. Re:just a question..... by Forkenhoppen · · Score: 2

      The $350,000 in question was split between credit card debt and his back pay. It was not exclusively from the credit card.

      That having been said, if you really want to know how you can obtain a debt of $350,000 on your credit card, simply max out a $3000 high interest rate credit card, and wait a year. It ain't as hard as you might think.

  75. Future Darwin Award winner by Anonymous Coward · · Score: 0

    If the guy who gave Loki his credit card commits suicide, he deserves a Darwin award.

  76. What a shame by Radical+Rad · · Score: 1

    Too bad they didn't IPO during the dot com boom. With lots of capital maybe they could have hung in there long enough for the market to grow and eventually become a viable company.

    1. Re:What a shame by Capt_Troy · · Score: 2

      Yea, but sounds like this company was mismanaged to a large degree. More money could possibly have lead to even more problems... Unfourtunatly.

    2. Re:What a shame by Scottaroo · · Score: 1

      It wouldn't have made much of a difference. Draeker would just have made off with that much more money and the employees would still have gotten shafted.

      --
      ----------
      If your answer is Microsoft, you obviously didn't understand the question.
    3. Re:What a shame by bunnerabb · · Score: 1

      The above comment should have posted under Bunnerabb. Thank you.

    4. Re:What a shame by Anonymous Coward · · Score: 0
      It was tried. The paperwork wasn't completed before the Linux bubble burst. So instead of riding an IPO, the president hid the remaining assets and bailed as best he could.

      The IRS has a name for this approach: "Pyramiding", and it's tax fraud and quite illegal.

      Sadly, the local office is not interested in pursuing the criminal activities (they've been contacted), and one wonders if it has something to do with the Loki president's associations with the Orange County Republican Party.

  77. Ex-employer is 10x better in a similar situation by RoadWarriorX · · Score: 2, Interesting

    I was happily employed by a local, family-owned tech company, call it company 'X'. Because of a non-payment of a large sum for goods and services, provided by company X, to a company in another state, the company fell into deep debt.
    Upon this fiasco, company X notified all employees that the owners of the company, a few employees (the management is mostly related to each other) decided that they will take a cut in salary to keep key employees. I was one of them. Some employees left voluntarily to pursue new business opportunities. However, I was starting a family and was looking for an upgrade in pay. It was obvious that I was not going the get it.
    However, I stayed until September of 2001, about 9 months after the fiasco started. Right before I left though, I check the quarterly financials. What the management of company X actually DID what they said they were going to do. The president of company X did not draw a salary for 2001. The vice president drew around $10000. Some of the upper management worked part-time. They all made sacrifices just to keep a team on the payroll. They are still in business today, trying to survive in a tight market. I would respect company X forever.
    The point is that Loki had a decent business model, and they had a niche market where they could be revolutionary. They got greedy, and cheated their hard-working employees, and ran their company into the ground. I have no respect for that.

  78. Re:Credit Card Disputes by Yekrats · · Score: 1
    Could this employee not file a dispute with his or her credit card issuer? Or is there a 'statute of limitations' of sorts in typical card-issuer fine print?


    Well, I'm pretty sure Visa and MasterCard are both 90 days. (I used to work as a credit card customer service representative a few years ago.) However, I don't think a dispute procedure would help here.

    This would be a complicated case. If the credit card was in the company's name, then the credit card company should charge it off as a bankruptcy.

    If a person used their own personal card to charge things for the company, and the company did not reimburse him, then tough luck. That's like saying, "I bought some stuff for my roommate, and he never paid me back. Can I get those charges taken off my bill?" The card issuer is going to laugh in your face. It won't care if your business or your roommate made the charges. Of course, the second that the word "bankruptcy" is mentioned, the account will likely be frozen, either way.

    Best of luck, guys. Sorry to hear the awful news...

    -- Yekrats
    --
    Ceci n'est pas une pipe.
  79. Not a good idea by Anonymous Coward · · Score: 0

    You may feel safer, but you are exposing yourself to a lot of risk. If the company goes belly-up, and they know you have the equipment, you can expect a polite call from the bankrupcy court to return their property. Refuse, and the sheriff stops by to recover the stolen property, and/or haul off your sorry ass.

    Meanwhile, you can get in line with all the rest of the creditors to get back a few pennies on the dollar.

    Moral: do NOT loan your employer money. Ever.

    1. Re:Not a good idea by Anonymous Coward · · Score: 0

      Well, I know a few people who worked at dead dotcoms, and nobody ever asked them to return equipment. Usually, companies that fucked don't exactly have super good inventory control in place, and it's not worth sending a repoman out for a machine that has a auction value of $300.

      Funny how the writing on the wall was always a To: Everyone e-mail reminding people not to steal the computers.

  80. Uhh, CmdrTaco? by Anonymous Coward · · Score: 0

    If VA Software has been sending you guys 1099s and "advances" in lieu of wages, this might be a good time to bail!!

  81. Are you stupid, or something? by Anonymous Coward · · Score: 1, Informative

    I had always wanted to consider Loki one of the "good guy underdogs". A company to root for.

    The company's business model was based 0.24% of the desktop market. Among that 0.24% are 0.24% that would pay for software. Definitely NOT a company to root for.

  82. Thats not the law by partingshot · · Score: 2


    Not if its employment compensation and you are an employee,
    in which case you go fill out one of these
    and then watch the irs do a little shafting on your employer.

    --
    Anonymous posts are filtered.
  83. Offtopic - Penguins! by Anonymous Coward · · Score: 0

    Norway Refuses to Liberate Penguins

    OSLO, Norway (AP) - In a rare display of bureaucratic joviality, the justice ministry on Friday formally rejected independence for one of the world's most remote islands and the liberation of penguins.

    The demands came from a group calling itself the Norwegian Support Group for the Liberation of Bouvet Island, inhabited largely by seals and penguins but no humans. Norway claimed the Antarctic island in 1927.

    The group _ possibly just one person _ also demanded the release of penguins in zoos and decent burial for a stuffed one in a museum.

    Justice Ministry senior official Morten Ruud conceded that he didn't know anything about the group's background.

    ''Obviously it's a joke,'' he said. ''But if someone takes the trouble to write a funny letter, I must be allowed to write a funny one back.''

    In his two-page letter, Ruud said he could not grant independence partly because the group claimed to represent only the penguins, the island's minority population when compared with seals.

    ''There is also a strong form of local democracy,'' he wrote, since the majority seals routinely chase the minority penguins to less desirable real estate.

    Ruud also said penguins held in Norway did not come from Bouvet Island and were not represented by the group.

    The 22.4-square-mile island is mostly covered with glaciers. It's about 1,000 miles north of the Antarctic mainland.

  84. Look at the company name... by Asikaa · · Score: 1
    Loki the Trickster:

    "THE most unpredictable and certainly the most dangerous god in the Northern pantheon was Loki. His activities ran from the merely mischievous to the blatantly malicious. Supremely clever, Loki ensnared everyone in complicated problems."

    I have to wonder if Scott Draeker sees himself as some kind of trickster and had some idea of all this beforehand. I don't know him, but the company name seems a little too apropos.

    --

    Asikaa
    Come in, twenty-seventy-seventy, your time is up.

  85. Loki Gnomes by antis0c · · Score: 3, Funny

    Step One: Port Games to Linux
    Step Two: ..
    Step Three: Profit!

    --

    ..There's a-dooin's a-transpirin'
  86. If they wrote NEW games for Windows... by Anonymous Coward · · Score: 0

    ...they would have had a better chance.

  87. Work should stop when the pay stops. by BStorm · · Score: 2, Insightful

    Back in 1986, I worked for a company called Xanaro Technologies. I joined the company to be part of building an integrated word processing, spreadsheet, graphics and flat database program. What made the product unique at the time was the ability to link data such that when data was updated in the spreadsheet, it would update the graphics. OLE before OLE.

    I joined in the spring all gung-ho and happy to work on a pontential Lotus killer. We believed in the product more so than the reality. The reality was in August we stopped getting paid. We continued to work for the next 3 months with no pay, subsiding on promises of next week we would be paid and that an investor was lined up.

    I left to go back to Toronto in late November, poorer and some what wiser. Belief in a product or company is great. When that paycheque is missed, the company has failed in it's obligations to it's employees. There may extenuating circumstances, but those circumstances never can justify the failure of management to meet a payroll.

    In my case the owner of the company lied to us. We believed his lies, because we were so caught up into doing something great! I still don't regret being conned, since I was so willing to be conned.

    What I was left with was an appreciation that unless I have written stake in a company, then all the verbal promises are worth nothing. As it turns out we the employees were not the only ones left holding the bag. PC-World sent out a massive Ability demo, the designer of the Ability box was not paid, and millions of dollars was wasted on ??? All totalled the development cost about $500,000 dollars Cdn.

    --
    Research is what I doing when I don't know what I am doing - Werner von Braun
  88. Collectors Item? by Anonymous Coward · · Score: 0

    I have a brand new, unopened copy of Loki Quake III Arena in the metal box, still wrapped in the shrinkwrap plastic. I wonder if it will someday have any collectors value. I bought it for $9 on the "discontinued items" bargain table at the local Best Buy store. The metal box looks pretty cool.... I've never bought any piece of software before that came in a metal box!

  89. Shouldn't that be Chapter 7?? by count_dooku · · Score: 1

    The linked article states that Loki is now filing Chapter 9 bankruptcy. IANAL, but shouldn't that be Chapter 7 (liquidation)?

    --
    For the book says, "We may be through with the past, but the past ain't through with us."
  90. The most telling statement... by sstamps · · Score: 2, Funny

    Founded by California intellectual property lawyer Scott Draeker

    I think that says it all.

    --
    -SS "Teach the ignorant, care for the dumb, and punish the stupid."
  91. Clumsy, sluggish little animal brains by Anonymous Coward · · Score: 0

    Seven spelling, grammar, and punctuation errors in twenty-five words.

    That's not a record for Slashdot, of course. In fact, it's not much worse than the average around here. That sad truth of the matter is that the average Slashbot has an IQ in the low nineties and an eighth-grade education. That eighth-grade education is worth about what a third-grade education ought to be. They can't read, they can't spell, they can't form a complete sentence, they can't express any but the simplest of thoughts: "Me haet bil Gaits!" That's about the best they can do.

    If you're wondering what led to the catastrophic technical and financial failure of Loki and of the Open Source movement in general, you've just found the answer: Read The Bell Curve . The answers are all right there. We all know that people of inferior intelligence can't write usable or even stable software, and we've all noticed that "Free Software" is rarely usable and never stable. What we learn from studies in the field of human intelligence is that these people can't afford to pay for software, either. People in the Slashdot "IQ bracket" work in convenience stores and the like. Who bought Loki's games? Nobody. Their target demographic can't even afford to pay for an operating system, much less video games to run on it. No revenue, no business. It's that simple.

    Loki hired semi-literate burger-flippers -- oh, excuse me, "free software evangelists" -- to create their products. No viable products resulted.

    What led the founders of Loki to believe that this was a viable business model? Nothing. Like the well-known penny stock VA Linux, they were cashing in on a craze. Their sole intent was to defraud investors. If you think Larry Augustin at LNUX has any goal but to grab the money and run, have a look at these numbers. He's been cashing out since day one. While he tirelessly flogs the stock to investors, he's selling every share he can sell.

    This is why the Securities and Exchange Commission recently (July 1, 2001) updated their regulations to state the following (and this is a direct quote, kids):

    "...statements by the issuing party indicating involvement in 'Free Software' or 'Open Source Software' shall be taken by investigators to indicate a strong likelihood of fraudulent intent.

    "Geeks" are a permanent underclass, condemned to economic irrelevance by low intelligence and lack of marketable skills. It's sad, but that's the way a free country works: The parasites don't get the goodies. So sorry.

  92. OpenAL by Anonymous Coward · · Score: 0

    What is going to happen to OpenAL?

  93. Stupid Employees... by Anonymous Coward · · Score: 0

    I have to ask this question; why the hell would anyone work for TWO YEARS without a paycheck?

  94. What the? by Servo · · Score: 1

    Who the hell works for free for that long? Didn't they have bills? Sounds like a bunch of stupid people for sticking around that long after not being paid. I'd refuse to show up if my employer stopped paying me. Its common sense. Apparently these moron's don't have common sense. I have no pity for their own stupidity.

    --
    A slip of the foot you may soon recover, but a slip of the tongue you may never get over. -Benjamin Franklin
    1. Re:What the? by Anonymous Coward · · Score: 0
      No one was ever more than four paychecks behind. It's not like we worked for six months with no pay -- it's just that the pay was a little spotty at times.


      And, yes, bills were hard to pay. I'm just now coming out from under the storm started by the whole fiasco. (And, yes, I'm kicking myself for hanging in to help my fellow Linux users, rather than selfishly bailing the instant something went a little sour. Sorry, guys, for helping you have games to play under our favorite OS. Next time I won't give my bit to try and help out. You've learned me good.)

    2. Re:What the? by Servo · · Score: 1

      4 paychecks? I'd be giving my resume a good sprucing up as soon as my first paycheck was late. The naivety of some people is amazing.

      --
      A slip of the foot you may soon recover, but a slip of the tongue you may never get over. -Benjamin Franklin
    3. Re:What the? by NDPTAL85 · · Score: 1

      I so hope that wasn't a pathetic attempt at a guilt trip aimed that those who are calling you what you are, a moron.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
  95. My heart goes out to Loki's employees by analog_line · · Score: 2, Insightful

    Gods reading all of this I'm getting flashbacks about all the crap I just got out of, being unemployed for 6 months until just recently, and with all kinds of shenanigans happening with my last paychecks and the severence, and I was laid off from a far more stable company (in theory).

    I know that everyone that's was left at the end is kicking themselves for not getting the hell out of there when paychecks started coming. All the people here going at them about it apparently don't realize that you are your own worst critic. The people who were working at Loki are certainly going through nine kinds of hell over what they did to themselves, and they're gonna be paying for it for a long time. Lets have the decency not to kick them in the head when they're down.

    My best wishes to all of them. You're gonna need all the luck you can get. May the gods take pity on you 'cause doesn't seem like anyone here does.

  96. Whatever! Ever hear of frequent flier miles? by glrotate · · Score: 2, Insightful

    I got a free flight to Hawaii by using my CC and having the company reimburse me.

    The moral is, don't expected to get paid by a company that doesn't make any money.

    1. Re:Whatever! Ever hear of frequent flier miles? by spazimodo · · Score: 2

      i get a free flight to hawaii by using the companies travel coordinator and giving her my FF number. You don't need to purchase the tickets to get the FF miles.

      --

      Fsck the millennium, we want it now.
      Millennium Crisis Line: 0890 900 2000 [calls cost 50p/min]
  97. Lots of PROFITABLE mac OS game companies by Anonymous Coward · · Score: 0

    There are lots of PROFITABLE Mac OS game companies.

    In fact millions fo game-purchasing consumers own macs.

    I think its hilarious that a company tried to focus on Linux gaming.

    ha!

    I knew they would only lose money.

    They might not have had the talent to program macs but they should have spent half hter resources on mac and half on linux and the mac game-porting income could have kept them afloat.

  98. 1099 instead of W2 and you were an employee = Sue! by Anonymous Coward · · Score: 0

    I hate lawyers but man the former employess of Loki have a case! If they were employees and not
    self employed then Loki could have been witholding taxes and this a a quick manuver on thier part to pocket some $$$. Were the programmers at Loki employees ? And why should they pay taxes on money they didn't recieve? It sounds like to me perhaps the employees should put down the loss on
    thier income tax. This is terrible.
    All I have to say is what goes around, comes around.

  99. What kind of moron... by rindeee · · Score: 1

    ...racks up company charges on his or her personal card. That's just plain stupid...I hope they learned their lesson.

  100. Don't cry for these people by Anonymous Coward · · Score: 0

    It has already been said by many so far, but does anyone really think a bankrupt company can support its employees? Is there anyone that is really that naive? Did anyone think that the employees were all going to be happy that the company went belly up?

    When you first miss a paycheck, the writing has started to appear on the wall. you are either being told something personally, or the company is not financially viable. The second paycheck you miss is the same as a pink slip, or there is imminent bankruptcy.

    Anyone that stayed for a third missed paycheck without actively looking for another job is either they guy with the stapler from "Office Space", or a very generous person.

    Even if you are dedicated to the company, it should have been relegated to volunteer status. come in and work on your projects in the evening, or weekends, or whenever you can spare the time. If a boss didn't respect this, he wasn't worth the effort to consider coming back for the second missed paycheck.

  101. Loki Employees believed in the company = stayed by MrJerryNormandinSir · · Score: 1

    Man.. don't forget that most of the programmers at Loki were kids just starting out. And they believed in what they were doing and honestly thought they'd get paid. I worked for an ISP as
    engineer and some employees got paid with shares of stock. when times were tough (I refused, they needed me so I got paid). Well as time went on a friend was asked to sell his share back, he held out and didn't sell right away and demanded more money. This wasn't publicly traded stock, this was
    actual shares of a provate company... anyway
    He got it what he wanted. So.. sometimes we don't know the whole story. Perhaps the loki employess were promised part ownership in the company.
    I hope some former employees sppek out here on
    slashdot. I'd like to know.

    1. Re:Loki Employees believed in the company = stayed by Anonymous Coward · · Score: 0

      Standard sign on package when I joined was 10k in shares (options) after 1 year.

      When I left, Scott hinted to me "You'll lose out on your options..."

      Hrmph

  102. Summary by Anonymous Coward · · Score: 1, Insightful
    1. This is a genuine shame for all those employees who got stiffed.

    2. This is what happens when you mix a tiny, pathologically cheap market with ethically challenged businessman wannabes: A failed company and lots of innocents getting hurt.

  103. 1099s? That bugs me. by Yekrats · · Score: 4, Informative

    But it doesn't surprise me. Some companies are slimy like that. Heck, it happened a couple of years ago to my wife.
    Fortunately for us, the IRS has pretty stringent rules on who is and is not a contractor. If it's called into question, there's 20 Guidelines which the IRS uses to determine if a person is self-employed or an employee.

    If you think you're an employee, but your employer dodges their own taxes by handing you a 1099, you can petition the IRS to look into it. Check out Form SS-8.

    --
    Ceci n'est pas une pipe.
  104. Daft B*stards! by cmkrnl · · Score: 1

    How fscking stupid can some people be? You dont get paid, you withdraw your labour and find someone who will renumerate you in a timely manner.

    You are kidding yourself if you have under the illusion that you are indispensible, letting the side down/whatever. I've news for you, you are NOT. Taken a look at state of the IT market lately ?

    The laws of economics dont change just because its linux you are working on.

    Those 60+hour 7 day weeks you spent burning the candle at both ends and in the middle count for NOTHING if you are not being paid.

    Once you are surplus to requirements or just unlucky enough to be there when a company implodes. The hard work you put in is MEANINGLESS in that case.

    Curmudgeon

  105. Morons to the Left, *nix to the right... CHARGE IT by SteamedGeek · · Score: 0

    *groan* I do not care how idealistic you are... you have to eat. You have to pay the bills. You have to keep a roof over your head. These 'idealists' got screwed because they let themselves get screwed. If an employer said "sorry, we are out of capital and reserve monies... we cannot pay you this week." I would be immediately out the door, with some of the companies property underarm in the value of my paycheck, and woe onto the management weenie that thinks they can stop me or tries to pick up the phone to use it against me. Hell, if they shorted me one day's pay I would be the same way. See, this is what scares me most about Linux. Loki, for all of it's 'good' intent in spurring on the Linux dev cycle and getting it into the hands of the average joe user (games/entertainment being one of the key points Linux just can't do right now for average joe at home) was a failure. You can point to the positives in their business model, but it was a failure. Now you have the biggest and brightest hope for Linux on the desktop dead. Without some viable, and quite public (not that Loki was that well known) push by Linux to actualy become as or more user friendly than MS desktop OS's (and even Mac OSs), you have just seen the digging of the linux hole that much deeper. People in the know will sneer and laugh, discounting Linux for home use for years to come, while those in the know miss out even more thanks to the failing sof Loki and how it let down a small, geeky community that is ardently committed to their hobbiest OS. This breeds hopelessness, which brings further fanatasicm and obscurity. You have a bunch of broke employees who have little future in the IT industry. These are people who failed to make software work on their platform... their careers and training are centered on Linux and games, and this combo does not work thanks to the grand demonstration that was Loki. Now they are broke, meaning they can't get decent retraining. Now they are broke, demonstrating a lack of certain intelligence and smarts. Now they are broke and show the world in some cases that they are dedicated, but most will regard them as fanatical hobbiest who stupidly supported a failed experiment. Now they are broke and hungry and no better for their time at Loki. You have numerous companies who are no-doubtedly out of large sums of monies thanks to Loki. This in itself is criminal, IMHO, and reflects bad on the Linux 'community'. No coming back easily from that if you are a future Linux related start up... it will effect your potential investors, suppliers, etc. Just another nail in the coffin of Linux and any other *nix at home. Sure, you hobbiests will use it at home, with it's limited and difficult interface/functionality... you are fanatics, what can be said. But, Linux at home as a movement and market force is dead today, and maybe forever given the hole Loki has dug you. *nix may survive and prosper even (as maybe it should) in the behind the scenes server market, all the little hobbiest server gnomes scurrying about in the darkened server rooms speaking their little geeky haxor k3rn4l language to each other (then again this image surely dooms them to obscurity and ignomanity that will certainly ensure the demise of the OS...). But, it will not step beyond the darkness of server havens and into the consumers' home PC... Loki saw to that.

    --
    Life Sucks... Have a Beer and a Smoke then Smile Damnit!!!
  106. Re:You're both fags. Shut the fuck up. by reflective+recursion · · Score: 1

    ahh. The kind words of the Slashdot readership. Now I remember why I can't stand this place.

    --
    Dijkstra Considered Dead
  107. Die, just like Linux and any other *nix by Anonymous Coward · · Score: 0

    at least at home.

    Thank god...

    Now all we have to do is get rid of the 40 million drug using Mac users and this will be a more perfect world.

    All thanks to 600 million MS PC users.

  108. Seems superficial, but... by Rogerborg · · Score: 2
    • Scott Draeker and [...] his wife, Kayt

    ...I find myself once again having my hunch confirmed that you should never work for someone who sounds like they should be a minor celebrity. It's uncanny, but "Scott Draeker" - like "John Romero" - begs to be prepended with "Guest starring" or "Our special correspondant", while "Kayt Draeker" is a perfect name for a trashy fantasy novellist catering to the market that likes a lot of apostophes and random weird letters in their chara'kters.

    --
    If you were blocking sigs, you wouldn't have to read this.
  109. This inapplicable because Canadians are fags. by Anonymous Coward · · Score: 0

    The Canadian tax code clearly states that fags working on Linux games -- especially those from Quebec -- are not required to pay taxes. The United States has no such exemption.

  110. No, he's just another *nix looser by Anonymous Coward · · Score: 0

    If you can't do 3D don't do it??? What are you nuts? If you can't do 3D, don't bother making any game. Less than 5% of all games are 2D anymore it seems, at leas the ones that make money.

    1. Re:No, he's just another *nix looser by Anonymous Coward · · Score: 0

      Hehe, you seem like a nice Windows loser which has no concept of anything outside of their tiny little world :)

      And Unix can do 3D just fine. Both you and the original author should leave your little box and look around now and then.

    2. Re:No, he's just another *nix looser by Anonymous Coward · · Score: 0

      hmmm... *looks down at his BSD firewall* Not sure what you mean ass bait. Re-read the post. I was making light and pointing at the wrongness of that original post, monkey boy.

      And yes, *nix can do 3D... however, having seen UT running on RedHat, I will take a pass for it at home.

    3. Re:No, he's just another *nix looser by Anonymous Coward · · Score: 0

      I guess you never had an SGI workstation at home, years ago before they sucked.

  111. If the company's only worth $20k, who owns the IPR by Simon+Brooke · · Score: 3, Informative
    Is it me or does something stink even worse than the article describes? Loki developed some fine technology. Some of it, of course was Open Source (Who's hosting that now, BTW?) but there was IPR in the ports of the games, and there was IPR in tools. Even the IPR in the Open Source bits has some value... I've just read through the credits on my copy of SMAC, and I can't see '© Loki Games Inc' anywhere. So just who does own that IPR now?

    I see Draeker was an IP lawyer. My prejudice against the breed is only comfirmed.

    --
    I'm old enough to remember when discussions on Slashdot were well informed.
  112. LOL by Anonymous Coward · · Score: 0

    Yeah, like bancrupt fisherman. EWWWWWW!!!

    But she's right about Boston... what a shit hole.

    http://deathstar.stanford.edu/~kayt/boston.html

  113. Employee's are only protected on paper. by moankey · · Score: 4, Interesting

    I used to work for a technology consulting firm that worked solely with movie industry and law, with the board of directors made up of his lawyer frat brothers firm. Every year employees would go to Cannes in France or Sundance to work and help their clients from L.A. Well come mid-2000 something was obviously wrong with the company, the owner was quietly laying off people and reimbursement and pay checks would slowly come up late or show up the next pay period. Also, the owner who was once a happy, ambitious kind of guy, was getting bitter and quiet.

    Regardless, some choose not to see the facts and kept on hoping things would get better and didnt want to loose their seniority they had built with the 3-5 years with this firm. Well Cannes was rolling around and some other festival thing in Italy as well. One my colleagues was asked to go and excitedly agreed. The owner, who always went, said he would meet him in Italy and then head off to France. Once there a per diem was renegged on, with owner citing that reimbursements would be made for any monies spent, since co-worker didnt believe it they decided to go cheap as possible. Checkout day and owner left a voicemail stating they had already started up to France and to meet there, not to worry about the hotel it was taken care of. As co-worker started to leave hotel security stopped them citing they needed to check out, co-worker thinking that just giving them room keys was not a big deal agreed. After getting to the counter the co-worker was told they needed to pay $7500.00 in hotel bills for 5 rooms, room service, and other amenities that the owner claimed was taken care of. Needless to say this co-worker did not have that kind of cash or credit limit on cards and ended up in an Italian jail. Luckily he had some family visiting in Sweden at the time and was able to get them to aid him in his time of need.

    Upon returning he was able to get reimbursed after 30 days and immediately quit. And over 2000-2001 many lawsuits were brought against the owner and his company from employees, vendors, and IRS while he hid behind his corporate veil. Employees that were eventually never paid brought up lawsuits and went to the labor board. Problem is if someone is awarded a judgement it is the responsibility of the plaintiff to collect and of course this owner would not pay. So one has to go to court again and the cycle continues. Some could not handle legal costs and lawyers and dropped their cases, while others would have judges change their award from $2000.00 backpay to $17,000.00 for punishment. But again a futile effort if the business wouldnt pay $2000.00 why would they pay $17,000.00.

    Ultimately the company folded, the company paid out some of the smaller judgements and settlements ignored the rest and folded. The owner losing his company and money decided to sue his clients! Some bigger studios and firms typically cost analyze a settlement and legal costs and he was able to make out with nice $50k checks here and there from larger multi million dollar firms/studios not wanting to be bothered, and with others that wanted to fight he would walk away.
    Rumor has it that this scum has now started some 3 non-profit organizations and is starting to do well financially again, learning that non-profits have protection against the IRS.

    Seems only the bad guy won on this one.

  114. Games Industry... by Ironpoint · · Score: 0, Flamebait


    Welcome to the games industry, where every sucker is paid in full with fucking hope.

    YES, even more so than dot-coms.

    1. Re:Games Industry... by Anonymous Coward · · Score: 0

      karma falling fast.....

      aiiiiieeeeeeeeee

    2. Re:Games Industry... by Ironpoint · · Score: 2, Interesting

      You can mod down the truth, even mark it as flamebait, but you can't change it.

      Before you moderate, perhaps you should try working in the games industry. Perhaps you should read the gamasutra.com feature "Orphans wanted" about how game companies don't want people with sidetracks like family or life. Maybe before you self righteous... moderators pass judgement on the above post, you should get a job where you're continuously told, "you get paid when the company gets paid." even though the company is stashing away millions. Where the only reason the company got started in the first place is because some lawyer reading Business Week read an article about how the games industry is going to grow 800%. Or work at a place where you don't get to see the rewards of several fucking years of hardwork and weekends because after the project is done, you are laid off the next day (Tribes 2 for one of many instances).

      No, the above post is right on, people who work for game companies are suckers, and the companies they work for are no better than casinos.

  115. A combination of things... by Mandi+Walls · · Score: 2, Insightful
    Having just started week 2 of my new job after 3.5 months without pay, I thought I'd weigh in on this one. The company still exists, and still owes the employees money, so I've still got my fingers crossed though I've left.

    There are a number of reasons to try to hang on at a job that isn't paying. The foremost, for me, was the people I was working with and the company atmosphere. As long as my co-workers were coming in and we were getting something done, then everyone could comiserate, share tips and job leads, play UT for awhile to get everyone's mind off what amounts to a life-altering circumstance.

    Another is the job market. It sucks. I started looking for work in September when they first told us that the next major funding deal had fallen through. I finally found something reasonable in February.

    The third reason for us was that they were still paying our health benefits. When it comes down to numbers, health benefits cost more than you can collect on unemployment.

    Eventually, yes, those things aren't enough to stay for, and you'll find work elsewhere. In my case, most of the staff left, and certain members of the non-development staff were getting increasingly hostile. At that point, no matter how compelled I felt to do a good job, to not burn bridges, to finish my projects, I just couldn't handle being browbeaten by other members of staff and not get paid for it.

    So yeah, there are some throw-away jobs out there, but on the off chance you get into a situation you want to stay in, it can be more difficult to leave than to borrow some money and stay.

    --mandi

  116. Stiff this... by RogueAngel7 · · Score: 1

    The second time the compnay stiffed me on a paycheck i would have walked, thats just how it is.

    Ra7
    -

    --
    "Consistency is the hobgoblin of small minds" - RWE
    1. Re:Stiff this... by Anonymous Coward · · Score: 0

      "A foolish consistency is the hobgoblin of small minds" - RWE

      Fix it, dammit.

  117. let's make somehing so we can break it later? by Anonymous Coward · · Score: 0

    com on people, i admit it, id didn't read the entire article(long dull black on white text *ieuw*), but isn't this the adience that in the old days used to say, 'loki is cool', 'linux games have a future'.. we kind of conviced them we would love to see linux games, and know they are out of bussiness, we can break them... leave them some dignity! ok, so the didn't be able to pay their developers, but those developere where not smart enought to leave them too. Anyway, +They should have wined before loki went out down (the msmart rats always leave the sinking ship before it goes under, the stupid rats drown with the ship, but every rat does what he thinks is best, sometimes the fast rats are the ones whe have to swim a long way, whille the slow rats still float, but it's a choice you make and stay with). You first make them into a god, and now they have nothing more to offer and they are on the ground, lets kick em deeper (hehe, i do that to :) ). I don't think the stupid credit card is what broke the ship you build, youare the faulty ones, you make a ship, and put it in the see the wrong way, and don't have a look at it. IMHO of course

    1. Re:let's make somehing so we can break it later? by RogueAngel7 · · Score: 2, Insightful

      Well, to answer your question, the concept of Loki based games is still cool. And I believe that if linux is going to have a significant chance at taking a major chunk of the desktop market that Linux based games are extremely inportant (and i do think they have a future). However, any company that stiffs its employees while padding the pockets of the upper brass is bad news.

      In other words Loki games was a great concept, with terible execution.

      Ra7
      -

      --
      "Consistency is the hobgoblin of small minds" - RWE
  118. Thats the way it is by Anonymous Coward · · Score: 0

    In capitalism a company can grow or fall, just that, there are no stable companys, they are always growing or falling, and once it falls it will touch ground... So if the ship has a hole jump before it sunks, no matter if it was going to Venecia.

  119. Re:An ad-hominem response? How typical. by KyleJ61782 · · Score: 1

    It's nice to know that those who are the most derogatorily vociferous are those who don't even use User IDs.

    --

    I refuse to have a battle of wits with an unarmed person.
  120. Or works for over a year... by gatkinso · · Score: 1

    ...without getting paid?

    --
    I am very small, utmostly microscopic.
    1. Re:Or works for over a year... by Anonymous Coward · · Score: 0
      NO ONE WORKED FOR A YEAR WITHOUT GETTING PAID. Let me be absolutely clear on this. Payroll was paid with company check late December 2000, and some of these bounced. Employees started looking. Company check continued to pay employees through June 2001, when a payroll company resumed payments.


      During this time, how far behind a given employee was varied by person and never exceeded 4 paychecks at a specific point in time.


      Not surprisingly, the remaining employees trickled out as they found replacement jobs, but even while being screwed, it's hard to give up the dream of bringing Cool Stuff to your fellow Linux users.

  121. The Real Ending by Anonymous Coward · · Score: 0

    Actually, the recession is over, but we have yet to find employment. A few of us wash windows under LA overpasses, one grows weed in Ontario, and several are freeloading in college again smoking Ontario's finest.

    As you know, there is a non-existent market for Linux games, and there are no companies of worth making them, as well as the fact that we are all really not very good employee's to have since we have a limited skill set and are 'rebels'.

  122. No pay, no work by ucblockhead · · Score: 3, Insightful

    Something I learned the hard way: companies that ask for sacrifices like delayed paychecks almost invariably fail before any "reward" appears.

    --
    The cake is a pie
  123. What to do when they stop paying payroll by Wesley+Everest · · Score: 2
    If they can't pay payroll, it's because the company is mismanaged. That means that even if they do eventually start paying you, the company isn't going to last long. So quitting is definitely a good idea.

    But if you don't want to quit, then it's time to renegotiate with the boss. The boss knows that the company is hanging by a thread, and if all the talent leaves, the company will go under. So what do you negotiate for?

    Well, the experience from Loki has shown a couple things. You need to open up the books for all employees to see. And you need to make sure that the boss is making at least as much sacrifice as everyone else. And given that the employees are doing their job (if they aren't then you really should all quit), and the boss isn't doing his job, that suggests that he should get a pay cut and everyone else should get a raise and part ownership in the company (for when the company gets back on its feet).

    And you should get a collective, written contract for all the employees. If you think the company can be saved, you can only do it if the talent stays and has a reason to stay.

    If you don't have any faith in the company, or he refuses (showing he doesn't have any faith in the company), then talk to your coworkers, all quit at once, and stay in touch to help each other find jobs.

  124. Person with integrity: by Anonymous Coward · · Score: 0

    Someone who hasn't screwed you over, yet.

    1. Re:Person with integrity: by Anonymous Coward · · Score: 0



      I suppose you're right.

      You still have to look after yourself first.

  125. WARNING!!! Preferential Payments by BravoZuluM · · Score: 2, Insightful

    It could get worse...much worse. The trustee for Loki can go back and ask for any payments made within 90 days of filing bancruptcy. Those individuals who received any money, and those 1099's may find the Loki trustee asking for the money back.

    This claim of "preferential payments" will not be made for another 9 months or so. The jurisdiction will be in the federal court in the state that the company was incorporated in. So, if you choose to fight it (there are defenses against it), it will cost you about $20,000 to hire a lawyer in the state where the federal court is.

    This has become a big business for bancruptcy lawyers as they get a cut of the amount that they are able to recover. Clinton's administration introduced this change into the bancruptcy laws. This is a two-sided sword. It may capture some of the money the Draekers paid themselves, but it also snares innocent people who won't see it coming.

    How do you protect yourself from this? You can't. It is outside of your control. But, you can minimize the damage. Incorporate in the state you are live. Accept 1099 and consulting income through the corporation only. Rememeber to keep your books and hold a stock holders meeting at least once a year. Do NOT mix your finances with that of the corporation. You can pay yourself from the corporation, but don't use the corporate bank account as your personal account.

    Check with a lawyer as IANAL.

    Also, I'm not certain, and I have yet to check into this. I think you could send a 1099 back to Loki for debt relief for any amounts Loki owes. This might have the effect of offsetting some of the 1099 income you received from Loki. (Just thinking out loud.)

    1. Re:WARNING!!! Preferential Payments by Anonymous Coward · · Score: 0

      The last "company check" "advances" were more than 90 days prior to filing.

    2. Re:WARNING!!! Preferential Payments by Fjord · · Score: 1

      Can you give me some more info on this? I have a friend at a company in a similar situation. He isn't making any salary and he's only been paid in advance. Plus he hasn't gotten a 1099, but his "advance" wasn't on his W2.

      I explained the danger to him, but he (and others at the place with the same arrangement) feel that they don't have anything to worry about, they just have to explain that this really was salary, but I see them on very shakey legal ground. Can you give me case laws or even just examples to search on (I, for obvious reasons, care more about this than you).

      --
      -no broken link
    3. Re:WARNING!!! Preferential Payments by BravoZuluM · · Score: 1

      Advanced payments can certainly be considered preferential payment. They are the most dangerous type!

      What I suggest your friend do is make sure that he includes the payments on his tax form this year as SALARY!!! The IRS has gotten used to the .bombs that haven't sent out 1099s or W2s. If the company has not gone bankrupt within 90 days of him receiving payment, he is safe. He might consider putting it aside.

      Good luck to your friend.

      BTW, IANAL!

  126. No by vlad_petric · · Score: 2
    The real reason was not the small userbase/market - it was the Windoze partition most home Linux users have. Instead of waiting for a Linux release, most of Linux gamers would rather buy the Windows version and later bombard the porting house with e-mails asking them to make Linux binaries freely available on FTP (since they already bought the game ...)

    One such software house (don't remember which one) had more revenues from Amiga than from Linux, Amiga having a much smaller user-base

    So, AFAIC, I think we need more fundamentalism in this area

    The Raven.

    --

    The Raven

    1. Re:No by nomadic · · Score: 2

      I'm fairly sure it was purely the userbase. The PC games market is incredibly competitive, and when you come right down to it not really that profitable; for every Quake you have several dozen games that you've never heard of.

      Now imagine 1 percent of that market.

      As for your Amiga example, were they selling games, or some other kind of software? The games market is a lot different than the general software market.

    2. Re:No by Anonymous Coward · · Score: 0

      The Amiga-games company you were thinking of, was probably Clickboom!.

  127. Bottom line by crusher-1 · · Score: 1

    Scott Draeker is a schister and the employees let him stick it to them. Seems a shame, I have enjoyed Loki games greatly and still do today.

    However, I am amazed at the audasity of Draeker and the yet even greater clueless behavior of the employess. What? Like they didn't realize that they had to pay taxes. And letting the company rack up $350K on ones personal credit card - COME ON!

  128. Don't Forget To Visit Heck by Anonymous Coward · · Score: 1, Funny

    Dilbert does, and this is why. You might get jabbed with a spork, but accounting will pay your expenses if you are pleasant but persistant. Visit Heck now, or live in Hell later. Also, when you are owed more money than the company's quarterly revenue it's a bad sign.

  129. Depends on the state by metamatic · · Score: 1

    In Massachusetts, it's illegal for a company to fail to pay payroll.

    Apparently there's no such law where Loki were headquartered.

    --
    GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  130. a loss-averse by KyleCordes · · Score: 2

    This is a very good point.

    The risk of a house burning down is low. The risk of a house currently on fire burning down is higher.

  131. $50k? by Anonymous Coward · · Score: 1, Informative

    Where I live you can't even afford to eat on $50k.

    The cost of living varies tremendously from place to place, country to country, etc.

    Careful how you toss those numbers around....

  132. Something I don't get by xihr · · Score: 1

    I fail to understand why any sane, self-aware employee would continue working for a company which was failing to pay them. After the first paycheck doesn't show, it's a stern warning; after the second, it's off to the want-ads.

  133. just for the record mod'ers by Anonymous Coward · · Score: 0

    i got modded down hella low when i said loki was a shitty company that deserved to go out of business - now i shall laugh at those who disagreed with me :)

  134. The lesson here is: by Ethanol · · Score: 1

    Don't ever work for a company that takes its name from an evil trickster-god of Chaos.

  135. Protecting risk-takers by swb · · Score: 2

    I think the point is to protect people that take risks and run businesses without incurring personal debt.

    Which makes sense if you're running a 2-person dry cleaners or something. It doesn't make sense that the sheild of the corporation can be used to rip off millions.

  136. Stupid moderators by Anonymous Coward · · Score: 0

    The parent to this isn't flamebait. It's obvious.

    If you want to run a business you hire someone who knows how to run a business? Where's the flame bait?

  137. Excuse me, Mr. Coward... by hyacinthus · · Score: 1, Troll

    I don't normally have any truck with trolls like your self, sir, but I'm a generous man, and I thought I'd give you a chance. You see, if you respond as you're wont to do, then you will actually be flaming a _real live homosexual_. Call me a fag, and you'll be right. I'm doing this because, as I said, I'm generous, and I like to give even a jackass like you the chance to be right once in his life.

    Cheerio!

    hyacinthus.

    1. Re: Excuse me, Mr. Coward... by Anonymous Coward · · Score: 0

      YOU==FAGGOT!

      God hates fags. He really does. At least Egypt is solving the problem.

  138. MORE frequent flyer miles by IsThisNickTaken · · Score: 1

    Yes, but if you charge the tickets on your credit card you can get mileage for the cost of the ticket (typically 1 frequent flyer mile per $) as well as the miles flown.

    My employer paid for graduate classes. I could fill out a form at school and have work pay directly at the end of the course. I could also pay with my credit card, submit a form, and get a check from work. I used a credit card that earned frequent flyer miles. I averaged a new free flight every 1.5 years with a large portion of the earned miles being from $2500 charges for class.

    Of course, the few extra miles may not be worth the risk of not getting reimbursed. That is a separate topic.

    1. Re:MORE frequent flyer miles by mosch · · Score: 2, Interesting

      I carry a corporate AMEX, and I get to keep the bonus miles I earn on it myself. That's an even better deal, no?

  139. No payroll, no layoffs: catch-22? by Croaker · · Score: 2

    One thing I've wondered: When a company cannot make payroll, and does not do so for some time, but refuses to lay you off, is there a way you can claim that you are unemployed?

    In a reasonable company, you'd imagine the management would realize that they need to lay people off, enabling those unemployed employees to collect unemployment insurance, at least. But it seems to me that there's a danger of sleazy mangament refusing to lay people off, and refusing to pa them (or simply hand out IOU's). You'd be faced with a dilemma: continue to work for them, hoping they will be able to make good at some point in the near future, or stop working for them, get fired, and be unable to collect unemployment.

    I suppose someone leaving because you haven't paid them is probably considered insufficient reason for firing them or something, but resolving that would take time and lawyers. I wonder if people at Loki got caught in a catch-22 like this. If you are living from paycheck to paycheck already, it seems to me you'd have to make a few hard decisions on when to cut your losses.

    1. Re:No payroll, no layoffs: catch-22? by Anonymous Coward · · Score: 0

      Your best bet is to work in a state that legally requires companies to pay their employees (ie, they've outlawed slavery). Lack of pay is a slamdunk for CA unemployment (and an administrative ruling for backwages), for example, but YMMV.

  140. Former .com worker by unicorn · · Score: 2

    When the first .com I worked for was augering in, Ever payday I called the bank to make sure direct deposit had cleared before I even went in. If it hadn't cleared, there was NOTHING that could have gotten me to go to the office, unless it was to clean out my desk.

    --
    "Politicians are interested in people. Not that this is always a virtue. Fleas are interested in dogs." P.J. O'Rourke
  141. Amen, brutha! by Ride-My-Rocket · · Score: 1

    My second employer ever ended up being really good to me, but I almost took a pass on the job, based on the initial offer they approached me with. At first, they said my salary would be far below what I was asking, but I'd get a boatload of options; this is in 1999, mind you, nearing the apex of the bubble. Even back then, I knew that I couldn't pay my credit cards, school loans or rent on promises alone, so I didn't call them back and kept looking. A few days later, and much to my surprise, they followed up with a phone call, asking me why I hadn't called back. I told them that they hadn't met my expectations, and hence I was still looking. At which point, they called me back in, met my figure and tossed in a relocation bonus (with zero stock, though).

    Skip forward to today -- I've since moved on, but the company still hasn't gone public, and has been hemmoraging employees as of late. In a few select cases, I've heard of people kicking themselves for not jumping in on some phat options plans with very successful companies. But I'd rather miss an golden opportunity than stake my financial viability on possibilities and pipe dreams.

  142. Why is anyone surprised by this? by fmaxwell · · Score: 5, Funny

    I can just hear the credit card company now:

    So, you loaned large sums of money to an insolvent company that was named Loki, after the Norse God of Evil and Mischief? And they haven't paid you back? Who would have guessed?

    How much more warning do people need?

    1. Re:Why is anyone surprised by this? by imr · · Score: 1

      an insolvent company that was named Loki, after the Norse God of Evil and Mischief?
      which translates in nowadays language as:
      Founded by California intellectual property lawyer Scott Draeker

  143. Not quite flamebait... but close by Anonymous Coward · · Score: 0

    If I rephrase, is it still flame bait?

    The sad demise of Loki is a blow to the entire Linux to the Desktop movement. However, Loki has demonstrated quite positively that there is little profit in the industry yet for a company of their vision and innovation; the 'free software' community has failed itself and a major company by either not purchasing the games Loki made and they demanded and/or pirating the software and using it illegally since they disagree with paying for Linux based code.

    Additionally, Linux has taken a serious blow today due to the disclosure on major websites, such as CNet, that there is a major flaw in the ZLib library that can allow network base buffer overflow style attacks to compromise these systems. A link of this issue can be found here:

    http://news.com.com/2100-1001-857008.html

  144. Plan your own retirement by SideshowBob · · Score: 2

    As the person you are responding to said, you should always be planning for retirement. At some point, whether thats 10 years from now or 50, you will be unable to work and therefore wholly dependent on what you've saved. The longer you wait the less you'll have...

    Now, that does NOT mean find a company to work for for 30 years that will plan your retirement for you. Nobody is looking out for you except YOU, and any trust you place in someone else footing the bill for your retirement is naive. Even blue chips can go under and take their employee pension funds with them.

    Hell I don't even have much faith that I'll ever be able to collect on Social Security. By the time I'm ready to retire I expect the baby boomers to have eaten that up and then some.

    You should be taking care of your own business. Think IRAs and 401ks.

    1. Re:Plan your own retirement by The+Cat · · Score: 2

      someone else footing the bill for your retirement is naive

      Unless you run your own business, someone else is always "footing the bill," thus the original problem.

      You should be taking care of your own business.

      An ironic statement.

      Think IRAs and 401k

      IRA: Max $2000/year contribution allowed. Insufficient.
      401K: Only sponsored by an employer. Thus the original problem.

      SEP-IRAs and Roth IRAs are probably better, but IANAFA (I am not a financial advisor)

      Being unemployed for eight months out of every twelve because some random person thinks an employee isn't enough of a "team player" is the real problem.

    2. Re:Plan your own retirement by Wanker · · Score: 2
      IRA: Max $2000/year contribution allowed. Insufficient.

      This is very true. However, it was finally realized by our esteemed lawmakers and the limits are going up starting this year.

      401K: Only sponsored by an employer. Thus the original problem

      I don't see how this is a problem. After all, people are going to be employed in between bouts of unemployment. ;-) Throwing money like mad into a 401(k) while you are employed will make retirement that much more comfortable.

      If your employer doesn't offer this, maybe you should find one that does. Remember that your compensation is salary + benefits not just salary. By failing to provide a decent tax-advantaged benefit, that company is going to (rightfully) lose out on savvy employees who insist on benefits like this.

    3. Re:Plan your own retirement by The+Cat · · Score: 2

      Throwing money like mad into a 401(k) while you are employed will make retirement that much more comfortable.

      Provided you don't have to pull money out of that 401K to eat while you're unemployed (after paying a nice fat penalty, of course).

      savvy employees

      hmmmm... doesn't sound like a "team player"... ;)

    4. Re:Plan your own retirement by Jaysyn · · Score: 1

      Yeah, and it's not like the 401(k) stops accruing interest when you are unemployed. It's still growing, you just can't put anymore money into it until you roll it over into your next employers plan.

      Jaysyn

      --
      There is a war going on for your mind.
    5. Re:Plan your own retirement by Jaysyn · · Score: 1

      An ex-girlfriend of mine did this to keep her car from being repo'd. Too bad she didn't have much in there to begin with.

      Jaysyn

      --
      There is a war going on for your mind.
    6. Re:Plan your own retirement by Pathetic+Coward · · Score: 2

      You should be taking care of your own business. Think IRAs and 401ks.

      Enron.

  145. The U-Word by Anonymous Coward · · Score: 0
    >It's time techies stood up for themselves


    No.


    That would mean the workers gaining some kind of collective bargining power--the IT people and other tech grunts organizing against Management for their rights. And that would mean forming a (ewwwww!) Union. And as we all know, unions am bad.

  146. Loki - making trouble for over 2500 years by Anonymous Coward · · Score: 0

    That's what you get for working for the Norse trickster god...

  147. Working Without Pay? by blitzrage · · Score: 2

    Why would someone work for 2 years without getting paid?! :)

    --

    I have no signature
  148. One missed payment. by WindowsTroll · · Score: 1

    If my employer bounced a single paycheck, or if they were a single day late in getting my paycheck to me, I would be out of there before you could blink. A company's most valuable assets are its employees and the output of their employees work. If a company gets to a point where it can't pay its employees, stick a fork in them, they are done.

    Companies get lines of credit from a bank which they can use to fund their costs. If a company doesn't use their line of credit to pay you, then they have little regard for you as an employee and you should leave. And if they can't get a line of credit from a bank, then obviously the company is screwed if the bank doesn't consider them credit worthy. Either way, you should bail.

    I work for a paycheck - to pay my mortgage and feed my kids. And as someone puts into jeapardy my ability to have a house and feed my kids, them I am out of there. This isn't 'greedy-evil-capitalistic' behavior, it is a matter of living.

    --
    "Microsoft has made computing accessible to a population who would otherwise not be able to use computers" - B. Kernigha
  149. STFU, breeder. by Anonymous Coward · · Score: 0

    HA HA HA HA HA HA.

    Oh, come on, it was at least a little bit funny, wasn't it? I couldn't call you a "fag" too, could I?

  150. Well, come on... by Eddy+Johnson · · Score: 0, Redundant

    When you send your resume to a company named after a Norse god that was condemed to sit chained to a rock while a serpent dripped it's acidic venom on him, and you're hired... don't expect the best for the future.

    Learn your mythology. It'll help you in the long run.

    --


    Anonymous Coward: (n.) 1. nerd at school or library. 2. karmawhore in training. 3. embarrased prep.
  151. I agree: Scott Draeker's a dick on the lam. by Anonymous Coward · · Score: 0

    When I met him at the computer game developer's conference, my impression was that he was an arrogant dick. He gave me this "get away kid, I'm busy" bullshit. I'm glad he won't be showing his sorry face at this year's game developer's conference. He won't be missed.

  152. The Bubble Bursts ! by hughjamton · · Score: 1

    I've worked for 3! companies that went titsup ! The basic rule you has to remember is that management WILL NOT tell you that there is a problem financially with the company, even if you think they are your 'friends'. It doesn't work that way. After three times you begin to know the signs(!). 1) Can't pay you this month, minor cash flow hiccup - leave immediately ! 2) Your customers phone to express sorrow that the head developer was involved in a major RTA - Leave immediately. Put it this way, BIG mortgage, 3+ kids, wife not working, what would you do ? 3) Your R&D boss is replaced with a U.S. bullshit merchant who quotes 'allegators in the swamp' stories - Leave immediately. Basically if you think your about to get butt-plugged by your firm. Your right ! Leave immediatley.

  153. Re:1099 instead of W2 and you were an employee = S by Anonymous Coward · · Score: 0

    And you will sue them for... Staplers? Office chairs?

  154. So that's how Postal got ported by heroine · · Score: 2

    Sort of sad to see how slashdot story after slashdot story last year was about products being produced by nothing but vapor.

  155. Loki: The power and glory of BULLSHIT. by Anonymous Coward · · Score: 0

    You're high on crack if you're still worshipping Loki, the Microsoft of the Linux game industry.

    1. Re:Loki: The power and glory of BULLSHIT. by Anonymous Coward · · Score: 0

      Bad metaphor. Microsoft is not only still in business, they're doing quite well.

  156. Loki's Problem by khyronmaetel · · Score: 1

    One of Loki's problems is that no one bought Quake iii once everyone figured out that you could just get the demo and upgrade it with the CD from any other platform.

  157. Thanks for busting another Loki myth. Mod that up. by Anonymous Coward · · Score: 0
    The myth is busted:

    "Loki didn't to anything for Quake 3, other than make it late to market. Quake 3 was coded from the ground on Mac, Linux and Windows."

    In this same thread, Loki fan-boys praise Loki as heros, saying Loki rules because of their work with Linux Quake. How tragically wrong and misguided they are:

    "A company to root for. I mean, c'mon. They helped bring Quake3 to Linux, how could you NOT like them?"

  158. Anyone got the numbers? by Sloppy · · Score: 2

    It would be nice, now that Loki has nothing to lose, if some figures were released, regarding:

    • Sales (units) of each game
    • Porting license fee for each game
    • how much labor (hours) went into each port.
    I guess I can see an ex-Lokier saying, "Sorry, the license with Activision stipulated that we can't disclose the fee." But c'mon, what are they gonna do.. sue ya?

    Give us the numbers, ex-Loki folks. I think it would be fascinating.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  159. $350K is a lot for a business? Hardly. by Hendersa · · Score: 1

    What were they buying for $350K??? Sounds like a lot of Aeron chairs and BMWs to me.

    When I worked at Loki, I sat in a $89 chair and drove a Dodge Neon. People don't seem to realize that $350K is not an unreasonable amount of money to spend in running a publishing business. Have you ever seen what rent is like for office space in southern California? How about telephone bills for the company? Electric bills (air conditioning)? Payroll? Printing and design expenses for the software packaging? Trade show booth space/travelling expenses? Bandwidth costs for the FTP, web servers, and CVS server? How about the bandwidth for the Bugzilla bug tracking database? Or the Loki newsgroups?

    The one frivilous thing I can think of that Loki purchased was a Terminator 2 pinball machine that Scott Draeker, Andy Mecham (the head of QA), and myself found at an arcade machine auction for about $2000 or so.

    People seem to think that because they could get a dozen people together in someone's basement and form a company that every company should have the same minimal overhead if they are "efficient". That's hardly the way business works. Unless you've seen the actual numbers of the budget of a real publishing company, please don't assume that expenses of $350K is so outrageous.

    Try taking the budget of Interplay or Electronic Arts and scaling it down to the size of Loki. I think you'll find that $350K is pretty darn cheap.

    Andrew

  160. Is Scott Draeker a Scientologist? by Anonymous Coward · · Score: 0

    Scott Draeker: Undercover Scientologist. That would explain EVERYTHING!

  161. Re:Thanks for busting another Loki myth. Mod that by Anonymous Coward · · Score: 0


    It wasn't that hard to bust...

  162. Re:If the company's only worth $20k, who owns the by Hendersa · · Score: 1

    Some of it, of course was Open Source (Who's hosting that now, BTW?)

    SDL (as well as several SDL utility libraries) can be found over at libSDL.org. A number of the open source software libraries and tools that Loki employees and community members developed can be found at icculus.org. I believe some projects are hosted at neither of those sites. Those can most likely be found at seul.org.

    Loki purchased the rights to publish a Linux version of Win32 software titles. Loki essentially was selling software and paying a small royalty to the original owner of the software rights. So, when Loki folded, most of the Linux titles simply went back to the companies that the Win32 versions of the software came from. Kohan: Immortal Sovereigns went back to Timegate Studios. SMAC went back to Firaxis. And so on. If you want those titles supported now, talk to the company that originally created the game title.

    Some of the publishing deals were a little more. Unreal Tournament, for instance, was just a contract with Epic to provide support for the Linux version of the game. In those deals, Loki was only providing a service.

    So, for the idiots that keep saying that Loki should release all of it's game code to the community as a gesture of goodwill... wake up. That's like licensing the Quake III engine from iD and then releasing it open source to whomever wants it. It's a naive and mistaken path of thought to take.

    As for the IP rights of the trademarks that Loki owns (such as the OpenAL trademark, web domain, etc.), those will be auctioned off in order to pay Loki's debts.

    Andrew

  163. Re:Thanks for busting another Loki myth. Mod that by Evangelion · · Score: 1


    Heh, just to add to the thread, one of the programmers said it would be in stores on Dec 27th (1999) -- that turned to complete bullshit, with probably a few exceptions. It didn't get into most stores until late January, thanks to thier problems with packaging.

    They basically waited on thier order with the 'tin box' manufacturer, instead of getting them out the door ASAP in good, old fashioned cardboard.

    I mean, of course, having fancy packaging is more important than having it in stores. Everyone knows that.

    But, yeah, the crappy sales for Q3A can easily be attributed to the fact that it really wasn't in stores until a month after the windows version -- 90% or so of the Linux People probably picked up the windows version so they could, you know, play it.

  164. Re:Thanks for busting another Loki myth. Mod that by Evangelion · · Score: 1


    To be fair, they did take over maintenance of the code for a little while. Once id hired a full-time Linux guy, it was brought back to id (I have a feeling some money owed to id on behalf of Loki might have also played a role in severing thier relationship -- you'd have to wait to see if Carmack decides to chime in with confirmation or denial of all this :)).

  165. I ran a company, missed paychecks, it ended well by tm2b · · Score: 1

    Counterpoint. I was CEO, later CTO, of a startup. I missed my paycheck from time to time, though my employees never did for more than a few days.

    The result? We were eventually bought by Red Hat ( Pgh Post Gazzette article ) and the employees with stock benefitted.

    The moral? Every situation is different. Duh.

    --
    "It is our blasphemy which has made us great, and will sustain us, and which the gods secretly admire in us." - Zelazny
  166. As someone who got kind of close to Loki once by Nelson · · Score: 2
    This makes me sick and I hope it's being spun in non-flattering light. I don't see how an employee being owed $350k can be made to sound right though.


    I was one of the geeks in LokiHack and I'll be honest and completely upfront. It left me with an awesome feeling about Linux and opensource. The 3 days created and captured an espirit de corp, we were doing it. I considered trying to go work for Loki at one point, Scott and I talked about it. I didn't. I did put my money where my mouth was and start working in a business that used opensource and I'm still making my living from Linux today, at a different company though. I've contributed code to projects and I'd be lying if I said that Loki didn't push me some to get started.


    It really changed the perspective a lot, it's easy to be an opensource spectator and it takes initiative to get involved and see that you can just start doing it, if you want to.


    I think there are a lot of geeks, especially at the Lokihack that had medium self esteem in the regard and it took an event like that to get some people jump started and hold their hand in to it. I don't know how many LUG meetings I've gone to that have tons of people with the technical prowess that are just spectators in it all, and not because they don't want to be. It was kind of a special thing.


    I also could see how people who went there could believe in something. A number of them were at the Lokihack. I have no idea how they could live for a year without pay, in California, even if they were all living together. That's not to say it couldn't happen, I just don't think I could do it. I have money in the bank and my buffer is like 6 months, if I'm cutting back some, with unemployment maybe I could make it a year.. I also have no idea how you rack up a $350,000 debt to an employee. That just blows my mind as someone who is supposedly well paid and has bought a house and tried to raise a sum substantially smaller than $350,000 for the house and is on the hook for 30 years. We're talking about someone possibly being financially ruined for the rest of their life, or hopefully they have family money or something.


    I hope Scott makes a statement about this and that it's not as bad as it sounds, there is stuff that I can't think of a way to justify though. Him taking a wage doesn't offend me nearly as much as the debt to employees; he did front the company and took the initial risk.


    I'm still thankful for some of the stuff they did for me and the community and I really hope this doesn't jade all the other people that might be on the brink of getting involved with it. That would be the true crime and the true loss, more than any video games and even more than a few people owed a lot of money.

  167. Re:A scam by Anonymous Coward · · Score: 0

    Unfortunatly this makes Loki look to me like just another f@ckedcompany Net bubble scam; don't worry about cash flow, income or product but just keep the ball rolling until IPO, clear your debts, make off with a fortune and leave it up to the suckers who bought in to find what a crock of shit they've got.

    All comes adrift when the tech market goes south and no-one will touch an IPO with a bargepole as they've been burnt before.

    I was always a bit suspicious about whether Loki had a sustainable business model, their odd choice of games to port and the time it took to get them out. Why didn't they do a Linux port of Half-Life or The Sims, fer fsck's sake?!

    One thing you can say about recessions; they help sort out those who can really run companies in hard times from short-term crooks and shysters. Pity about the poor suckers working at Loki who actually thought they were setting up a Linux games company for the long haul...

    Hope the Draekers enjoy their money :-(

  168. "Loki based games" by Anonymous Coward · · Score: 0

    What do you mean by "the concept of Loki based games is still cool"? There's nothing cool about that concept. Loki is dead. Scott Draeker ripped off his employees and creditors. What's so cool about that?

  169. You're a moron by Anonymous Coward · · Score: 0

    This wasn't a "Linux company". It was a company that wrote propietary software for Linux. Big difference. I'm sure 1 or 2 companies that make Windows software have gone down in ugly manners as well.

  170. Re: Two problems here. by Anonymous Coward · · Score: 0


    1) Instability of jobs.

    2) Insufficient frugality of employees.

    If someone is paying $1200/mo rent, they are living *lavishly*. Same goes for a $300+ /mo car.

    Why is it that all the southeast asian immigrants have no problem scrimping and saving, while all my US-american friends burn through money like there's no tomorrow?

    Wait.. maybe they have a point.

  171. RTFC (Read the Frigin' Contract) by Stephen+Samuel · · Score: 3, Informative
    I had always thought a company card belonged to the *company* and that they would bear liability for payment ...Apparently it doesn't work that way

    When you got the card, you were probably asked to sign some paper. That paper was a contract. Did you read the contract? Did you keep a copy of it?

    Always read what you sign. Also be willing to NOT sign it. You'd be impressed with what people ask you to sign. If they say things like "It's really meaningless" when you question something, then ask them to take out the 'meaningless' clause, and see what their reaction is.

    If the contract you signed with Amex said that you were jointly (or singly) liable for your credit card, then you are the one on the hook. If it says that you are only responsible for misuse, then that's a diffferent issue.

    It's also possible that the contract didn't hold you responsible, but Amex simply went after the easiest target -- but generally large companies like that tend to cover their ass with your hide.

    --
    Free Software: Like love, it grows best when given away.
  172. ...was once the most fingered person at Stanford. by Anonymous Coward · · Score: 0

    From her page:

    "I was once the most fingered person at Stanford."

    Oh my God! Dirty! Dirty! Dirty!