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Open Source R&D Tax Credit?

Dan writes "The Center for American Progress is proposing an R&D tax credit for open source development." From the article: "Subsidizing open source software development can also be justified on grounds of economic efficiency. Open source software development enhances the ability of other developers to create new products. It also enhances the development and dissemination of knowledge and ideas more broadly. Since the benefits to the broader software development community and the economy as a whole go well beyond the users of an individual software product, a policy that subsidizes open source development would increase economic efficiency."

196 comments

  1. Built In Tax Break by rtb144 · · Score: 5, Funny

    Most open source software comes with a built-in tax break. No income, no income tax.

    --
    Sie ist tunbar!
    1. Re:Built In Tax Break by steelfood · · Score: 3, Insightful

      This would probably be for developers who work other jobs on the side (like college students who have high-paying campus jobs), people who develop OSS for a living (e.g. people working at the Mozilla foundation), OSS authors who accept donations, or companies who develop or contribute to OSS (e.g. Redhat, IBM, and now Sun).

      That having been said, there are a lot of issues with such a tax break. For example, what are the qualification criteria? Significant contribution? Lead developer? Credited developer? Also, what are the criteria for something to constitute as OSS? Non-viral licensing? Compiled/interpreted language? What about markup languages? Or things that are not code but are released under a creative commons license? What about patented methods where the patent holder is also the lead developer? Finally, while slightly easier to define than the above since there are already precedents set, what constitutes development costs?

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    2. Re:Built In Tax Break by Anonymous Coward · · Score: 0

      It's worse than that--what constitutes a project as worthy of the credit? An air-traffic monitoring app? A game? A program to spit out "Hello, World" in every language known to man?

    3. Re:Built In Tax Break by pete-classic · · Score: 1

      I didn't RTFA, but the difference between a tax break (deduction) and a credit is that a credit can go negative (from the treasury's point of view).

      IOW, a $500 deduction will eliminate your tax liability on $500 of income, but a $500 credit will result in a $500 check drawn on the treasury if you have no income.

      (I'm against all tax credits, as they form a back-door entitlement.)

      -Peter

    4. Re:Built In Tax Break by Anonymous Coward · · Score: 0

      Look at what happened with farm subsidies. Honest, hard-working people forced out of the business by the presence of coercion (government) in what would otherwise be a voluntary market. Corruption rules supreme: the winners are those who learn how to exploit the coercive powers of governmen, and the losers are those who only want to mind their own business and work.

      All it takes is one taste of the poison and you're hooked. Is that what we want to happen to open source?

      Open source was founded on the principle of voluntary association. If that key element disappears, it's over.

    5. Re:Built In Tax Break by jadavis · · Score: 2, Insightful

      For example, what are the qualification criteria?

      I think you just described the question which is the whole reason for copyright. Nobody knows how useful any creative work is. It can only be measured by demand. And demand is hard to measure without artificially limitng the supply. F/OSS software does not artificially limit the supply at all, so it's very hard to tell the difference between a novel program, and a worthless pile of code that was just developed to get the tax credit.

      You can see similar problems with the NEA (National Endowment for the Arts, not National Education Association). Sometimes people get paid money to do crazy sculptures that make most people recoil in disgust.

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    6. Re:Built In Tax Break by jmorris42 · · Score: 1

      > For example, what are the qualification criteria?

      Looks like they are aiming at limiting it to actual expenses, which does help a little in reining in the more obvious abuses. So you could claim hosting expenses for example, so long as all of the expense was your Open project. A site that also had personal stuff would could an accounting nightmare. You could claim travel expenses to a conference. If it happened to be in Orlando and you also go see Mickey while you are there... well current business deductions have the same problem and are abused equally. Why do ya think convention centers tend to be in places with lots of other tourist stuff after all.

      I'm still dubious the benefits could ever outweigh the negatives. Perhaps if the major projects, which already tend to be incorporated as non-profits, could somehow formalize the relationship with contributors and work it that way. You still couldn't get anything for time contributed anymore than you can for any non-profit.

      > Also, what are the criteria for something to constitute as OSS?

      Solved problem. The Open Source Definition is a concrete definition, basically the DSFG.

      > Non-viral licensing?

      Only in Microsoft's wettest dreams.

      > Compiled/interpreted language?

      Common misconception from those new to Free/Open Software. Makes no difference, compiled can be Free and interpreted can be Closed. Think of it this way, binaries are simply a temporary quirk of technology. Microsoft could (and I argue all software vendors should be required to by law as a condition for the grant of a Copyright, but that is a different topic) publish the complete buildable source tree for Vista in the next edition of MSDN and it would change nothing related to the openness of Windows. It would still remain the copyrighted work of Microsoft Corp. and unauthorized copying would remain illegal. It would help Windows developers understand the inner workings and could actually complicate the lives of SAMBA devels who could then be accused of lifting sections.

      --
      Democrat delenda est
    7. Re:Built In Tax Break by danielk1982 · · Score: 2, Insightful

      class HelloWord{
         public static void main(String[]args){
               System.out.pritnln("My contribution to OSS");
         }
      }

      I'releasing this code under GPL. Can I have my tax break?

    8. Re:Built In Tax Break by greenrd · · Score: 1
      Yeah - aren't tax credits just welfare, with a new name? I'm for welfare, but let's call a spade a spade here.

    9. Re:Built In Tax Break by Braino420 · · Score: 1

      No, your code must compile first ;)

      --
      They call me the wookie man, I guess that's what I am
    10. Re:Built In Tax Break by Kadin2048 · · Score: 1

      I always thought that the difference was that a deduction eliminated your tax liability on a set amount of income (just like you described), e.g. if I make $50,000 in income but have $10,000 of deductions, then I only pay taxes on $30,000. So a deduction is "worth" its face value, times your tax rate. If your tax rate is 35%, a $10k deduction is worth $3500.

      A tax credit, on the other hand, is like a gift certificate to the IRS; if you have a $10,000 tax credit, you subtract that amount off of your actual bill, like a discount. So it is actually worth its face value to you.

      I didn't think that you could get a "Credit" back as an actual check from the government, if you didn't have any income (then again I've never had zero income since I've paid taxes, so go figure). That sounds a bit hard to believe -- seems like there are a lot of bums that ought to be cashing in if this was the case; I'll keep my eye out come refund time, but I don't recall seeing a longer-than-usual line at the liquor store last year.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    11. Re:Built In Tax Break by pete-classic · · Score: 1

      Yes, indeed, you can get a refund greater than your total tax payments for the year. That is to say that you can have a negative tax liability. (A negative liability is a credit, right?)

      -Peter

  2. Its been thought of by akb · · Score: 4, Informative

    http://public.resource.org/main.html

    Notice Al Gore was VP when this proposal was made.

    1. Re:Its been thought of by Anonymous Coward · · Score: 0
      Notice Al Gore was VP when this proposal was made.

      I know, your remark was meant tongue in cheek, but Al Gore never claimed that he invented the internet.

      Thorough debunking of that UL here!

    2. Re:Its been thought of by luge · · Score: 1

      I'm not sure, but I believe the author of that proposal is in some way affiliated with the Center for American Progress, so it is possible that the two proposals have some genetic relationship.

      --

      IAAL,BIANLY

  3. Center for American Progress by wombatmobile · · Score: 2, Funny

    Center for American Progress

    Where is the center of American progress? The president says the front of it is in Baghdad.

    1. Re:Center for American Progress by MAXOMENOS · · Score: 4, Funny

      Well, the center of it is probably somewhere over the ocean, since the ass-end is in the White House.

    2. Re:Center for American Progress by Anonymous Coward · · Score: 0

      You were doing good until you linked to dailykos. You might as well change your name to Loony McGroupthink.

    3. Re:Center for American Progress by Anonymous Coward · · Score: 0

      You were doing well until you displayed your grammatical ineptitude.

    4. Re:Center for American Progress by Anonymous Coward · · Score: 0

      What does the new package manager ineptitude have to do with someone's gramma?

    5. Re:Center for American Progress by CarpetShark · · Score: 1
      What does the new package manager ineptitude have to do with someone's gramma?


      Well, I never drew the relation, so forgive me if this is an attempt to work out someone else's poor logic... Presumably ineptitude would be a package manager on a non-Debian distro, and those users might be grammatically challenged? ;)
  4. We'll be RICH! by Anonymous Coward · · Score: 0

    Sounds a little too reasonable if you ask me..

    Oh. I see, this wasn't proposed by the government.
    Lets see more tax credits for relocating heavy industry to the moon.

    The upside is unlimited!

  5. Donations by Anonymous Coward · · Score: 1, Interesting

    I don't know much about corporate tax law, but this is something I keep wondering about: Let's say you develop an open source application. Now let's say you donate the copyright to the FSF under the condition it be GPLed. That code is still of at least some worth to you, because you have GPL rights to it. But, legally you have just donated the code, a thing of worth, to the FSF, a nonprofit organization. Does this count as a deductable charitable donation?

    1. Re:Donations by tthomas48 · · Score: 3, Insightful

      I'm quite sure it is. No one talks about it, but I'm pretty sure that IBM is writing off the cost of developing products like Cloudscape when they donate them to the Apache Group. Suddenly your millions of dollars of wasted revenue becomes a tax writeoff. It's brilliant. Corporate benevolance is almost always related to decreasing tax liability. See also Employee Stock Options.

    2. Re:Donations by ChrisGilliard · · Score: 1

      You're right! You can absolutly deduct the value of the free software you've donated! ;)

      --
      No Sigs!
  6. Seems odd... by Otter · · Score: 2, Insightful

    I thought there were glorious financial advantages to open-source development? Seems odd that we need taxpayers to subsidize what is so obviously in people's economic self-interest in the first place.

    1. Re:Seems odd... by Foofoobar · · Score: 2, Insightful

      Well a tax credit for products that will be freely available and better stimulate business and government growth could actually encourage lawmakers to put open source projects and applications at the forefront of adoption in schools, universities, government and military IT departments.

      After all, if they are giving a tax credit, it would encourage them to adopt it to get their money out of it.

      --
      This is my sig. There are many like it but this one is mine.
    2. Re:Seems odd... by Anonymous Coward · · Score: 0
      R&D is what it is. Whatever you do with it, whoever paid for it, if it fits the guidelines for any tax deductions, there is no reason that the fact that it is Open would change anything. Now, of course, don't expect kickbacks for work performed freely. Unless it be charity work I guess, but R&D for a charity would probably be difficult to justify in any case. Now there is no reason why the Mozilla Foundation wouldn't fund research in Bayesian Filtering, for example, and be able to get tax credits for it.

      If anyone can put those guidelines (for whatever country you come from), that would be quite helpful. Here is an excerpt for Canada's small businesses:

      Will my company's work qualify?

      If you are a Canadian small business that develops new or improved materials, products, or processes in Canada, you may be eligible to receive refunds for SR&ED if:

      you have to try to overcome one or more technological problems;
      you have to conduct trials, experiments, or analyses to solve these problems;
      you required experience or technologies not commonly available to your company to solve these problems; and your work will result in a technological advancement. Even if your attempts prove unsuccessful, you may still qualify.
      You also have to demonstrate that the work was done. You can use reports, models, prototypes, test results, logbooks, or photographs to help support your claim.

      What expenditures qualify?

      You can claim many of the costs incurred for SR&ED during your fiscal year. These costs may include:

      wages for staff doing the SR&ED work
      costs of materials used in performing SR&ED
      costs of new machinery and equipment purchased for SR&ED
      costs of SR&ED contracted out
      lease costs (excluding building leases, or rent)
      third-party payments to organizations such as universities and colleges certain overhead costs related to SR&ED, or a proxy for these costs
      Some work does not qualify, such as market research, research in humanities or social sciences, quality control and work done outside of Canada.

      Even though the US tax code is 400 times larger than the canadian one, things should be relatively similar

    3. Re:Seems odd... by MSG · · Score: 1

      Taxpayers are already subsidizing commercial developers. This proposal is intended merely to extend the same benefits to individual developers.

    4. Re:Seems odd... by Red+Flayer · · Score: 1

      Huh? Taxpayers subsidize commercial software -- business expenses are tax-deduxtible, as long as they are related to some source of revenue. All this would do is even the playing field for open-source software development, whose expenses are not tax deductible since there are no direct revenues.

      A current way to deduct expenses relating to F/OSS is to produce it as part of a 501(c)3, which is not easy to qualify for, set up, or maintain the status of if you're doing F/OSS development in your spare time without direct contributors to maintain your funding and spending levels for charity.

      To directly address your comment, F/OSS is not in people's direct self-interest if they have a competitive disadvantage of having their expenses raised 15-50% due to their taxable status.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  7. Tax Credit? by nurb432 · · Score: 1

    Or tax shuffle? Never trust the government when they float the words 'tax credit'

    --
    ---- Booth was a patriot ----
    1. Re:Tax Credit? by Anonymous Coward · · Score: 0

      Or tax shuffle? Never trust the government when they float the words 'tax credit'

      Never trust the government, crying tax break or otherwise.

  8. not a subsidy by Kohath · · Score: 1, Insightful

    A tax cut ("credit" in this case) is not a subsidy.

    I also don't think we need the IRS to define whether a project is "open" or not.

    1. Re:not a subsidy by Anonymous Coward · · Score: 0

      A tax cut ("credit" in this case) is not a subsidy.

      Yes a tax credit is not a subsidy. But it is a "subsidy."

    2. Re:not a subsidy by BigBuckHunter · · Score: 1

      A tax cut ("credit" in this case) is not a subsidy.

      Actually, that's exactly what it is, unless the meaning of subsidy has changed in the last 24hrs.

      BBH

    3. Re:not a subsidy by Kohath · · Score: 1

      You should read the definition of subsidy again then.

      Taking $4 from someone against their will instead of taking $5 isn't subsidizing (synonym - "assisting") them. I guess John Dillinger was subsidizing all the banks he didn't rob?

    4. Re:not a subsidy by BigBuckHunter · · Score: 1

      I guess John Dillinger was subsidizing all the banks he didn't rob?
      Only if banks were required, by law, to be robbed by JD.... Sort of like taxes. Getting it now?

      BBH

    5. Re:not a subsidy by rtb144 · · Score: 1

      The government taxes that dont benefit you are just as immoral as a bankrobber. Its tyranny by the majority.

      --
      Sie ist tunbar!
    6. Re:not a subsidy by dajak · · Score: 1

      A tax cut ("credit" in this case) is not a subsidy.

      There is just one major difference between tax credits and subsidies. There is a psychological difference for taxpayers between a government "not collecting" part of the money it is entitled to for some policy reason and collecting first and then giving it to some party for some policy reason. Tax credits make it appear that the government collects less from its tax base and spends less, even though it is affecting the market and the distribution of wealth in the exact same way. I do think it is correct to talk of "subsidizing" open source.

      Tax cuts in general is another story, in particular if they can't go negative like the "credit" (in the US sense) or can only be offset against a specific type of tax liability. These tend to redistribute money from the middle class to the rich in systems with progressive tax rates, and generally obscure who really pays.

  9. Profit!!! by eviloverlordx · · Score: 0

    1. Get Open Source Tax money
    2. Bribe Congress for more
    3. ???
    4. Profit!!!

    --
    'Loose' is when your pants are three sizes too big. 'Lose' is when you misuse 'loose'.
    1. Re:Profit!!! by Firehed · · Score: 3, Funny

      Wait, give the congress money to convince them to give you money? Maybe both 3 and 4 should be "???" and profit gets bumped to step 5. Or maybe 3 should be 'WTFHAX?!1, ???' instead.

      --
      How are sites slashdotted when nobody reads TFAs?
    2. Re:Profit!!! by Anonymous Coward · · Score: 0

      You appear still to be posting with the same nonsensical sig. Do you not care that this exposes you as an idiot?

    3. Re:Profit!!! by ShaunC1000 · · Score: 3, Funny

      excuse me.. but that joke is supposed to use only 3 steps with the 2nd being unknown and the 3rd being profit. Please revise

    4. Re:Profit!!! by Firehed · · Score: 1

      You appear still to be posting as a troll. Do you not care that this exposes you as a troll?

      --
      How are sites slashdotted when nobody reads TFAs?
  10. Great idea by zpodcaster · · Score: 1

    Finally I see something from the accounting prospective that is justifiable. The government is using open source, why not give the developers a tax incentive? I think it's an excellent idea.

    1. Re:Great idea by Sqwubbsy · · Score: 1

      I think the last thing we need is another tax cut for the rich.

    2. Re:Great idea by Anonymous Coward · · Score: 0

      You can already get a Tax credit on all hardware used for software R&D each year. Why is this suddenly news?

  11. Interesting by RingDev · · Score: 2, Insightful

    I'm wrapping up my school education, my house will be paid off soon enough, and the interest on my student loans is not going to be enough to off set my income. Yup, I'm going to need to find a new tax shelter in another year or two.

    "we are proposing a 20 percent tax credit for qualified out-of-pocket expenses for open source software developers."

    Well let's see what "out-of-pocket" expenses are defined as. Because my 'Home-Office' is paid for out of pocket. So that roughly 100 square foot room represents about 1/10th of my house's square footage. Figure the cost of the house minus the land, that's like $140k, which means I should be able to claim 20% of $14k for that expence. And then their are the numerous PCs, the custom built desks, the wiring, the internet connection... I bet I could pull enough expences out of that room to fully clear my taxes for a year, and enough residuals to help cut down from there on.

    I wonder what limitations there are on this, if I could put a dent in my income tax by switching some game mods and tools to open source, I would switch them in a heart beat. 8 hours a week on a pet project to cut down on taxable income, a deal too sweet to pass up.

    -Rick

    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    1. Re:Interesting by jfengel · · Score: 1

      You paid off your house before finishing your education? That's unusual. I take it you went back to school after some other career?

    2. Re:Interesting by RingDev · · Score: 1

      Nah, my house will be paid off in about 6-7 years, my education should be completed by the end of this year. I was a software developer in the military and then a consultant just after the .Com bust. Spent a few years floundering for work, and finally went back to school on my VA benefits. Picked up a CS Assoc and a new job about 2 years ago, and I should be wrapping up my CS/Tech Management dual bachelors this year.

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    3. Re:Interesting by GlassHeart · · Score: 1
      I wonder what limitations there are on this, if I could put a dent in my income tax by switching some game mods and tools to open source, I would switch them in a heart beat.

      I wonder the same thing. No offense intended, but I would hate to have my tax money subsidize game mods.

    4. Re:Interesting by Crisses · · Score: 1

      If you use that space or those computers to do anything BUT run your business, the home office deduction is disqualified.

      Fun Fun!

      Everyone would need a separate computer to play (insert name of game, including Tetris or Solitaire), answer personal email, pay the household bills, look at pr0n, etc....

      So -- start building that separate home office. :P

      {Don't mind me, I'm just jealous that you own a house.}
      --
      ---- I'm out of your mind!
    5. Re:Interesting by Anonymous Coward · · Score: 0

      If you own a $1.4 million house, I suggest you just continue paying your fair share of the taxes instead of shuffling it off onto the rest of the middle class like the rest of the rich losers.

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

      Well, as things stand, your tax money is just subsidizing the companies with the best lobbyists. I'd actually rather mine went to a game mod.

    7. Re:Interesting by RingDev · · Score: 1

      LOL, I live in a 120 year old house in a small town of Wisconsin. My house is worth $140,000.00 not 1.4 mil.

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    8. Re:Interesting by Courageous · · Score: 1

      A twenty percent tax credit is hardly a "subsidy".

      C//

    9. Re:Interesting by GlassHeart · · Score: 1
      A twenty percent tax credit is hardly a "subsidy".

      Anything that means I pay a bigger share of taxes than somebody who earns the same amount is a subsidy. Why do you think I should be required to shoulder a bigger share of taxes compared to somebody who makes game mods? (Of course, I would be a bit surprised if a finalized law actually would permit the credit to game mods, so this is really just an academic discussion.)

    10. Re:Interesting by Courageous · · Score: 1

      Very well. Then homebuyers are subsidized, and renters are not. In fact, every tax incentive, of any kind, in this country is a subsidy. I'm fine with this definition, in so far as we agree on terms. All of these tax deductions are subsidies. Really, they should all be done away with.

      C//

  12. This or Reform by Anonymous Coward · · Score: 0

    Though I think this would be nice for open source developers, I think most would prefer the government and these progressive PACs spend their time and engery pushing for software patent reform and at least a partial rollback of the DMCA.

  13. One for all. All for one. by Anonymous Coward · · Score: 0

    "The Center for American Progress is proposing an R&D tax credit for open source development." From the article: "Subsidizing open source software development can also be justified on grounds of economic efficiency. Open source software development enhances the ability of other developers to create new products. It also enhances the development and dissemination of knowledge and ideas more broadly. Since the benefits to the broader software development community and the economy as a whole go well beyond the users of an individual software product, a policy that subsidizes open source development would increase economic efficiency."

    The same could be said for science. Do scientists get tax breaks? How about other fields? Let's take this idea to it's limits.

    1. Re:One for all. All for one. by DannyO152 · · Score: 1

      The government gives scientists research grants. I'd guess that there are grants for academics in the computer sciences, so it's probably already happening.

      A developer writes a proposal and demonstrates the benefits from the development, the government reviews and grants funds, and at then end of the grant period the developed software goes into the common pool for re-use (BSD-style license I would think.) (Of course, how many software projects fail to meet goals in the estimated time. And wouldn't the news media have an inexhaustible supply of "goofy ways the government spends your taxes" stories.)

      But, as for tax breaks? Let's say you are Company A and you hire a developer for some r&d. The salary costs of that person's salary and benefits are fully expensible already. For the government to add some additional reductions in taxes just doesn't make sense. In fact, it sounds like a giveaway.

      And let's say you're Company A's PHB, and the government says in return for the tax reduction, you have to share your r&d results. Don't the advantages of being a swell guy get quickly overwhelmed by the lessons from those take-aways you got at the "Get a patent and retire to Bermuda" seminar you attended last week? (Or do you game the system by putting the crap code into the pool, overvaluing the code/overestimating the costs for the tax benefits, and then withhold the good stuff for future products and patent submarines?)

      Now I managed to get through college without the burden of economics classes, but it seems to me that economic efficiency doesn't need any help. (And wouldn't my libertarian friends suggest that government interference would in fact disrupt the efficiencies as politics intrude to be sure that the code is "good" code and doesn't interfere with the war against drugs, pornography, indecency, culture self-distribution, terrorists real, imagined and to-be, and the unharassed teaching of evolution?)

  14. Here's what will happen by linguizic · · Score: 1

    Every company will put linux on a machine and have the user use bugzilla. Then they'll try to claim the tax credit.

    --
    Does this sig remind you of Agatha Christie?
    1. Re:Here's what will happen by Anonymous Coward · · Score: 0

      You missed the point. The article said open source "developers" not open source "users". And I'm pretty sure the government is smart enough (god, this statement alone is gonna yield so many jokes) to know the difference between a person who writes a 10 line script, releases it, and waits for his refund; and a group of hard-working individuals who come home and program for several hours a day on their own spare time inorder to release a high quality, open application. As for this tax-credit, I say its about time! I really doubt its going to happen (isn't the US just a little bit in debt?) but if it ever did, it would be a huge incentive for developers to work on OSS. I'm sick and tired of people assuming that people see open source and 'free' (as in no-money, not as in beer) software are equivalent, and thus bash open source developers for having "no source of income". At the very least, this would put those (or at least some of those) outcries to rest. /rant

    2. Re:Here's what will happen by linguizic · · Score: 1

      At the very least the tax credit would be an enormous boon to open-source software development. But I think you place way too much faith in the government. It would be somewhat hard though to prove the work that OSS developers do to the IRS. Without some heavy discussion and consideration on the part of the IRS, which seems to go out of it's way to not look into corporate taxes and would rather pick on the little guys because it's easier, this would open up tons of loopholes. I think it's a great idea, but this government is too corrupt and inept to innact in a useful way. Perhaps this will change after 2008, and maybe after mid-term elections, but the Democrats still seem to be trying to out republican the republicans.

      What it boils down to for me is that this isn't the right political climate for such a bill right now.

      --
      Does this sig remind you of Agatha Christie?
    3. Re:Here's what will happen by BrianUofR · · Score: 1

      I believe the tax credit is for development/production but not usage/consumption of OSS.

  15. Solution in search of a problem? by fortinbras47 · · Score: 1
    Non-profit foundations that develop open source are already tax deductible.

    I hate to be the one pouring cold water on this proposal, but it sounds more like an abusable deduction that would allow any programmer to write off 20% of all their computer equipment purchases. If I wanted to abuse the system, couldn't I just write a hello world program, say I spent 2 monthes writing it, throw it on my website, and claim a fat deduction on everything? Would the government have to get in the business of deciding what's worthwhile open source?

    Heck, I'm a programmer so this proposal is probably good for me, but stuff like this is why the complete Interal Revenue Code is 3.4 million words, literally 7500 pages long, and filled with loopholes.

    1. Re:Solution in search of a problem? by Otter · · Score: 1
      I hate to be the one pouring cold water on this proposal, but it sounds more like an abusable deduction that would allow any programmer to write off 20% of all their computer equipment purchases. If I wanted to abuse the system, couldn't I just write a hello world program, say I spent 2 monthes writing it, throw it on my website, and claim a fat deduction on everything?

      To put it another way, the amount of effort you'd have to expend on accounting probably outweighs any benefit you'd get. Basically, if you buy something and use it for >50% open-source development and if you fully document it, you can get 20% back. I can't see too many developers getting much out of this.

    2. Re:Solution in search of a problem? by stunt_penguin · · Score: 1

      Loopholes? Like:

      10 taxes = new.civilresponsibility ();
      20 taxes.dodge
      30 goto 20;
      Damn, I can't be bothered coming up with something funnier than this. Must be getting near midnight.

      --
      When the posters fear their moderators, there is tyranny; when the moderators fears the posters, there is liberty.
    3. Re:Solution in search of a problem? by swBull · · Score: 1

      I agree that this capability could allow programmers to deduct 20% of the expenses that they incur for hardware and software - but I certainly don't see this as abuse. North American governments (I am from Canada) haven't been putting enough effort into R&D at all. By allowing someone to write off some equipment (h/w and s/w) they are encouraging more R&D - and it is these fledgling R&D efforts that creates the technologies of tomorrow. All I want to know is how do I get the Canadian government to do the same!

  16. Subsidies as a cure for "economic inefficiency" by Ogemaniac · · Score: 3, Insightful

    There is always one glaring flaw with this plan, even if there is a real market failure that could be addressed by the subsidy - taxes are economically inefficient. Typical estimates of the inefficiency of our standard taxes (income, payroll, sales, and property) run between 10 and 60 cents on the dollar collected, with 20 cents being a conservative average. In other words, the government has to remove $1.20 from the economy to collect a dollar. Or, you could say the government pays for everything at a 20% premium.

    Even if there is some sort of market failure with respect to open source (it is probably the same one that is cited for R&D in general), trying to cure it with another market failure is not the answer unless the R&D failure is much larger. I once saw a presentation by someone from NSF on this very topic (The Economic Case for Basic Research), and when I pointed this problem out to him, he actually didn't have an answer. I was surprised, given that most of us learned about the inefficiency of taxes in Econ 101.

    1. Re:Subsidies as a cure for "economic inefficiency" by Anonymous Coward · · Score: 0

      You mean the goverment has to remove $1.25 from the economy to get $1, assuming 20% is wasted during collection.

    2. Re:Subsidies as a cure for "economic inefficiency" by Anonymous Coward · · Score: 1, Insightful

      That doesn't make any sense at all. There is absolutely nothing that says that government invested money (collected by taxes) is any less "efficient" than private investments. In fact, your whole argument is mightily absurd because it can be used against all forms of taxation. Please do not try and claim that your political agenda (neo liberalism) is a science (economy).

    3. Re:Subsidies as a cure for "economic inefficiency" by MSG · · Score: 1

      It's not a "cure" for anything. Commercial developers and businesses that develop in-house software get to claim credits on development costs. This proposal extends the same benefits to individual developers. What's good for the goose...

    4. Re:Subsidies as a cure for "economic inefficiency" by Anonymous Coward · · Score: 0

      It's interesting you are against this proposal, as it is actually about _lowering_ taxes. It's a tax _credit_ after all, remember? So what do we get from this now? Lower taxes = lower deadweight costs. + more OSS. Looks like a win-win situation to me...

      Of course we could go into the problems of quantifying the benefits and costs of R&D and the taxes needed to finance it, but this article is very clear-cut from this perspective. Of course we could start wondering where the government will get the missing money, or on what will it spend less. Then we would get back to a quantification problem again. Is OSS creating enough benefits for the economy that it grows enough to pay for the lower level of taxes needed to keep it up --- in the long term? That might be a question to think and argue about.

    5. Re:Subsidies as a cure for "economic inefficiency" by theodicey · · Score: 1
      A tax subsidy removes the market-distorting effects of taxes, it doesn't introduce new ones. This is because coporations are deciding how to allocate their capital, the government isn't doing it for them.

      Companies are currently underinvesting in R&D (relative to recent 1950s- American history). Part of this is because the money they spend on R&D is taxable at standard rates, while there are other investment choices with lower tax cost (e.g. buying depreciable cubicles). When R&D taxes are decreased, R&D spending moves towards its natural equilibrium level.

    6. Re:Subsidies as a cure for "economic inefficiency" by Anonymous Coward · · Score: 0
      In other words, the government has to remove $1.20 from the economy to collect a dollar

      Uh. That is rather naive a statement: the overhead govts have (just like any human ventures) does not just evaporate into space. Generally that money goes back to economy, just not in its intended target. There are exceptions, of course; during war time effort spend on ammo, for example, indeed tends to blow up in the sky. But usually everything from bribes to cost overruns find their way back into the general economy, filling pockets of some enterpreneur or other.

      Besides, tax credits are not meant to reduce any inefficiencies, but to try to guide development into desired direction (which is based on various factors, sometimes economical, sometimes not).

    7. Re:Subsidies as a cure for "economic inefficiency" by zippthorne · · Score: 1

      You've made a very important assumption. The assumption you're making is that the breakdown goes like this:

      government removes $1.20 from the economy through taxation

      $0.20 lost as "waste heat" somehow
      $1.00 spent on economically useful projects

      $1.00 + $.20 = $1.20, and everyone's happy.

      The real problem is that by definition, a governments activities contrary to an efficient market. If they weren't, those activities would already be taken care of by said market. The social merits of those activities are irrelevant to this discussion. The simple fact is that government action hurts the economy regardless its other benefits.

      I believe the real equation goes more like this:

      Government directs $2.00 of the economy's output/feedstock.
      $1.00 of this is accounted for on-the-books through taxation
      $0.80 of this is accounted for between-the-lines through debt service
      $0.20 of this is accounted for by inflation due to out-and-out printing-too-much-money

      The distinction between debt and moneyprinting is a bit fuzzy, and plenty of accounting tricks are used to hide the various means. Accounting tricks used by accountants paid out of the $2.00 btw. However, redirected wealth recognized as debt does serve to reduce inflationary pressure. Also, counterfeiters remove wealth via the third option as well. However, it could not be said that their activities have any socially redeeming value whatsoever, and are a separate entity from government and irrelevant to discussing government's effects.

      so, some conclusions: Government spending removes wealth from the economy regardless of how it is accounted for simply by redirecting efforts. Governments do not need to tax anything at all. They could simply print all the money they need and allow inflation to take care of the value removed from the economy. Therefore, the tax plan serves two purposes:

      1) reduce inflation by keeping the money supply constant
      2) direct the lost wealth at specific individuals/ classes of individuals to avoid accountability.

      note that (1) is good for lenders, but not so good for borrowers on an individual scale

      --
      Can you be Even More Awesome?!
    8. Re:Subsidies as a cure for "economic inefficiency" by Anonymous Coward · · Score: 0

      "the government has to remove $1.20 from the economy to collect a dollar"

      I don't think it's quite correct to say that government removes from the economy. It doesn't generally add to the economy directly, but that would be true of any service-based business, wouldn't it?

      Isn't government just a part of the service sector?

  17. The details. by GoofyBoy · · Score: 1

    The value of an individual's donated time would not qualify|similar to the way charitable contributions are treated. However, out-of-pocket costs, such as fees for web hosting, the depreciated cost of capital expenses such as computers, travel to development-related conferences, and other expenses would qualify for a 20 percent refundable tax credit. We chose 20 percent as the amount of the credit after an examination of the literature surrounding the historical value of the Federal Research Tax credit. ...

    There is no formal, systematic evidence on the amount of out-of-pocket expenses by individuals for open source development. Informal evidence suggests that half of all developers have no out-of-pocket costs; and for the remaining half, the expenses average $500.21


    What a stupid idea. Lets make the tax system even more complex, for what?

    --
    The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
  18. I dont know 'bout you guys by __aalnoi707 · · Score: 0, Troll

    I think that this is a creat vicroty for the OpenSource commumnity. Encourageing OS development turns the heat up for the closed source developers (Microshaft). Giving them more incentive to develop means that we are going to see more companies giving up there source code and thus inceasing the quality of the product.

    1. Re:I dont know 'bout you guys by Expert+Determination · · Score: 1

      If you like open source, you'll love this. I recommend you use it.

      --
      "The White House is not an intelligence-gathering agency," -- Scott McClellan, Whitehouse spokesman.
    2. Re:I dont know 'bout you guys by __aalnoi707 · · Score: 1

      Oh yes I love that. Normally I just use google.com for spell checker

  19. Re:Free (barter) transactions are taxable as well! by wish+bot · · Score: 1
    That's interesting actually - I wonder how much this security patch I've written for a server program that just happens to run...ohhh...60% of the web is worth =)

    I wonder is the IRS views unpaid open-source web development as a type of barter?

    --
    lemonade was a popular drink and it still is
  20. This is a bad idea in my opinion by BigBuckHunter · · Score: 2, Insightful

    Any tax break of government subsidy is a bad thing. It gives the government control over the direction of any FLOSS that takes the money (just like schools that take federal money). It also puts you in a strange position if the software that you are developing violates one or more of your countries laws. I'm not willing to change the direction of my projects just for a subsidy.

    BBH

    1. Re:This is a bad idea in my opinion by jasonditz · · Score: 1

      Here's just a random idea off the top of my head, but what about not applying for the tax credit if you don't want it?

      Having the government steal slightly less of your money because you spent some of it developing open source software probably doesn't seem like a bad idea for a lot of us...

    2. Re:This is a bad idea in my opinion by BigBuckHunter · · Score: 1

      what about not applying for the tax credit if you don't want it

      It would be like not declaring charitable donations. All is well till audit time comes up, then they're like, "why didn't you declare these tax breaks", and you're like, "I do not feel it is prudent for the government to subsidize private industry". You'll get an awkward 10 second pause, followed by the worst three months of your life as they audit you for the last 5 years income.

      BBH

    3. Re:This is a bad idea in my opinion by hcdejong · · Score: 1

      How would this give the government any control? The IRS isn't going to audit your projects to see if they're 'un-American'.

    4. Re:This is a bad idea in my opinion by hcdejong · · Score: 1

      Yeah, right. Like they'll go around every home, saying 'why didn't you declare this computer for the FOSS tax break?'.

    5. Re:This is a bad idea in my opinion by jasonditz · · Score: 1

      Then how about picking a more prudent answer like "I lost my receipts" or "I didn't realize I could take that credit".

      I don't know of anybody whose ever gone to jail for not writing off their donations to charity. Can you come up with a single example or is this just an enjoyable piece of FUD?

    6. Re:This is a bad idea in my opinion by BigBuckHunter · · Score: 1

      I don't know of anybody whose ever gone to jail for

      Nobody said anything about jail. The "three months" was referring to something worse than jail. It is that time period where the government seems to think that you owe them $175K, and you have to find every scrap of paper from the last 5 years to prove them wrong. This usually involves having to call the "ex-wife" to get a copy of the deed that you signed over to her 4 years prior. Then it involves finding out that one of the dot.bomb's that you worked at 3 years prior "forgot" to pay their taxes before going under (at least I stole their laptop). Bought a car in NY years before driving to Seattle? Didn't pay sales tax when registering it in WA? Out of pocket expenses for Chemo only equal to 18% of your anual income?

      Jail? I would have motherf'in loved it!
      BBH

  21. We don't need more tax loopholes by Anonymous Coward · · Score: 1, Insightful

    You know how many pages of tax code would have to be added to define open source? Assuming that lawmakers don't mangle it into something that supports the industry even more. And it's not like all open-source is actually useful, either.

    1. Re:We don't need more tax loopholes by tepples · · Score: 1

      You know how many pages of tax code would have to be added to define open source?

      I count two.

  22. And Microsoft ... by ignavus · · Score: 1

    And Microsoft would immediately apply for its "Shared Source" to be granted a tax break.

    Would you want the US Congress determining the meaning of "open source"?

    --
    I am anarch of all I survey.
  23. You can get tax breaks for closed source NOW by HippieJoe · · Score: 3, Interesting

    Why wait for a proposal to pass when you can get HUGE tax credits for writing closed source software NOW? For example, Ohio gave a closed source company $82,386 to keep it's 11 employees in the state! (http://www.odod.state.oh.us/newsroom/releases/135 7.asp Third example, tax break + grants) Thats $7489 per employee now, not in some proposed future.

  24. sounds great by Surt · · Score: 1

    So all we have to do is put our totally unusable by any one else source code into open source, and suddenly we can write off our development costs!

    --
    "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  25. Keep your freakin tax credit and give back my SSI by argoff · · Score: 3, Insightful

    The truth is that all too often the government taxes people too much, and then they find themselves needing to give "tax credits" back to spurr innovation, retirement savings, house savings, college savings, and medical savings. Well bullshit. All that does is give the government more controll in my life to decide what is a priority and what is not.

    How about if they quit freakin taxing me so much to begin with. A nice start would be SSI, anyone under 40 must surely know that they'll never see a peny of it anyhow (unless the dollar is hyperinflated out of existence). Not only that, but we pay for it twice: once before you get your paycheck, and then it's deducted again after you get your paycheck. I especially resent using that number that dog tags me and makes it a cakewalk to steal my ID, I resent being forced into a ponzi scheme, and especially resent coercing my kids to pay for my retirement.

  26. Advantages for whom? by AlpineR · · Score: 2, Insightful
    "Seems odd that we need taxpayers to subsidize what is so obviously in people's economic self-interest in the first place."
    Huh? Open source software benefits the users, but it's still a drain on the resources of the individual who writes it. The writer might gain from having others contribute to his project, but users who neither write nor contribute have the best cost-benefit ratio.

    Taxpayers subsidize work precisely because it benefits them. Patents are granted because we all gain from the disclosure of inventions. Copyrights are granted because we want to encourage the creation of art and knowledge. Research is funded because it leads to economic growth.

    If open source software is an economic benefit for the nation, then it could be a good investment to encourage its production. The wisdom of the investment remains even if some writers are profiting already.

    Note that the proposal allows deductions only for expenses (hardware, services) and not for the writer's time and effort. In my open source work, my contribution in time is far more valuable than my expenses so there would be little impact. My motivations are altruism and the improvement of my tools from the attention of many eyes.

    AlpineR

    1. Re:Advantages for whom? by gr84b8 · · Score: 1
      Open source software benefits the users, but it's still a drain on the resources of the individual who writes it.
      There are exactly zero lead developers on successful open source projects who are not reaping huge personal and professional benefits from its success. I agree that open source contribution is extremely beneficial to everyone, but these days the lead contributors to widely used projects are not picking up welfare checks - in fact they arre more like celebrities.

      That said, I like the idea of this tax break to inspire more folks to follow up on their ideas and innovate - wonder how the IRS will audit this one..... counting lines of published code??? What if the code doesn't compile? Or doesn't do anything?
  27. Re:Free (barter) transactions are taxable as well! by ajwitte · · Score: 1

    Probably not, unless you receive goods and/or services as a direct result of your contributions.

    --
    chown -R us ~you/base
  28. No thank you by Locke2005 · · Score: 1

    A government that has the power to raise or reduce taxes to benefit open source ALSO has the power to raise or reduce taxes to benefit huge corporations with a heck of a lot more money to give for campaign contributions... who do you think this type of economic intervention will wind up benefitting more? Sorry, but I'm a flat tax advocate -- the government shouldn't be mucking with the economic system at all through preferential taxation. If open source is to succeed or fail, it must do so on it's own merit. (P.S. Yes, I'm also against the mortgage interest tax credit, even though it benefits me to the tune of thousands of dollars per year.)

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  29. Re:How appropriate by Anonymous Coward · · Score: 0, Redundant

    Can somebody friggin' fix slashdot so I never have to see another post like this again?!?!?! It's getting god-damned irritating. Every moron who sees this has to make a "how appropriate!" comment like their the first to ever think of the concept.

  30. Fair enough... by Mr.+Funky · · Score: 2, Insightful

    But be careful !
    I am a coder long enough now to know good programming is a form of modern art and thus should be appreciated accordingly.

    But... If they just hand over the money, I see some problems on the horizon.
    I mean, as long if it is OSS most people just code for fun and fame, but if money gets involved people get greedy (don't we all?) + every Billy-Joe-Bob would become an 'OSS-developer' all of a sudden.

    Instead they'd better sponsor resources such as PC's, servers, hosting, free fat pipes for developers etc. and monitor that.

    --
    Damnit Jim, I'm [root@localhost w00t]#, not an AD-Adminstrator(tm) !
  31. MOD PARENT DOWN by Anonymous Coward · · Score: 0

    Contains a goatse link.

    1. Re:MOD PARENT DOWN by ArsenneLupin · · Score: 1
      Yes, indeed. GP is talking out of his ass!

      Funny though that it got moderated up as Informative...

  32. Even better approach... by Anonymous Coward · · Score: 0

    Maybe a better approach is to help subsidize the cost of retraining programmers that lose their jobs because their commercial product got displaced by open source software. I'm not saying that open source is bad--I'm just coming up with one possible way to help negate a drawback.

    Sure, open source also helps small businesses and also creates jobs--I'm not demonizing it--but it sounds like helping the few that are directly impacted isn't such a bad idea.

    If lawyers open sourced legal forms, then the demand for lawyers would diminish and they'd see their incomes decline. Maybe that is why we don't see them following the footsteps of programmers...

  33. Money!!! by wetfeetl33t · · Score: 1

    I have a coffee machine that runs linux. Can I get a tax credit for that?

    --
    Register the editry.
  34. No thanks! by Zarxrax · · Score: 3, Interesting

    Instead of supporting the further degeneration of a broken tax system, how about supporting a better one altogether? http://fairtax.org/ http://fairtaxgroups.com/

  35. Re:Free (barter) transactions are taxable as well! by Anonymous Coward · · Score: 0

    In many countries, the barter part is only applicable if the service is rendered by someone who is doing this in some professional capacity. Thus, if OSS development is purely done by amateurs with limited knowledge who don't make a living out of coding, that would be OK in my country tax-wise.

    Now, if OSS development is done by qualified specialists who make a living coding, the whole tax-break article should be reversed. Any plumber working for free for his neighbour or children's school is performing an act og barter which is taxable even though no cash changes hands.

  36. Great or not, it wouldn't fly by WebCowboy · · Score: 1

    I think that tax incentives for open source development would be a great way for governments to "pay for" the open source software they use as well, but I think the pushback from closed software developers would be too much for such an idea to take hold.

    Microsoft, either directly or through industry lobbyists, would argure that it represents an unfair subsidy of its competition. Yes, Microsoft would be able to participate in open source development to take advantage of the tax incentive just like everyone else, but MS wouldn't belabour that point. The big argument would be that Microsoft Research wouldn't be able to get tax breaks unless it distributed its source code the way the government tells it to do so, and that for the most part those distribution methods are incompatible with the MS business model.

    I might (hopefully) be wrong, but I think this is one idea that'll die on the vine. If it does not, and such a tax break is implemented, count on it to define "open source" so broadly as to include any "source available" research projects, such as the "look but don't tough" MS Shared SOurce initiative, or even developers who only offer source code upon payment of a license fee and a signature on an iron-clad NDA. I suppose that would be better than nothing though.

    Now the next hurdle to get over is the profound aversion to giving up tax revenue that most governments cannot seem to shake...

    1. Re:Great or not, it wouldn't fly by I'm+Don+Giovanni · · Score: 1

      You make good points, but your arguments would carry more weight if they weren't so MS-centric. "Microsoft would argue...", the "MS business model", etc. Microsoft isn't the only closed-source software company, and doesn't even produce the majority of closed-source software, not by a long shot.

      Apple is a slashdot favorite, why not use them in your argument? Maybe Apple wouldn't like government subsidizing open source competition to iLife and the like. How about Adobe? I doubt Adobe wants government to subsidize GIMP. Microsoft isn't the only company with something at stake here, and they would likely survive more easily than the smaller companies.

      --
      -- "I never gave these stories much credence." - HAL 9000
    2. Re:Great or not, it wouldn't fly by cyber-vandal · · Score: 1

      Just because he uses MS as an example of the type of pressure that might be applied against such a move doesn't damage his argument in the least. MS may not produce the majority of closed source software but it is the biggest software company in the world and as such is the ideal organisation to mention in such an argument. Or did you expect him to list all proprietary ISVs just to avoid an accusation of bias.

    3. Re:Great or not, it wouldn't fly by Kadin2048 · · Score: 1

      I doubt Apple would care if the government wanted to make a photo management program. They've showed in the past that they have no objections to taking an open source project, polishing it up, slapping a nice user interface on it, and using it to make money. In fact, that's arguably their business model; they only actually write software when it doesn't exist already in some way they can use.

      I think they would protest a lot less against government funded OSS research than you are thinking they would, because the benefits they would reap as a company could be pretty significant. Their business model isn't incompatible with using open source, especially BSD licensed stuff that they can incorporate into their own stuff.

      Companies like Microsoft that really are software and only software companies, stand to lose the most from OSS development. MS in particular, because they have such a lock on the market, there's really nowhere to go but down -- anything that changes the competitive landscape is inherently bad for them, because they're doing so well the way things are. As an example of a company to which OSS is anathema, they're pretty good.

      I can think of a few other companies who would also be against such a funding scheme, though: Oracle tops my list, since any improvement in open source databases pretty much cuts away at their core business; depending on the direction that the funding went (what terms of projects were subsidized) there are other companies that would probably try to kill it too, if it strayed into their corner of the market. I'm thinking of CRM/ERP vendors like SAP in particular.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  37. And in other news... by alexhs · · Score: 0

    ... Bill Gates is planning to write an open source VB .Net version of his old hit, gorilla.bas .

    --
    I have discovered a truly marvelous proof of killer sig, which this margin is too narrow to contain.
  38. OSS has already paid for itself here by hacker · · Score: 4, Informative

    As an OSS developer, I can say that working on Open Source code/projects has already paid for itself in tax deductions many times over in the last decade.

    Those donations you get from the "Paypal" button on your project homepage? Deductable as gifts, not income.

    Those hard drives you upgraded to house your OSS code through RCS on a RAID system? Deductable as a business expense.

    The space in your house used to develop/work on that OSS code? Deductable as your "workspace".

    In my case, I also host and house dozens of projects for the OSS community, mailing lists, web space, torrent trackers, and lots of other things.

    That broadband bill? Deductable. Power to keep servers running 24x7? Deductable.

    I also have a "regular day job", and I work at the home office, so that too, is deductable, since it is a dedicated section of the house specifically for that.

    Being a long-time OSS developer and supporter has definitely paid for itself many times over in deductions alone, not to mention the Google ad revenue that helps fund the websites I maintain and support, out-of-pocket upgrades to storage, servers, etc.

    Having a clueful CPA? Priceless .

    1. Re:OSS has already paid for itself here by mzwaterski · · Score: 1

      Deductible gifts? I hope that you mean you exclude them from your income... You might consider them deductible if you report the income and then deduct it? Does PayPal report your receipts as gifts or something? Otherwise, you would not report or deduct the income if it is properly considered a gift.

    2. Re:OSS has already paid for itself here by Anonymous Coward · · Score: 0

      I'm pretty sure the paypal stuff is just a gift. As long as the gift total less than 10,000 you probably don't have to declare them at all. It may be as long as there is not a single gift over 10,000 you don't have to declare them at all. I really don't see how its deductable at all, you have do have to pay taxes on certain gifts. I assume you're in the U.S., right?

      I think your CPA needs to explain some stuff a little better =)

    3. Re:OSS has already paid for itself here by Anonymous Coward · · Score: 1, Informative

      Those hard drives you upgraded to house your OSS code through RCS on a RAID system? Deductable as a business expense.

      The space in your house used to develop/work on that OSS code? Deductable as your "workspace".

      In my case, I also host and house dozens of projects for the OSS community, mailing lists, web space, torrent trackers, and lots of other things.

      That broadband bill? Deductable. Power to keep servers running 24x7? Deductable.


      Unless you're turning a profit on this endeavor or have a solid business plan describing how you plan to make money, you won't be smiling so much when the IRS audits you and disallows all of these deducations, classifying them as "hobby loss." Look it up.

      I also have a "regular day job", and I work at the home office, so that too, is deductable, since it is a dedicated section of the house specifically for that.

      If your employer provides you with office space for your "regular day job", then your home office is not deductible, even if it's used solely in support of your regular job. The fact that you have a "regular day job" also greatly increases the chances that the IRS won't believe that your OSS "business" is a real business. Again, if you are taking a net loss for your OSS endeavor, you are in serious trouble. If your revenue is greater than your expenses, all should be well. Otherwise, get ready to be bent over by the IRS.

  39. Barter vs. Volunteer by Belial6 · · Score: 1

    While, FOSS would likely be considered 'volunteer' work, what about watching comercials. We have been told be media barons that skipping comercials is stealing because we have implicitly agreed to watch the comercials in exchange for content. If that is true, then the IRS should be going after the media barons for not paying taxes on the millions (billions?) of dollars worth barter they have had with the viewers.

  40. Re:Free (barter) transactions are taxable as well! by Anonymous Coward · · Score: 0

    They do in my country for all industries I can think of, but I have not seen it for OSS development (yet). As a minimum, sales tax is rendered, but the value of the service is added as taxable income as well. With a tax rate approaching 50% and a sales tax rate of 25% this quickly adds up to big bucks.

    However, if you are an amateur who don't know what you are doing, you don't have to worry about tax.

    OSS people should be exceptionally pleased that there has not been taxes levied on development work. Proposing a tax break in such a situation is not particuarly smart.

  41. Awesome ! by Joebert · · Score: 1

    Now if I could only get Uncle Sam to let me slide on doing my taxes untill this goes through. =P

    --
    Wanna fight ? Bend over, stick your head up your ass, and fight for air.
  42. Horrible Idea by Anonymous Coward · · Score: 2, Interesting

    How about letting market forces (you know, that little supply and demand thing) determine how/when/why a product is adopted instead of using community resources to pad it? Successful OpenSource projects are successful because they are forced to COMPETE, often much harder than their proprietary counterparts. Weighing the game in favor of OS does as much damage as IP does for proprietary software.

    Furthermore, just because software is OS doesn't mean it's good. Why give tax credits to those who don't deserve them? Better instead to force them to compete by being good, and, therefore, deserving of profit.

  43. This makes sense... by swelke · · Score: 2, Funny

    This proposal makes an incredible amount of sense. The open source model is an excellent way to develop high quality software on the cheap. Large scale open source development would help the economy in a number of ways.

    Therefore it will never be approved.

    --
    Have you ever wondered How to Take Over
  44. Re:Keep your freakin tax credit and give back my S by StikyPad · · Score: 1

    It's ironic that the system designed to protect us from centralized power and its abuses has effectively just created a multi-tiered tax system. Between federal, state, and local taxes, many people are paying almost half their incomes in tax, and no one level is particularly accountable to any other. So the states can claim that they need their 7% income and sales tax, the city can claim their property tax, and the Fed can claim their ~30%.

    But, at least they're responsible with our tax dollars, maintain a balanced budget, don't go into debt, and serve as the model of efficiency.

  45. get a clue by penguin-collective · · Score: 1

    A nice start would be SSI, anyone under 40 must surely know that they'll never see a peny of it anyhow

    Unless people like Bush manage to turn back the clock to 19th century conditions with people starving in the streets, one way or another, the government will provide minimal food and health care for old people. After all, old people vote.

    I especially resent using that number that dog tags me and makes it a cakewalk to steal my ID

    If right wing nuts didn't keep interfering in the deployment of a secure national ID system, you wouldn't have to worry about that.

    I resent being forced into a ponzi scheme, and especially resent coercing my kids to pay for my retirement.

    Your kids will pay for your retirement--it doesn't matter how you dress it up: privat retirement accounts, social security, whatever. Even if you stuff money under a mattress, when you use it to buy services once you're retired, you're still depriving your kids of the same amount of goods and services. It's not a "Ponzi scheme", it's a simple economic truth.

    The only difference between SSI and other plans is that SSI makes sure everybody is forced to create a minimal income they can live on, and that's good thing. Because if we don't force everybody to do this, people like you would just have a party with their money or invest it poorly and the state still would need to take care of you when you're old, because we don't actually let people starve. Maybe we should, but we don't.

    1. Re:get a clue by spencerogden · · Score: 1

      "people like you would just have a party with their money or invest it poorly and the state still would need to take care of you when you're old"

      Ah yes, classic liberal attitude. "Other" people are stupud, so we must protect them from themselves.

      I fail to see how the inefficiency of the system are outweighed by the benefits of forced spending.

      Social Security was created to protect people from unfortunate economic luck in life. But maybe it has removed some incentive for people to plan and invest for the future?

    2. Re:get a clue by Anonymous Coward · · Score: 0

      But maybe it has removed some incentive for people to plan and invest for the future?

      That's exactly what it has done. It has removed the biggest incentive there is--the risk of an untimely and unpleasant death.

      The part where you and I disagree is when you start saying that this is a bad thing.

    3. Re:get a clue by argoff · · Score: 1

      Unless people like Bush manage to turn back the clock to 19th century conditions with people starving in the streets, one way or another, the government will provide minimal food and health care for old people. After all, old people vote.

      People voting didn't prevent the great depression, nor the inflation in the 80's. You can't vote something that is inherently insolvent to become inherently solvent. If people like Bush don't manage to shut down SSI, the dollar will likely become insolvent.

      If right wing nuts didn't keep interfering in the deployment of a secure national ID system, you wouldn't have to worry about that.

      If left wing nuts didn't create the SSI system/number to begin with, we wouldn't need to worry about neither.

      Your kids will pay for your retirement--it doesn't matter how you dress it up: privat retirement accounts, social security, whatever. Even if you stuff money under a mattress, when you use it to buy services once you're retired, you're still depriving your kids of the same amount of goods and services. It's not a "Ponzi scheme", it's a simple economic truth.

      This makes an implicit assumption that money forcefully invested in government IOU's would provide people a better future than money invested by individuals. That assumption is a lie. Also, if it deprives them of the same goods and services either way - a loving parent would rather they be given savings in return for those goods and services, than taxes.

    4. Re:get a clue by penguin-collective · · Score: 1

      Ah yes, classic liberal attitude. "Other" people are stupud, so we must protect them from themselves.

      It's not about protecting people from themselves, it's about protecting my pocket book from your poor choices. Why? Because if you don't fund your own retirement, society will have to bear the burden of clothing and feeding you no matter whether you have paid into social security or not.

      But you're right to this degree: social security is probably a bad way of doing it because it's regressive and raises false expectations. It's much better to pay social security benefits out of the normal, progressive federal income tax revenues. That way, any illusion that people like you have that social security is some kind of savings plan would be eliminated.

    5. Re:get a clue by penguin-collective · · Score: 1

      If people like Bush don't manage to shut down SSI, the dollar will likely become insolvent.

      The US is becoming insolvent because it is spending a large amount of its tax revenues on military adventures that it cannot afford; in different words, the great, proud US military is financed by loans from the Chinese, the Japanese, and the Europeans.

      And the devaluation of the dollar has nothing to do with social security (what a hare-brained idea); it is simply the result of trade imbalances. The fact that the devaluation is likely going to be catastrophic, however, is the result of bad US government policies; the dollar should already be devalued to the point where there is no trade imbalance.

      This makes an implicit assumption that money forcefully invested in government IOU's would provide people a better future than money invested by individuals.

      I made no argument about which kind of investment gives a better future. In fact, I argued that the point of social security was not to give people a better future, it was to keep people from becoming a burden to their fellow citizens. Furthermore, I pointed out that a better financial future for retirees automatically means a worse future for working families because both are bidding on the same scarce resources; ultimately, it is simply not desirable to have large amounts of wealth in the hands of people who aren't actively contributing to the economy.

  46. Stupid and pointless. by jcr · · Score: 5, Insightful

    Just ask anyone who's tried to organize a 501 (c)(3) corporation. We do NOT need IRS involved in deciding what is or isn't open-source software.

    Lobbying for little tax breaks here and there simply perpetuates the problems of the tax system being used as an instrument of policy.

    There's a better way.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
    1. Re:Stupid and pointless. by Anonymous Coward · · Score: 0

      Every time I see someone post something about FairTax, I'm just reminded of how unfair the proposition is. Please consider the following link, and scroll to the bottom to see the "Problems" listing. Post rebuttals, if you have time and care to. Sorry, "Fair"Tax just irks me a lot.

      http://www.mises.org/story/1975

    2. Re:Stupid and pointless. by jcr · · Score: 2, Interesting

      Sorry, "Fair"Tax just irks me a lot.

      I've seen that critique, and I'm still for the FairTax proposal, mostly because it puts an end to the federal government knowing how much we earn, which was never any of their damned business. This is why I consider it superior to Forbes' flat tax proposal, for example.

      The main things it has going for it are: 1) it eliminates tax manipulation as a political tool, 2) it causes a massive repatriation of funds to the USA, 3) it removes tax consequences as a criterion for investment decisions and 4) it makes it far more difficult for the feds to conceal how much of our money they're taking. Once it passes, I expect considerable pressures will be brought to bear on the congress to reduce the rate.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    3. Re:Stupid and pointless. by GaryPatterson · · Score: 1

      Be careful how a goods and services tax (GST) is implemented.

      The government here in Australia brought it in about five or six years ago, on the promise of lowered income tax and generally cheaper goods.

      Some of us wondered how that could work - if the government gets less money, how can they provide the current level of services? We were shouted down by record advertising spending promoting the tax. You couldn't turn on the TV or look at the paper without seeing how it'd 'unchain families from their tax burden'.

      The result has been that many archaic taxes were abolished (there was a 22% tax on computer equipment, for example) but many items (such as food) are now taxed when previously they weren't.

      This latter point hit the low-income earners hard. The income tax saving for them was either minimal or zero, and they had to pay more for food. People struggling to make ends meet had to struggle a little harder.

      The rest of us saw a little more take-hom pay, but I've seen many analyses in print (and my own case agrees) showing that we pay more overall after the tax compared to before the tax.

      In addition, since many business to business transactions are untaxed (they're part of a chain, with only the end-point being taxed) there's a good deal of paperwork required that small businesses must complete every month, every quarter and ever financial year.

      A move to a pure GST with no income tax would probably peg the GST around 30% or more (my cursory glance at that fair-tax page didn't turn up a recommended GST rate). If it were implemented, you can expect that the tax dollars flowing to the government would not drop, only their sources would be redistributed. What tax rate would that mean?

    4. Re:Stupid and pointless. by jcr · · Score: 1

      The government here in Australia brought it in about five or six years ago, on the promise of lowered income tax

      That's where they went off the rails. They managed to make it an additional tax, not a replacement for income tax.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
  47. s/Open Source/Public Domain/g by iamacat · · Score: 2, Interesting

    If I already paid for programmer's time with my taxes, I should be able to use the source in any way I want - without giving away my own work, acceditation or any other trouble whatsoever. By the way, the same goes for patents received by university stuff/students, software written for a government contract etc.

    If you want to impose GPL on me, do it on your own time/dime.

    1. Re:s/Open Source/Public Domain/g by Anonymous Coward · · Score: 0

      Exactly. Like how I already paid for the roads with my taxes, so I should be able to use them however I want. Drunk driving at 100 mph? I paid for it, I should be allowed to do it!

      I hate all the people who say the GPL is "free." How can it be free if there are restrictions? Like how the USA is a free country, so I have the freedom to sneak into your house at night and kill you in your sleep. Anything less isn't freedom at all.

    2. Re:s/Open Source/Public Domain/g by iamacat · · Score: 1

      Care to explain how public domain source is related to drunk driving or killing people in their sleep?

  48. Yes my pretties. by fatduck · · Score: 1

    It's okay, tax breaks aren't tax dollars, they're tax [i]undollars[/i].

    I for one welcome our new congressional overlords...oversight.

    --
    Making you think you're crazy is a billion dollar industry.
  49. Requirements by Anonymous Coward · · Score: 0

    Sounds like a good idea but there should be additional requirements. For example, the code should be readable by others. It would be easy to write code and intentionally not comment it (or even withhold the comments) so that it is only usable to the author.

  50. You do not understand my point by Ogemaniac · · Score: 1

    While I would defend the point that government R&D is a waste compared to private R&D (I am a scientist, btw), I said nothing of the sort in my previous post.

    Instead, what I said was that taxes are inefficient. The logic is pretty simple. Most taxes we collect (income, payroll, sales, property) are taxes on productive behavior. It is common sense, and easily measurable, that when you tax an activity, you get less of it. Hence, raising taxes causes you, me, your cousin Tony, and just above everyone else to shift their behavior away from doing productive things like working, building homes, or buying and selling, and towards less productive activities. The estimate is that we lose about 20 cents of productivity for each dollar we collect. In other words, society has to pay a buck twenty in order for the government to collect a dollar, at least by the normal route. And this is not counting such costs as the IRS, tax compliance, and the costs of politics itself. As I said, this is Econ 101 stuff.

    1. Re:You do not understand my point by bit01 · · Score: 1

      This argument depends hugely on what you mean by productive behaviour.

      e.g. If some workaholic is discouraged from working long hours because of high marginal taxes, spends more time with the family and as a result the kids grow up as better adjusted then that in my book is a net productivity/efficiency win. Plus, depending on how much less the workaholic works, you might get some extra taxes.

      Like a lot of weak economic arguments your argument assumes there are no economic externalities, that economics is the only reality. Not true; taxes are used for social policy reasons all the time e.g. progressive taxation, smoking taxes, R&D tax breaks etc.

      Not saying your argument is necessarily incorrect; just that it requires much more justification than you're giving. Until everything on earth can be monetized, including things like "love", "security", "privacy" and "freedom", then economics cannot have all the answers and to claim something is economically "inefficient" is a partial answer at the very best and to call it a "glaring flaw" is an exaggeration.

      ---

      Open source software is everything that closed source software is. Plus the source is available.

  51. Yes, it does "evaporate into space" by Ogemaniac · · Score: 2, Interesting

    because no one ever earns the money in the first place. That is the tragedy of the dead weight loss, where a win-win exchange is averted because the government tries to take a bigger cut than the net gain between the two traders.

  52. I disagree, companies are not underinvesting by Ogemaniac · · Score: 1

    Rather, R&D is providing less bang for the buck. It takes far more people, money, and equipment to get far less novel and exploitable information that it did 50 or 100 years ago.

  53. Re:Keep your freakin tax credit and give back my S by KingJoshi · · Score: 2, Insightful

    Insightful? Off-topic! and incorrect.

    We don't have a Social Security crisis. It's all crap propaganda. It definitely needs to be tweaked, but the politicians are just trying to rile people up and divert attention from real issues. And they're succeeding.

    We have a surplus of SS money for at least until 2040. The projections go out for 75 years and sometime before then, we start having a debt regarding SS taxes coming in and money going out. Congressional Budge Office (CBO) studies show that if we don't extend Bush's tax cuts after 2009, we'll have SS surplus until 2050. So at worst, we'd have to reduce SSI handout out if we don't increase the retirement age or increase the budget towards SS. But a temporary debt is okay because population levels fluctuates. After the baby boomers die, our SS situation will be fine again.

    Including health care costs for wounded soldiers, Iraq war and occupation could top $2 trilion. How about those tax cuts? I saw a NY Times article stating CBO projections estimated a difference in revenues of $1.7 trillion over the 10 years. A San Francisco Chronicle article mentions a difference of $737 billion. The difference could be due to when the projections started and ended. This doesn't include reports of the economy improving slower then from any previous recession and being short on the administration's projections of jobs by millions (just think of the revenue difference there).

    If even a portion of those funds went to social security, we would have not debt for social security for 75 years! The fact remains, the US government takes out enough money from taxpayers to pay for Social Security for the forseeable future.

    The problem isn't the social security system. It's the men and women of the Executive and Legislative branch that balloon the deficit with pork barrel spending. Even if we remove the SS blanket, there's no gaurantee that these people wouldn't spend the money elsewhere. Before we talk about changing social security, we need to have people that would be fiscally responsible.

    --
    In times like these, it is helpful to remember that there have always been times like these. - Paul Harvey
  54. Re:Keep your freakin tax credit and give back my S by Geoffreyerffoeg · · Score: 1

    anyone under 40 must surely know that they'll never see a peny of it anyhow

    And everyone over 40 surely knows that the only way they'll see a penny of it is if they keep taxing those of us under 40.

    Never underestimate the power of the AARP in actually getting people to the ballot box.

  55. You can already get tax breaks by EmbeddedJanitor · · Score: 1
    Here's how: Get an organisation to set up as a charity that wants some softwae developed. Programmers write code and donate this to the charity. The charity then gives the programmer a receipt for a charitable donation which can be used at tax time.

    If Clinton could claim for the used underpants he gave away, why should programmers not get a break too?

    --
    Engineering is the art of compromise.
  56. Another alternative. by jd · · Score: 1
    Instead of doing tax breaks, I'd prefer to see either a Department of Open Source (DOS?) that could officially sponsor specific projects and pay for them the same way all such contrace work is paid for, OR have them set up an Open Source X-Prize for projects that meet specific community needs.

    (For example, there's a major lack of Open Source educational software. So, either offer a grant of X amount for one set of Open Source developers to produce it, or offer a prize of X for the first team that can meet some specific criteria.)

    I'd say that for some projects - such as educational software - where initial investment is going to be steep, it would be better to work through grant-based projects. PROVIDED they were handed out to people who can and will achieve the goals. If they're just going to be handed to the rich and well-connected, there's no point. Not only do such people not need help with the initial investment, it's doubtful they'll do the work as Open Source (if at all) anyway.

    For other projects - say producing KDE or Open Office translations for those Native American languages that have an accepted written form - there is minimal overhead and an X-Prize-like race for each such language might offer definite advantages. Particularly as the money is likely to end up helping poorer communities who could do with the cash. It would also help all people who do not speak English as a first language, or only do so because internationalization is still exceedingly crappy.

    Another sponsorship one might be to get the whole of X or the GNU utilities audited and secure to the point where they're usable in mission-critical situations (ie: where someone can get killed if there's a coding error) or in classified networks (which is less important for Government than it is for e-commerce, which is taking a hammering from insecure systems being compromised).

    Another prize might be to write a fully compliant IPv6 stack, now that WIDE has abandoned the KAME effort and USAGI seems to have faltered. (KAME and USAGI were fairly compliant stacks, but still a LONG way short of fully compliant with the TAHI tests, and an unknown distance from completion in all areas TAHI doesn't test for.)

    A third grant might be to produce a set of diagnostic tools for the Linux kernel, calling each syscall() in turn, or loading kernel modules into a testbed, running a specific series of tests to determine the correctness of the module. Ideally, this would be coupled with the Linux Test Project, as it would be good to have a coherent set of test tools in the same place, but it's possible that would not be the best way to do it.

    A third prize could be to add extensible grammar-checking tools to an existing editor, where the team had to demonstrate grammar-checking in an informal language (such as English), a semi-formal subset (such as that used in a legal document or a scientific paper), and a formal language (such as a programming language).

    Three possible prizes, three very reasonable grant-based projects, the combination of which would maybe not revolutionize society, but at the very least make technology far more reliable, far more accessible and far more valuable. The benefits to the Government would vastly exceed the costs in a relatively short time.

    Personally, I'd like to see the Government sponsor Open Source through grants and prizes (but NOT tax credits, as that only really benefits programmers who are making a lot of money elsewhere already, rather than drawing more people in), provided it was not at the cost of - say - education. There's no point in enhancing society if you then deprive said society of any understanding of what the enhancements are for. That's another reason I don't want tax breaks. Tax breaks are usually paid for by cutting from politically expendible areas such as education, which is a Big No No in my opinion.

    I'd much rather the Government provide sponsorship with the aim of paying for su

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  57. Pot, meet kettle. by cduffy · · Score: 1

    Your kids will pay for your retirement--it doesn't matter how you dress it up: privat retirement accounts, social security, whatever. Even if you stuff money under a mattress, when you use it to buy services once you're retired, you're still depriving your kids of the same amount of goods and services. It's not a "Ponzi scheme", it's a simple economic truth.

    Spoken like someone who hasn't taken a macroeconomics class. Stuffing money under a mattress keeps it out of the economy and deprives others of its use. Keeping it in a savings account; investing it (traditionally in stocks, bonds or some mix thereof); and eventually spending it all makes it available for others to use: The bank holding the savings account loans it out to others; the bonds are used to finance government projects; the stocks are used to finance means of production; and expendatures mean that it falls into someone else's hands such that *they* can invest or spend it, all of which helps the economy.

    So -- folks who have enough savings to retire off of benefit the economy their kids are working in while those savings are invested, and benefit their kids' economy when the funds are spent. Failing to save and leeching off the future economy via taxes, on the other hand, is an entirely different matter.

    If right wing nuts didn't keep interfering in the deployment of a secure national ID system, you wouldn't have to worry about that.

    Erm. That's not just "right wing nuts", there. Privacy is a pretty darned effectively-entrenched American value -- as is having a firmly limited government. Folks don't need to be Christian fundies, oppose reproductive rights or want to legislate their moral views to appreciate those principals. Indeed, most of the folks I know who tend towards the traditional "left" haven't identified themselves to me as staunch supporters of the national ID thing, and I'd submit that it's only the staunchest left wing nuts (and neo-cons, who are more authoritarian than conservative) who support it.

    The only difference between SSI and other plans is that SSI makes sure everybody is forced to create a minimal income they can live on, and that's good thing.

    If SSI were actually run as originally intended, it would be one thing (though still coercive, and thus morally corrupt if my Libertarian hat is on today). However, when the government starts paying back those who are cashing out from income supposedly going into the private accounts of those coming in, it is indeed nothing more than a legalized and legislated Ponzi scheme -- and those always fall over, sooner or later.

    [nuttiness]Personally, I'd rather take the risk of starving. If I've been of sufficient value to society to be worth the cost of my upkeep, I'll either have accrued sufficient assets to live off of, or have third parties willing to voluntarily pay said costs. If I haven't, the extent to which I am a detriment to society obviously outweighs my benefit. Isn't making such optimal decisions precisely what the free market is best at?[/nuttiness]

    1. Re:Pot, meet kettle. by penguin-collective · · Score: 2, Insightful

      Stuffing money under a mattress keeps it out of the economy and deprives others of its use

      Sure, investing money is generally better for the economy than stuffing money under a mattress, but that's a second-order effect. The primary effect that is relevant here is that, as a retiree, you will consume scarce resources without being productive, and the more money you saved during your working years, the more scarce resources you will consume for your leisure activities. That means that the notion of "saving for your retirement" is an illusion. In fact, arguably, the more money you save during your working years, the more you deprive the next generation of their fair share during their working years.

      Privacy is a pretty darned effectively-entrenched American value -- as is having a firmly limited government.

      I fully support privacy and a firmly limited government. That is precisely why I think a good national ID card system is needed: it improves privacy and lets us limit what government can do with our data. Contrast that with the current system, with its patchwork of regulations and insecure identifiers and tokens.

      However, when the government starts paying back those who are cashing out from income supposedly going into the private accounts of those coming in, it is indeed nothing more than a legalized and legislated Ponzi scheme -- and those always fall over, sooner or later.

      The notion that social security works like a bank account or investment is just wrong; such plans often fund current payments with current revenue. Of course, the current social security system is actually generating a surplus that could be invested and probably should be out of simple economic considerations, but the US government is wasting money left and right.

      Personally, I'd rather take the risk of starving.

      Yeah, people like you always say that. But it's simply not going to happen. People without health insurance don't just die, they get expensive emergency healthcare. People without retirement income don't just starve, someone pays for their housing and food. That's the reality.

      Isn't making such optimal decisions precisely what the free market is best at?

      Perhaps surprisingly to people with one-track minds, there are multiple criteria and goals that we pursue as a society. Your single minded approach amounts to little more than "social Darwinism", and it was popular in the early 20th century, along with lots of other ineffective and amoral political theories.

    2. Re:Pot, meet kettle. by argoff · · Score: 1

      [nuttiness]Personally, I'd rather take the risk of starving. If I've been of sufficient value to society to be worth the cost of my upkeep, I'll either have accrued sufficient assets to live off of, or have third parties willing to voluntarily pay said costs. If I haven't, the extent to which I am a detriment to society obviously outweighs my benefit. Isn't making such optimal decisions precisely what the free market is best at?[/nuttiness]

      I'm with you. I would rather be a poor worthless beggar in a society with economic freedom, than a drone in a welfare state any day. But then again, I guess people with that kind of attitude aren't likely to become poor worthless beggars - are they? :)

    3. Re:Pot, meet kettle. by penguin-collective · · Score: 1

      I'm with you. I would rather be a poor worthless beggar in a society with economic freedom, than a drone in a welfare state any day.

      You're still misinterpreting welfare as a favor to the recipiant. The fact is that taxpayers don't like beggars on their streets: they're smelly, they're an eyesore, they destabilize society, and they're a health risk. Unfortunately, the options for getting rid of them are limited. We stopped shooting them and banishing them to the colonies is not possible anymore. That leaves locking them up or putting them on welfare. Between the two, putting them on welfare is cheaper. It's as simple as that.

    4. Re:Pot, meet kettle. by cduffy · · Score: 2, Interesting

      Just an initial word: You make good points.

      The primary effect that is relevant here is that, as a retiree, you will consume scarce resources without being productive, and the more money you saved during your working years, the more scarce resources you will consume for your leisure activities.

      Granted, folks who are no longer working in retirement consume scarce resources even when living off personal savings. However, I submit that the positive economic impact of the effort such people put into the system to accrue such resources as to be able to enjoy a reasonable standard of living in retirement outweighs the later drag. Economics is, after all, not a zero-sum game.

      Admittedly, this is an unsupported assertion. Admittedly, some study is needed to determine the truth of the matter. Admittedly, similar reasoning has been used to justify less paletable conclusions (ie. the retroactive effects of the DMCA), and analysis is thus valuable in such cases.

      I fully support privacy and a firmly limited government. That is precisely why I think a good national ID card system is needed: it improves privacy and lets us limit what government can do with our data. Contrast that with the current system, with its patchwork of regulations and insecure identifiers and tokens.

      I don't see centralization as being an improvement on the patchwork. Yes, it allows for more effective regulation and limitation should such be implemented -- but it also allows more room for abuse, and it's been recently demonstrated that a substantial subset of the American populace is willing to give up privacy rights and permit more expansive government powers in return for percieved security.

      Your single minded approach amounts to little more than "social Darwinism", and it was popular in the early 20th century, along with lots of other ineffective and amoral political theories.

      Whether something is moral or otherwise obviously depends on the perspective of the viewer -- members of the religious right have one perspective; you have another; and I have yet another. Raw assertions regarding moral principals aren't necessarily useful in a discussion along these lines, simply because in many cases they can't be effectively or objectively argued to an individual working from different base principals. Practicality, on the other hand -- that's a different and more reasonable approach, and I'll admit that some of the policies I argue for are not in practice implementable within the US as it stands.

    5. Re:Pot, meet kettle. by penguin-collective · · Score: 2, Interesting

      Just an initial word: You make good points.

      Thanks. You do, too.

      However, I submit that the positive economic impact of the effort such people put into the system to accrue such resources as to be able to enjoy a reasonable standard of living in retirement outweighs the later drag.

      Sure, that's the way the system ought to be working. But we're soncerned with a more subtle question, namely whether the particular handling of the $10k of social security tax is overall beneficial. That is, does giving everybody the extra $10k of social security tax for private investment in retirement funds encourage enough extra productivity in order to make up for the costs arising from millions of people who weren't smart enough to make proper private investments?

      I don't see centralization as being an improvement on the patchwork.

      I don't see why a national ID system needs to result in centralization. In fact, quite to the contrary, a good national ID system could be used to enforce de-centralization, for example through the use of smartcards.

      I'm sure there are many designs for national ID systems to which I would object on the same grounds as you, but a properly designed national ID system could greatly enhance both privacy and security compared to the current system.

      Whether something is moral or otherwise obviously depends on the perspective of the viewer

      Well, I think Republicans would have a field day with that statement ("moral relativism" and all that). However, let's assume that it's true; we can then still ask what most people think about an issue. And when it comes to Social Darwinism, this discussion was raging roughly a century ago and people generally found it to be incompatible with their views of just and moral behavior. I don't think that belief has fundamentally changed; when people favor policies that amount to Social Darwinism, it's usually because the policy has been carefully dressed up to hide its consequences.

      Let me put it differently: would you really want to have a 75 year old little old lady starve on the street because she couldn't figure out how to privately invest her retirement funds when she was younger? Or would you want to keep her alive using non-social security funds? Because that's the choice you are faced with when you get rid of social security.

    6. Re:Pot, meet kettle. by cduffy · · Score: 1

      I don't have answers to the other elements of this thread, but the national ID topic (and particularly, your assertion that such a system could be implemented in such a manner as to enhance privacy) continues to be interesting.

      I don't see why a national ID system needs to result in centralization. In fact, quite to the contrary, a good national ID system could be used to enforce de-centralization, for example through the use of smartcards.

      This assertion strikes me as handwaving -- without a good implementation available which supports decentralization, and realistic political support for such an implementation as opposed to a more centralized alternative, I just don't see it. Perhaps this is a lack of imagination on my part.

      What are you proposing, specifically? A smart card containing information about an individual (digitally signed to prevent forgeries) but without a common identifier usable for correlating between databases? A card with an identifier, but with support for selective reads (such that the minimum necessary information -- and only that information -- can be retrieved)? Laws preventing the smart card's full contents (as opposed to minimum necessary information) from being stored in a centralized database? If it's one of the "minimum necessary information" approaches, who determines what that set of information is? Or perhaps what you foresee is something else entirely; if so, I'd be interested to hear it.

    7. Re:Pot, meet kettle. by penguin-collective · · Score: 1

      What are you proposing, specifically? A smart card containing information about an individual (digitally signed to prevent forgeries)

      Yes, a smart cards would be an important component. The smart cards can hold information that otherwise would have to be stored centrally. That's the key point and the way in which a good smart card system can greatly reduce the need for centralized databases.

      but with support for selective reads (such that the minimum necessary information -- and only that information -- can be retrieved)?

      I think putting everything into a single card is a bad idea; the safest way of keeping information apart is to keep it in separate cards.

      but without a common identifier usable for correlating between databases?

      I think it's pretty clear that you cannot prevent the creation of common identifiers; attempts to do so just result in companies and the government using substitute identifiers that are less secure and less reliable. That's pretty much the system we have right now, and it isn't working. I believe all you can do is create a system that reduces the need for centralized databases, while at the same time creating strong legislation that limits and in many cases outlaws the creation of such centralized databases. A good national ID system and legislation could accomplish that.

    8. Re:Pot, meet kettle. by cduffy · · Score: 1

      I think putting everything into a single card is a bad idea; the safest way of keeping information apart is to keep it in separate cards.

      The public won't like carrying around several cards, the costs incurred in issuing them and keeping them up to date would be higher, and the divisions of information (with regard to who needs what) aren't necessarily clear and well-defined enough that a small set of cards could contain every frequently-required combination. I don't see the multi-card approach happening.

      A mechanism by which individuals can review which specific information they allow to be read from their card before permitting the read would perhaps be more reasonable -- though this would require either additional logic in the reader (in which case it would be subvertable by an unscrupulous operator to retrieve and store more data than it claims) or more hardware to be carried around by the user (such that it's their own hardware which reviews and approves the read); hardware capable of running a read without the user's consent would be available to law enforcement for use only where sufficient cause to demand ID exists (which I understand to be pretty much universal these days -- unfortunate). While this would better safeguard individuals' personal security, I doubt that the extra cost and complexity would be considered justified.

      I believe all you can do is create a system that reduces the need for centralized databases, while at the same time creating strong legislation that limits and in many cases outlaws the creation of such centralized databases.

      In principal, I agree with you. In practice, I think the law enforcement communities (particularly those involved in recent "anti-terrorism" infrastructure buildouts) would succesfully oppose any law regulating the creation or use of central databases lacking broad-reaching exemptions for their own use, or would subvert any such system after the fact by passing legislation granting them additional powers later. Having a global identifier becomes a temptation to use that identifier to have a single clearinghouse of information even on individuals not suspected (far less convicted) of any crime; having the correlations which could be made by such a system be reliable (as opposed to the system which has resulted in the TSA's publicly visible goofs) makes such abuse that much more inviting.

    9. Re:Pot, meet kettle. by penguin-collective · · Score: 1

      The public won't like carrying around several cards, the costs incurred in issuing them and keeping them up to date would be higher,

      Actually, multi-card authentication is already the norm: you carry around at least one card form every institution, and people understand what "could you please also show me your driver's license" means. A multi-smartcard approach would not increase the number of cards, it would simply get rid of the paper and make the identification card itself more secure than it is now.

      In any case, it's already happening: driver's licenses are getting smarter, and medical and banking institutions are moving to smartcards.

      A mechanism by which individuals can review which specific information they allow to be read from their card before permitting the read would perhaps be more reasonable

      I think that would be a usability nightmare.

      Having a global identifier becomes a temptation to use that identifier to have a single clearinghouse of information even on individuals not suspected

      Don't kid yourself: these people are using your SSN as a global identifier, or, worse, your name. And they don't give a damn if your name happens to collide with a known terrorist, or if your SSN was mistyped.

      Global identifiers are here and they are unavoidable. All we can do is make them work better.

      having the correlations which could be made by such a system be reliable (as opposed to the system which has resulted in the TSA's publicly visible goofs) makes such abuse that much more inviting.

      I doubt the TSA has stopped doing what they were doing because of "visible goofs". And identity thiefs don't give a damn at all. I have been a victim of identity theft because of the current bogus ID system--I want better identifiers!

    10. Re:Pot, meet kettle. by cduffy · · Score: 1

      Actually, multi-card authentication is already the norm: you carry around at least one card form every institution, and people understand what "could you please also show me your driver's license" means. A multi-smartcard approach would not increase the number of cards, it would simply get rid of the paper and make the identification card itself more secure than it is now.

      Wait a moment here -- I thought we were talking about legally mandated, government-issued IDs. If we're talking about changing the behaviour of privately-issued cards (health insurance, banking, etc), that's a different topic.

      Global identifiers are here and they are unavoidable. All we can do is make them work better.

      Having them not work better allows one a practical, widely accepted argument to curb their abuse: The fact that they really and frequently do fail. The TSA may not have stopped what they're doing, but they have gotten some less-than-happy inquiries from Congresscritters -- inquires they wouldn't have otherwise received -- and perhaps some level of oversight may follow. Eliminate even that argument, and the extent of abuse will only increase.

  58. Re:Keep your freakin tax credit and give back my S by argoff · · Score: 1

    The problem isn't the social security system. It's the men and women of the Executive and Legislative branch that balloon the deficit with pork barrel spending. Even if we remove the SS blanket, there's no gaurantee that these people wouldn't spend the money elsewhere. Before we talk about changing social security, we need to have people that would be fiscally responsible.

    This is wrong on so many levels, I don't even know where to start. FYI, the SSI program is moral and intellectual sewage. Even if we could coax politicians to make the thing solvent, it is still intellectual and moral sewage. The fact is, in the real world, things like that have consequences and if the consequences didn't show up this form they would show up in another form. So name one financial projection from the government in the last 100 years that has been correct. There is none, so you can talk CBO projections all you want, but I am talking consequences.

    First, ponzi schemes don't work and are not productive ways to use or save money! This is a fact of life, it is a God given truth ... that's why any financial planner in the US who started one would be thrown in the can and sued into oblivian. It amazes me that the same people who can see that these ponzi schemes are predestined to become failueres when a company does it, but suddenly when the government does it then they think that all the potential consequences just magically go away.

    Second, governments do not save or use resources as wisely on average as individuals do. This is also a God given truth ... it is a fact of life. This is why every government in the history of human kind that has had a centrally planned economy has failed their people badly. People should take a lesson from the old soviet union ... just because the government promised them free bread, didn't mean that mean that you had a secure food supply. Just because the government promises people social security, doesn't mean that people are going to be socially secure.

  59. Open Source R&D tax credit not only for US by Anonymous Coward · · Score: 0

    I'm enjoying one of the best fruits of Open Source, the Tomahawk Desktop. If you are curious what is Tomahawk Desktop, it an Apple like multimedia Linux OS for desktops and laptops.

    Tomahawk and other are not feasible if not for Open Source. Therefore, Open Source R&D tax credit not only for US, US should as the big brother encourage other countries to follow it too.

  60. Re:Keep your freakin tax credit and give back my S by KingJoshi · · Score: 1

    How convenient. You disregard data because it might contradict your views. You talk in general terms but really don't address SS itself. And your previous post which had no more substance is still moderated insightful. How sad.

    --
    In times like these, it is helpful to remember that there have always been times like these. - Paul Harvey
  61. Why just open-source? by Eli+Gottlieb · · Score: 1, Interesting

    This tax-credit doesn't go far enough.

    We already let people deduct charitable donations from their taxable income, why not charitable labor hours? Open-source is but one form of volunteer work, the others should get credit. People's labor is worth something, especially for a worthy cause.

  62. Re:Keep your freakin tax credit and give back my S by argoff · · Score: 1

    You talk in general terms but really don't address SS itself. And your previous post which had no more substance is still moderated insightful.

    This is because the fundamental problem isn't how the conclusion is drawn, the fundamental problem is the premise. Get the freakin premises right about SSI, and I'll have no problem arguing about how things will draw out. Untill then, it is a waste of time.

    How Sad

    Indeed.

  63. on it's face it looks good, but...... by ChrisGilliard · · Score: 1

    Since the benefits to the broader software development community and the economy as a whole go well beyond the users of an individual software product, a policy that subsidizes open source development would increase economic efficiency.

    Tax Credits essentially means that the goverment pays people to develop Open Source Software. Open source is currently being subsidised by corporations who pay people to continue to develop an open source product. Many major corporations employ people to continue OSS projects that they were already working on (Linus Torvalds is a prime example, he worked for Transmetta for a while and now Open Source Development Labs). The question here comes down to: who is better equiped to make funding decisions about which OSS projects to fund. The current model is a good one in my opinion and there's no need to have the government make these types of decisions. Corporations are better at deciding which projects to throw money at.

    --
    No Sigs!
  64. Re:How appropriate by ChrisGilliard · · Score: 1

    Yup, it's already fixed: mod redundant.

    --
    No Sigs!
  65. Your R&D has no hstorical cost to define value by AHumbleOpinion · · Score: 2, Interesting

    But, legally you have just donated the code, a thing of worth, to the FSF, a nonprofit organization.

    Not necessarily, accounting is strange. If you do R&D and develop something patentable you can not list that patent as an asset that has value. However if you buy a patent then you can list that patent as an asset that has value. The rational is that in the former case the developer can just make up a number and say that is the value of the patent, however in the later case we have a historical market transaction that defined the cost of the patent. "Historical Cost" is something very important to an accountant, and your donation doesn't have one, your R&D expense doesn't count, R&D is merely considered a current expense.

  66. FOSS has always been heavily subsidized by AHumbleOpinion · · Score: 1

    I thought there were glorious financial advantages to open-source development? Seems odd that we need taxpayers to subsidize what is so obviously in people's economic self-interest in the first place.

    FOSS has always been heavily subsidized. BSD, GNU (RMS's work at MIT?), all the academics doing research , etc.

  67. No, less spending equals less deadweight by Ogemaniac · · Score: 1

    In the absence of lower spending, a tax break now just means more taxes somewhere else in the future.

  68. TAX THIS by Anonymous Coward · · Score: 0

    Lets say you do create an open source app. Put it up for download for all to check out. A company comes along and steals that code for their own app and sells it and claims it as theirs. Who gets the tax break and could this company get in legal difficulty for not only stealing this code but taking a break from the IRS that they had no right to in the first place.

  69. GPL can't offer a tax break, it's discriminatory by AHumbleOpinion · · Score: 1

    GPL'd code may not be able to offer a tax break, it's discriminatory, it denies access to a large segment of taxpayers. BSD'd code would have a better chance of surviving legal challenges. More importantly, stay away from the government, you have no clue what a mess you could make of things by increasing government involvement. If a tax break were available for GPL'd code, and if it lost a legal challenge, then a corp may take the next step using this precedent to challenge any taxpayer funded projects being GPL'd. It's a small step from the former to the later. A judge might order all taxpayer funded GPL'd projects to be forked and relicensed with a free non-discriminatory license. If you bring the government in, you have no idea where things will end up.

  70. Ya know.... by Churla · · Score: 1

    A liberal organization which is pretty slanted against the republicans proposes legislation to a congress which is still controlled by the conservatives they don't like.

    This isn't news, this is wishful thinking...

    --
    I'm a fiscal conservative, it's a pity we don't have a political party anymore
  71. Subsidies are NEVER economically efficient! by doubledoh · · Score: 3, Insightful
    Subsidizing open source software development can also be justified on grounds of economic efficiency.

    I haven't heard a statement as absurd as this on slashdot for at least 5 minutes! The very idea of calling a subsidy "ecomonically efficient" is an oxymoron. If something needs to be subsidized, then its very clear that there isn't enough demand for the product or service at said price in the free market. If the demand is not great enough, then the product or service must improve, die, or be absorbed by a more successful seller (or programmer). Not one single dime of my tax money should go to pay for open source software. If I find value in open source software, I'll VOLUNTARILY donate money to it. Once you take away the voluntary payments, and force people with a gun to pay something (ie, tax them), then the software can no longer be considred "open" source. In fact, its even worse than closed source...because at least you have the option of not buying closed source software.

    --
    I think, therefore I doh.
    1. Re:Subsidies are NEVER economically efficient! by Stian+Engen · · Score: 1

      To subsidize something may very well be more ecomonically efficient than to let the free market decide the level of production. A tax break for the production of open-source software results in higher production. If the resulting utility for society is greater than the cost (or equal), it is, per definition ecomonically efficient to produce at that level.

      You can read more about beneficial externalities at http://en.wikipedia.org/wiki/Externalities
    2. Re:Subsidies are NEVER economically efficient! by doubledoh · · Score: 1
      To subsidize something may very well be more ecomonically efficient than to let the free market decide the level of production. A tax break for the production of open-source software results in higher production. If the resulting utility for society is greater than the cost (or equal), it is, per definition ecomonically efficient to produce at that level.

      Who gets to decide how valuable the "resulting utility" is? You? The government?

      Here's an idea...why not give individuals the CHOICE over what THEY consider is valuable to THEIR lives instead of letting you and your politician buddies decide for them (usually at a much greater expense). Oh yeah, that idea would be too similar to what the founding fathers had in mind, you know with their silly freedom loving antics.

      --
      I think, therefore I doh.
    3. Re:Subsidies are NEVER economically efficient! by Anonymous Coward · · Score: 0

      Remember that copyright itself is an artificial subsidy. A subsidy supporting copyleft software could be seen to be a "countersubsidy". No, it's not efficient, but unless the other side is willing to give up their subsidies, maybe it's the best that we can do for now.

  72. Too bad sales tax punishes the poor by hellfire · · Score: 1

    I agree with you that tax deductions and credits are overused, but launching into the old "lets move to a sales tax based system" has always been and forever will be bad system for the poor and a great system for the rich. Why? Because a loaf of bread costs the same no matter how much you make, but you can buy a whole lot more loaves of bread as a rich person. And yet if you need 21 loaves of bread a week to survive and as a poor person you can only buy 10, how does taxing the loaf of bread make it any fairer when the rich are eating 50 a week?

    The rich in this country are extremely rich and the poor are very poor. How does it benefit the economy as a whole and the country to have the rich hoard all that money? It's not like they spend it, that's why they are rich! They hoard it!

    Plus if you tax only sales tax the amount of the US budget will go crashing down. Spending is propped up by those who can pay more taxes. Those who make $200,000 may think it's "unfair" but their taxes pay for the military, and for social programs who keep those who have not from picking up guns and knives and robbing their beautiful homes.

    --

    "All great wisdom is contained in .signature files"

    1. Re:Too bad sales tax punishes the poor by jcr · · Score: 1

      Didn't read the proposal, did you?

      Follow the link, and read about the rebate.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
  73. Bug testing by peterfa · · Score: 1

    I wonder if Bug testing qualifies. If it does, then just using Linux and any OpenSource product counts :D
    Microsoft is going to be pissed.

  74. In other news.... by Anonymous Coward · · Score: 0

    The Centre for American Progress proposed a new policy of Genocide/Slavery for the Middle East, similar to the one used against native Americans and Blacks, and insisted that all American medical aid be withdrawn from any country which taught evolution in its schools.

    It further announced that once its legislation on patented thought is completed, it will invade and slaughter the citizens of any country who do not think that America is the worlds greatest democracy, and so should be funded by all other countries in perpetuity.

    Applications are also invited for the post of Junior American Progress Logician. The successful candidate will be required to work on a project to explain why Saddam's ordering the death penalty for villagers who tried to assasinate him in 1982 is a quite different circumstance from American soldiers murdering 15 villagers in their homes after a bomb was planted near their convoy in 2006.

  75. Who should define "open"? by NetSettler · · Score: 1

    I also don't think we need the IRS to define whether a project is "open" or not.

    Any time you ask the government to reward you for something, I think it's only fair that the people paying out that reward (the taxpayers) have a say in what counts as rewardable and what doesn't.

    I'm all for people saying they have a right to do what they want in their private life, but they have left their private life when they start applying for special treatment from the government.

    To the actual point of openness, it seems to me quite material when you're going to start a large-scale tax break program (whether for the use of a particular fuel, the worshiping of a particular religion, or the introduction of a new business model--where you could argue "open source" is a bit of each) to ask the question "who is this benefiting?" (another way of saying "how open is this?").

    Since the GPL, for example, benefits some business models and not others, and hence some companies and not others, I think the people from those "other companies" (whose taxes are going to encourage this) have a legitimate need to have a say.

    Besides, if there is really no definition at all of open, then suppose I choose to take "open" to mean "closed"? Can I then have the tax break? There must be some definition or language is useless. Whether you spell out that definition or make a choice to use one dictionary's definition rather than another, it's still got to be the government that does it if it's the government offering the money.

    --

    Kent M Pitman
    Philosopher, Technologist, Writer

  76. Re:Subsidies are sometimes economically efficient! by bit01 · · Score: 1

    See this. Your argument is only correct if you take a narrow view of what economics is. There are many things of value that can't be measured in dollars.

    People cooperating through government to develop software for a once off cost that could then be copied millions of times could easily be hugely economically efficient, beating the current ">$40,000,000,000 per year for about a dozen programs developed more than two decades ago" model we currently have that is in large part a tragedy of the commons.

    Not saying your wrong, it's just not the open-and-shut case you're implying. Personally I'd like to see broken patent/copyright law fixed so that software/media markets aren't the unstable, winner-take-all situation we currently have.

    ---

    The per-copy cost of mass market software is close to zero.

  77. Fair to proprietary vendors? by walterbyrd · · Score: 1

    I don't suppose that anybody here will lose any sleep over msft not being treated fairly.

    But, think about it, is it really fair for the government to force taxpayers to bankroll your competition?

  78. Re:Subsidies are sometimes economically efficient! by doubledoh · · Score: 1
    People cooperating through government to develop software for a once off cost that could then be copied millions of times could easily be hugely economically efficient

    I think the operative word here is "could." Politicians could make the world a better place, and claim that if you vote for them, that they will make the world a better place...but do they? I want you to give me just ONE example of how government interferance of freedom has been hugely economically efficient. Just one. The fact is, you'll be searching forever, because the very nature of the government won't allow efficiency. In fact, efficiency is discouraged as it means the program will receive less funding next year.

    Whether you hate capitalists or not, the fact remains that people that compete in a free market produce better products and lower prices than monopolies (like the government) that don't have to compete. And the most important fact remains: stealing money from the many to pay for the few is still THEFT regardless of the great intentions of the thieves. Someone that steals bread to feed the family is still a damn thief. A government that steals my money to pay for some open source programmer is a criminal government.

    --
    I think, therefore I doh.
  79. I am an IRS contractor... by geekpuppySEA · · Score: 1
    Good luck with that new-fangled "software" stuff. Seriously.

    I'd start clue-sticking around here, but I'D RUN OUT OF STICKS

    --
    Intelligent Design: because MATH is HARD.
  80. Re:Keep your freakin tax credit and give back my S by LordKronos · · Score: 2, Informative

    How about if they quit freakin taxing me so much to begin with. A nice start would be SSI

    From the rest of your post, I get the impression that you are talking about Social Security. You should know that the term SSI is commonly used to refer to Supplemental Security Income, which is different and completely separate from social security.

    http://www.ssa.gov/notices/supplemental-security-i ncome/

  81. tax credits by daevt · · Score: 1

    The idea that a tax credit will make something more efficient is humorous. First, if something is worth doing, it will not require the gov't giving us an incentive to do it. The reason the open source model has grown in popularity is because the necessary incentives are already in place. Some people are able to make money providing support, distribution of the software, related literature, etc. For others the incentive is the pleasure they derive from creation (an old boss of mine called this the "existential joy of creation"). Second, when has gov't intervention, complicating taxes (further) and providing an advantage to one type of business and not others ever been socially desireble? Will the world be a better place if you have to bribe people to do what you (not necessarily everybody) consider "right"? There are obviously people out there who feel that open source is not the best way to organize software production, is it an accepteble use of gov't to put these people at a relative disadvantage by subsidizing the opposite of what they do? Lastly, if we assume that open source requires a subsidy in order to compete it can only mean we beleive that it is not otherwise viable.

  82. No money in OSS by Anonymous Coward · · Score: 0

    Nobody makes a living writing OSS. The only companies that do this are trying to commodize product X because they sell complementary product Y, which ain't OSS.

  83. all open-source coders should vote against this by TedZ · · Score: 1

    Let's think for a moment. Does the open-source community need tax breaks? Has it produced less code, recently, or perhaps fewer people are in it? Is there a problem that a law needs to address? I would say not. Show me a study that says the open-source community needs tax breaks.

    I've written a *lot* of open-source code, and profited very little from it. This tax break may benefit me, but more importantly to me, it will benefit every Tom, Dick, and Harry that comes by and writes a program no one will ever use. This has two effects: first, it dilutes the quality of open-source software and may create ill-will against the open-source community. Second, it sends money badly needed by all taxpayers to a small group that doesn't need that money based on their particular merit. Let the criteria for tax breaks be actual need for them - low incomes, number of children, elderly parents who can't take care of themselves... Better yet, lower taxes across the board.

    Don't forget that deductions can be taken for many expenses. Talk to someone who knows the tax law, you'll be better off than voting for this boondoggle.

    Let's not kid ourselves. This would address a non-existent problem with money this country does not have (just check the national deficit), and cause many more problems down the road.

    Ted

  84. Er, correction by Kadin2048 · · Score: 1

    Wow, that was pretty retarded of me: in the first line I messed my math all up. I meant to say, if you make $50k and you have a $10k deduction, you should only pay taxes on $40k, NOT $30k.

    Somewhere, my first-grade teacher just lurched in her grave/wheelchair/wherever.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  85. MS is just the most obvious example by WebCowboy · · Score: 1

    You make good points, but your arguments would carry more weight if they weren't so MS-centric.

    I made mention of Microsoft because of their track record--they have previously been agressive lobbyists for software patenting in Europe, for example, and has been extremely forceful in defending its closed-source position in its attempt to block Massachusetts bureaucrats from making its own IT policy that even suggests favourtism towards open source (Massachusetts in fact has suggested NOTHING at all that favours open source applications over closed applications--it merely wants to mandate the user of open standards in FILE FORMATS in order to ensure interoperability and protect against obsolescence and vendor lock-in).

    There are indeed other closed-software companies out there who are rabidly protectionist..the most (in)famous of all being SCO--but of course SCO is the laughingstock of the corporate world and a pipsqueak in the industry. Apple is also a distant second in comparison to Microsoft, and its track record isn't as consistently bad as Microsoft's has been. Truthbully, Apple's track record is all over the place: it has been a willing participant in open source by basing the foundation of OS X on an open UNIX platform and establishing the Darwin project to allow public participation in its development. OTOH, it has also not been the most cooperative partner in open software projects either (ask Konqueror developers how nicely Apple plays--it tended to take much more easily than it gave when it came to Safari). Apple has also been quite protectionist in its hardware and music service business--it puts up as many artificial barriers as it can to 3rd party particiapation in the iTunes/iPod community and despite a brief, bungled experiment is allowing "official" Mac clones in the 1990s, the entire Mac line has remained notoriously and tightly closed. Even though it has moved to Intel, Apple has continued to make a protectionist, closed hardware/software platform central to its computer business.

    Despite the spotty record in contributing to open systems, Apple has not been a stron lobbyist for government protection as Microsoft has--and would probably welcome the sizeable credits it would get for its use of BSD and even GNU technology in its OS. Yes, it is given a too-easy ride by a lot of /.ers but Apple wouldn't make a strong example.

    Adobe is in the same place as Apple--it has been nasty at times in protecting its closed technology but has also accepted and even provided lukewarm endorsement of open software: it has released a Linux verion of its Acrobat reader and has been far more willing to share Postscript and PDF with others to establish a fairly open standard document format. Also, while it has initiaited some nasty lawsuits over circumvention of its pretection schemes (for example) Adobe has not been forefront in trying to legislate protectionist policies for the closed software industry.

    So basically, I am puzzled as to how using Microsoft--the strongest example--to defend my argument could possibly weaken that argument. Perhaps I could be modded "-1 unoriginal" at best though I must admit...