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Patents on Tax Reduction Strategies a Problem

EsonLinji writes "The International Herald Tribune has an article about how some lawyers are realising that patents on tax reduction strategies (a business method) might be a problem. The article states that there are already 50 such patents with more on the way, and at least one lawsuit. Particularly worrying is the idea of needing a license to follow the law. Fortunately, some of the laws get that this is a problem. Tax patents, the lawyers wrote, amount to 'government-issued barbed wire' to keep some taxpayers from getting equal treatment under the tax code."

217 comments

  1. What? by Stellian · · Score: 4, Funny

    No patents on tax increases?

    1. Re:What? by macadamia_harold · · Score: 2, Insightful

      No patents on tax increases?

      Who needs a patent when you have a monopoly?

    2. Re:What? by eMbry00s · · Score: 1

      A patent is a government granted monopoly. The power of taxes has been granted to the government by the people, if your democratic system is working as it should.

    3. Re:What? by wanax · · Score: 1

      No, but you could probably patent methods for lobbying congress for tax increases or decreases in the interest of specific clients, and if you got it you might be able to shutdown a lot of lobbying efforts.

    4. Re:What? by Memnos · · Score: 1

      Good God man! Only patent holders could raise taxes? Think of the children while you're fighting terrorism and the USPTO!

      --
      I don't trust atoms -- they make up stuff.
    5. Re:What? by Znork · · Score: 3, Interesting

      Patents are also close to equivalent to a taxation right on a specific way to implement an idea.

      Wether handing out taxation rights to private parties really has a place in modern society and in a free market is dubious, particularly when the system is far removed from any democratic control.

    6. Re:What? by eMbry00s · · Score: 1

      Having a free market has never had anything with democracy to do, and I agree that it and patents detach control from any governing organ wether totalitarian or not (just look at China).

      What would need to be investigated is wether this granted taxation right is good for the economy and the people or not. So far it has only shown to be good for technological innovation (non-IT such) and maybe medical science. I might be missing a few fields, though, so please correct me if you know better.

    7. Re:What? by msobkow · · Score: 3, Insightful

      Patience.

      It's a matter of time before the remains of SCO patent the use of patent lawsuits as a business model. The hope would be to get into a lawsuit over that patent, creating a potential infinite recursion and thereby an infinite revenue stream out of thin air. :p

      --
      I do not fail; I succeed at finding out what does not work.
  2. Fourteenth Amendment / equal protection clause by Harmonious+Botch · · Score: 4, Interesting

    Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

    ( and, yes, it does say 'state', but the US Supreme Court has ruled that this usually applies to federal law also. )

    1. Re:Fourteenth Amendment / equal protection clause by Memnos · · Score: 4, Insightful

      In my observation of recent government policies and behaviors, I had concluded that the document that you referenced (Original and Amendments) was no longer in force. Was I in error? Please clarify.

      --
      I don't trust atoms -- they make up stuff.
    2. Re:Fourteenth Amendment / equal protection clause by Anonymous Coward · · Score: 3, Informative

      No, you're 100% correct. The document you're referring to is http://www.capitolhillblue.com/artman/publish/arti cle_7779.shtml">"Just a goddamned piece of paper". And while some may say that this quote is only hearsay, actions speak far louder than words anyway.

    3. Re:Fourteenth Amendment / equal protection clause by Planar · · Score: 5, Insightful

      It had better be hearsay, because coming from someone who has sworn to uphold and defend the constitution, it is nothing less than treason.

    4. Re:Fourteenth Amendment / equal protection clause by EonBlueTooL · · Score: 0, Troll

      I'm sorry did you think that the governments power flows from "the people" or that the highest level of law is "the constitution?"

      Now-a-days law is created/disregarded in the republican branch of the government. Call me when we get a real judicial one.

    5. Re:Fourteenth Amendment / equal protection clause by Oligonicella · · Score: 1

      You are in error.

    6. Re:Fourteenth Amendment / equal protection clause by Anonymous Coward · · Score: 1, Funny

      Actually they will probably get around this by the fact that the personal income tax is actually unconstitutional. Several supreme court rulings concluded this, I don't have them at hand at exactly this moment, but they can be found easily enough.

      The Income tax codes say paying your money to the IRS is voluntary. Go ahead and read them. So if they actually do let these patents pass then they will bury this 'not compulsory' fact as they do with so many things, thus getting people to pay even more of their money to license these 'patents'.

    7. Re:Fourteenth Amendment / equal protection clause by hamburger+lady · · Score: 2, Insightful

      he's also called US T-bills 'worthless pieces of paper' or something to that effect. which is also unconstitutional. so it's a pattern.

      then again, i never was a fan of that amendment, as it seems to counter the first.

      --

      ---
      Is this the MPAA? Is this the RIAA? Is this the DMCA? I thought it was the USA!
    8. Re:Fourteenth Amendment / equal protection clause by cpt+kangarooski · · Score: 1

      Actually, the Supreme Court said that the 5th Amendment due process clause is what applies to the federal government, rather than the 14th, but that they both mean exactly the same thing.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    9. Re:Fourteenth Amendment / equal protection clause by Talchas · · Score: 1
      It was unconstitutional, and then they amended the constitution. The sixteenth amendment:
      The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
      Are you saying that doesn't allow the US gov to collect income tax from people?
      --
      As the Americans learned so painfully in Earth's final century,free flow of information is the only safeguard against...
    10. Re:Fourteenth Amendment / equal protection clause by Memnos · · Score: 1

      Of course I am. All comments are in some way, even the satirical ones. But clarify.

      --
      I don't trust atoms -- they make up stuff.
    11. Re:Fourteenth Amendment / equal protection clause by Memnos · · Score: 1

      How so? Not a criticism, I just want to hear your reasoning.

      --
      I don't trust atoms -- they make up stuff.
    12. Re:Fourteenth Amendment / equal protection clause by morleron · · Score: 2, Interesting

      Sorry, the patents in question are not laws, they are methods to minimize the tax liability of businesses and individuals. As such, the state has no control over them except by changing the rules of the patent process to ban such patents. Furthermore, the patent holders, in general, do not forbid the use of their methods, they merely demand that you obtain a license to use them - thus enriching themselves and giving them more incentive to develop more tax-avaoidance methods that they can patent, etc. ;)

      However, I expect that, unlike the software patent issues we generally deal with here on /., this situation won't be allowed to last. There is too much money at stake and the business community will not allow others, aside from their bought-and-paid-for Congresscritters, to have control over what means they can use to lower their taxes. Look for calls to change patent law to disallow patents on tax-related business methods. With any luck, we'll be able to ride that move and expand the scope to disallow patents on business methods in general and, maybe, get rid of software patents into the bargain.

      Just my $.02,
      Ron

      --
      Impeach Barack Obama for violating the Constitutional requirement to be a "natural born" citizen to hold the office of P
    13. Re:Fourteenth Amendment / equal protection clause by Chowderbags · · Score: 2, Insightful

      Any law is voluntary. You can ignore them as much as you want, so long as you don't mind prison.

    14. Re:Fourteenth Amendment / equal protection clause by Admiral+Justin · · Score: 1

      Treason, from a public official? Can't happen.

      Regular citizen? You're under arrest for thought crime. MiniTruth would like a word with you.

      --
      You will be baked, and there will be cake.
    15. Re:Fourteenth Amendment / equal protection clause by Tod+DeBie · · Score: 1
      nor deny to any person within its jurisdiction the equal protection of the laws.
      Correct. It is a virtual certainty that the Supreme Court will strike down patents for tax reduction and probably any other method that involves dealing with the government. It may take several years for this to make it to the Supreme Court, and I am sure that anti-patent /. folks will be hoping for a complete wipe out of the patent system and in the mean time will be laughing their asses off about the patent system run amok. Each side gets a moment in the sun...
    16. Re:Fourteenth Amendment / equal protection clause by Anonymous Coward · · Score: 0
      It had better be hearsay...

      It is. From that article (fixed the link):

      I've heard from two White House sources who claim they heard from others present in the meeting that the President of the United States called the Constitution "a goddamned piece of paper."

      Hearsay starts at only one degree of separation, and this has two. For instance, "Alice told me she saw Bob steal the money" is inadmissable in court - the court (rightly) only cares what Alice has to say in the matter. This report, however, is equivalent to "Alice told me that Bob told her he saw Cindy steal the money." Hearsay isn't allowed in court because it very quickly turns into slanderous fantasy. For further reading, I will simply refer you here.

      Also, it's good habit to always consider what sort of agenda the source might have. Snippets from today's front page:

      The shortest distance to our salvation is a straight ticket - My wife [will] vote a straight ticket - a Democratic one. So will I.
      Cops raid California candidate's office, home - For two days, a Republican congressional candidate ...
      Top US general says God tells Rumsfeld what to do - The top US general defended the leadership of Defense Secretary Donald Rumsfeld, saying it is inspired by God.
      Tough race, influence-peddling probe haunt Rep. Curt Weldon - Add this to Republican Curt Weldon's long list of re-election woes his very own October surprise.
      Unknown gaining ground against GOP opponent - She's got zero political experience, unless you count a stint as president of her suburban community club.

      Notice a pattern? Doesn't really seem all that to objective to me.

    17. Re:Fourteenth Amendment / equal protection clause by Anonymous Coward · · Score: 0

      For further reading, I will simply refer you here [snopes.com].

      I've actually checked there previously for information about this Bush quote. It's not even listed.

    18. Re:Fourteenth Amendment / equal protection clause by Anonymous Coward · · Score: 0

      His "bias" and pattern is to be ruthless against whoever is in power. Look back a few years and you'll find Capital Hill Blue ripping in to Clinton and his administration.

    19. Re:Fourteenth Amendment / equal protection clause by Bing+Tsher+E · · Score: 1

      Nice fantasy world. Can I come visit sometime. Sounds like a fun place to spend a short weekend.

    20. Re:Fourteenth Amendment / equal protection clause by Anonymous Coward · · Score: 0
      I've actually checked there previously for information about this Bush quote. It's not even listed.
      Sorry, I meant as an example of how reliable hearsay is, not as more information about the supposed Bush quote. However, it appears somebody has debunked that article a few comments down.
    21. Re:Fourteenth Amendment / equal protection clause by sillybilly · · Score: 1

      Deny equal education if you don't got the cash? You mean all educations are equal? How about the old adage - separate but equal, separated by financial fences.

    22. Re:Fourteenth Amendment / equal protection clause by terrymr · · Score: 2, Informative

      Fourteenth ammendment, section 4:

      "The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned."

    23. Re:Fourteenth Amendment / equal protection clause by mabhatter654 · · Score: 1
      technically correct. In the base document only STATES could be taxed directly, because they formed the govt, not citizens directly. There is another line about taxes paid by states not being equal accross the states.

      The Sixteenth amemdment change that by allowing Congress to tax individuals directly, and also took away the tax equality between the states. The truely "neat" thing about this is that now the Govt can collect funds directly without state intervention. Think of what the political landscape would look like if states could refuse to pay taxes for an illegal war!

    24. Re:Fourteenth Amendment / equal protection clause by TheRaven64 · · Score: 1
      In a democracy all laws are voluntary. You can get them repealed if you can persuade the majority that they are wrong.

      Remember when keeping slaves was legal?

      --
      I am TheRaven on Soylent News
    25. Re:Fourteenth Amendment / equal protection clause by Anonymous Coward · · Score: 0

      Doesn't spelling MiniTrue wrong constitute an offense for which you can be killed?

    26. Re:Fourteenth Amendment / equal protection clause by Alchemar · · Score: 1

      Catch 22, the requirements to be found guilty of treason are in the US Constitution, if you succesfully declare the Constitution as no longer being valid, there is no more treason.

  3. Self Destruct by pembo13 · · Score: 4, Funny

    One can only hope that tax and patent lawyers turn on each other and simply self destruct. Maybe then we can make up for the past few decades of apparent non accelerating advancement.

    --
    "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    1. Re:Self Destruct by tehSpork · · Score: 1

      Throw some Copyright/Intellectual Property lawyers in there and you may just have something!

    2. Re:Self Destruct by afjerntagel · · Score: 5, Funny

      The previos poster wrote:

      "One can only hope that tax and patent lawyers turn on each other and simply self destruct."

      You work as an ecology consultant for Austraila or something?

      What if they get viable offspring, you thought of that?! /Af Jerntagel

    3. Re:Self Destruct by enharmonix · · Score: 5, Funny

      Well, if I remember correctly, tax lawyers and patent lawyers are complimentary (same mass but opposite charge, i.e., a tax lawyer can be seen as a patent lawyer travelling the opposite direction in time), so if they ever do come into contact, they should annihilate each other in a burst of light.

    4. Re:Self Destruct by Darkman,+Walkin+Dude · · Score: 1

      Although ya know, this gives me an idea. If you can patent something as braindead as this, why not declare other, more common business practices patentable ??? profit? Hell even something thats not a business practice, like wiping your arse, you could claim it was! Patent "lawyering", why didn't anyone think of that?

    5. Re:Self Destruct by Jedi+Alec · · Score: 1

      Although ya know, this gives me an idea. If you can patent something as braindead as this, why not declare other, more common business practices patentable ??? profit?

      You wish to patent the "????" part that comes just before "profit!"?

      --

      People replying to my sig annoy me. That's why I change it all the time.
    6. Re:Self Destruct by Anonymous Coward · · Score: 0

      no, not anymore, i patented "dying, or ending ones existence, in a burst of light", they dont have enough money to lisence my patent.

    7. Re:Self Destruct by Pig+Hogger · · Score: 2

      Why not in a puff of logic???

    8. Re:Self Destruct by enharmonix · · Score: 2, Insightful

      Wait, I'm confused. What does logic have to do with lawyers? ;)

    9. Re:Self Destruct by Cousin+Scuzzy · · Score: 0
      Well, if I remember correctly, tax lawyers and patent lawyers are complimentary...
      If they're complimentary, how can they afford to drive such fancy cars?
    10. Re:Self Destruct by enharmonix · · Score: 1
      If they're complimentary, how can they afford to drive such fancy cars?

      Good question! Maybe similar to why a proton and positron can have the same charge but different mass? You raise a good point though - litigation mechanics is not well understood at well. I guess the only way to really understand lawyers' cars would be to study them the way we do particles of matter: accelerate them to high speeds and incuce them to collide with each other and then see what happens. I personally think more experimentation of this sort would be of the utmost benefit to society.

    11. Re:Self Destruct by Anonymous Coward · · Score: 0
      One can only hope that tax and patent lawyers turn on each other and simply self destruct.

      If that doesn't work, we can round them up and send them hurtling into the sun in 11 years.

  4. A Good Thing! by Cylix · · Score: 5, Insightful

    Finally, someone was dumb enough to rock the patent boat silly.

    Granted, these will probably be killed due to certain issues... like aformentioned blurb mention.

    However, it might just be enough to get more people /read common man/ to take notice that something is just a bit wrong. Unfortunately, I don't forsee any great changes to come until wealthy men start losing out to those less fortunate. A good ol' fashioned robin hood approach to the matter could very well upset things just enough to make some real changes.

    I will make it quite simple. Rich people don't care if poor get poorer. Rich people don't care if they lose wealth to other rich people. Rich people do care if they lose wealth to poor people. You just can go around upsetting the natural balance of things.

    Yes, over the top a bit and a bit absurb, but I think I can get a few people behind my new campaign slogan.

    Vote Cylix 2008!

    --
    "You should always go to other people's funerals; otherwise, they won't come to yours." -- Yogi Berra
    1. Re:A Good Thing! by Anonymous Coward · · Score: 0

      Rich people don't care if they lose wealth to other rich people. Rich people do care if they lose wealth to poor people.

      You're going to have to explain this one, son, because my tin foil hat says that a $1 loss is a $1 loss, no matter where the money goes.

  5. What the...? by Kuroji · · Score: 5, Insightful

    Okay, so let me get this straight...

    The gaming industry doesn't want me to make backups of my game to keep the disk from being scratched by overuse. It's infringement after all.

    The recording industry won't let me put my tunes on a mix CD because that's a type of infringement too.

    Now the government is going to ensure that I'm going to have to go to certain places to file my taxes this year because otherwise that's a different kind of infringement, patent infringement - and it doesn't matter if I read the law myself and saw that this is possible, because some tax firm in the middle of Texas came up with it as soon as the law was passed?

    Enough is enough, already!

    1. Re:What the...? by GrumblyStuff · · Score: 5, Insightful

      God bless America!

      Is it time to get out my gun?

      (I don't really have one but I got two dogs at my disposal and I can get a stick and some rocks.)

    2. Re:What the...? by xanalogical · · Score: 2, Informative

      > have to go to certain places to file my taxes this year
      > because otherwise that's a different kind of infringement,
      > patent infringement - and it doesn't matter if I read the
      > law myself and saw that this is possible

      I'm as outraged as you, but patents don't apply to personal use, AFAICT. You can read patents all day and build devices in your private home. They only come into play when you start producing stuff for other people, usually commercial but gifts may be restricted.

      So you can still do your own taxes using these strategies, but the various accounting firms are in trouble.

    3. Re:What the...? by swarsron · · Score: 4, Funny

      it's really a bad time when posts like this get rated insightful instead of funny

    4. Re:What the...? by cpt+kangarooski · · Score: 4, Informative

      No you can't. Patents apply to use of the patented invention, whether commercial or not. Take a look at 35 USC 271(a). There is an exception for experimental use, but it is extremely limited, and ordinary people who merely wanted to use the patented method would never win on that basis.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  6. Oh that's it! by erroneus · · Score: 4, Insightful

    I'm filing my patent on looking both ways before crossing the street. Oh yeah, and a patent on not getting a traffic citation by not speeding.

    How can you patent a business method on following the law? Let's forget for a moment how ridiculous a patent on business methods are in the first place.

    1. Re:Oh that's it! by pipatron · · Score: 5, Interesting

      "How can you patent a business method on following the law?"

      Easy. It's done all the time with the law of nature, so why not with the other laws? It's even more justified to patent following this law, since it's something that we have written by ourselves. Something that should not be justified, is to patent facts, like they do in science like physics and medicine.

      --
      c++; /* this makes c bigger but returns the old value */
    2. Re:Oh that's it! by Rakshasa+Taisab · · Score: 1

      Didn't you get the memo sent out at the beginning of the previous century?

      There are no laws of nature, so your analogy fails.

      --
      - These characters were randomly selected.
    3. Re:Oh that's it! by stevenvi · · Score: 1

      [Pententing is] done all the time with the law of nature, so why not with the other laws? . . . Something that should not be justified, is to patent facts, like they do in science like physics and medicine.

      You, my friend, are horribly mistaken. Pay more attention in school, less time reading conspiracy theories on Slashdot. The law is common knowledge. It is available to all. Patenting following the law makes no sense.

      Medicine is not common knowledge. There's no big book where you can find all this stuff. We don't have a cure for AIDS. We don't have a surefire cure for cancer. The scientists working on making drugs spend millions of dollars trying to find a chemical which can perform a specific function, then they find a way to produce it efficiently. If after all this research anybody could then use it, where would the incentive to produce be? They spent millions of dollars on something that every drug company can now make. How are they going to recover their investment? That is what patents are for. That is their purpose. That is why they were invented.

      Further, your mention of physics confuses me. Perhaps you mean engineering or something else of that nature? I'm trying to picture a young Ph.D. candidate patenting his thesis on a measurement of the cross section of inelastic neutron-deuteron scattering. That sort of thing doesn't happen as far as I am aware...

    4. Re:Oh that's it! by pipatron · · Score: 2, Insightful
      The law is common knowledge.

      Yes, but how to evade it is not, nor is it obvious while reading the law.

      And yes, I guess I meant engineering. As you probably have noticed, english is not my first language.

      Regarding the patents on medicine, I should mention that I'm very well aware of the current situation, and why some people think that there cannot exist any more effective way to make sure new drugs are being developed than with patents. Even with the oh-so-great patent system, we still do not have a cure for cancer, who has been known to humans for atleast 2500 years. Maybe there are more lucrative areas to spend the money on, for example hair-loss treatments, or impotence pills.

      Since the major pharmaceutical companies all publish their income statements online everyone can see that they spend around 15% of their income on research. Doesn't sound very effective to me for companies that mainly does research and development. Sure, they have all the rights in the world to spend as much money as they want on whatever they want, but if we as a society would like to see some cure for AIDS or cancer instead of making sure that one industry gets to maintain it's easy business model, maybe it's time to figure out a better system.

      --
      c++; /* this makes c bigger but returns the old value */
  7. Patents are not Law. by nazera · · Score: 0

    I love when lawyers try to make money by blowing smoke up some suits (pick a hole). 1. Taxes are going to go back to reality when Shrub leaves office in 2008. 2. Corperate taxes are going to be one of the first targets ....the days of taxing only personal income and not corp profits are numbered. 3. We have a branch of government that makes laws and sets budgets (taxes).....they are not bound by any silly patents floating around. 4. Some time in the next 400 years laws will be in place to prevent lawyers from trying this kinda crap.....and I would think instant qauntum removale from this universe would be the punishment (as allowing governments to murder it's own citizens will finally be a thing of the past).

    1. Re:Patents are not Law. by NTiOzymandias · · Score: 1

      Patents may not be law, per se, but they ARE a free ticket to get a judge to hear your case on and off for several years while the defendant's lawyer fund goes further and further into the red. Chances are, the other guy will run out of money before the legality of your patent is ever determined. His future is ruined so he's no longer a threat, and you get his $$$ to boot.

    2. Re:Patents are not Law. by xanalogical · · Score: 1

      1. ... when Shrub leaves office in 2008

      While I for one would be very glad, I don't get everyone thinking that things will "return to normal" when Shrub leaves office. While the man may leave, the party and entrenched system will put someone in place just like him. I mean, he didn't pull all this off by himself. He ain't that smart.

  8. Obviousness test by Alain+Williams · · Score: 4, Interesting
    It strikes me that there is a simple obviousness test here: If shortly after a new tax law comes out several people start using the same/similar tax dodge then this is good evidence that the dodge is obvious to a reasonable tax accountant.

    If, however, a tax dodge only comes into use several years after the tax law, then I would agree that the dodge was not obvious.

    Having said that I still don't think that there should be patents on things like this, but that is another matter.

    1. Re:Obviousness test by Qadesh · · Score: 4, Insightful

      I don't know - if the tax dodge was obvious to the skilled accountant you would think it would be obvious to the skilled tax law draftsperson

    2. Re:Obviousness test by vxvxvxvx · · Score: 4, Interesting

      Yeah.

      Can't help but to wonder though, if it's something many start using to avoid taxes immediately after a new tax law is released, it's probably the intended effect. Like a tax break for driving eco-friendly cars or something. If it's something that is only discovered severals years after the tax law, it's probably a loop hole that got missed when the law was being written.

      Which then brings the question, if you knew a loop hole in the law, would you tell the people who can close it about the hole by filing for a patent in use of it? Seems kinda self-defeating, sure you might get a patent for the hole but the hole will get closed that much quicker than if you had just kept your mouth shut and kept it secret.

    3. Re:Obviousness test by sgent · · Score: 5, Insightful
      Your kidding right?

      Accounting firms get paid tens of millions of dollars to come up with tax hedges. It isn't all that obvious what they are doing in many cases.

      For instance, one older tax hedge -- not listed specifically in any laws -- involved forming a specific type of investment trust which purchased secured deed liens bonds of oil piplines, then reselling the interests in the trust. Using this method, the income from said trusts could be treated as operating (rather than investment) income by the holders in due course. This allowed them to prevent required liquidation (and subsequent taxation) of retained earnings in a C corp which had since converted to an S corp.

      If 1 click puchasing counts as non-obvious, the above is not even questionable.

    4. Re:Obviousness test by Anonymous Coward · · Score: 4, Insightful

      Hey, tax lawyers should not get it any easier than engineers. The first to invent gets the patent, unless there is published prior art that the patent examiner can find in a three-hour search. Otherwise the patent is granted. Later on, it may be possible to challenge the validity of the patent if you are sued for infringement. That's how we give incentives for technical innovations, so why would the same incentives not work on legal innovations?

    5. Re:Obviousness test by Kjella · · Score: 2, Insightful

      It strikes me that there is a simple obviousness test here

      Tax code? Obvious? Let me be the first to say: BAHAHHAHAHAHAHHAHAHAHAAAAAAAAAA *rolls on floor laughing*

      --
      Live today, because you never know what tomorrow brings
    6. Re:Obviousness test by merkhet · · Score: 3, Insightful
      Actually, such things would be "obvious" under the previously followed definition of "obviousness" in 35 USC 103.

      The definition used to be whether the new invention would be obvious to a "Person Having Ordinary Skill in the Art" (PHOSITA) So basically, you'd take your average tax boy and see if this would have been obvious to him based on the prior art.

      Unfortunately, the case law is in such a state that the "Person Having Ordinary Skill in the Art" is no longer the standard by which obviousness is judged. Currently, we look to the prior art and see if there's any "suggestion or motivation" to combine the prior art in such a way as to cover the claimed invention. And we interpret "suggestion or motivation" very narrowly so that pretty much nothing is obvious anymore.

    7. Re:Obviousness test by Znork · · Score: 1

      Not necessarily. The domain of human law and knowledge is huge; far too large for anyone to hold in their mind at the same time. Even tho the tax law draftsperson may be well versed in formulating taxes, he might not hold the same pieces of information in his head necessary for finding the obvious solution to escaping that tax.

      Necessity is the mother of invention, and the problem spaces of gathering taxes versus evading them are simply very different.

    8. Re:Obviousness test by enharmonix · · Score: 2, Interesting

      To see how difficult it would be to follow the tax code, I pulled up the whole thing (26 USC) in PDF form from Congress's website. It turns out Title 26 is longer than the the Koran, the New Oxford Annotated Bible, and Tolstoy's War and Peace ... put together*.

      * In case you're wondering, War & Peace ~1,400 pages, the New Oxford Annotated Bible ~1,800, the Koran ~500 pages.

    9. Re:Obviousness test by sjames · · Score: 2, Insightful

      I don't know - if the tax dodge was obvious to the skilled accountant you would think it would be obvious to the skilled tax law draftsperson

      Too bad there are so few of those in Congress. If a CEO signed without reading as often as Congressmen vote without reading, he would end up in jail. Congress also has a habit of 'patching' existing legislation which is itself a patch to a patch. When they do that, they apparently never bother to look at what will result when the patches are applied in order.

      Put in development terms, imagine if the source for the 2.6.18 linux kernel consisted of a copy of the first .c file Linus ever wrote and a time ordered series of patches that will result in kernel 2.6.18 iff they are applied in order. Now imagine that instead of doing that and then running make, make, gcc, and friends go through the patch process themselves internally so that the final form of the source never touches the disk. Finally, changes are made by directly editing a .diff file and tossing it into the pile, never actually looking at the final resulting source code.

      Should the bits not fit together, your must rent an advanced compiler module that guesses what was intended and tosses a patch of it's own into another pile to be automatically processed. There are dozens of different compiler modules all of which guess differently. The compiler may or may not choose to look at that second pile when formulating it's guesses. The developers may or may not choose to move a patch from the second pile to the first pile.

      In order to get a diff tossed into the pile, someone writes it, gives it an informative name and then the developers vote on it. For example, the change that makes Xco's proprietary bubblesorter run faster than the free qsorter was named "Sort Fairness Diff". Choosing a good name is essential as the developers are busy people and often vote based on the name without reading the diff itself.

      The system is considered to be perfectly open and fair since anyone at all may submit a diff or petetion for it's inclusion or exclusion. All they need to do is get a developer's attention. The best way to get that attention is to invite them to dinner at a strip club in Tahiti (for example).

    10. Re:Obviousness test by Anonymous Coward · · Score: 0

      That's how we give incentives for technical innovations, so why would the same incentives not work on legal innovations?

      Why not ask the question why there should be monopolies on legal and business "innovations"? What is the benefit to the society at large? Those who can figure it out, will benefit from it anyways. It's not like we're dying to know the latest and greatest financial loop-holes. Well, maybe the government is, but I just don't see what good this will do other than enrich the few, while putting up arbitrary limitations on everybody.

      Go to the root of the problem, always.

      It IS hillarious that lawyers and tax-people gets bitten by this, but then again, they're living in the swamp, so it probably happens all the time..

  9. Shakespeare was right by Anonymous Coward · · Score: 1, Insightful

    "The first thing we do," said the character in Shakespeare's Henry VI, is "kill all the lawyers."

    1. Re:Shakespeare was right by noidentity · · Score: 3, Informative

      That line may not mean what you think it means.

    2. Re:Shakespeare was right by hey! · · Score: 4, Interesting

      "The first thing we do," said the character in Shakespeare's Henry VI, is "kill all the lawyers."

      I'm a software engineer. I work in Windows, and frequently have to work with ** shudder ** Microsoft SQL Server. Now, I'd much rather work in Unix; or maybe something better. But if you start making lots of stipulations about what you're willing to work with, you'll find it harder to find work period. My choices of systems are constrained by my customers' choices.

      Why is this relevant?

      I suspect most lawyers, if they could, would change a number of laws. That's probably why many lawyers decide to become politicians; but for the vast majority that don't, they're stuck working with what they have or not working at all.

      It always sticks in my craw when politicians use lawyers for scapegoats. The lawyers are just making a living with what the politicians hand them.

      Now it is true that business patents started after a court decision allowing them; however that court decision interpreted a statute, which happened to have an unintended consequence. It has been within the power of politicans ever since to fix this oversight, but they haven't because the average person is much less important to them than people seeking to turn business practices into a form of property.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    3. Re:Shakespeare was right by Anonymous Coward · · Score: 1, Insightful

      That line may not mean what you think it means.

      That line means exactly what he (and 99.8% of the general public)
      thinks it means.

      Who cares what Mr. Shakespeare intended it to mean hundreds of years ago?

      Besides, isn't twisting the meaning of words the stock and trade of
      Lawyers? Payback's a bitch.

    4. Re:Shakespeare was right by RotateLeftByte · · Score: 1

      Only Partially Right

      It should be

      "The first thing we do is kill all the lawyers who are politicians"

      --
      I'd rather be riding my '63 Triumph T120.
    5. Re:Shakespeare was right by Aqws · · Score: 1

      I hate people who use bold for no reason.

    6. Re:Shakespeare was right by noidentity · · Score: 1

      The words without context mean what he meant, but in the context of Shakespeare (which he quoted it in), it means something different. Why quote it in context if it's meant out of context?

    7. Re:Shakespeare was right by Anonymous Coward · · Score: 0


      I'm a software engineer. I work in Windows, and frequently have to work with ** shudder ** Microsoft SQL Server. Now, I'd much rather work in Unix; or maybe something better. But if you start making lots of stipulations about what you're willing to work with, you'll find it harder to find work period. My choices of systems are constrained by my customers' choices.

      You may as well say the following:

      I'm a feces cleaner. I'm paid to clean up feces with my tongue. Now, I'd much rather work at cleaning feces with a scrubbing brush, or maybe something better like a job that doesnt involve fecal material at all. But its just an easy job to find and retain, so I dont want to branch out into something more agreeable as it will be harder to find work.

      If you dont like your job, leave! Do something different - refuse windows work, and if your employers threaten you with your job, smile, ride out the storm, and be free of windows either way. Lifes too short to work in situations or fields that make you miserable. There are always people wanting to do your job for worse pay and conditions - so be glad of this and leave them to bicker over table scraps while you take a relaxing holiday then launch into a career path that you are happy with.

    8. Re:Shakespeare was right by winwar · · Score: 1

      "It always sticks in my craw when politicians use lawyers for scapegoats. The lawyers are just making a living with what the politicians hand them."

      Considering most politician are lawyers (at least at the national level) would that be professional courtesy? :)

    9. Re:Shakespeare was right by hey! · · Score: 1

      Point of logic. Becase Socrates is a man doesn't mean all men are Socrates.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  10. What the pizzachrist. by NTiOzymandias · · Score: 2, Funny

    I'm flabbergasted. Honestly, I fucking am. This is just not fucking acceptable. Just... no. What the fucking... I mean, how the fuck.... FUCK.

    I have a request for you, world. Please end. Immediately. I really mean it. No more. It's not worth it to keep existing, y'know? We are an embarrasment to the concept of existence.

    I mean seriously, holy shit.

    1. Re:What the pizzachrist. by jabex · · Score: 4, Funny

      I would agree with you, but unfortunately the point described in your post has already been patented as a business concept.

      Also, I own a copyright on the term "Please end." Please end(c) your use of this phrase immediately.

      --
      Like Teddy with an elephant gun.
    2. Re:What the pizzachrist. by Memnos · · Score: 1

      Unfortunately for you both, I possess the copyright on the term "pizzachrist", having first used it to describe an image seen on a pizza just outside of St. Peter's Basilica and published it via crazy people with pencils and paper. And, I have a method patent on the use of the word "fuck" (Reg. U.S. Pat. Off.), prohibiting its use in any context not referring to the act of sexual intercourse (there was prior art on that one).

      --
      I don't trust atoms -- they make up stuff.
    3. Re:What the pizzachrist. by Anonymous Coward · · Score: 0

      And unfortunately for both of you, you can't copyright a phrase. Do you mean trademark? The concepts really aren't that confusing.

    4. Re:What the pizzachrist. by Memnos · · Score: 1

      Yes, I think we both do. I hope that you realize that the comments were an attempt at relatively innocent and non-disparaging humour. That gives us a bit of "comedic license" to play loose with facts that are not central, even if the term "comedic" is overstretched. BTW, I have done a number of years of work in IP law. Of which I am embarrassed.

      --
      I don't trust atoms -- they make up stuff.
  11. Absurd by Anonymous Coward · · Score: 0

    How can you patent 'business methods'. This is just abusurd, and could never happen in a democracy.
    I feel sorry for Americans, living under that horrific regime.

  12. Awww.. come on now! by sstamps · · Score: 5, Insightful

    Oh, wow, so NOW someone patents something that pinches lawyers, and it's "ZOMG! WE GOTTA DO SOMETHING ABOUT THAT!!!" from the lawyers, and all this business method patenting bullshit that has been going on for decades gets nary a finger wave all this time?

    I'm shocked. Truly.

    Even beyond the fact that patenting something has to do with obeying the laws of the land, the whole notion of patenting business methods (and many forms of software patents as well) was and has always been absurd and self-destructive.

    --
    -SS "Teach the ignorant, care for the dumb, and punish the stupid."
    1. Re:Awww.. come on now! by NeutronCowboy · · Score: 5, Insightful

      And you know how they're gonna fix it? By passing a law that allows business method patents except in cases where it method involves the use of a law.

      I think #1 problem is that we have TOO MANY laws. Seriously. Cut the big book of laws to a cliff note sized booklet, and we will not have 99% of all the problems we currently have with the law. And to boot, regular citizens will actually be able to understand and follow the law themselves.

      --
      Those who can, do. Those who can't, sue.
    2. Re:Awww.. come on now! by Anonymous Coward · · Score: 2, Informative

      I know you're just expressing frustration, but you're doing it in a very ridiculous way.

      The reason we have so many laws is that people require clarity. Let's take for example, a paper that I am currently writing in law school. In essence, so and so was charged with a DUI, but there is sufficient evidence to show that he may have been entrapped. How do we know if he has been entrapped? There's a 2-part test. Was he induced into committing the crime, and was he predisposed to commiting it?

      Do you see the problem? How do you define a term like inducement or predisposition? Most of the law on the books (well, case law at least) exists to define these words. Because without that definition, you will never know the standard to which you are being held.

      Just my 2 cents, but of course you won't listen, since I'm going to be one of those lawyers you so despise.

    3. Re:Awww.. come on now! by Anonymous Coward · · Score: 1, Insightful

      If laws were essentially required to be logically sound or be considered buggy, like a computer program (where you also have to define all the words, ultimately, whether it's you or the writer of a compiler (for language "built-ins"), then that might be a point. But right now, when arguing in court or when making law, logically contradictory laws are the norm rather than the exception.

    4. Re:Awww.. come on now! by Anonymous Coward · · Score: 0

      all this business method patenting bullshit that has been going on for decades

      It hasn't been going on for decades; less than one, in fact.

      How business methods came to be patentable is a hell of a story, really. It boggles the mind in many ways, and I would love to see the finances of the judge who handed down that decision, as his previous claim to fame was having set the main precedent on why they weren't patentable.

    5. Re:Awww.. come on now! by BlueStrat · · Score: 1

      And you know how they're gonna fix it? By passing a law that allows business method patents except in cases where it method involves the use of a law.

      Or, they could set up a huge organization to rival the IRS to send forms out to every citizen, corp, organization, etc for them to fill out annually to determine how many laws you've obeyed, and how much you owe for NOT going to jail.

      But wait..I could pay less by not obeying the law, therefor obeying the law about not using a patented method of obeying the law.... :-|

      I gotta stop here. If I continue down this path of logic, I'll burn my wetware out like the "Norman" android model from the old original Star Trek episode where Mudd finds an ancient planet of androids and they escape them by inducing a logic loop breakdown!

      Cheers!

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    6. Re:Awww.. come on now! by kruhft · · Score: 1
      I think #1 problem is that we have TOO MANY laws. Seriously. Cut the big book of laws to a cliff note sized booklet, and we will not have 99% of all the problems we currently have with the law. And to boot, regular citizens will actually be able to understand and follow the law themselves.

      Like any system that is developed over time, the new one will be tiny, compact, perfect and understandable by all. Once other people get involved, you will then find a massive amount of additions to cover the needs, desires and personal agendas the will build up over time, causing cruft to build up and thhe users and developers watch the system to collapse under it's own wieght.



      America is a relization of the Second System Syndrome. Or was that the Tower of Babel. In any case, a system may only become so complex before it implodes; the human mind can only understand so much, and as the number of people increases, that gets less and less...

    7. Re:Awww.. come on now! by Kjella · · Score: 2, Insightful

      I think #1 problem is that we have TOO MANY laws. Seriously. Cut the big book of laws to a cliff note sized booklet, and we will not have 99% of all the problems we currently have with the law.

      Laws are written in legalese for the same reason applications are written in programming languages, not English. Let's take a crime like murder - the layman's definition is very simple - to kill someone.

      In legal terms, you have to put up standards of intent like manslaughter, assault with fatal outcome (which is a separate and lesser crime here, don't know about the US), murder in affect, premeditated murder, murder under the influence of narcotics or intoxication, persons with psychological problems, self-defense and so on. Often it's the secondary crimes that are even harder to define - give me a short and accurate definition of "accessory to murder", that'd match current legal practise. The shorter you make the laws, the more you'd have to have surrounding them.

      Or to take another example - clearly it should be illegal to build houses which are dangerous to live in. However, if you want to put building code into the law to specify what exactly is meant by that, you have a ton of regulations to follow. These aren't important to anyone outside those building housing, but they'll are still rather important. Health regulations for food shops and resturants. Customs regulations of imports and exports. There's plenty examples of valuable laws that aren't applicable to most people.

      And to boot, regular citizens will actually be able to understand and follow the law themselves.

      As I've alreday said, many of these are more complex and contain much more detail than the public needs to know. Finally, all these laws need to include penalties or remedies, repeat offenses, extenuating and penalizing circumstances (Our system works with both, at least) and so on which aren't really interesting to know for most people. There's a huge difference between what the general public needs to know, and what the legal system needs to have for the system to function, and to function fairly.

      --
      Live today, because you never know what tomorrow brings
    8. Re:Awww.. come on now! by NoseSocks · · Score: 1

      There are previous laws stating that people have to drive with both hands on the wheel. Now there are laws that state you cannot drive with a cell phone in your hand.
      The Grandparent and Parent are right, but the Parent doesn't understand it: People do want clarity... and that's why many of us are asking for less laws. There's no clarity in the current quagmire of laws, many of which are redundant or "forgot to be removed" (see Boston's old law about arresting Native Americans).
      We're engineers and computer scientists here. Many of us like strong definitions and standards. We like to strive for efficiency. We like progress. The current legal system appears to lack most of these qualities. When we hear about the need for new laws, "brilliant" ideas such as "we need to ban violent video games" come to mind.
      Politicians are lawyers and that's the bottom line of the problem. Much of what is needed to fix the current mindset of law would require the politicians to turn against lawyers (their friends and former selves) and each other. I don't see it happening anytime soon.
      So how about a compromise? There will always be pushes for new laws; however, there are too many old, broken laws. Either force a sunset provision for every new law (where at the expiration date the law can be extended, but only after a conscious effort has been made to review it), mandate that "for every new law created, 2 others must be removed", or do BOTH.

    9. Re:Awww.. come on now! by NeutronCowboy · · Score: 1

      I don't despise lawyers. I despise lawyers who make shit up to justify doing things that normal people *know* are destructive to society t large.

      That said, yes, you're right, it's obviously not feasible to condense all laws into 25 A6 pages. However, what I object to is the proliferation of stupid laws, and the continued existence of laws that have no reason to exist anymore. The "don't spit on Sunday's" law that probably was enacted in 1812 fits both categories. Or a tax code that has grown to 7500 pages - can you honestly say that all 7500 page are needed for clarity?

      Here's the other problem - the clarity you claim comes from long reams of case law is far from clear. Why? Because it's case law. Some judge decided that something was defined one way, and that's how it's gonna be forever? That's not clarity, that's personal opinion. Or why do you think that people are itching to get new abortion cases before the Supreme Court? Because they know they only have to find 5 judges there to agree with them to change about 30 years of established law.

      This is not clarity, this is a jungle.

      --
      Those who can, do. Those who can't, sue.
    10. Re:Awww.. come on now! by scot4875 · · Score: 1

      One side effect of all this is that when you end up with extremely specific wording for a law -- or, say, contract -- that is buried in tomes of legalese that a layperson can't possibly follow or understand, you end up with a system that requires a lawyer's involvement for even the simplest of things.

      Otherwise, you end up with people buying "flood insurance" (seems like a simple-enough definition, right?) that doesn't cover *wind* damage, and "hurricane insurance" (again, simple enough) that doesn't cover *water* damage... And a clusterfuck of lawyers arguing over technicalities of what you actually paid for, and why, exactly, they don't have to give you any money.

      Being extremely specific is useful for things like building codes and city planning. Otherwise, a reasonable judge and a jury of your peers should be able to come up with something reasonable on a case-by-case basis for a more general law.

      --Jeremy

      --
      Jesus was a liberal
    11. Re:Awww.. come on now! by sjames · · Score: 1

      Speaking as a person who only despises some lawyers, I do feel the need to bring up a very fundamental point.

      If the law has become sufficiently complex that even a legal professional would have to do research to be somewhat sure of what is or is not legal in a given situation, what chance does the 'average joe' have? I say somewhat because even competant professional lawyers sometimes discover they're wrong.

      We maintain the illusion of the average law-abiding citizen, but in fact there is no such thing. The average citizen just does his best to do "what's right" and has to hope the law (whatever it might be) agrees. Further, should he discover that the law doesn't agree, he will be hard pressed to afford a vigorous legal defense.

      Of course, police are mostly in the same boat. They simply can't be police officers AND devote a professional career to knowing and understanding all of the subtle nuances of the law.

      The surest way to completely destroy society would be to enforce laws perfectly.

    12. Re:Awww.. come on now! by torokun · · Score: 1

      Blaming problems on the fact we have too many laws is like blaming problems with *nix on the alleged fact that it has too much code. Laws not only restrict action, but also make new things possible, solve problems, etc.

      Ideally, laws should be exactly as complex as they need to be, no more, no less. The only way to achieve this is through a slow evolution, which is what we try to do.

  13. Outsource the Lawyers! by Tablizer · · Score: 2, Insightful

    But what if one gets tax advice from overseas where they don't accept silly patent laws?

  14. Recursive patents. by 91degrees · · Score: 5, Funny

    So, if I patent a method af applying for and receiving a patent, will the patent system self destruct?

    1. Re:Recursive patents. by Alef · · Score: 1
      So, if I patent a method af applying for and receiving a patent, will the patent system self destruct?

      I suspect there would be prior art.

      But perhaps one could patent the business method of "using software patents to impede open source competitors threatening your monopoly", for example. If some company would like to prove that they have prior art, then please, be my guest.

    2. Re:Recursive patents. by Alsee · · Score: 1

      Better yet patent the method of rejecting patent applications, then refuse to licence the patent office permission to use it.

      Oh wait, it seems someone must have already beaten me to it.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  15. Hahahah by Anonymous Coward · · Score: 0

    I can't stop laughing from lawyers fscking other lawyers. Time to taste your own sh*t. I hope someone gets sued, soon.

  16. Licensing "Plan B" by kripkenstein · · Score: 4, Insightful

    "nor deny to any person within its jurisdiction the equal protection of the laws."

    Good point. But until this is 'noticed' by the courts, there are some further worrying questions. One is that there is nothing specific about patenting 'business methods' related to tax law, as opposed to other branches of law, as far as I can see. So, why not patent a type of defense in criminal law? Not that this topic is funny, but imagine for humor's sake "Plan B" from The Practice or "the Chewbacca Defense" from South Park being patented.

    1. Re:Licensing "Plan B" by rtb61 · · Score: 3, Interesting

      Even more interesting, how about when the patent holder attempts to sue the tax office for patent infringement, when the Tax office changes the law to close of that patented tax loophole. The claim would be for a percentage of all government taxation that could have been avoided via the use of that tax loophole for the life of the patent.

      --
      Chaos - everything, everywhere, everywhen
    2. Re:Licensing "Plan B" by merkhet · · Score: 3, Interesting

      I'm actually writing a paper in my patent seminar on this particular topic. In the Ways and Means Hearing on this topic, this exact point was brought up. The response was that the "novelty" requirement (35 USC 102) in patent law would keep the most basic and well-known strategies from being patented. However, this leaves open those strategies that are less well-known or not yet developed techniques for patenting.

    3. Re:Licensing "Plan B" by merkhet · · Score: 1

      Well, there's a problem with suing the sovereign (the government) but even if you get past that, I'm not sure that they would have a case. The only thing that I could think of off of the top of my head is to sue for the government for just compensation because the change of the tax law constitutes a Taking. (Fifth Amendment)

    4. Re:Licensing "Plan B" by Mateo_LeFou · · Score: 1

      You think the US Patent Office is applying the "novelty" standard effectively?! That's so CUTE!!!

      --
      My turnips listen for the soft cry of your love
    5. Re:Licensing "Plan B" by Anonymous Coward · · Score: 0

      This is why business method and software patents are invalid and the prohibition against them the existed since either concept came into existence should not have been sold by politicians to campaign donors in the 1990's. Of course, these sales of laws against public policy to campaign donators do not stand without the assistance of the courts. So the recent crop of politicians are not the only ones to blame.

    6. Re:Licensing "Plan B" by Alsee · · Score: 1

      Please tell me that at least someone in the Ways and Means Hearing was not satisfied with that answer, and continued to object to the fundamental notion of tax patents?

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    7. Re:Licensing "Plan B" by Anonymous Coward · · Score: 0

      Of course not. They were all too busy running to the bank to cash their campaign donation cheques from the Tax Accountant's association, HR Block, and Arthur Anderson to bother with petty crap like investigations or lawmaking.

  17. The kicker is the final line in the article: by NeutronCowboy · · Score: 5, Insightful

    "Ain't democracy great?"

    Right there is the prime reason why people are getting more and more cynical about this entire democracy thing: here, democracy has degenerated into a simple oligarchy, where the group in power is the group with money. Quite frankly, I wouldn't be surprised if in 50 years, the US would have the same political system that China has now: a central party that is in name democratic, but in practice completely static, and where ascension to posts comes strictly through internal power struggles.

    I'm really not one for doomsday scenarios, but I have to say that this kind of crap is how people get disenfranchised and the idea that they have nothing to lose anymore. And what do people do who feel they have nothing to lose? They revolt. Feh.

    --
    Those who can, do. Those who can't, sue.
    1. Re:The kicker is the final line in the article: by Anonymous Coward · · Score: 4, Interesting

      Don't forget to look at history to see itself repreating. China is a nice boogieman oligarchy to compare to but never was a democracy and has no democratic tradition. The US as it is now (with so many corporate friendly laws and taxes that you'd almost think it's inhabited only by companies not people) looks much more like Italy and germany around 1930 - 1935. The only way you can get something changed in your country if you are part of a larger block. You cannot be non-religious (you get labelled religion:atheism) or not part of a political group (only republican, democrat, libertarian or leftwing extremist, you vote according to the block you're in, not after carefull deliberation). Any political opposition gets labelled anti-american.
      There are plenty of other signs of approaching fascism in the US, but I am afraid few inside will recognise them. After all, it is unpatriottic to think such toughts, and in times of war, you should not question the army/the president/gouvernment...

    2. Re:The kicker is the final line in the article: by Anonymous Coward · · Score: 0

      What makes you think it will take 50 years? I mean, your current ruler's only real qualification is that his dad did it too.

    3. Re:The kicker is the final line in the article: by mblase · · Score: 1

      where the group in power is the group with money

      For my next amazing trick, I will demonstrate that 2 = 2.

    4. Re:The kicker is the final line in the article: by realkiwi · · Score: 1

      Quite frankly, I wouldn't be surprised if in 50 years, the US would have the same political system that China has now: a central party that is in name democratic, but in practice completely static, and where ascension to posts comes strictly through internal power struggles.

      Sorry to wake you, but looking from the outside you have had that political system for longer than the Chinese. They are just copying you...

      --
      realkiwi
    5. Re:The kicker is the final line in the article: by Pandion · · Score: 1

      So the most salient features of a democracy fallen into fascism are:
      1. groups having more power than individuals
      2. having to fill out the religion box on a form
      3. everyone belonging to a political group
      4. all the different groups claiming their ideology is the best

      huh! That doesn't sound bad at all. I wonder why the Nazis got such a bad rap...

    6. Re:The kicker is the final line in the article: by phantomfive · · Score: 1

      Dude, I think you'll find that people have been voting in blocks since the beginning of the US. Where do you think unions came from? Haven't you ever heard of politicians courting a specific block of the population? What do you think political parties are? It is just the natural way of things....people who have similar interests vote for similar things. In fact, if anything I would say that recently people are becoming more independent in who they vote for, and not following the crowd, instead of the other way around.

      --
      Qxe4
  18. Looks like the obvious stuff is taken... by Merovign · · Score: 1

    1. Patent "Methods for Not Committing Murder, Rapine, Robbery, Soccage-in-feif, and Barratry-on-the-high-seas."
    2. Hire a grasping, unethical lawyer.
    3. Profit!

  19. What's particularly insane about this... by xoyoyo · · Score: 3, Insightful

    ...is that the patents are based on something that may not remain the same for the life of the patent.

    If I patent a tax avoidance scheme that involves, say, investing in a rainforest planting scheme to get a tax break (grossly simplified example) and that tax break is removed in the next budget then the patent is no longer valid.

    One of the principles of patent law is that a patent is a disclosure: in exchange for protection on your invention you provide instructions on how to implement the invention. If it's not implementable the patent is invalid - this is where those perpetual motion machines that slip through from time to time get knobbled.

    As a patent examiner cannot be certain that the "model" of the patent will work for the term of the patent they shouldn't grant it.

    Or, of course, the next US administration could implement an intellectual property regime that doesn't look like an unseemly land grab, and then spend all its time in the WTO trying to persuade the rest of us to follow suit.

    1. Re:What's particularly insane about this... by dwandy · · Score: 1
      and that tax break is removed in the next budget then the patent is no longer valid.
      It's still valid ... it's just worthless.

      A patent on a better horse-buggy whip thingie wan't invalidated when the horseless carriage came along ... just that no one cared about your patent any more...
      Events overtaking your idea doesn't invalidate your patent ... just renders it worthless. (where worthless means that your idea requires no protection because no one will use your idea....)

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    2. Re:What's particularly insane about this... by xoyoyo · · Score: 1

      That's a logical fallacy. Your better horse buggy whip would still make the horse move faster, even if no-one used it. The invention would still be valid because it could still be shown to work.

      The effect of changing a tax law is to change the fundamental environment the patent operates in. For a sensible patent, on a physical invention such as a better gasoline engine, it would be as though the laws of physics suddenly changed and petrol stopped combusting.

    3. Re:What's particularly insane about this... by dwandy · · Score: 1
      'Tis no logical fallacy.

      A patent is on the specific way of doing something ... not on the end result. In other words, a patent may protect a way to convert steam into locomotion, but that didn't stop the internal combustion engine from also causing locomotion.
      So what that means is that the tax patent will be some series of off-shore accounts, tax shelters, shell companies and the interactions between them. This sequence of actions is what will be protected, and even if the tax code changes, this series of actions will still be protected. The fact that no one will use it to reduce their tax burden is not important, since the goal is not patented -- just the actions.
      You can't patent "tax planning" -- the prior art would kill the patent immediately.

      By the same note, anyone who unwittingly performs the same series of actions (not to get around taxes, but possibly for some other internal structuring reasons) is still guilty of patent infringement...

      The OP said that the patent would be invalidated, and this is false. Worthless yes, but not invalidated.

      IANAL yadda yadda whatever, but patents get invalidated for reasons like prior art... not because it doesn't serve it's author's original intented purpose... Purpose (AFAIK) isn't even in a patent, and it's every patent holders wet dream that some purpose they never thought of becomes the next big thing and they get rich for something they didn't think of...

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    4. Re:What's particularly insane about this... by secretasiandan · · Score: 1

      Scarier still, what if someone patents a tax aversion method that isn't legal yet, then gets a law passed that makes her method legal. Everyone will want to do it and think it is obvious, but it wasn't at the time her patent was accepted. She could then charge a fee from everyone providing services that use that tax method. It would be like legistlating yourself a share of the federal tax pie

      --
      Is this where my sig goes?
    5. Re:What's particularly insane about this... by xoyoyo · · Score: 1

      That's a stronger argument, but still wrong. In order to be patentable an invention has to be useful. You're right, you don't patent outcomes; but your method has to produce an outcome. Regard: http://www.uspto.gov/web/offices/pac/doc/general/i ndex.html#patent

      Also note the phrasing of the typical patent: http://www.uspto.gov/web/patents/patog/week06/OG/h tml/1303-1/US06994072-20060207.html (A something something FOR doing something).

      The UK patent office guide is much clearer: http://www.patent.gov.uk/whatis/whatis-patent.htm (it also excludes most of the things that cause so much fun on Slashdot)

      I'm not saying a tax patent doesn't serve the inventor's purpose; I'm saying that if the law is changed it *cannot* serve the inventor's (or anybody's) purpose and therefore it is no longer an invention. If one step became illegal for example, it wouldn't matter if you could apply the steps elsewhere. Since the patent has to be useful in order to be valid, it loses its validity; and since the environment the patent is claimed for is inherently unstable tax patents (and indeed any patent which is based on law) should not be granted.

      Obviously they do get granted, but hey, the US's IP regime is completely broken. That's not even news.

    6. Re:What's particularly insane about this... by SillyNickName4me · · Score: 1

      this series of actions will still be protected. The fact that no one will use it to reduce their tax burden is not important, since the goal is not patented -- just the actions.

      Being a 'usefull invention' is a requirement for patenting. If an 'invention' is useless then the patent should become invalid because one of the basic requirements for being patented is no longer forfilled.

    7. Re:What's particularly insane about this... by dwandy · · Score: 1
      I'm not saying a tax patent doesn't serve the inventor's purpose; I'm saying that if the law is changed it *cannot* serve the inventor's (or anybody's) purpose and therefore it is no longer an invention.
      yeah ... but if patent officers were litterate most patents wouldn't be granted in the first place...

      from nolo.com:

      An invention is nonobvious if it would be viewed as an unexpected or surprising development by someone skilled in the technology of the particular field

      Note that it needs to be unexpected to someone who knows something about the subject... just because no one has previously thought of something doesn't mean that it would be surprising once they did think about it. And that clause has (never?) been applied as written.

      But back to "useful" ... who determines usefulness? me? you? the patent office? Since (still AFAIK) the purpose or use of the patent is not part of the patent, a change in the law that renders it useless in the original (unwritten!) purpose doesn't mean that it *might* not have some other purpose. Therefore, once granted it would be pretty dangerous to start invalidating patents where someone could argue that it's no longer useful. Beyond that, who would argue that it's no longer useful? probably just people who've found a new use for the patent...hehe.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
  20. Just make tax reduction strategies obsolete. by jcr · · Score: 4, Interesting

    We waste incredible amounts of time and money working around our Byzantine internal revenue code. There's a better way to handle this.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
    1. Re:Just make tax reduction strategies obsolete. by stinerman · · Score: 1

      Just to get us a bit off topic here, I must say the "Fair Tax" idea is very appealing to me and I'm pretty damned liberal. I agree with the idea that a sales tax is inherently easier to collect, and the proponents of the idea have eliminated the inherent regressiveness of a sales tax, which I like as well. There are a few problems I have with it (the rate should aim to be higher among the rich), but in theory, I think its better than the system we have. I could see some "abuse" with it though. I, for one, would simply live like a pauper until I saved up enough money to start making decent returns on conservative investments. With that monthly tax check coming, it seems like I could do it in short order.

    2. Re:Just make tax reduction strategies obsolete. by jcr · · Score: 4, Insightful

      I could see some "abuse" with it though. I, for one, would simply live like a pauper until I saved up enough money to start making decent returns on conservative investments.

      And why, exactly would that be a bad thing?

      The fact is that under our present system, the bulk of the money comes from the middle class. If you make a million bucks in a year and actually pay the AMT or the full nominal amount for that tax bracket, then you simply have an incompetent accountant. Rich people can keep their money in the bahamas, they can buy "farms" that pay them subsidies for growing weeds, they can "invest" in whatever harebrained schemes have the favor of the right congresscritters this year, they can hold "charity" parties where they spend millions to raise thousands, and the list goes on and on.

      Besides the benefit of efficiency of tax collection itself, we'd also see great improvements in our economy due to businesses being able to make decsions based on return on investment, without regard to tax consequences (since the tax consequences are always the same: you pay tax on what you spend.

      Add to that the several trillions of dollars currently held in offshore accounts that would likely be repatriated to the United States (no need for a tax shelter anymore), and you have a recipe for a lot of people being able to improve their lot in life.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    3. Re:Just make tax reduction strategies obsolete. by stinerman · · Score: 2, Interesting

      And why, exactly would that be a bad thing?Not much of a bad thing, which is why I put it in quotes. I could see some politicians getting uppity about people like me living off the government dole. Realistically, I don't think you could get a bill passed that gave everyone a monthly check. Actually, once I wrote that, framing the program in those terms would pretty much assure its approval! Its the $300 rebate check all over again, only you get it EVERY MONTH.

      I'm pretty much for it, although I'd like to tweak the percentages here and there. Then again, it conflicts with my dream of seeing the federal government shrink drastically and power returned to the states. I'm not so much against an income tax as I am a labor tax. Work earnings shouldn't be taxed a penny, no matter how much you money you make selling your labor. Now the moving money around in a circle deal should be taxed at a high rate, IMO.

    4. Re:Just make tax reduction strategies obsolete. by jcr · · Score: 1

      I'd like to tweak the percentages here and there.

      So would a lot of people, and that's why we're in the mess we are today. Maybe you want to penalize people for getting rich, while other people want to punish those who get fat, and still others want to really fuck over anyone who builds a house taller than two stories. The upshot is a massive tax code that not even the IRS can understand or explain to the taxpayers.

      The main purpose of the FairTax proposal is to remove taxation as means to push anyone's agenda, and limit it to raising the money that it takes to run a government. One industry that it would decimate would be the political lobbying business.

      the moving money around in a circle deal should be taxed at a high rate, IMO.

      Well, this is a case where you shouldn't get what you want. Any country that tries to "soak the rich" just drives their money away.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    5. Re:Just make tax reduction strategies obsolete. by (H)elix1 · · Score: 1

      Be careful - the definition of 'rich' gets lower and lower each year. (grin) If you are in technology and are lucky enough to have a dual income, you may be shocked to find yourself paying Alternative Minimum Tax.
       
      ...the Treasury Department estimated that around 15% of households with incomes between $75,000 and $100,000 must pay Alternative Minimum Tax...

      And that is not hard to do in California, for example, where 50k a year puts you at the poverty level. Even at 100k or more, there are no fantastic 'hide all your money' shelters like their might be for some MPAA execs with seven digit salary.

    6. Re:Just make tax reduction strategies obsolete. by AK+Marc · · Score: 1

      The main purpose of the FairTax proposal is to remove taxation as means to push anyone's agenda, and limit it to raising the money that it takes to run a government.

      So, the fairtax people are the only people on the planet with no agenda, and their numbers are prefect. Anyone that might want to move a percentage up or down a little obviously has some agenda and wants to hurt others out of spite. With logic like that, I don't think the fairtax people would want you supporting them. I think that I would like to tweak the percentages too. They are completely arbitrary, so they can't be any more "correct" now than with me muddling with them some. Or are you really saying that their untested arbitrary numbers are perfect and every other choice is wrong?

      Any country that tries to "soak the rich" just drives their money away.

      But the fairtax taxes the high income people more than the small income people (assuming the same spending percentage between rich and poor). So how can you claim something is evil, then turn around and support it? Oh, I forgot, fairtax is perfect, and any other choices are spiteful choices designed to punish. The only thought on the planet that isn't trying to punish everyone else is fairtax.

    7. Re:Just make tax reduction strategies obsolete. by phantomfive · · Score: 1
      While I agree that the tax code we have now needs a major overhaul, I am not sure that sales tax is the way to do it. The problem with sales tax is that poor people pay a higher percentage of their income in taxes. This is why most states have a regressive tax system, in which the higher your income, the less you pay in taxes. Now, the fairtax people have a plan to give rebates to those living below the poverty line, but this will just add more complexity to the complex system.

      Personally, I think the government should open an independent council to establish tax laws, something like the Federal Reserve board. They should give the council general guidelines, something like:
      1. Create a progressive tax system, meaning the poor pay less and the rich pay more.
      2. Encourage economic growth, especially encourage small businesses.
      3. Nobody has to pay more than 30% of their income.
      4. Close loopholes as soon as they are found.
      5. Make the tax code simple.
      This council should not give tax breaks for marriage (though there shouldn't be a tax penalty either), for affirmative action, for ecology, for anything; taxes are money and they should deal with money. It is the job of congress to deal with social issues, not the tax council.

      Of course, there will still be some issues with this method, but it will be much better than what we have now, and it has worked quite well for the federal reserve (can you imagine what would happen if congress were in charge of interest rates? Maybe people who supported gay marriage would get better interest rates, or if you drove a gas guzzling vehicle you would get worse interest rates, it would be a mess).
      --
      Qxe4
    8. Re:Just make tax reduction strategies obsolete. by QuoteMstr · · Score: 1

      Why the magic 30% mark? Would Bill Gates' quality of life be reduced any if he had to pay 75%, or even 90%, of his annual income in income tax? Progressive taxation should increase asymptotically all the way to 100%.

      For a society, wealth equality is a GOOD thing. It promotes egalitarian behavior, discourages the kind of blatant anti-middle-class power grabbing we're seeing today, and decreases the creation of aristocratic social classes.

      A progressive income tax equalizes income while still providing the incentive to work harder that capitalism requires to work. There are just diminishing returns in earning insane amounts of money, which helps distribute wealth more evenly. Is Joe CEO really worth 100 million times more, as a person, than Bob Programmer?

    9. Re:Just make tax reduction strategies obsolete. by QuoteMstr · · Score: 1

      What's wrong with using taxes to push an agenda? Tex breaks can be used to promote certain activities that we want people to perform without either passing laws to REQUIRE them to do so. Tax breaks provide flexible incentives, and we should retain the ability to provide them. Tax breaks can be given for fuel efficient cars, recycling, opening up business in a depressed area of city (we have these in Buffalo) and so on. What's so wrong with this setup?

    10. Re:Just make tax reduction strategies obsolete. by Anonymous Coward · · Score: 0

      What's so progressive about theft?

      I mean, how is what you suggest any different from knocking on Bill Gates's door and sticking a gun in his face? What, exactly, entitles you to 100-epsilon% of Bill Gates's wealth?

      There are countries that do what you suggest. They are all utter hellholes. Let's not do that here.

    11. Re:Just make tax reduction strategies obsolete. by stinerman · · Score: 1
      Well, this is a case where you shouldn't get what you want.
      Why shouldn't I get what I want? I'm a citizen of the United States of America, and my voice is equal to all others regarding government policy. The law should respect the will of the citizens, while working inside a constitutional framework. I'd be happy to believe my positions aren't of the majority

      I don't want to punish people for being rich. I want to punish people who are rich that don't do anything but collect dividend checks. Our current tax code puts investment above work. I want to put work above investment.

      After further review of the site, I'd actually change a hell of a lot. They want to tax necessities. That doesn't fly. Also, estate and capital gains taxes are abolished. No deal. Social Security and Medicare. Right out.
    12. Re:Just make tax reduction strategies obsolete. by phantomfive · · Score: 1

      I said 30% because I don't want to tax people more than I am willing to pay myself.

      What you are trying to accomplish is a fair society; it is a good idea but you are going about it the wrong way. If you try to force equality you will end up like Russia or China after the communist revolution. The government is often corrupt, slow, wasteful, and incompetent, which is why even generous people don't want to give it all their money. Bill Gates will likely do more good with his money than the government would.

      People generally get paid what they are worth in monetary terms. Maybe Joe is not worth 100 million times more (which is of course an exaggeration) than Bob, but whoever is paying him thinks he is worth that much money. If you start limiting people's salaries, then you are going to slow economic growth and progress.

      If you want to make a fair society then you will need to start with education: educate the rich to help the poor, and teach the poor how to improve their situations. Money isn't everything, and some people will choose not to dedicate themselves to becoming rich. For those who want to make money their goal, the way is there for them to acheive it. And there is nothing wrong with that.

      --
      Qxe4
    13. Re:Just make tax reduction strategies obsolete. by QuoteMstr · · Score: 1

      For those who want to make money their goal, the way is there for them to acheive it. And there is nothing wrong with that.


      No, there is nothing wrong with that per se --- but there is a correlation between inequality of wealth and inequality of social justice. In history, societies with the greatest wealth disparities have always been the least healthy, least honest, least desirable. Wealth begets more wealth, which begets power, and with the rich being disconnected from the body politic as the rich, that wealth leads to misery for most.

      The failing of the communist ideology was that it tried to enforce a strict, rigid equality. Of course, that strategy was doomed to failure. There must be a certain extent of inequality in society to motivate those on the lower end to apply themselves and move to the upper end. Absolute equality only teaches that effort and talent are worthless.

      That does not imply, however, that absolute inequality is desirable. The purpose of wealth is to motivate. What motivation, besides greed, is there to earn more than a million dollars per year? How will that sum improve one's quality of life? Is the tiny incremental improvement worth the harm to society that wealth inequality brings?

      Although, in retrospect, a 100% income tax beyond a certain point is unfair, extreme accumulation of wealth costs society a great deal in inefficiency, and so should be paid for with a high premium. Even with a high income tax, there will always be the fabulously wealthy --- but at least they will be paying for the harm that wealth has caused.

      A high income tax does not lead to an increase in government spending; with the rich paying their share, taxes can be lowered or eliminated for the bottom rungs of society, and that, sir, is what will fuel economic growth in the long term.

    14. Re:Just make tax reduction strategies obsolete. by jcr · · Score: 1

      So, the fairtax people are the only people on the planet with no agenda

      Of course they have agendas, but they've recognized that manipulation of the tax system is a lousy way to implement policy.

      and their numbers are prefect.

      The percentages are calculated to result in the same amount of revenue collected as the current tax system.

      Anyone that might want to move a percentage up or down a little obviously has some agenda and wants to hurt others out of spite. With logic like that,

      With logic like that, you sound like a DC lobbyist. Do you always try to put words in someone's mouth and then argue against your own straw man?

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    15. Re:Just make tax reduction strategies obsolete. by jcr · · Score: 1

      What's wrong with using taxes to push an agenda?

      What's wrong with it is that the mechanism of taxation as an instrument of policy is routinely used to benefit special interests at the expense of everyone else. A company's success or failure should be up to their performance in the market for their products, not by their ability to bribe congressmen to get them tax breaks (or even direct corporate welfare payments.)

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    16. Re:Just make tax reduction strategies obsolete. by phantomfive · · Score: 1

      My point was not that equality is bad, I agree that is a good goal. Your methods are what I disagree with. If you limit what people can aquire, the greed will remain, and will express itself in other ways. If you get rid of the greed, then people will take care of the inequality themselves. That is why you must start by teaching people to get rid of the greed within themselves; not just the greed, but also the selfishness, the hate, the envy....all these things cannot be enforced, they must be taught.

      Thanks for commenting, I've enjoyed the conversation.

      --
      Qxe4
    17. Re:Just make tax reduction strategies obsolete. by jcr · · Score: 1

      I want to punish people who are rich that don't do anything but collect dividend checks.

      And how exactly do you propose to define those people? You do realize that the bulk of corporate dividends that are paid today go to institutional investors like pension funds and mutual funds, right? Do you want to just bitch-slap anyone who makes a million bucks in a year, or would you just apply your discrimintation to anyone who's made twice what you make?

      I want to put work above investment.

      Umm... And who's goiing to come up with the investment necessary to create the workplace, when people like you have driven the capital out of the country?

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    18. Re:Just make tax reduction strategies obsolete. by QuoteMstr · · Score: 1

      Agreed, but we shouldn't throw out the idea of tax breaks simply because a few people abuse them. Corrupt will always find a way to manifest itself; if not this way, then some other.

    19. Re:Just make tax reduction strategies obsolete. by AK+Marc · · Score: 1

      The percentages are calculated to result in the same amount of revenue collected as the current tax system.

      So? I can think of many more regressive and more progressive ways of splitting the percentages that also collect the same as the current system. That does not mean that it is "fair."

      With logic like that, you sound like a DC lobbyist. Do you always try to put words in someone's mouth and then argue against your own straw man?

      Someone said that they didn't like the fairtax percentages. You stated that adjusting them meant they had an agenda. That made it quite clear what your position was. I didn't put those words in your mouth, you did. Try not going on a rant about fat people when someone mentions balancing the taxes, and we won't think you are insane.

    20. Re:Just make tax reduction strategies obsolete. by jcr · · Score: 1

      Someone said that they didn't like the fairtax percentages. You stated that adjusting them meant they had an agenda.

      He ALSO said that he wants to punish people who make money on dividends, or weren't you paying attention?

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    21. Re:Just make tax reduction strategies obsolete. by Slashdot+Parent · · Score: 1
      What does it matter if some people in society are very wealthy? As long as everybody in society has his or her basic needs met (food, shelter, health care, etc.), why not encourage entrepreneurial activity by allowing innovators to be rewarded well for their efforts?
      Progressive taxation should increase asymptotically all the way to 100%. [...] A progressive income tax equalizes income while still providing the incentive to work harder that capitalism requires to work.
      How hard would you work if you were taxed on 100% of your salary? Would you even go to work?

      I can tell you that I wouldn't. Maybe that makes me a bad person, but why should I spend time away from my kids if I am not being compensated for it? Heck, I still would have to pay commuting costs out of my own pocket for the privelege of working for zero compensation. Sounds like a raw deal to me.

      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
  21. Exactly, its about "degree of inventive ingenuity" by roguegramma · · Score: 1

    The criterium of a high "degree of inventive ingenuity" is meant to prevent an obvious patent to be passed; however since this criterium cannot be measured (except if you kept the invention secret), the patent examiner has a hard time applying it and it has been replaced by the concept of "first to uspto".

    --
    Hey don't blame me, IANAB
  22. Lawyers refuse to eat own dogfood! by Anonymous Coward · · Score: 3, Insightful
    Software patents, the lawyers wrote, amount to 'government-issued barbed wire' to keep some software authors from competing in the open market.

    I think the USPTO should start rubber stamping patents on legal strategy, what better way to bring the entire house of cards crashing down?

  23. Decadence by Planar · · Score: 1

    This is one of many signs that the patent system is decadent, and will soon collapse under its own weight.

    Or at any rate, I hope it will, because it clearly doesn't fulfill its stated goal any more.

  24. Name a patent that doesn't abide by the law by Anonymous Coward · · Score: 0

    Can't see why the poster is upset that someone has patentet something that is according to the law. A patent on something that is against the law would be pretty pointless wouldn't it? Patents should be inovative, how to fill in a tax form for your own greatest benefit isn't obvious to most people...not like making a website where you can buy stuff by clicking one time on them.

    1. Re:Name a patent that doesn't abide by the law by SillyNickName4me · · Score: 1

      Can't see why the poster is upset that someone has patentet something that is according to the law.

      It being according to the law does not automatically make it 'right'
      Maybe the poster was upset that the law seems to allow for this to begin with..

      A patent on something that is against the law would be pretty pointless wouldn't it? Patents should be inovative, how to fill in a tax form for your own greatest benefit isn't obvious to most people...not like making a website where you can buy stuff by clicking one time on them.

      It not being obvious to many people is completely irrelevant, what matters is if it is obvious to those trained in the field of filling in tax forms.

      At any rate, allowing the patenting of ways to deal with taxes is simply absurd and promotes the kind of inequality that the entirety of the US constitution and bill of rights try to prevent.

  25. This is a pretty common observation. by gedhrel · · Score: 1

    Software shouldn't be patentable for the same reason that legal argument shouldn't be patentable. (Although I would like to see someone patent "a method and system for avoiding culpabiulity for murder by claiming diminished responsibility on the grounds of experiencing a sugar-rush at the time, said rush to have been brought on by the consumption of a sweet comestible" - aka, The Twinkie Defence.)

  26. Dragonzakura Quote by krunk4ever · · Score: 1
    I was watching a JDrama the other day and there's this speech I thought was quite fitting for this discussion.

    *note: Toudai = Tokyo University (basically the #1 university in Japan)

    You'll continue to lose all your life. ...
    I mean "lose" by the fact that you will be cheated.
    If you continue like that, all your life, you will be cheated. ...
    Our society has rules.
    You must follow these rules.
    And all these rules are written by smart people.
    And what does that mean?
    These rules are written by the smartest people and they make use of them.
    Since stupid people aren't able to understand these rules, there will be hidden things.
    These rules will continue to serve the smart people.
    For example, taxes, salaries, insurances, and allocations.
    The smart people will continue to make them incomprehensible,
    and the stupid people will fail to understand their meaning.
    You all think that thinking is bothersome,
    so all your life, you'll be cheated and you'll end up losing a lot! ...
    Smart people will take advantage of this situation,
    and stupid people will lose and be cheated.
    So if you don't want to be cheated, if you don't want to lose, study!
    I'll show you a simple way.
    Go to Toudai! ...
    Do you hate Toudai? ...
    Me too.
    Those who are in admiration in front of the word "Toudai";
    those who think they will succeed, just because they entered Todai;
    those who feel insignificant when they learn the guy who sits in front of them is from Todai;
    That is all meaningless and makes me sick. ...
    Kids like you don't know anything about society.
    And you don't know anything because your parents have hidden it from you.
    You don't know how what greatness you're capable of.
    You have no basis and you have a lot of the wrong ideas.
    If you think that someone else can change your life, you've mistaken.
    That's not how society works.
    If you don't know that and wait to be rejected,
    your reality will only be filled with discontentment and eternal regrets. ...
    If you don't want to know this reality, walk on your own rules.
  27. The IRS and Tax Shelters by AngryNick · · Score: 3, Informative
    I think the article is a bit alarmist. While in theory these planning ideas may be patentable, they are still subject to the tax laws. The article is essentially saying that if I hold a patent for a unique way of creating crystal meth then I can flout the drug laws and sue any meth lab that uses my technique. Something tells me that wouldn't fly.

    Tax shelters, and other creative interpretations of the tax code, are the bane of the IRS's existence. In the late '90s and early '00s, a few accountants went overboard with their tax planning strategies and started selling them as if they were "products", not unlike the what the law firms appear to be doing today. As a result of their marketing of products called BLIPS, FLIP, OPIS, and SOS, KPMG ended up paying the IRS $456 million dollars in penalties. Since 2003, the IRS appears to have focused on cleaning up the accounting industry and the rules around "reportable transactions" (transactions with attributes common to tax shelters) and seems to have the accountants in check. It looks like it's time to turn their attention to the lawyers.

    Just like the "confidential transactions" of the accounting industry, where the taxpayer isn't allowed to disclose the details of a transaction to others (presumably for intellectual property protections for the accountant), a lawyer holding a patent on a tax strategy will only serve to draw attention to the strategy and get the whole thing shut down.

    Boring but informative:
    From the IRS Publication 550 on reportable transations:

    Confidential transaction. A confidential transaction is one that is offered to you under conditions of confidentiality and for which you have paid an advisor a minimum fee. A transaction is offered under conditions of confidentiality if the advisor who is paid the fee places a limit on the disclosure of the tax treatment or tax structure on you and the limit protects the advisor's tax strategies. The transaction is treated as confidential even if the conditions of confidentiality are not legally binding on you.

    See also: Inside the KPMG mess

    1. Re:The IRS and Tax Shelters by SillyNickName4me · · Score: 1

      Tax shelters, and other creative interpretations of the tax code, are the bane of the IRS's existence.

      Not really, they provide a very good argument for increased headcount and budgets for the IRS.

    2. Re:The IRS and Tax Shelters by nottwobrite · · Score: 1

      Accounting methods and transactions for publicly traded corporations are not confidential and would not be difficult to enforce. Allowing an innovative tax attorney protect his or her innovation through a business method patent is simply providing that person the same equal protection that the rest us enjoy. My mother for example did a deal for the staples center where she could increase the loan to value ratio by borrowing against the future advertising value so the "Staples Center" people could get a better interest rate. Excellent innovation that didn't land her one more deal because after it was published, everybody else started doing the same thing. She learned her lesson, now has a patent on a structure that allows airlines to borrow against their airline terminal licensing agreements, an asset in an industry where airlines own nothing and lease everything. The structure is approved by the rating agencys who say this will bring current airline bonds from "C" credit to "A" credit and save the airline industry apx. 200 basis points on 10 Billion dollars of U.S. airline debt, which, in some cases, keep airlines from going into default. Fact is that this structure has been applicable to the industry for 30 years yet nobody else did it, would you agree that in this case that business method patents should be applied to legal structures? I personally don't see how the same shouldn't apply to tax attorneys.

  28. Tax loophole aren't fair by Programmer_Errant · · Score: 1

    nor are they designed to be. Someone usually spends a lot of money lobbying to get a tax loophole put in for their benefit. For someone else to just take advantage of those loopholes without any investment on their part probably strikes the original lobbying parties as unfair which is irony for you considering tax loopholes are unfair by definition. Not all loopholes can be taken advantage of. So patents make perfect sense as a mechanism for protecting one's lobbying investment. It is funny that lawyers who think patents are perfectly ok as long as as they affect other people, change their minds when the patents affect them.

  29. This just points out that... by Name+Anonymous · · Score: 1

    This just points out that the income tax laws in this country are overly complicated and need to be cleaned up. Right now the income tax laws are just a job program for tax lawyers and accountants and the IRS. Unfortunately the only way to fix it is to totally replace the tax laws and not just amend them.

  30. Not such a big problem... by Guppy06 · · Score: 1

    "Particularly worrying is the idea of needing a license to follow the law."

    Ah, but how can you follow the law if you can't afford to pay the law's copyright holders for the right to read it?

    1. Re:Not such a big problem... by SeaFox · · Score: 1
      Ah, but how can you follow the law if you can't afford to pay the law's copyright holders [slashdot.org] for the right to read it?

      Agent Smith? Is that you?
  31. Unfortunately for all of them.... by FellowConspirator · · Score: 1, Redundant

    I have already patented a business method for abusing the patent system in this fashion. It's time to pay up, boys!

  32. Patent =! Legal by Faeton · · Score: 2, Informative
    Just because a technique is patented doesn't mean it's legal. Technically, one could patent a new way to scam old ladies, but that wouldn't be benefitial because you could never recover any licensing fees (unless I guess you're dying to have a patent).

    Fortune Magazine has 2 good writeups about this. They say "For tax-shelter touts, the patents are a potentially deceptive marketing tool: Just because a process is "patented" doesn't mean it's legal. "A patent carries with it no assurance whatsoever that the process will pass IRS muster," IRS commissioner Mark Everson told a congressional hearing in July. Giving patent protection to even legit tax strategies alarms many experts. "If you can patent an interpretation of the tax law, why not patent anyone's legal advice?" asks Carol Harrington, a lawyer with the firm McDermott Will & Emery in Chicago."

    and

    "'A patent carries with it no assurance whatsoever that the patented process, transaction or structure will pass IRS muster,' IRS Commissioner Mark Everson told a Congressional hearing in July. 'We are concerned, however, that taxpayers may be confused about this.'"

    You can find the links to the articles here and here.

  33. Someone missed the boat... by spiritraveller · · Score: 1

    The sequence should have gone like this...

    1. Patent ingenious tax strategy
    2. Sell licenses for ingenious tax strategy
    3. Patent genius idea of patenting tax strategies
    4. Sell licenses to others so that they can patent their own ingenious tax strategies
    5. PROFIT ON YOUR OWN AND OTHERS' INGENIOUS TAX STRATEGIES!!!

  34. shall not abridge the privileges by nurb432 · · Score: 1

    That is done every day..

    Watch the constant attack on the 1st and 2nd amendments by the states ( and feds )

    --
    ---- Booth was a patriot ----
    1. Re:shall not abridge the privileges by hamburger+lady · · Score: 1

      the state can ignore the 2nd amendment all it wants. that amendment only applies to the feds.

      now the first, that's different.

      --

      ---
      Is this the MPAA? Is this the RIAA? Is this the DMCA? I thought it was the USA!
    2. Re:shall not abridge the privileges by WilliamSChips · · Score: 1

      The 2nd doesn't apply to the states yet. You want it to apply? Go to court, get a case up to the Supreme Court.

      --
      Please, for the good of Humanity, vote Obama.
    3. Re:shall not abridge the privileges by nurb432 · · Score: 1

      The states are breaking the law.

      Unfortunately, currently in this country getting justice requires you to pay for it. The people that are fighting to restrict my god given rights have somewhat larger pocketbooks.

      --
      ---- Booth was a patriot ----
    4. Re:shall not abridge the privileges by espo812 · · Score: 1
      The 2nd doesn't apply to the states yet.
      By this logic the First Amendment does not apply to the states yet either (after all, it only mentions Congress, not states.) However, this logic is flawed. The Fourteenth Amendment clearly states, "[...] No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States...." This means that privileges, such as the First and Second and all other amendments, apply to the states (note this was ratified in 1866, so this is not a new concept.)
      You want it to apply?
      Absolutely.
      Go to court, get a case up to the Supreme Court.
      That has already been done (almost sixty years ago.) "In 1947, however, in Adamson v. California (332 U.S. 46 [1947]), the Supreme Court began to accept the argument that the 14th Amendment requires the states to follow the protections of the Bill of Rights."
      --

      espo
    5. Re:shall not abridge the privileges by espo812 · · Score: 1
      the state can ignore the 2nd amendment all it wants.
      Not true.
      that amendment only applies to the feds.
      The First Amendment, and all of the Bill of Rights, only applied to the federal government until the Fourteenth Amendment was passed in 1866. This amendment states, in part, "[...] No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States...." This is what applied the First, Second, and the rest of the Bill of Rights to the states.
      now the first, that's different.
      The Fourteenth Amendment didn't specify the First or exclude the Second, it applies to the entire Bill of Rights.
      --

      espo
    6. Re:shall not abridge the privileges by WilliamSChips · · Score: 1
      By this logic the First Amendment does not apply to the states yet either
      No, because a court case has decided that the First Amendment applies to the states by the Fourteenth. They technically have to say the same about the Second before it applies.
      --
      Please, for the good of Humanity, vote Obama.
    7. Re:shall not abridge the privileges by hamburger+lady · · Score: 1

      The Fourteenth Amendment didn't specify the First or exclude the Second, it applies to the entire Bill of Rights.


      no it doesn't. the 14th amendment doesn't automatically apply to all the previous amendments. the SCOTUS has to decide to roll individual portions of the bill of rights under the coverage of the 14th.

      take the 3rd amendment for example. it has never been 'rolled into' the 14th, because there's no conceivable reason why it would be.

      the first, 4th, 6th, parts of the 5th (save the grand jury clause) have been rolled into the 14th, but the 2nd has not.

      --

      ---
      Is this the MPAA? Is this the RIAA? Is this the DMCA? I thought it was the USA!
  35. Re:Exactly, its about "degree of inventive ingenui by Walt+Dismal · · Score: 1

    I plan to invent creative and ingenious ways to pimp, and once I get a patent on hookers, I know I'll be rolling in dough. Yeah, scoff if you will. I'll have the last laugh, and the bling-bling. Now y'all come here Cindy and Lashawna, I'm feeling tense. You know what Daddy needs. Bring the penguin-fur gloves.

  36. MODERATION ABUSE YET AGAIN!!! by Anonymous Coward · · Score: 1, Informative

    I made a completely accurate comment that gets modded down to -1 Troll, but the parent which made a completely false and defamatory comment about Bush is modded +5.

    It's simply moderation abuse here. I challenge anybody to provide any credible evidence that Bush made the comment the parent posted. If you can't, please mod him Troll because that is the very definition of trolling. It's wrong that false statements are so easily modded up here.

    1. Re:MODERATION ABUSE YET AGAIN!!! by Anonymous Coward · · Score: 3, Insightful
      I challenge anybody to provide any credible evidence that Bush made the comment the parent posted. If you can't, please mod him Troll because that is the very definition of trolling.
      Was Jesus trolling when he said "actions ... speak louder than words"? You do realize that was the point of the statement, for those who believe Bush never said such a statement about the Constiution being just paper, right? Bush has shown he only treats the Constitution as a piece of paper. What sort of believer are you who would only listen to his words?
    2. Re:MODERATION ABUSE YET AGAIN!!! by jesuscyborg · · Score: 1
      ... but the parent ... please mod him Troll ...
      Let's not forget that projection is a troll's psychological defense mechanism of choice. And in my informed and educated opinion, you need a lot of this one to continue to support the course of action our president has taken with the "war on terror"
  37. Re:TOTALLY FALSE!!!! SLASHDOT LIES AGAIN by Memnos · · Score: 4, Insightful
    And with your polemics (which I am tired of hearing from either end of the spectrum) you are offering something more? Either make your attempt at satirical wit (not easy) or offer something yourself. Some suggestions:

    Balance the f'ing budget

    Try to be deft enough at foreign policy that you do not get most of the rest of the world pissed off at you.

    When striking at your enemy, prefer a swift lance in the right place versus an avalanche in the general area.

    Read Sun Tzu.

    Remember that the "goddamn piece of paper" written about 230 years ago helped make us the most respected country in the world at one time, and was specifically intended to protect us from the worst of leaders, not those that we trust.

    Constrict the ability of lobbies to buy our government policies, criticize your elected officials with reasoned arguments, accept the inevitable fact that your views are not absolutely "right", don't use all caps in your Slashdot subject line, limit your government to doing the things that only government can do well, think for yourself (at length).

    Question why you believe what you believe, as if it was a scientific question -- which of course it never will be.

    Put your neocortex in control of your verbal/written output, as opposed to your limbic system.

    Failing all of the above, stew in your own juices and try to avoid ad hominem attacks. If you find a perfect way of doing this, let me know or patent it.

    BTW, if I had to label myself it would be as a centrist-conservative, but any label now carries so much stupid baggage that I try to avoid any one of them. "More power to the Party of Thinking People" -- Oh Shit, there isn't one.

    --
    I don't trust atoms -- they make up stuff.
  38. And you thought the Terminator was scary... by TheVelvetFlamebait · · Score: 0

    We, the human race, are disposed towards creating abominations of ourselves. Abominations that mimic our values enough to complete a purpose, but lack safeguards that we humans rely upon (such as pain, emotion, flexibility, etc). In the Terminator, it's robots. In real life, it's corporations, bureaucracies, and a rigid legal system. They are heartless, they feel no pain, and they have very few weaknesses. But, most frightening of all, they can adapt terrifyingly quickly.

    This the reasons why democracy doesn't work for the people. It's not that we don't get what we want, it's that our society is based around powers that have the capacity to dictate what we want.

    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  39. Actually, my patent plan is ingenious by benhocking · · Score: 1

    I think I should patent the process of suing someone who patents an idea that has prior art.

    --
    Ben Hocking
    Need a professional organizer?
  40. It doesn't... by Naruki · · Score: 1

    if it was never ratified legally.

    But that never stopped a taxman yet.

    1. Re:It doesn't... by Amazing+Quantum+Man · · Score: 2, Interesting

      Nice try. Here's the Straight Dope article on it.

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  41. Exactly by benhocking · · Score: 1

    If the Democrats somehow manage to take control of the presidency and both houses of Congress, they'll take advantage of the shady techniques pioneered by the Republicans, possibly even extending them. Historically, our country always does best when the party in the White House is a different party than the one controlling Congress.

    I was going to continue my rant, but it got too depressing. Anyways, make sure you vote in November - regardless of who you support.

    --
    Ben Hocking
    Need a professional organizer?
  42. If God gave you those rights... by Naruki · · Score: 0, Troll

    then why isn't He enforcing them?

    If he can't, then they aren't rights.

    1. Re:If God gave you those rights... by nurb432 · · Score: 1

      That doesnt even deserve a response.

      --
      ---- Booth was a patriot ----
  43. Notes From the Field by wol · · Score: 5, Informative

    Disclaimer - I am a tax lawyer

    We've been discussing this internally for a few months now. Looking at the patent applications involving tax, we saw three categories of items:

    (1) claims on how to implement data tracking systems in order to pay taxes (think programs for calculating sales taxes depending on where the product is shipped).
    (2) claims on automating how to think through the tax consequences of a business deal (wow, if you do it with a database rather than pencil and paper, that should be patentable, right?) Side note: The hard part is not the algorithm, the hard part is getting the data and keeping it up to date.
    (3) claims on a certain sequence of transactions that are claimed to be non-obvious and achieve lower taxes than a different sequences of transactions.

    These have all the same problems that the software industry is dealing with: Some of this stuff has been done for decades, but is not "obvious" to a patent examiner.

    A lot of these seem to be filed for patent troll purposes - if the patent office grants the application, then the patent holder will show up at the big accounting firms and demand a payoff.

    There are a couple of interesting additional twists when this stuff starts getting applied to things like tax law. The first relates to type 1 claims (e.g. data tracking implementations). Here is where we argue that the patent system should not be allowed to put roadblocks on people's attempts to follow the law (and we are not even talking about gaming the system, just trying to be legal).

    The second tax law specific twist relates to telling the government about your new tax planning idea. A competent government would look at the idea, decide if it should be allowed, and if it doesn't like the idea, change the tax law even before the patent is granted. [Yes, you can argue whether the US has competent government, but hey, we can talk hypothetically.]

    I generally agree that the patent system is broken, we've just found additional ways to demonstrate that fact.

    --
    If you think deeply enough, you will have no single direction for your outrage.
    1. Re:Notes From the Field by Anonymous Coward · · Score: 0

      The second tax law specific twist relates to telling the government about your new tax planning idea. A competent government would look at the idea, decide if it should be allowed, and if it doesn't like the idea, change the tax law even before the patent is granted.

      Why not patent a tax planning idea that relies on a law not yet passed and then donate tons of money to the politicians responsible for writing the upcoming tax law bill? Seems a good way to avoid competition at the patent office.

      Come to think of it, how do you even prove a tax planning idea "works" for the purposes of patentability?

    2. Re:Notes From the Field by MedBob · · Score: 0

      I find it distressing that we are just now seeing the realization that monopoly of an idea is a bad thing.
      If I write code that uses a "ladder" technique to access an array, I need to worry about if that technique is patented. Apparently, nobody (in business at least) cares one iota.
      What? Wait a minute! I can't use a ponzi scheme to reduce my taxes? This affects me now!

      How typical. There are a lot of folks out there who can't see beyond the end of their noses!!

  44. Hm. No patents on tax breaks by confundido · · Score: 1

    This is a good thing :-)

    --
    Wenn Fliegen hinter Fliegen fliegen, fliegen Fliegen Fliegen nach.
  45. Not this shit again. by TubeSteak · · Score: 3, Insightful

    No, you're 100% incorrect.

    I honestly don't know why that meme is still floating around the interwebs. The guy at capitolhillblue was the only person to push this story and he did it with anonymous sources.

    If you read here it has the followup article CHB wrote 3 days later, titled "Where there's smoke, there's ire" which CHB pulled from his own site

    "This article has been removed from our database because the source could not be verified."

    It surprises me that he repeats the same claim just a week ago

    Not to mention that he first claims he heard it from 3 sources, then later changed it to two sources. The man reported shiat either he or someone else made up.

    I honestly don't care about getting modded up, but please mod down the AC.

    --
    [Fuck Beta]
    o0t!
  46. Let's start a fund by chazzzzy · · Score: 1

    I say we start a fund and finance this patent on lobbying efforts! Except that prior art might kill the whole thing... arrgh..

  47. How to fix the tax system... by krewemaynard · · Score: 1
    --
    I saw it on Slashdot, it must be true!
  48. Official List of Tax Patents by ubuwalker31 · · Score: 2, Informative

    Check out http://www.uspto.gov/patft/class705_sub36t.html

    Alot of these seem to be computerized systems to generate tax advantages for businesses or computer programs to determine a tax benifit. I wonder if anyone can find any 'outrageous' examples in here?

  49. Let it happen by Anonymous Coward · · Score: 1, Interesting

    Obviously patent law is broken. The Federal Circuit doesn't believe so, but they really are not the brightest bulbs on the tree. So let it happen. Let companies continue to duke it out over ridiculous patents, and, in fact, try and get blocking patents on everything you can until the stench of bad law reaches so high up, the Supreme Court finally recognizes that the FC are a bunch of wanks who need to be shut down, redefines obvious to be obvious, and fixes patent law.

    I say let them drown!

  50. Why not equal protection under laws of nature? by IronClad · · Score: 1

    I wonder if a court would allow "laws" to be expansive enough to mean the physical laws of nature. That is, if (part of) a patent's claim is simply an optimization dictated by, say, mathematics or physics, why should any party be given the power to exclude others from using those principles?

    When we treat a discovery or a process as an invention, we run into such problems.

    I think this instance of abuse could be used a to get the legal industry thinking more critically about patents, and how an invention differs from a discovery or a process. Can they be helped to recognize the similarities between this tax patent and thousands of expansive scientific patents which are considered legitimate but are actually a restatement of a discovered principle or dictated entirely by external physical laws?

  51. Dear Americans, by Anonymous Coward · · Score: 0

    you are screwed, get out while you still can.

  52. What does logic have to do with lawyers? by Anonymous Coward · · Score: 1, Funny

    It's what you get when you annihilate them ;)

  53. These are serious times. by Stealth+Potato · · Score: 4, Funny

    Sticks and rocks will no longer protect you. You're going to need to get some kind of gun that fires dogs.

    1. Re:These are serious times. by GrumblyStuff · · Score: 2, Funny

      I'm half way there. When they bark, they shoot bees.

  54. patent enforcement by casehardened · · Score: 1

    How exactly would these patents be enforced? If I get a patent on, say, an audio amplifier, I can purchase competitors amplifiers, disassemble them, and see if they're using my patented design. Tax returns are private. How will the patent holders be able to prove infringement?

  55. Re:TOTALLY FALSE!!!! SLASHDOT LIES AGAIN by davidsyes · · Score: 1

    "...but any label now carries so much stupid baggage that I try to avoid any one of them."

    I feel exactly the same way.

    "Constrict the ability of lobbies to buy our government policies, criticize your elected officials with reasoned arguments,"...

    But, then the corporations, shield/crest/dagger/sword-carrying old-boy network of family and old money would lose their grip around our necks

    "Balance the f'ing budget"

    IF the budget ever is and remains balanced, all sorts of public services might go away, or worse, officials might micromanage the poor to death to their ultimate "soylent green-like" extermination (I'm reaching a bit on that one...)

    "Try to be deft enough at foreign policy that you do not get most of the rest of the world pissed off at you."

    But then the US military, like many, and like football teams, are not content to train; they have the primal urge to kick ass, break some bones, and make up their own missions or prohibit instant replay, so to speak. Actually, worse, the governments are like team owners, rigging whom they'll line up with, and which they crush then the troops/players get restless. Except, football tends to be played by seasons, and militaries as governmental swords tend to act at the whims of the governments, I think.

    Worse, those with imperialistic, manifest-destinist agenda do not really give a damn about pissing off people. Look how bush and company (including blair and cohorts) perpetually pretend as if terrorists have no legitimate grievances. Hell, when you invade lands (let's just look at the Middle East of the 1910's thru 1950's), divvy them up as spoils of war, prop up brutal regimes, give them promisies of massive oil-buying customer bases, and then kill off any sects or secular threats and expect their parentless kids to not complain, then there sure will be problems. By comparison, suppose the bad guys in US cities began wiretapping, exposing, and causing indictments of thousands of police chiefs, tens of thousands of bad and otherwise "good" cops, and undermining "relative order", then the police would feel oppressed and demand exemption from exposure. Not a good analogy, but...

    "When striking at your enemy, prefer a swift lance in the right place versus an avalanche in the general area."

    But, the lockheeds, boeings, and such would have less shot up or shot down hardware to replace via tax payers' money; ammo makers would have less bombs and rockets and bullets to assemble, meaning layoffs, and a general "demasculinization" of the US ass-kicking regime. Just look at how (militarily) the US plays China off against Taiwan, Korea and Japan. An Asian superpower in the form of a non-warring, non-first-strike China does NOT fit in the privileged/anglo mentality of the US and its western allies. Of course, South Korea, Japan and Taiwan (and, throw in Israel) love the billions of dollars and high-tech gizmos and the R&D access, so they are not comfy seeking to hang up their armor and gauntlets when there remains a sense of right to wage war, plan for it, research and practice and seek it out. The money and power behind war-planning and war-making are just too tempting, despite being "god-fearing". (Just a note: South Korea is not yet yielding to rice in her attempts to push SK to apply full sanctions against the North. In a nutshell, NK/SK are a huge split, dysfunctional family, and they BOTH resent the US meddling in an internal affair, but the US leadership won't fucking learn that they are playing with fire but as yet haven't been burned. But, the implication and much evidence points to the South paying off the North to NOT start a war. SK wants to be a major economic powerhouse, and if the North lobbed 500,000 shells an hour for 3 or 4 hours into the South, the whole region would be ruined, and SK would never realize the dream of surpassing Japan, which Japan doesn't want, which means the US is in cat-mating-dance like trance, injecting western/anglo interests into a wholly Asian quagmire that can work itself o

    --
    Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
  56. if that passed, I'd open car dealerships in TJ... by YesIAmAScript · · Score: 2, Interesting

    In TJ, Mexicali, Windsor, Vancouver, Niagra Falls.

    This fair tax is only fair if you think rich people would give up and not try to find ways around it.

    There wouldn't be a single car sold in Detroit, Port Huron, Seattle, Buffalo, San Diego (probably LA), or any city near Canada or Mexico.

    And that'd just be the start. Rich people would find ways to lease stuff so they never actually buy stuff (it IS a sales tax).

    We have an income tax, which made rich people find ways to never realize income, thus we had to modify our tax code to fix that.

    There's no reason to think the rich wouldn't find a way to avoid a sales tax just like they avoid income tax.

    --
    http://lkml.org/lkml/2005/8/20/95
  57. Never forget by Anonymous Coward · · Score: 0

    Let's forget for a moment how ridiculous a patent on business methods are in the first place.

    Why? We should never forget the root of the problem.

  58. Use some grey ones... by Anonymous Coward · · Score: 0

    What is the benefit to society at large to patent tax-holes?

    Patents were made for a purpose, to be a benefit to society at large, not put up arbitrary monopolies and limitations on everybody to enrich the few.

  59. We could fix it if we wanted to just look at AZ by wesborgmandvm · · Score: 1
    We just need clean elections, it has worked in Maine and Arizona. It works like this: candidates for public office receive a flat sum of money from the government to finance their campaign. In return, the candidates agree to not accept special intrest money or other private funds. Watch the video NOW. Video Clip. Votes for Sale? | PBS

    MP3


    Related Links:

    Americans for Campaign Reform
    A group in support of public-funding for all federal elections

    Public Campaign: A group supporting 'clean elections'
    Clean Elections in your State

    Arizona-Specific

    Arizona - Citizens Clean Elections Commission
    List of 2006 Candidates

    Clean Elections Institute

    Goldwater Institute
    "Campaign Promises: A six-year review of Arizona's experiment with taxpayer-financed campaigns"

    California-Specific

    Californians for Clean Elections - Yes on 89
    This group supports so-called clean elections. They believe "prop 89 is the antidote to negative ads paid for by rich special interests." It limits the amount corporations can spend on initiatives. It limits the amount everybody can give to candidates.

    Californians to Stop 89
    This group is against the clean elections movement and believe that the initiative "works to shut certain groups like small businesses, non-profits and some unions, out of the political process" therby creating an "unlevel playing field."

    Maine-Specific

    Maine Citizens for Clean Elections

    Maine Commission of Government Actions and Election Practices
    List of 2006 Candidates


  60. What Jesus Christ said about Greed (& Forgiven by the_REAL_sam · · Score: 1

    This is some of what Jesus had to say about greed, greedy ways and treating others the right way:

    Matthew 7:2
    For with what judgment ye judge, ye shall be judged: and with what measure ye mete, it shall be measured to you again.

    Luke 6:38
    Give, and it shall be given unto you; good measure, pressed down, and shaken together, and running over, shall men give into your bosom. For with the same measure that ye mete withal it shall be measured to you again.

    1 Timothy 6:10
    For the love of money is the root of all evil: which while some coveted after, they have erred from the faith, and pierced themselves through with many sorrows.

    Matthew 19:21
    21Jesus said unto him, If thou wilt be perfect, go and sell that thou hast, and give to the poor, and thou shalt have treasure in heaven: and come and follow me.

    Matthew 19:23
      23Then said Jesus unto his disciples, Verily I say unto you, That a rich man shall hardly enter into the kingdom of heaven. 24And again I say unto you, It is easier for a camel to go through the eye of a needle, than for a rich man to enter into the kingdom of God.

    Here's what Jesus said about lawsuits, and resisting evil: (Matthew 5:40) And if any man will sue thee at the law, and take away thy coat, let him have thy cloak also. (Luke 6:29) And unto him that smiteth thee on the one cheek offer also the other; and him that taketh away thy cloak forbid not to take thy coat also. 30Give to every man that asketh of thee; and of him that taketh away thy goods ask them not again.

    Now let's say, hypothetically, that they DID allow the crooked tax scheme patents: BOTH the taxees, and the patent holders: are required to forgive, and to stop being abusive.

    Matthew 18
    21Then came Peter to him, and said, Lord, how oft shall my brother sin against me, and I forgive him? till seven times?

    22Jesus saith unto him, I say not unto thee, Until seven times: but, Until seventy times seven.

    23Therefore is the kingdom of heaven likened unto a certain king, which would take account of his servants. 24And when he had begun to reckon, one was brought unto him, which owed him ten thousand talents. 25But forasmuch as he had not to pay, his lord commanded him to be sold, and his wife, and children, and all that he had, and payment to be made.

    26The servant therefore fell down, and worshipped him, saying, Lord, have patience with me, and I will pay thee all. 27Then the lord of that servant was moved with compassion, and loosed him, and forgave him the debt.

    28But the same servant went out, and found one of his fellowservants, which owed him an hundred pence: and he laid hands on him, and took him by the throat, saying, Pay me that thou owest.

    29And his fellowservant fell down at his feet, and besought him, saying, Have patience with me, and I will pay thee all. 30And he would not: but went and cast him into prison, till he should pay the debt.

    31So when his fellowservants saw what was done, they were very sorry, and came and told unto their lord all that was done.

    32Then his lord, after that he had called him, said unto him, O thou wicked servant, I forgave thee all that debt, because thou desiredst me: 33Shouldest not thou also have had compassion on thy fellowservant, even as I had pity on thee? 34And his lord was wroth, and delivered him to the tormentors, till he should pay all that was due unto him.

    35So likewise shall my heavenly Father do also unto you, if ye from your hearts forgive not every one his brother their trespasses.

    --
    "Forgive us our trespasses, as we forgive those who trespass against us." -Jesus Christ The Lord's Prayer
  61. Tax Accounting by Oshkoshjohn · · Score: 1

    I can wrap my brain around the idea that "generally accepted accounting principles" is cynical and contrived as a methodology; but having said that, how can criminal application of bits and snippets of U.S. Tax Code to create criminal tax fraud be sanctioned by patent? What am I missing?

    --
    Goddamned kids! Get off my lawn!
  62. Breathing technique patents. by Anonymous Coward · · Score: 0

    Wait until I file my breathing technique patents. Just wait.

  63. Re:TOTALLY FALSE!!!! SLASHDOT LIES AGAIN by iwein · · Score: 1

    jeezzz, taking the flamebait... again.. ;)

    but seriously, we're talking about patents here right? the value of the US constitution might be related, but I think you're overdoing it on the patriotism here.

    --
    Show a man some news, distract him for an hour. Show a man some mod points, distract him for the rest of his life.