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Supreme Court Rules On Corporate Privacy

heptapod writes "The Supreme Court unanimously decided (PDF) Monday that AT&T can't keep embarrassing corporate information that it submits to the government out of public view; 'personal privacy' rights do not apply to corporations. 'We trust that AT&T will not take it personally,' concluded the ruling."

408 comments

  1. good start, long way to go by v1 · · Score: 5, Informative

    we still have quite a few other personal rights that have been given to corporations that shouldn't have

    --
    I work for the Department of Redundancy Department.
    1. Re:good start, long way to go by Anonymous Coward · · Score: 1

      we still have quite a few other personal rights that have been given to corporations that shouldn't have

      We also have quite a few personal "rights" that have been given to people that shouldn't have been given (via court decisions).

  2. I must be dreaming. by Squiddie · · Score: 1

    Finally, some common sense. Now if only they would have done the same in previous cases.

    1. Re:I must be dreaming. by Attila+Dimedici · · Score: 0

      I will be perfectly honest, I see this ruling as being exactly the same sort of ruling as the Citzens United vs FEC ruling. In both cases the Court looked at the intent of those who wrote the law in question and applied the law as the framers of the relevant statute would have. In this case that law was the Freedom of Information Act. In the Citzens United vs FEC the law in question was the First Amendment to the Constitution.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    2. Re:I must be dreaming. by Hatta · · Score: 3, Interesting

      Don't worry. The Supreme Court will be back to their old tricks again in Al Kidd v Ashcroft. They may throw us a bone once in a while, but don't think for a second that they are on our side.

      --
      Give me Classic Slashdot or give me death!
  3. "personal privacy" rights dont apply by commodore6502 · · Score: 4, Interesting

    About frakking time. Corporations should have no more access to human rights than a tree or rock or building. If an entity can not vote, then it should not have rights.

    Privileges like trademarks and advertising? Sure. But such privileges should be strictly regulated and limited (unlike individual speech rights which should be unlimited).

    --
    Information wants to be expensive AND wants to be free. So you have Value vs. Cheap distribution fighting each other.
    1. Re:"personal privacy" rights dont apply by The+MAZZTer · · Score: 2

      If an entity can not vote

      Shhh don't give them ideas!

    2. Re:"personal privacy" rights dont apply by Anonymous Coward · · Score: 0

      About frakking time. Corporations should have no more access to human rights than a tree or rock or building. If an entity can not vote, then it should not have rights.

      lolwut?
      Children under the age of 18 can't vote, nor can convicted felons in many states... care to rethink that statement?

    3. Re:"personal privacy" rights dont apply by Anonymous Coward · · Score: 0

      If an entity can not vote, then it should not have rights.

      I'd hate to be a tourist in your glorious republic. Or a minor.

    4. Re:"personal privacy" rights dont apply by Anonymous Coward · · Score: 0

      If an entity can not vote, then it should not have rights.

      So no rights for animals or minors then? How about people in vegetative states? Why not just refine that statement to 'If you are not a human being, then you are not given rights, though you may have legal priveleges.'

    5. Re:"personal privacy" rights dont apply by Trepidity · · Score: 3, Informative

      This is about interpreting the FOIA, not Constitutional rights, so the "rights" involved are whatever Congress wanted to specify in the law, which could have included things relating to corporations if Congress chose to.

      Congress wrote in the FOIA that people can generally request government records, and the government must respond to such requests, except in a list of specific exceptions where the agency is allowed to withhold them. If Congress had wanted to, they could have included "the request would reveal sensitive information about a corporation" in the list. This case just holds that Congress did not in fact include such an exception, implicitly or otherwise.

    6. Re:"personal privacy" rights dont apply by heptapod · · Score: 1

      Children under the age of 18 can't vote

      They can vote when they reach the age of sufferage.

      nor can convicted felons in many states

      They used to have the capacity to vote before becoming a felon.

    7. Re:"personal privacy" rights dont apply by Anonymous Coward · · Score: 1

      If an entity can not vote

      Shhh don't give them ideas!

      Didn't you hear? Lobbying is the new voting.

    8. Re:"personal privacy" rights dont apply by lennier1 · · Score: 1

      At least buying a politician is more likely to achieve a change than voting for him.

    9. Re:"personal privacy" rights dont apply by Anonymous Coward · · Score: 0

      Children under the age of 18 can't vote

      They can vote when they reach the age of sufferage.

      Oh, so they can only get rights once they reach the age of suffrage?

      nor can convicted felons in many states

      They used to have the capacity to vote before becoming a felon.

      Oh, so they can't have any rights then, either?

    10. Re:"personal privacy" rights dont apply by zill · · Score: 3, Funny

      If an entity can not vote, then it should not have rights.

      Of course corporations can vote. They just use the special ballot that lists Benjamin Franklin as a candidate every election.

    11. Re:"personal privacy" rights dont apply by theBully · · Score: 1

      I think the biggest issue is not whether they have rights or they don't. This is dust in the eye.

      The biggest issue is that corporations are not accountable for their actions. Nor corporation executives. Take Monsanto. Huge screw-ups with insignificant consequences.

      I thing this decision along with others like it is just dust in the public eye.

    12. Re:"personal privacy" rights dont apply by hedwards · · Score: 1

      Part of the price you pay when committing a serious legal violation is forfeiting some of your rights, otherwise we couldn't have jails or prison terms at all. There are some unfortunate cases where somebody is incarcerated despite being innocent, but by and large losing some rights is necessary for the functioning of the state.

    13. Re:"personal privacy" rights dont apply by khallow · · Score: 1, Insightful

      Corporations should have no more access to human rights than a tree or rock or building.

      Unlike trees or rocks or buildings, corporations are made up of people. And those people have rights. Hence, there are things you cannot do to corporations without violating the rights of the people who comprise that corporation. Corporate personhood is merely a legal invention for enabling efficiently those rights that already exist.

    14. Re:"personal privacy" rights dont apply by Anonymous Coward · · Score: 0

      Hey... let them have the same rights... If they will have the same obligations... like jail-time (freezing all assets for X years)... not loosing all their debts just because they go bankrupt... let the owners/CEO be held responsible for debts or crimes..

      Should not matter if it's on the stock-market or privately owned... the debt should be shared equally among the owners.

    15. Re:"personal privacy" rights dont apply by Stormy+Dragon · · Score: 5, Insightful

      If an entity can not vote, then it should not have rights.

      So non-citizens residing the US have no rights? Or children?

      Also, have you considered the full implications of that stance? Could the US, for example, censor Busboy Productions, Inc. on the grounds it has no first ammendment rights? Could they sieze Twitter's computer servers without a warrant on the grounds it has no fourth ammendment rights? Can they tap your wokplace phone without a warrant because your employer has no expectation of privacy?

    16. Re:"personal privacy" rights dont apply by Geoffrey.landis · · Score: 2

      About frakking time. Corporations should have no more access to human rights than a tree or rock or building. If an entity can not vote, then it should not have rights.

      More importantly, if a corporation can't be put in jail for wrongdoing, it shouldn't have rights.

      --
      http://www.geoffreylandis.com
    17. Re:"personal privacy" rights dont apply by zill · · Score: 2

      Too bad private citizens don't have the financial resources to lobby the government.









      Wait, I have an idea! We should form a corporation, invite every citizen to join, and then pool our money together in it for lobbying. This way we can out-lobby the big corporations and finally return control to the people.

      I propose we call this new corporation "Federal government of the United States".

    18. Re:"personal privacy" rights dont apply by Anonymous Coward · · Score: 0

      Animals: No.

      Minors: Yes.

      Vegetative Humans: No.

      I don't think it should be based on voting, but self-awareness.

    19. Re:"personal privacy" rights dont apply by geminidomino · · Score: 2

      And how, exactly, does permanent (12 states) or temporary (36 + DC states) disenfranchisement assist the "functioning" of the state, assuming some value of "function" that is more meaningful than "letting the scumbags in charge stay in charge?"

      Answered will be checked for spelling and logical coherence.

    20. Re:"personal privacy" rights dont apply by powerlord · · Score: 1

      If Congress had wanted to, they could have included "the request would reveal sensitive information about a corporation" in the list. This case just holds that Congress did not in fact include such an exception, implicitly or otherwise.

      Don't worry. I'm sure a new revision of the FOIA is being hammered out by the Corp lobbyists for the Congress Critters to pass in the next session.

      --
      This space for rent. All reasonable inquiries will be entertained at proprietors discretion.
    21. Re:"personal privacy" rights dont apply by commodore6502 · · Score: 0

      >>>Answered will be checked for spelling

      This looks like a great signature. "Answered will be checked for spelling and logical coherence." - geminidomino

      --
      Information wants to be expensive AND wants to be free. So you have Value vs. Cheap distribution fighting each other.
    22. Re:"personal privacy" rights dont apply by Fieryphoenix · · Score: 1

      Amen. I don't even think corporations should have free speech rights. All the shareholders and employees already possess that right themselves. I think it is perfectly reasonable to create regulations if needed on corporate speech, especially political donations by the corporations as opposed to the individual shareholders. If a corporation thinks it needs to spend money lobbying, it can distribute the allocated money to shareholders with a request that they donate it to whatever politician will wax their log.

    23. Re:"personal privacy" rights dont apply by Anonymous Coward · · Score: 0

      I'm pretty sure Citizens United v. FEC was an end-around the inability to vote seeing how more often than not, the candidate who spends the most wins.

    24. Re:"personal privacy" rights dont apply by Anonymous Coward · · Score: 0

      If an entity can not vote, then it should not have rights.

      I would be a bit more pragmatic: If an entity can not serve a prison sentence, then it should not have rights.

    25. Re:"personal privacy" rights dont apply by 0111+1110 · · Score: 1

      Nice try but "free speech" is about limiting what the government can do. It is not about what individuals are allowed to do. That may seem like a distinction without a difference, but it is not. The founders were worried about limiting government power. Technically the first amendment is not really even necessary. The whole point of the constitution was to discuss what the government was not allowed to do. Not what citizens were allowed to do. Even if corporations-as-individuals were abolished tomorrow, you would still have the self-same group of people working together toward a common goal of selling a product/service for a profit. And those individual employees would still have the right to not have the government interfere with their communications. The founders were concerned that any enumeration of specific rights (like the right to say or write whatever the fuck you want) would be taken to imply that those were the only rights that individuals possessed. In other words that the government would be free to do whatever was not expressly forbidden to it, but that the citizens of the Republic would be forbidden to do anything that was not expressly allowed by said government. Precisely the opposite of what the founders intended. Unfortunately the latter is exactly where we have ended up. Hence the necessity to enumerate all of our rights in "amendments" etc.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    26. Re:"personal privacy" rights dont apply by Anonymous Coward · · Score: 0

      I think the more relevant point is that corporations have been getting all of the benefits of personhood without any of the downsides. Like being sent to jail. Do you think Verizon would still fleece it's customers with extraneous fees if it knew that a criminal court would shut down the entire business for a few years, rather than getting a fine which was probably less money than they made overall through the scam?

    27. Re:"personal privacy" rights dont apply by C_amiga_fan · · Score: 2

      >>>corporations are made up of people. And those people have rights.

      That's correct. That doesn't mean the corporation should have rights. For example, you can deny Microsoft the right to donate money to (buy) candidates, lobby congress, vote in elections, et cetera without denying the Microsoft employees their own rights to do all of those items.

      --
      FREE magazine : http://clarkesworldmagazine.com/prior/
    28. Re:"personal privacy" rights dont apply by cstanley8899 · · Score: 1

      Hmmmm... perhaps "certain" rights for "certain" entities. Well that would be too logical I guess.

    29. Re:"personal privacy" rights dont apply by 0111+1110 · · Score: 1

      Also, have you considered the full implications of that stance? Could the US, for example, censor Busboy Productions, Inc. on the grounds it has no first ammendment rights? Could they sieze Twitter's computer servers without a warrant on the grounds it has no fourth ammendment rights? Can they tap your wokplace phone without a warrant because your employer has no expectation of privacy?

      The Lockean concept of natural rights upon which the constitution is based would clearly not apply to a corporation as such. A corporation is just a group of individuals. However the constitution was supposed to be about forbidding all actions of the government except what was expressly permitted by the founders' document. The founders were terribly afraid that their fledgling government--a republic if you can keep it--would become the same sort of tyranny that so many British colonists had recently fought and died to escape.

      So you are looking at this all wrong. The question you should be asking is what right does the government have to seize servers, censor speech and tap phones. The answer is none, unless it is explicitly allowed under very specific circumstances by the constitution. Usually that involves probable cause to believe that some kind of crime has been committed etc.

      Still, you might ask if the corporation does not have the same natural rights as individual human beings because corporations are not people then how do you justify protecting them from any sort of crime whether perpetrated by the government or by individuals? The answer has to derive from the natural rights of the individuals that make up the group. The made up entity that the individuals created (the group) may not have Lockean natural rights per se, but by damaging the group (as in your server seizure example) you are also damaging all or many of the individuals within the group.

      Of course your censorship and phone tap examples do directly violate the natural rights of individuals in the group. In that sense they are not great examples for your point. It is only your property seizure example that requires the above elaboration because it is not clear exactly which humans own those computers or their contents. I think it can still be argued that they are owned quite directly by the shareholders, by all the members of the group individually. If the server is worth, say, $3000 and the company consists of 1000 people then you have just robbed $3 from each human, a clear violation of their right to have property.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    30. Re:"personal privacy" rights dont apply by khallow · · Score: 1

      That's correct. That doesn't mean the corporation should have rights. For example, you can deny Microsoft the right to donate money to (buy) candidates, lobby congress, vote in elections, et cetera without denying the Microsoft employees their own rights to do all of those items.

      I disagree. Let's start with a non-corporate example. Suppose I as an individual wish to sue the US government for an unconstitutional act upon my property. By your logic, I can be denied access to a lawyer because the lawyer's rights are not denied. However, it is unconstitutional since my rights to due process of law (under the 5th Amendment) are abridged.

      Suppose instead I am the owner of a corporation and have delegated the carrying out of my constitutionally protected rights by employees of my corporation? You say that can be denied. What changed?

    31. Re:"personal privacy" rights dont apply by speroni · · Score: 2

      We will need to elect some kind of board of representatives to make timely decisions on behalf of all the shareholders.

      How shall we chose them?

      --
      Eschew Obfuscation
    32. Re:"personal privacy" rights dont apply by jimrthy · · Score: 1

      "Shutting down the business" is far different than being Bubba's prison wife.

    33. Re:"personal privacy" rights dont apply by Requiem18th · · Score: 1

      Maybe we should create rules against these actions for the sake of it, instead of reusing individual rights attributed to an imaginary person.

      --
      But... the future refused to change.
    34. Re:"personal privacy" rights dont apply by RazorSharp · · Score: 1
      --
      "From the depths of my skeptical and rationalist soul, I ask the Lord to protect me from California touchie-feeliedom."
    35. Re:"personal privacy" rights dont apply by Beerdood · · Score: 1

      Meh, they don't need to vote themselves. They can already buy all the votes they need, now with unlimited contributions.

      --
      Global warming and other natural disasters are a direct effect of the shrinking number of pirates - Gospel of the FSM
    36. Re:"personal privacy" rights dont apply by C_amiga_fan · · Score: 1

      >>>By your logic, I can be denied access to a lawyer

      Strawman argument. Individual rights to hire other services can NOT be abrogated by congress. It violates amendments 9 and 10 plus other rights codified at the State level, plus basic contract law.
      .

      >>>You say that can be denied. What changed?

      No I didn't. If a CEO gets charged with murdering his wife, he can still hire a lawyer for defense in court. That is an inalienable right.

      In contrast if the corporation gets sued (for example: Ford Pintos are exploding), only the corporation suffers punishment, not you personally. That's why corporations exist: to create a shield to protect the individual from harm. In fact most CEOs just bail ship when they see a corporation going downhill. It's called a "golden parachute" in modern slang terms.
      .

      Now if you are the owner of a COMPANY, rather than a corporation, then yeah you have full liability for the acts of your company (a house you built collapses and killed someone - you could be charged for manslaughter). In such a case you'd still have the right to hire a lawyer to defend yourself, since You are the one who is being charged.

      --
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    37. Re:"personal privacy" rights dont apply by pnuema · · Score: 1
      Could the US, for example, censor Busboy Productions, Inc. on the grounds it has no first ammendment[sic] rights?

      Absolutely. Every time Busboy productions opens its mouth...oh wait, it doesn't have one. Joe CEO does though, and the government can get bent if they think they can shut him up. Rights belong to people. The government can serve its search warrant to the owner of Twitter's servers - the shareholders.

    38. Re:"personal privacy" rights dont apply by Anonymous Coward · · Score: 0

      You mean they aren't already? Hang on, I'll get a National Security Letter to you...

    39. Re:"personal privacy" rights dont apply by Anonymous Coward · · Score: 0

      While the parent wrote incorrectly, his premise is sound. Your flippant answer is actually meaningful.

      1. Yes, the US could censor Busboy Productions. Nothing of value would be lost. Any speech by an individual who happened to work at Busboy cannot be censored because they DO have first amendment rights. See the difference?

      2. The individual owners of Twitter might have a strong opinion about that, since their fourth amendment rights WOULD be violated.

      3. Again, the individual owners of your workplace might have a say about that because THEIR expectation of privacy is being violated. This has in fact aready been ruled on: you do not have an expectation of privacy at work, because the individual owners own everything.

      Don't conflate the issues of corporate rights with personal rights. Personal rights do exist, indepenedent of the corporation's existence. Many (if not all) rights people believe corporations require stem from the rights the INDIVIDUALS have, regardless of corporatization. Strip the corporation of these ridiculous rights, and the individuals will still have them.

    40. Re:"personal privacy" rights dont apply by khallow · · Score: 1

      Strawman argument. Individual rights to hire other services can NOT be abrogated by congress. It violates amendments 9 and 10 plus other rights codified at the State level, plus basic contract law.

      You don't seem to understand my point. Why do violations of other peoples' rights sudden not become violations of their rights when a corporation is involved? Recall that you wrote:

      For example, you can deny Microsoft the right to donate money to (buy) candidates, lobby congress, vote in elections, et cetera without denying the Microsoft employees their own rights to do all of those items.

      You pointedly ignore that Microsoft owners are also people with rights. Here's my view. The distinction is phony. Sure, I wouldn't mind placating the whiny babies by replacing corporate personhood with some equivalent rights structure that respects the employees, owners, and customers of a corporation while providing a fig leaf to the idiots. But in the end, you have to have some sort of protections for corporations or you're denying the rights of one of more of these groups.

    41. Re:"personal privacy" rights dont apply by dryeo · · Score: 1

      Makes sure the wrong people don't get to vote.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    42. Re:"personal privacy" rights dont apply by Anonymous Coward · · Score: 0

      "If an entity can not vote, then it should not have rights."

      All those that support, condone, or encourage illegal immigrants flooding into the USA should take note of this logic.

    43. Re:"personal privacy" rights dont apply by shutdown+-p+now · · Score: 1

      Could the US, for example, censor Busboy Productions, Inc. on the grounds it has no first ammendment rights?

      No, because the individuals making up that corporation still retain their First Amendment rights, which would then be violated.

    44. Re:"personal privacy" rights dont apply by Anonymous Coward · · Score: 0

      Corporations don't have first or fourth amendment rights, but its employees and customers have. So you could censor Busboy Productions but you can't censor the people behind it (so in practice you can't censor it); You could seize twitter computers if they contained just corporate data, but they contain personal information of customers and employees, so it your be a breach of their fourth amendment rights (not twitter's).

    45. Re:"personal privacy" rights dont apply by C_amiga_fan · · Score: 1

      >>>You pointedly ignore that Microsoft owners are also people with rights.

      The owners are free to hire lawyers (for example to defend themselves from a murder charge), call their Congressman (lobbying), demonstrate in public (free speech), and so on . They simply aren't free to do it using Microsoft money, which is a separate entity and doesn't have rights (IT is not a person). IT has privileges granted by its government-issued corporate license, and nothing more.

      BTW "owners" is a poor choice of words when talking about corporations. No one person can claim to "own" Microsoft or Apple or GM. They aren't like Bob's Bakery, which is owned by bob.

      --
      FREE magazine : http://clarkesworldmagazine.com/prior/
    46. Re:"personal privacy" rights dont apply by khallow · · Score: 1

      BTW "owners" is a poor choice of words when talking about corporations. No one person can claim to "own" Microsoft or Apple or GM. They aren't like Bob's Bakery, which is owned by bob.

      I disagree. Almost all corporations have obvious owners who can claim to own. The corporations you mention all have many owners. Anyone who owns shares of these corporations owns the companies with the degree of their influence being dependent on the fraction of shares they control. Also, you ignore joint proprietorships which have multiple owners.

    47. Re:"personal privacy" rights dont apply by geminidomino · · Score: 1

      Well shit, then let's go back to requiring a literacy test. Let's through some critical thinking logic puzzles on there, too. That'll stop the "wrong people" from voting really fast.

  4. I don't think it's common sense by rsilvergun · · Score: 1

    I think they just don't like the idea of not knowing what the companies in their stock portfolio are up too. Make no mistake, the Supreme Court is in it for the money

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:I don't think it's common sense by Moryath · · Score: 2

      Give it a week. They'll throw a few billion dollars at the Robberbaronicans and next thing you know, there'll be a "Personal Privacy for Corporations" clause slipped into the next budget bill.

  5. What do they care? by Stenchwarrior · · Score: 1

    Even with the deregulation, competitors still have to use AT&T copper to run their services. It's not like they're going anywhere.

    --
    Loading...
    1. Re:What do they care? by Anonymous Coward · · Score: 0

      Last I checked, Comcast doesn't use AT&T copper.

    2. Re:What do they care? by Attila+Dimedici · · Score: 1

      Verizon does not need to use AT&T copper any more than AT&T needs to use Verizon's copper. Verizon is one of the "Baby Bells" (actually it is the merger of several of the "Baby Bells"), so is AT&T. The AT&T that exists today is not the company that was left after the various local phone companies were split off into "Baby Bells". AT&T is now actually one of those "Baby Bells" (SBC) that bought what was left of AT&T when its post breakup business plan met the changes in communication technology and failed.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
  6. Don't Worry AT&T by mattwrock · · Score: 2

    I am sure if you make some "donations", a bill will quickly be passed to change this ruling. I think bill's name will be the "Freedom Defense".

    --
    "Ones and zeros were everywhere. I even think I saw a two!" - Bender
    1. Re:Don't Worry AT&T by olsmeister · · Score: 1

      Care to check out #2 on the list of top political donors since 1989?

    2. Re:Don't Worry AT&T by RingDev · · Score: 3, Informative

      I believe that is direct contributions, not total political expenditures.

      Take the Koch brothers recent activity in Wisconsin. They donated $43,500 to Governer Walker's election campaing. But, they also donated $1M to the Republican Goveners association (which spent over $2M in Wisconsin) and funded another $2+ million in political activity in Wisconsin through their Americans for Prosperity PAC.

      So if you look at the Koch's contribution to Walker, it doesn't seem all that significant. But if you look at their spending, it's tremendous.

      True, that example is at the state level and the list you linked to is at the federal level. But I would really be surprised to find that that chart includes all investments besides direct contributions by all PAC and subsidiaries and their PACs by all of the groups listed.

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    3. Re:Don't Worry AT&T by Lumpy · · Score: 1

      Nope it will be a rider in the "telecommunications terrorism prevention act."

      I'm NOT joking. They will pull this shit.

      --
      Do not look at laser with remaining good eye.
  7. oh look by Ryanrule · · Score: 1

    flying pigs

  8. The ruling by Anonymous Coward · · Score: 0

    "We trust that AT&T will not take it personally" concluded the ruling.

    I SEE WHAT YOU DID THAR!

    1. Re:The ruling by tverbeek · · Score: 1

      The opinion was delivered by Roberts; did he write it? If so, I want to remove one of the pins from my voodoo doll of him, in appreciation for the delightful joke it ended with.

      --
      http://alternatives.rzero.com/
  9. OK by killmenow · · Score: 4, Insightful

    First off: "We trust that AT&T will not take it personally"

    Hahahaha! That's like a big middle finger stuck right into the ruling. Nice!

    Now that I got that out of my system...the whole corporate personhood thing is such a farce anyway. A corporation is nothing but a group of people. It could be one person or 100,000 people. But if you remove all the people from the corporation, can it make a decision? Can it sign a piece of paper? Can it continue to function at all? NO.

    What's worse: the idea that people do things "on behalf" of corporations. Such as the fallacy that a corporation is to blame and not the person who does the wrong thing and rationalizes "I'm not a sociopath because I decided to pollute that river with toxic waste then obstruct justice during the investigation by shredding all those documents on behalf of the corporation."

    Corporations don't commit crimes. People do. Maybe it's "on behalf of" the corporation. But it's always a person doing the deed.

    Again, a corporation is its people. It's not its own person.

    1. Re:OK by countertrolling · · Score: 1

      A human is made up of cells. It's not its own lifeform

      --
      For justice, we must go to Don Corleone
    2. Re:OK by Anonymous Coward · · Score: 0

      Shut up stupid troll. That is the worst argumnet ever.

    3. Re:OK by zill · · Score: 4, Insightful

      A single human cell cannot function without the rest of the body.

      A single employee can function without the rest of the corporation.

    4. Re:OK by Americano · · Score: 1

      Enron got a lot of press. You don't hear as much about the thousands of other lawsuits that are wending their way through the courts involving corporations, most of which don't involve deliberate, "malice aforethought" crimes - many of them involve negligence, or downright accidental events.

      SO... when you slip and fall at Wal-Mart because there was no "wet floor" sign up, will you take the individual janitor and the cashier to court to cover your medical bills? Good luck collecting enough money to even cover your bills, much less cover for loss of work.

      Now you've got WAY more legal paperwork involved (adding friction to an already inefficient system), and you've got a bunch of people who have NO MONEY trying to squeeze money out of one another. Yeah, that sounds like a great system, we should totally do that.

    5. Re:OK by Lumpy · · Score: 2

      In fact a single employee functions BETTER if all the management parts were removed.

      that makes Management in a corporation.... Cancer?

      --
      Do not look at laser with remaining good eye.
    6. Re:OK by countertrolling · · Score: 1

      I was hoping you would say a single person can function without other people. But a person cannot function without a cellular structure any more than a corp can function without people. The people are the cellular structure, fully differentiated and everything. If we are to ever give rights to robots for their "intelligence", then we have to rethink the personhood of anything we create when it takes a life of its own. That's why intelligence is a bad benchmark to use.

      --
      For justice, we must go to Don Corleone
    7. Re:OK by Anonymous Coward · · Score: 0

      I'd be in favor of granting personhood to a corporation if it can pass the Turing test, actually (with the stipulation that no human or group of humans can take the test on the corporation's behalf). At the very least it'd get some money thrown at AI research.

    8. Re:OK by clarkkent09 · · Score: 0

      Therefore, corporate taxes should be abolished too, right? After all corporation is people and those people already pay their taxes.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    9. Re:OK by 0111+1110 · · Score: 1

      Therefore, corporate taxes should be abolished too, right? After all corporation is people and those people already pay their taxes.

      That is a very logical argument. I completely agree. Just as soon as they lose all of their personhood status. Corporate taxes are the price they pay to the government for allowing them this absurd fiction that they are some kind of person. Apparently they consider it a good enough deal. Actually I would support ending corporate income taxes in any case. And personal income taxes as well. But that's another matter.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    10. Re:OK by Anonymous Coward · · Score: 0

      Here in the UK a computer generated announcement at train stations regularly intones "We are sorry for the late running of the blah service" and it always winds me up. Who's sorry? The driver? The guard? The station attendant? The company directors? The corporation? Nope, none of them give a shit and the last can't. While I'm being delayed they're still getting paid and a computer telling me its sorry doesn't make it any better.

    11. Re:OK by fishexe · · Score: 1

      Again, a corporation is its people. It's not its own person.

      A human is made up of cells. It's not its own lifeform

      Shut up stupid troll. That is the worst argumnet ever.

      A troll is made up of words. It's not its own argumnet.

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    12. Re:OK by Anonymous Coward · · Score: 0

      Critical and consistently overlooked point that cannot be emphasized enough.

      In other words, the people behind the corporation effectively have more than twice the freedom of speech ordinary citizens posses.

    13. Re:OK by jimrthy · · Score: 0

      Actually, corporate taxes should be abolished because they're just a hidden tax on the corporation's customers.

      If we paid those taxes directly, it would give us a better idea of just how badly we're getting screwed, and it would save accounting fees.

    14. Re:OK by Anonymous Coward · · Score: 0

      Socrates: If a corporation is people,
        and solylent green is people.
      Then that corporation is soylent green.

  10. Does this mean Murray Hill Inc. isn't a "person"? by Johnberg · · Score: 1

    What does that mean for our elections? Can Murray Hill Inc. still run for office? Can it still run, only without any personal privacy?

  11. Dialing back corporate personhood... by terraformer · · Score: 2

    Thankfully, this dialing back corporate personhood and granting personal rights to corporations has long been overdue. Odd case to have it happen in, as the outcome is not clearly positive in all cases, but the overall result for the law in general is a positive one.

    --
    Who are you? The new #2 Who is #1? You are #617565. I am not a number, I am a free man! Muhahaha.
  12. corporations-as-individuals = insanity by 0111+1110 · · Score: 5, Insightful

    If corporations were individuals they would be sociopaths as this 2003 Canadian documentary endeavors to show. In D&D they would be considered either lawful evil or chaotic evil (depending on the corporation). They are narrowly selfish and greedy to such an extent that as an individual they would almost certainly be criminals. Profit trumps every other concern without exception. So corporations are an evil institution, but are they a necessary evil? The price we pay for economic prosperity. Perhaps, but that doesn't mean we have to give them any more power than necessary to get what we (as a society) want from them (inexpensive, innovative, useful products).

    I consider myself a Libertarian, but I would argue that even in a free society corporations-as-individuals should be prohibited. It simply does not make sense to grant them the same rights as an individual not only because they clearly are a group of individuals, but because corporations need to have limitations on their power and on their predictably ruthlessly selfish/evil behavior. Corporations are the only institutions that can even remotely compete with governments in terms of power and abuse of power and they should be treated warily because of this.

    --
    Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    1. Re:corporations-as-individuals = insanity by Anonymous Coward · · Score: 1

      I consider myself a Libertarian, but I would argue that even in a free society corporations-as-individuals should be prohibited. It simply does not make sense to grant them the same rights as an individual not only because they clearly are a group of individuals, but because corporations need to have limitations on their power and on their predictably ruthlessly selfish/evil behavior. Corporations are the only institutions that can even remotely compete with governments in terms of power and abuse of power and they should be treated warily because of this.

      Well, if you're going to argue that, you're not a libertarian. You're a socialist. Welcome to revolution comrade! Down with the Koch brothers!

    2. Re:corporations-as-individuals = insanity by hibiki_r · · Score: 1

      A corporation isn't necessarily even greedy: Paying any attention to the causes of the financial crisis shows that corporations don't really work for shareholders, but for highly compensated corporate agents. Financial firms were looted by their own employees, setting up trades that in no way would help their firm, but would give them humongous bonuses.

      I'd argue that, while it'd in no way be ideal, we'd be better off if every corporate executive acted in the way that would be best for the corporation's economic interest.

    3. Re:corporations-as-individuals = insanity by Anonymous Coward · · Score: 0

      "The price we pay for economic prosperity."

      We all pay, that's for sure. But for who's prosperity?

      Those sociopathic corporations have made and are making many victims (it's what sociopaths do), and those victims are not exactly prosperous.
      Two current examples: foreclosure crisis, healthcare system.

    4. Re:corporations-as-individuals = insanity by vlm · · Score: 1

      Profit trumps every other concern without exception

      Demand better bylaws. Non-profits and coops are not all evil. The govt already sticks their nose deeply into bylaws anyway, merely make it illegal to incorporate with the absolutely highest priority being profit. My "local" hospital is incorporated to provide the highest quality medical care they can provide. They still have crooked $1M/yr executives, its not all balloons and unicorns, but they're not as bad as some purely profit driven corporations.

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    5. Re:corporations-as-individuals = insanity by 0111+1110 · · Score: 1

      Explain to me from, say, an anarcho-libertarian perspective how a corporation-as-individual would even be possible? A corporation-as-individual type of institution relies on the government to enforce its unreal status. Back in the real world a corporation would just be a group of individuals cooperating toward whatever the goal of the corporation is: making widgets for instance. Without a government you couldn't have corporations as they currently exist. Just as you couldn't have copyrights or patents. At least not in their current form.

      Even from a limited/bare-bones government Libertarian perspective there is nothing inherent to a sociopathic, many-as-one style corporation that is even remotely necessary to a free market economy. And in fact true laissez-faire capitalism would seem to require that corporations not be given special treatment over other groups of individuals. It requires active government intervention to do so.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    6. Re:corporations-as-individuals = insanity by jimrthy · · Score: 1

      Government grants people the privilege of creating another fictitious person they can hide behind to escape responsibility for their choices. Where'd the government get the authority to create people out of thin air?

      Despite the 14th Amendment, these imaginary people are, theoretically at least, the slaves of the people who petitioned the government for this privilege.

      Corporations are a blight on the free market. Denying them personhood is completely in line with the libertarian point of view.

    7. Re:corporations-as-individuals = insanity by jimrthy · · Score: 1

      Exactly.

    8. Re:corporations-as-individuals = insanity by Anonymous Coward · · Score: 0

      Seen it, enjoyed it and I agree with many of its points. However they neglected to take into account the most glaring issue with Corporate personhood. A Corporation can be bought and sold, in whole or in part. That makes them both property and a person, we have a word for that... slavery.
      I say expand the rights of a Corporation to the point where they become Wards and the shareholders become its legal guardians.
      Plus, you can get a lot more rich old dudes interested in what you've got to say when they think you agree with them :)

    9. Re:corporations-as-individuals = insanity by Anonymous Coward · · Score: 0

      You might consider yourself a libertarian but you are really just a fool. Having a profit motive is far from evil - in fact it is one of the few goods left in the world! If you are convinced it is evil then put your money where your mouth is... do not do business with any corp, do not buy anything from them nor draw paycheck from them ya hypocrite! I ask you what is the motive of the government and why should I trust it over a profit motive?

  13. Reading too much into the ruling by Dachannien · · Score: 4, Insightful

    Folks here are already saying things about this ruling diminishing the "person" aspect of corporations. The ruling doesn't really do that. Instead, it rests on a question of statutory construction. In particular, the court says that "personal privacy", a phrase used in FOIA, does not merely mean the privacy of a person, as AT&T argued, but instead refers to particular elements of privacy that only carry meaning when you're talking about an actual human being.

    1. Re:Reading too much into the ruling by hedwards · · Score: 1

      That was more or less my thought on this. This didn't seem to be so much a rolling back of the rights as a refusal to extend more rights to corporations. I don't really recall previously corporations being allowed to have personal privacy, and in fact such a notion would leave regulatory agencies in a tough place because typically 5th amendment protections would also apply as well as other places where privacy is conveyed in the constitution.

    2. Re:Reading too much into the ruling by Anonymous Coward · · Score: 0

      Which is, really, the whole point in the "corporate person" debate.

  14. No need to break what isn't broken by khallow · · Score: 2, Insightful

    we still have quite a few other personal rights that have been given to corporations that shouldn't have

    I'll be glad when this fad goes away. The whole reason for corporate personhood is to protect the rights of the people involved with the corporation. If the US dismantled the corporate personhood machinery, it would have to be replaced with something else that does pretty much the same thing. Else groups of people would have their rights trampled. It's not rocket science.

    Also, note that even moderately controversial decisions (such as the frequently reviled Citizens United v. FEC case) are decided by narrow majorities (5-4 decision in that case) while obvious stretches of corporate personhood are decided by 9-0 rejections. This isn't an area that is careening out of control.

    1. Re:No need to break what isn't broken by hedwards · · Score: 1

      Yes, but without a constitutional amendment those new rights could be taken away without much trouble. As it is we need to pass a constitutional amendment declaring corporations to not be people. Which is a lot harder.

    2. Re:No need to break what isn't broken by Utini420 · · Score: 3, Insightful

      Wouldn't those people's rights be protected by, ya know, being people?

      --
      A little inaccuracy sometimes saves tons of explanation.
    3. Re:No need to break what isn't broken by Stormy+Dragon · · Score: 0

      I wonder if all the people saying "Corporations are not people" have fully thought through the implications of that stance. For one, if corporations lack personhood then they can't be charged with crimes. Policing them will be much harder when criminal charges all have to be tied to a specific person within the corporation rather than the organization as a whole.

    4. Re:No need to break what isn't broken by Anonymous Coward · · Score: 5, Insightful

      Has a company ever been put in prison?

    5. Re:No need to break what isn't broken by khallow · · Score: 3, Insightful

      Wouldn't those people's rights be protected by, ya know, being people?

      No. Even in the US that isn't true. If your rights have been violated by law or action, you still have to act to redress your grievance, either in the courts or through communication. What you don't get is that procedures frequently have to be implemented in order for the right to be properly honored.

      For example, the Miranda warning is a judicially mandated action that was deemed necessary so that people who were arrested would aware of their rights. It doesn't follow naturally from the Constitution and didn't come about until about 45 years ago.

      Similarly, corporate personhood is a legal invention. It came about precisely because the courts of the time deemed it necessary in order to honor the rights of the people making up the corporation.

    6. Re:No need to break what isn't broken by sanosuke001 · · Score: 5, Insightful

      No, it would be much easier as we would have to charge individuals with crimes and therefore, individuals in the company would have real personal consequences for their actions instead of having the company take the fall. It also wouldn't have to be a single person; a group of people in collusion would be just as effective.

      --
      -SaNo
    7. Re:No need to break what isn't broken by Anonymous Coward · · Score: 2, Insightful

      Our current legal system has laws that differentially govern the activities of organizations and individuals, so no - organizations could still be held legally accountable for their actions. It could adjust to have more targeted at organizational activities if really necessary. It's not like you can extract conceptually different legal remedies from criminal vs civil prosecution of a corporation currently; no corporation is doing jail time.

      Besides, if such a change occurred and it led to more prosecution of individuals for activities undertaken by an entire organization, I'm not convinced that would be a bad direction.

    8. Re:No need to break what isn't broken by maxume · · Score: 1

      A simple middle ground would be to dissolve more corporations.

      The whole argument for limited liability is that it reduces the cost of capital (or the risk of providing/using it for business, very similar things), which is supposed to be good for the public. If the limited liability is being used in ways that are obviously not good for the public, dissolving the corporation should not be controversial.

      And really, if a few people inside of a corporation are breaking the law, I'd much rather see them punished than have the corporation pay some fines.

      --
      Nerd rage is the funniest rage.
    9. Re:No need to break what isn't broken by Stormy+Dragon · · Score: 2, Insightful

      The problem is then that you have to prove beyond a reasonable doubt that person's involvement with each element of the crime. Part of the reason we tend to prosecute the corporation as a whole is that it's often not easy to pin the whole crime on any specific person given the distributed nature of responsibility in most large corporations.

    10. Re:No need to break what isn't broken by sjames · · Score: 3, Insightful

      There's a big difference between having some form of legal entity and personhood. The one big thing that must be brought back is actual enforcement of the requirement that a corporation be in the public interest. Breaking the law is never in the public interest, so a corporation that does so is dissolved.

    11. Re:No need to break what isn't broken by Stormy+Dragon · · Score: 1

      No, but they've been fined millions of dollars or ordered to do various things.

    12. Re:No need to break what isn't broken by Baki · · Score: 4, Insightful

      Many countries make a distinction between natural persons (i.e. humans) and a legal person (entities, corporations). I have to assume that there must be some distiction between the two in the US too, though it is smaller than elsewhere. If not, a corporation being a natural person would have a nationality, and if it is a US nationality, it would have the right to vote in elections, which is not the case.

    13. Re:No need to break what isn't broken by dkleinsc · · Score: 4, Insightful

      Sure they can. For instance, if corporations are property, thanks to asset forfeiture it's possible for the government to charge property with a crime and confiscate it.

      Or alternately, assume they are neither property nor persons. That means that Congress can pass whatever laws about corporations they like (since they nearly always fall under interstate commerce), and the state where the corporation is incorporated can also exercise unchecked control. Either of them could pass a law that states something like "Corporations who commit criminal offenses will be tried as criminal defendants."

      One could argue whether either of those is a good or bad thing, but it's hardly a situation where they can't be charged with a crime.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    14. Re:No need to break what isn't broken by Americano · · Score: 1

      So who do we send to jail or fine for the Toyota gas pedal problems? Ford & Firestone's tire issues?

      Hint: Everybody from the top down (you know, the people who have money to afford a lawyer) will point the finger at the assembly line worker, and say "it's his fault."

      Good luck collecting your multi-million dollar award from that single assembly line worker, and enjoy destroying his life in revenge for the damage (most likely accidental) that "he alone" caused you.

    15. Re:No need to break what isn't broken by Anonymous Coward · · Score: 4, Insightful

      Which typically amounts to a slap on the wrist.

    16. Re:No need to break what isn't broken by khallow · · Score: 2
      Whoa whoa whoa.

      No, it would be much easier as we would have to charge individuals with crimes

      Think about it. It's already illegal for individuals to commit crimes. It's already illegal for groups of people to commit crimes too. Collusion is already illegal. And police already can arrest people and courts convict and mete punishment for crime.

      So given that all this illegal activity is by definition illegal with a big stick to back it up, why do you suppose that Stormy Dragon said it'd be harder to police corporations without charging the corporation itself for the crime?

    17. Re:No need to break what isn't broken by randizzle3000 · · Score: 1

      The whole reason for corporate personhood is to protect the rights of the people involved with the corporation.

      IANAL but isn't this the main reason for the entity called "corporation" to exist? I mean that isn't this the reason to incorporate, so that the person (human) is legally seperate from the company? Or is it just for tax purposes?

    18. Re:No need to break what isn't broken by memnock · · Score: 2

      RICO is good at nailing individuals in distributed organizations. I think it would possible to use a similar idea for corporate or corporate employee malfeasance.

    19. Re:No need to break what isn't broken by Lumpy · · Score: 4, Insightful

      Problem is, "the public" is not what you think it is. that does not mean you or me but "major shareholders" which is the top 1% of the population. Liability to you or me, even if we hold 1,000 shares is nothing. liability to the guy that owns 20% is there.

      the public was sold a bag of goods that was rigged from the start to protect the riches of the top 1% and NOT that of the public.

      --
      Do not look at laser with remaining good eye.
    20. Re:No need to break what isn't broken by Mister+Whirly · · Score: 5, Insightful

      You have summed up the problem pretty effectively. All the execs have to do is pass the buck and they know they can basically get away with whatever they want. And if they are caught, the harshest penalty is monetary - not even personal fines, but rather the corporation. It is like legally removing your conscience.

      --
      "But this one goes to 11!"
    21. Re:No need to break what isn't broken by nomorecwrd · · Score: 1

      Breaking the law is never in the public interest, so a corporation that does so is dissolved

      Death penalty? I guess only in Texas :-)

    22. Re:No need to break what isn't broken by MattSausage · · Score: 2, Insightful

      Just out of curiosity, what corporation has been held liable for any 'crime' prosecuted in a criminal court. I'm willing to believe it has happened, but I postulate that it is so rare for this to happen that the corporate personhood clause should go away.

      How does giving a corporation personal rights and freedoms somehow protect the people within that corporation? Are their personal rights not protected by the same constitutional provisions that protects those of us NOT in a Corporation? By what moral imperative do their rights get 'protected' twice while mine may only be 'protected' once?

      For example: Citizens United. Corporations have a right to free speech to support any candidate they so choose. Tell me, before this ruling did the actual human beings within this corporation not actually have those rights? Were they somehow barred from voting or donating their money? I fail to see how granting personhood to any corporation does anything but give members of that corporation extra protections under the constitution the rest of us do not have.

    23. Re:No need to break what isn't broken by HungryHobo · · Score: 2

      A dog can't be charged with a crime but if it kills someone it's shot.
      simply apply the same to corporations.
      commit a serious enough crime, company gets liquidated.

      you don't have to be human to be punished.

    24. Re:No need to break what isn't broken by Anonymous Coward · · Score: 0

      The problem with that is that the entire corporation is charged with whatever crime we're talking about and it gets fined some tiny amount of money. Then the company does the same crime again (sometimes two or three more times) because it's cheaper to get fined than to stop committing whatever offense it is. Of course they'll cover their tracks a little better to avoid getting caught for half a decade. In any case, the lawyers keep the case in the courts for another half decade or so until the only choice for the government is to reach some settlement which is beneficial for the company.

    25. Re:No need to break what isn't broken by khallow · · Score: 1

      There's a big difference between having some form of legal entity and personhood. The one big thing that must be brought back is actual enforcement of the requirement that a corporation be in the public interest. Breaking the law is never in the public interest, so a corporation that does so is dissolved.

      My view is that people aren't held to this ridiculous standard because it would be both impossible and harmful, so on similar grounds of practicality and ethics, corporations shouldn't be either.

      Consider driver's licenses. If I'm caught speeding slightly, my license isn't dissolved. Often the punishment isn't significant either, a "slap on the wrist" as someone else in the thread would put it.

      If for some reason, we actually did enforce a stupidly rigorous law for drivers like you outline above for corporations, then the only people who could drive in the long either either are breaking the law or have special connections that keep them from being charged or ticketed with breaking the law.

    26. Re:No need to break what isn't broken by dlenmn · · Score: 2

      if corporations lack personhood then they can't be charged with crimes.

      Why do you say that? What's to stop the government from passing such laws?

    27. Re:No need to break what isn't broken by Mister+Whirly · · Score: 1

      When "the public" are shareholders in the corporation, then sometimes public interest is served by corporations breaking laws. Especially when they gain huge profits doing so!

      --
      "But this one goes to 11!"
    28. Re:No need to break what isn't broken by vlm · · Score: 3, Interesting

      So who do we send to jail or fine for the Toyota gas pedal problems?

      Well that one is simple, the journalists whom made the whole thing up for the pageviews.

      Good luck collecting your multi-million dollar award from that single assembly line worker, and enjoy destroying his life in revenge for the damage (most likely accidental) that "he alone" caused you.

      The aviation industry solved that by always blaming the pilot, whom coincidentally was dead. An unintended consequence would be the auto industry increasing their lethality so the driver always ends up dead, thus can take the blame.

      Metalworking shops etc already carry hefty liability insurance. The social engineers in congress would have an interesting problem, as thats currently paid pre-tax but if individual worker had to buy first of all they'd be screwed to higher prices just like health insurance and secondly they'd be paying post tax money. So it would be quite a drag on the economy as a whole, although insurance companies would make more, and special interests love to donate to politicians, so I suspect its inevitable in the future...

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    29. Re:No need to break what isn't broken by vlm · · Score: 1

      If not, a corporation being a natural person would have a nationality, and if it is a US nationality, it would have the right to vote in elections, which is not the case.

      Voting merely requires living there and (in some states) not being a convicted felon. Plenty of illegals vote, no one cares. The puzzle is how to deal with non-national elections. If a corp is based in CT for tax purposes but all its real property is in WI (primary residence) then where does it vote? Even weirder, if the corporate agent lives in IL.

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    30. Re:No need to break what isn't broken by Americano · · Score: 1

      Sounds like a worker's paradise, truly.

      I don't understand why we haven't introduced more inefficiency and waste into the system before now! Abolish corporate personhood today!

    31. Re:No need to break what isn't broken by matt_gaia · · Score: 3, Informative

      What happened with CU is that previous to the case, individuals in a corporation were allowed to make political contributions to whoever they chose to (up to the personal limit, which is $2400, IIRC). In the ruling that came down, corps were then allowed to donate whatever they wanted to out of their own accounts, and essentially without limits. So, because of this (monumentally bad) ruling, corporations could essentially drown out the voices from individual contributors, by spending millions from the corporate accounts on their favorite candidates.

    32. Re:No need to break what isn't broken by maxume · · Score: 1

      So the kleptocracy is complete and we should all just give up?

      --
      Nerd rage is the funniest rage.
    33. Re:No need to break what isn't broken by sjames · · Score: 1

      Not necessarily, but that's the stick. Then offer the corporation a one time only deal that provides for full restitution and actually discourages future crime rather than effectively just applying a 10% tax to it like current fines do. Include purging the executives that allowed the crime to take place as one of many conditions. Take the deal without complaint or be dissolved.

      At some point, perhaps when the corporation has committed 3 felonies, the dissolution becomes mandatory. Should that happen, first dibs on the assets go to the employees for a reasonable severance package (even if it's not in their employment contract), then debts, then a dividend to the shareholders. The execs can forget their 'performance bonus' since they have failed utterly.

    34. Re:No need to break what isn't broken by fishexe · · Score: 1

      I wonder if all the people saying "Corporations are not people" have fully thought through the implications of that stance. For one, if corporations lack personhood then they can't be charged with crimes. Policing them will be much harder when criminal charges all have to be tied to a specific person within the corporation rather than the organization as a whole.

      How? Almost all "corporate crimes" are charged against individuals anyway, and almost all policing of corporations goes through civil actions. When the attorney general sues a corporation, that's not charging it with a crime, that's a civil action.

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    35. Re:No need to break what isn't broken by khallow · · Score: 1

      And you would be right. I think the problem is the newness of the phenomenon.

      If I were to post about how everything went downhill after 1913 and the creation of the Federal Reserve Bank, I think most knowledgeable people in the world would quickly be able to identify me as a US goldbug or the like. Further, they would have at least some sort of balanced perspective on things. A central bank may have undesirable features, but it does work - at least most of the time. Sure you might grant that there could be spectacular failure modes hidden in the FRB's operation or your own country's central bank, but you aren't keen to throw away the baby with the bathwater because of it.

      The same is true of corporate personhood. It may be quirky and may have problems, but it works. I think most people will eventually realize that and drop the affair.

      But currently, it's still in the phase where people don't understand it. Treating evil corporations as people superficially sounds bad. But I imagine a lot of the backers of the meme will eventually get jobs in corporations and might even start a few of their own. Then they'll see what things are really like and move on.

    36. Re:No need to break what isn't broken by Utini420 · · Score: 2

      Wouldn't those people's rights be protected by, ya know, being people?

      No. Even in the US that isn't true. If your rights have been violated by law or action, you still have to act to redress your grievance, either in the courts or through communication. What you don't get is that procedures frequently have to be implemented in order for the right to be properly honored. For example, the Miranda warning is a judicially mandated action that was deemed necessary so that people who were arrested would aware of their rights. It doesn't follow naturally from the Constitution and didn't come about until about 45 years ago. Similarly, corporate personhood is a legal invention. It came about precisely because the courts of the time deemed it necessary in order to honor the rights of the people making up the corporation.

      If you'll hang in there with me, I'm genuinely curious and trying to step outside my normal "corporations = fuck 'em" assumption set. Your angle on this issue is quite different from what I'm used to seeing. What rights of the people in the corporation are we talking about, and how might they be violated? I'm trying to give your position the benefit of the doubt, but being all vague like this I'm not inclined to assume it's the rights of lowly cubicle drones but rather the rights of executives and, well, that comes back to my normal assumption set. Please, illuminate me.

      --
      A little inaccuracy sometimes saves tons of explanation.
    37. Re:No need to break what isn't broken by vlm · · Score: 1

      I mean that isn't this the reason to incorporate, so that the person (human) is legally seperate from the company? Or is it just for tax purposes?

      Usually (although it varies) small corporations spend more overall on taxes than sole proprietorship. I very specifically say "spend more overall" because the accounting and legal forms get kinda expensive, and there's a lot of tax inspired yet not directly tax payment related juggling revolving around salaries. When you add all accountant and lawyer and paperwork fees, corps probably pay more than any other form of ownership to keep the govt off their back, at least when they're small (less than 1000 employees, lets say)

      Aside from the very important limited liability, it is also important for the small subset of companies that survive longer than a person, or at least if not survive long, have elderly owners. If Ford's son had to pay inheritance tax on the original model T plant... Most companies of course are not long lived.

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    38. Re:No need to break what isn't broken by scamper_22 · · Score: 2

      Unfortunately, it doesn't quite work like that.

      Who would you hold accountable if something went wrong like that. You face the same kinds of issues any institution... even government faces.

      Implementation is everything... and asking a court to decipher responsibility in an institution is extremely difficult.

      Whose to blame? The individual worker? Their manager? The director? The CEO? The contractor?...

      What if it was really just a worker screwing up... say a construction workers accidentally collapses a building and the victim gets a judgment of 5 million dollars. Do you expect the worker to pay this fine? Or would you expect the company to have insurance... thus holding the whole company responsible?

      Ideally, individuals are held accountable... in a perfect world with perfect knowledge... that would be the case. In a practical world... it is much more difficult. By all means charge individuals if it can proven beyond a reasonable doubt that they were responsible or grossly negligent. The laws allows this. But in practice... this is very difficult to prove. But we do know the 'company' or 'institution' did something wrong.

      There are many problems with our justice system and that all over the world... but on many big issues... things are far more complex when you look at the details of what they'd face on a day to day basis.

    39. Re:No need to break what isn't broken by fishexe · · Score: 1

      Problem is, "the public" is not what you think it is. that does not mean you or me but "major shareholders" which is the top 1% of the population...

      the public was sold a bag of goods that was rigged from the start to protect the riches of the top 1% and NOT that of the public.

      You keep using that word. I do not think it means what you think it means.

      (in fact, I think you just defined it not to mean what you think it means...)

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    40. Re:No need to break what isn't broken by Utini420 · · Score: 1

      And is this situation even desirable? I've never been clear on what the benefit to society is of people not being legally accountable for the actions they take on behalf of a corporation.

      --
      A little inaccuracy sometimes saves tons of explanation.
    41. Re:No need to break what isn't broken by bhagwad · · Score: 1

      I'm looking forward to the day (if ever) when a corporation can be sentenced to death. It must cease to exist entirely by order of the court for committing a crime. Surely at least one corporation should have gotten the death sentence by now!

      As for fines, it's about time they were fined a percentage of their profits instead of a lump sum amount. Corporations these days have so much money that even a fine of tens of millions is a mere nuisance instead of a real deterrent. Fine them 50% of their average yearly earnings and then we'll see how lightly they take sentences...

    42. Re:No need to break what isn't broken by sjames · · Score: 1

      Not actually, no. For one, it's unlikely that 100% of the public equally own the corporation. The illicit profits come from somewhere and it's a sure bet that even if the people who lost out are stockholders, they didn't gain as much as they lost. The most likely scenario is that it becomes a big redistribution of wealth from the many lower and middle class to the few rich major stockholders. Certainly NOT in the public interest.

    43. Re:No need to break what isn't broken by Anonymous Coward · · Score: 0

      all that assumes the legislators making such laws aren't owned and operated by the corporations.

      at the current time, they are all owned, directly or indirectly, unless they are independently wealthy and so outside the reelection-money-raising system that traps most legislators.

    44. Re:No need to break what isn't broken by dachshund · · Score: 3, Informative

      I have to assume that there must be some distiction between the two in the US too, though it is smaller than elsewhere.

      There's an excellent (and funny) summary of the oral arguments at Slate.

      http://www.slate.com/id/2281715/

      To sum it up less elegantly, the issue is the Freedom of Information Act which defines an exemption for "personal privacy". It also defines many other exemptions that apply to corporations.

      The case hinged on whether artificial persons such as corporations had a right to "personal privacy". A lower court had said yes --- based more or less on an argument-by-grammar. "Personal privacy" contains the root "person", and hence all persons must have it.

      The Supreme Court decision pointed out that this is not much of an argument. Flesh and blood people have "personal space" and "personal issues", but corporations probably don't. They also pointed out that the legislators had clearly written exemptions into the law that applied to corporations, and so AT&T was asking for essentially a massive extension in what the law does vs. what Congress had intended.

      It gives me a small amount of confidence in this court to see them rule against a major extension of rights for corporations. Maybe it will become a trend.

    45. Re:No need to break what isn't broken by swalve · · Score: 0

      My gut says it is a bad ruling as well. But there is an element of freedom being taken away in limiting corporations ability to engage in political "speech". Instead of viewing it is MegaCorp and their billions, think of it as a small, 3 owner corporation, with say 10 employees. If the three owners together decide that some candidate would be good or bad for their business, who is the government to say that they shouldn't be able to use money in their company to promote a candidate that is good for the company?

      See, forming a corporation is also giving up rights. When I form a corp with my pals, we give the governing documents and the board of directors power over our investment in the company. The company has a legal life of its own. Sure, we set it up according to how we want, but ownership changes and priorities change. It should have some rights, derived from all the small portions of rights of the ownership.

      Also, market forces would dictate that a corp can't spend too much money on political activity. Shareholders will disagree, stock prices will drop, annoyed customers will go away and the company will be hurt for its unpalatable political spending.

    46. Re:No need to break what isn't broken by mrvan · · Score: 4, Informative

      Corporate personhood is not invented to protect 'natural', 'constitutional' or 'legal' rights of persons.

      For one thing, the concept originates from before the US constitution. It at least dates back to the Dutch East Indies company (1608 IIRC). Separating investment from liability (other than the invested sum) is a means to allow a multitude of people to invest in a company without the risk of being taken down in a bankruptcy (for more than their invested sum). It is a pure tradeoff between the the security of the investors and the rights of creditors and has nothing to do with enforcement of pre-existing rights.

    47. Re:No need to break what isn't broken by maxume · · Score: 1

      You are more likely to start a business if you can separate the loan you take out to start the business from your house.

      This is perfectly fair for the bank, they know they are giving the loan to a corporation, not the individual behind it.

      There are lots of similar situations where a person is more likely to invest money if they are certain that their losses will be limited to the initial investment.

      --
      Nerd rage is the funniest rage.
    48. Re:No need to break what isn't broken by fuzzyfuzzyfungus · · Score: 1

      But, but, "RICO" is only supposed to be for gangsters, ideally of the foreign persuasion! Not good upstanding American corporations, or popular organized religions! It would be unfair to apply a law like that equally!!!

    49. Re:No need to break what isn't broken by maxume · · Score: 1

      Which creates a situation where an employee gets to decide if committing a crime on behalf of the corporation is better than his salary.

      (obviously this could be dealt with, I just can't resist the snark)

      --
      Nerd rage is the funniest rage.
    50. Re:No need to break what isn't broken by sjames · · Score: 2

      If you speed enough, your license most certainly is dissolved. If you commit more serious crimes you go to jail. That means loss of income and freedom. If you commit 3 felonies you will run afoul of 3 strikes laws (but corporations seem to be exempt).

      It's not all that unusual to use the threat of a severe punishment to encourage acceptance of a more creative solution either. DUI offenders are routinely offered a choice between DUI school or loss of license.

      If you were a corporation, you could get caught speeding every single day for the rest of your life and not only would you still have your license, the fines would be less than the value of the time you saved.

      I am well aware that it is not in the public interest to punish every small corporate infraction with dissolution. I also believe that when a corporation becomes a habitual offender, it's time to put that option on the table.

      It's that or make the punishment for any crime by anybody be a fine in the form of a percentage of disposable income.

    51. Re:No need to break what isn't broken by Dhalka226 · · Score: 1

      And that hurts anybody other than the mostly innocent employees and shareholders... how?

    52. Re:No need to break what isn't broken by swalve · · Score: 1

      The people making up the corporation in this example mean the shareholders. Employees of corporations, whether cube, office or executive suite dwelling, have no more or less power than an employee of any other enterprise. The rights being talked about are the rights of the shareholders. (Which those employees CAN be.) An executive can't make decisions to deploy corporate dollars without some kind of permission from the shareholders. But the shareholders, it is argued, have invested pieces of themselves in this corporation, and therefore that entity has a certain level of personhood deriving from all those little pieces of shareholders. You have free speech, and I have free speech. But if we pool some of our resources to create a corporation, we lose some of that free speech under the old law. A corporation is a legal "child" created by the shareholders as parents. The old law says that this child doesn't get the same rights. The new law says it does.

    53. Re:No need to break what isn't broken by kent_eh · · Score: 1

      What if it was really just a worker screwing up... say a construction workers accidentally collapses a building and the victim gets a judgment of 5 million dollars. Do you expect the worker to pay this fine? Or would you expect the company to have insurance... thus holding the whole company responsible?

      was that worker qualified to be doing what he was trying to do? Who hired an unqualified worker? Who failed to train that worker for the task he was hired to do?
      Now, if the worker lied about his qualifications (and falsified documents to support that), then the buck stops there.
      But if the employer decided to cheap out by hiring unskilled laborers to do skilled work (Like operating a crane or doing high pressure gas pipefitting) then they bear the responsibility.
      Ultimately it lands on the person, or group of people, who made the decision to do something stupid.
      And yes, identifying who that is can sometimes be difficult. Trying to obscure the facts to hide guilt should also be punishable.

      Unfortunately in the real world no one wants to accept responsibility for the consequences of their decisions.

      --

      ---
      "I can't complain, but sometimes still do..." Joe Walsh
    54. Re:No need to break what isn't broken by Anonymous Coward · · Score: 0

      Maybe corporations should be counted as 3/5 of a person? I seem to remember we've used that type of legal fiction in the US long ago...

    55. Re:No need to break what isn't broken by 0111+1110 · · Score: 2

      Good point. Excellent post. But I question whether this original 1608 form of corporation truly required the concept of personhood in order to exist. Perhaps a government that believes the trade off you speak of is one that is beneficial to society could simply grant limited liability against potential creditors directly to investors and leave it at that without invoking the whole corporation-as-person concept. The government could even just grant the individual investors a certain level of immunity from creditors sort of like what the concept of personal bankruptcy does for individuals. Some may argue that the whole business is really unfair to creditors who just want to get paid for their product/service, but that is another point entirely

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    56. Re:No need to break what isn't broken by Sarten-X · · Score: 1

      Except for the minor detail that it doesn't apply to most things folks complain about. There's a defined list of offenses RICO can be used with, but things like "sneaky use of contracts" and "changing opinions" are not in there. Sure, there's a few general items, like "wire fraud", which can be stretched to cover anything done online, but it's a pretty long stretch. RICO isn't designed to make prosecution of corporations easier. It's designed to target specific behavior patterns common to organized crime.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    57. Re:No need to break what isn't broken by Mister+Whirly · · Score: 1

      Check your sarcasm detector, I think it is a bit off today.

      --
      "But this one goes to 11!"
    58. Re:No need to break what isn't broken by GameboyRMH · · Score: 1

      Instead of viewing it is MegaCorp and their billions, think of it as a small, 3 owner corporation, with say 10 employees. If the three owners together decide that some candidate would be good or bad for their business, who is the government to say that they shouldn't be able to use money in their company to promote a candidate that is good for the company?

      Nope, should not be allowed. I don't care whether it's Megacorp International or Mom & Pop's Pizza. They can donate out of their personal accounts. Businesses should have no say in politics, only people.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    59. Re:No need to break what isn't broken by s73v3r · · Score: 1

      Why do those involved with the corporation need additional protecting of their rights? Why do they get more protection than I do?

    60. Re:No need to break what isn't broken by s73v3r · · Score: 1

      Policing them will be much harder when criminal charges all have to be tied to a specific person within the corporation rather than the organization as a whole.

      The CEO is liable. He's the head of the corporation, he should know what's going on inside, and he should be responsible. Now, if there's other evidence that someone else actually did things which were not under the direction of the higher ups, then the CEO can get off.

    61. Re:No need to break what isn't broken by shentino · · Score: 1

      Arthur Andersen lost its accounting license over its role in covering up the Enron scandal.

      It went bankrupt very quickly afterwards.

    62. Re:No need to break what isn't broken by Sarten-X · · Score: 1

      So why exactly is it the exec's fault, again?

      Let's say I'm a lowly Google developer, with orders to write a SSID-sniffing program for the Street View vans. Let's say I decide it'd be easier just to sniff all wireless traffic, despite knowing it might contain sensitive information. Should my boss get in trouble because of my bad choice?

      On the one hand, the boss did give the order, and should know what I'm doing. On the other hand, it's unreasonable to expect a manager to ask about every possible implication of a technical solution to a technical problem. Why shouldn't the blame be passed down to where the bad decision came from?

      --
      You do not have a moral or legal right to do absolutely anything you want.
    63. Re:No need to break what isn't broken by GameboyRMH · · Score: 1

      You want to reward the employees who helped commit the crime?

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    64. Re:No need to break what isn't broken by fishexe · · Score: 1

      we still have quite a few other personal rights that have been given to corporations that shouldn't have

      I'll be glad when this fad goes away.

      It's not a fad. It's a position based on serious reasoning (both moral and legal) and it won't go away until our government stops treating non-persons as having equal rights with living, flesh-and-blood persons.

      The whole reason for corporate personhood is to protect the rights of the people involved with the corporation.

      False. The whole reason for corporate personhood is that a court reporter inserted a headnote into his report of a supreme court decision in order to make the decision assert corporate personhood, and that has been treated as precedent ever since. He did this because he stood to profit immensely from his involvement in railroad corporations if those corporations had far greater rights. In other words, the whole reason for corporate personhood is to enhance corporate power. Prior to the granting of corporate personhood, there is no record of the rights of the people involved with a coproration ever being trampled on simply because their corporation didn't have those same rights.

      If the US dismantled the corporate personhood machinery, it would have to be replaced with something else that does pretty much the same thing. Else groups of people would have their rights trampled. It's not rocket science.

      I would be very interested to see your evidence of this. What individual rights would be trampled on for individuals if corporations were not also guaranteed them? What evidence is there that actual rights-trampling would occur?

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    65. Re:No need to break what isn't broken by shentino · · Score: 1

      Depends, was the line worker's boss negligent in failing to supervise?

      If so, he gets tacked on, then we take a look at HIS boss, and so on.

      Once we reach a high enough level that the chain of command hits someone who qualifies as an agent, vicarious liability steps in and the whole corporation's on the hook.

    66. Re:No need to break what isn't broken by s73v3r · · Score: 1

      The person directly in charge of those who performed the act is responsible. The person directly in charge should be paying attention to what those below him are doing. If his orders came from above, then the person those orders came from is also responsible.

    67. Re:No need to break what isn't broken by betterunixthanunix · · Score: 1

      Groups of people do not have the same rights as individual people; if you are confused about this, just take a look at the government itself, which is a very large and well known group of people which is deliberately restricted from doing certain things (things that individual people can do).

      We could avoid the serious problems that corporations have created by simply bringing back expiration dates for corporate charters. The 14th amendment was never intended to create perpetual corporations, that was just a twisted and stretched reading of it based on a legal fiction.

      --
      Palm trees and 8
    68. Re:No need to break what isn't broken by cayenne8 · · Score: 1, Insightful

      A simple middle ground would be to dissolve more corporations.

      Well, don't be quite so hasty!!

      Remember, in the US, most business and employers are not the huge faceless corporations everyone is going on about...they are small businesses.

      Without incorporation, it would be virtually impossible (or stupid at the very least) for a person or couple of people to try to start their own business. They need that corporate protection so that they can take some risk, but not risk losing everything they own personally (house, cars, kids college fund, life savings) for something even slightly going wrong in their business. Heck, even if they're not even at fault, in today's litigious society...you can get lawsuits thrown at you for nothing...and a person trying to start a new business would get killed automatically for life over something potentially meaningless.

      And also...especially for the small business person, or one person contractor...you NEED the benefits incorporating gives you, the tax breaks. It is about the ONLY way for a person to keep his hard earned wages.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    69. Re:No need to break what isn't broken by Mister+Whirly · · Score: 1

      Tax purposes and to limit the liability. If you sue my corporation, you can't take my personal assets, only the company assets.

      --
      "But this one goes to 11!"
    70. Re:No need to break what isn't broken by s73v3r · · Score: 1

      And we'll completely reject that claim. The Assembly Line worker had no input into the process, they were just a cog in the wheel. You can look at design specifications, engineering memos and the like to see who's responsible.

    71. Re:No need to break what isn't broken by s73v3r · · Score: 1

      No, in this case he's right. They said that limited liability was good for "the public". Unfortunately, when they said "the public", they meant "the top 1%".

    72. Re:No need to break what isn't broken by Sarten-X · · Score: 1

      Please define 'earnings'. Is that the income before expenses? After payroll, but before investments? After some investments, but before investing $50M in an Irish venture capital company, who's investing in a Dutch sandwich shop? After expenses, investments, and taxes, where the corporation conveniently only made a $20,000 profit this year?

      --
      You do not have a moral or legal right to do absolutely anything you want.
    73. Re:No need to break what isn't broken by 0111+1110 · · Score: 1

      Yes. I can see that it is certainly of great benefit to new businesses and to investors. But the poster you responded to was asking about the benefits to society. Those are not so easy to trace. Not every startup is a net benefit to society. Especially if it fails and the creditors take the fall. It could be argued that on the contrary this sort of free insurance policy is paid for by everyone else who has to pay higher interest rates on their loans or even higher taxes and inflation of the money supply due to banks failing which are considered "too big to fail" by the government. I happen to think that limited liability corporations and their absurd personhood are a net loss on any society that permits/encourages them. A company without such limited liability and without any "rights" as a person is of much greater value to society.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    74. Re:No need to break what isn't broken by sjames · · Score: 1

      The shareholders aren't likely innocent. They are at best negligent. Many are probably willfully ignorant. In any event, they can always sure the CEO for fraud. Most of the employees are innocent and so should get a generous severance even if it's not in their employment contract.

      It's not meant to hurt people, it's meant to keep people and the whole of society from being hurt.

    75. Re:No need to break what isn't broken by drinkypoo · · Score: 1

      If it encourages more responsible investment, e.g. actually knowing something about who is running the company and whether they are a lying shitbag, then it's a good thing.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    76. Re:No need to break what isn't broken by sjames · · Score: 1

      The majority of the employees likely knew nothing about the crimes, had no authority to look into it, and no authority to prevent it. We have existing laws to take care of the cases where that is not the case.

    77. Re:No need to break what isn't broken by maxume · · Score: 1

      My goal isn't to dissolve all corporations, it is to use dissolution as a check on corporations that act badly, based on the presumption that the corporate structure that existed was likely part of the problem.

      I do not think it should be the solution to every problem with a corporation, but if it is clear that a corp is not a benefit to the public, there is no reason to continue extending it the benefits that you list.

      --
      Nerd rage is the funniest rage.
    78. Re:No need to break what isn't broken by Americano · · Score: 1

      Yeah, good luck finding the memo that says "Engineer Bob, doesn't matter if the gas pedal is dangerously broken, I don't care. We need to ship tomorrow. Signed, TEH EVULZ CEO."

      And since the design problem will likely fall at the level of engineering or below, again, good luck collecting your judgement, and have fun destroying a salaried employee's life in revenge for what - almost certainly - was an innocent mistake or oversight, while the C*O's and management laugh all the way to the bank.

      Oh, and also have fun trying to unravel the internal reporting & responsibility structure in any corporation larger than a handful of people. Bet your lawyer will love the fees he'll get for finding a reason to file & prosecute a suit against 500 different people. Sounds like you could spend most of a career on that single bit of litigation.

    79. Re:No need to break what isn't broken by jimrthy · · Score: 1

      On the flip side of this, I managed to corner a lawyer when his defenses were down, and actually got a few straight answers out of him.

      He's a Liberal Democrat, who openly despises capitalism, money, and corporations in general.

      He claimed that the *real* reason corporations are considered "people" is that's the only way the courts can inflict punishment on collective wrong-doing.

      Since BP's considered a person, the courts can fine it as a slap on the wrist for the Deepwater Horizon spill.

      If it had just been a bunch of people acting as individuals, they'd have never been able to sort out who was responsible for which decision, and which decisions actually caused the mess. The government would have wasted tons more money figuring out who to prosecute, and, in the end, no one would have ended up getting punished.

      Take it for what it's worth. Personally, I think this is evidence that "our" system is more completely borked than I ever imagined.

    80. Re:No need to break what isn't broken by shentino · · Score: 1

      Corporate run media systems that prevent spineful politicians from getting elected.

    81. Re:No need to break what isn't broken by maxume · · Score: 1

      Creditors have every opportunity to refuse credit, that's protection enough for them in my book (and if they are making bad decisions about extending credit, a well functioning market will drive them out, not allow them to charge higher interest...).

      I guess it is sort of hard to make a comparison, most successful economies allow incorporation (so we don't really have a way to examine what would happen in a well functioning economy that did not allow it).

      --
      Nerd rage is the funniest rage.
    82. Re:No need to break what isn't broken by shentino · · Score: 1

      Ford's son might have had to pay inheritance tax on his share of the corporation if he had them when dad died.

    83. Re:No need to break what isn't broken by bhagwad · · Score: 1

      Earnings in this case can be taken to mean that amount which is finally distributed to shareholders. That should take care of everything!

    84. Re:No need to break what isn't broken by Americano · · Score: 1

      You can't completely reject the claim without reviewing it first, can you? Or do you assume that assembly line workers are never negligent, or simply overlook things, or have a bad day, or even do downright malicious things?

      All you've done is increased the number of lawyers and defendants and plaintiffs yelling at one another, and you'll probably end up unable to collect your judgement, since the bulk of the fault will probably end up being found in the engineering and manufacturing areas. So you don't get your money, or everybody in the world is then required to start carrying their own professional liability insurance if they don't want to end up living on the streets as a result of having a bad day at work and screwing something up. What a great solution you're offering.

      How is this a better outcome than being able to sue the "corporation"? Or have you (mistakenly) assumed that every suit against a corporate entity is for things like the fraud & deception of Bernie Madoff, or Enron? (Two examples where individuals *did* bear criminal responsibility for the actions of their companies, it's worth noting, as well.)

    85. Re:No need to break what isn't broken by brunes69 · · Score: 2

      The reason for corporate person hood is so that if you are working at your $5 / hour minimum wage job at McDonalds and serve someone coffee and they burn their face off, they don't sue YOU for negligence.

      Without corporate person-hood there would be no way for anyone to sue corporations in civil suits.

    86. Re:No need to break what isn't broken by khallow · · Score: 1

      I think it's worth looking at the early cases that established corporate personhood. For example, the earliest case in 1819 involved the state of New Hampshire trying to take over Dartmouth College. An analogous maneuver today could include takeovers of large non-profits such as the American Red Cross, electricity coops, or non-profit lobby groups. Obviously, you couldn't co-opt the people of the organization, but their property and any legally recognized presence could be vanquished.

      The second case in 1886, Santa Clara County v. Southern Pacific Railroad is remarkably subtle. California had established a new constitution and one feature was that it had a different taxation scheme for individuals than corporations. An individual could deduct the debt owed on property from the value of the property for the purpose of paying property taxes.

      The Supreme Court decided the case on what appears to me to be a technicality, namely, that Santa Clara County had including fences, which were owned by other people, in the property valuation. The court reporter however had written that the court decided that the 14th Amendment should apply (namely, the Equal Protections clause) to South Pacific RR despite it not being a person.

      These early cases present I think the single biggest spur for the creation of corporate personhood, namely, a means to protect businesses, even ugly ones, from the avarice of the state.

      The second category of rights to consider is those covered by the First Amendment. For out purposes, I think the most important two are the freedom of speech and the right to petition government for redress of grievances. For example, corporate speech (such as press releases, official comments by executives of the corporation, etc) can be deeply incorrect and self-serving, but it is still speech. Even so there are curbs on it, such as laws against false advertising and slander/libel law.

      But why should it be illegal (as I believe some feel) for an oil/coal corporation to fund an anti-AGW movie or other propaganda or for officials of the company to make similar public statements? The freedom of speech clause is very generous. And it doesn't matter who writes your paycheck when it comes to your speech. You are allowed to speak on behalf of another, even a corporation for profit. You may have privileges, such as being a public official or in the process of raising funds for an IPO, where the speech may cause those privileges to be revoked (even that you make face criminal charges), but in general, paid for speech is permitted under the US Constitution. It shouldn't make a difference whether the speech comes from a corporation or not.

      Similarly, a corporation like any other manifestation of human intent should have the right to petition government for redress. The sticky problem is campaign donations. I'm of the opinion that the characteristic of being a corporation is mostly irrelevant. Big money has many ways legal and otherwise to funnel money to politicians.

      Finally, there's the actual privileges of a corporation such as its owners have limited liability (in the case of a business-style corporation), substantial legal protections (as for a labor union), and tax exempt status (for non-profits and religions). None of these are affected by or addressed by corporate personhood.

      As I see it, the biggest problems of corporations stem from their privileges, bureaucratic or dogmatic dodging of responsibility for negligent or illegal actions, or from the fact that they often have a lot of money and power, not from the legal mechanism of corporate personhood.

    87. Re:No need to break what isn't broken by patjhal · · Score: 1

      What the hell are you talking about. I have never known corporations to be charged with crimes. They get fined and sued, but I do not remember one being put in jail (lets say the equivalent would be not allowing it to do business of any type for some period of time) or executed (being taken apart and sold, the closest thing I can think of for that is committing the ultimate American sin of not making a profit and going bankrupt). The problem with corporate person-hood is they are given rights without the risk of real punishment. I can't believe people are arguing corporations being treated like people as a good thing.

    88. Re:No need to break what isn't broken by scamper_22 · · Score: 1

      "Unfortunately in the real world no one wants to accept responsibility for the consequences of their decisions."

      That's kind of the big issue isn't it.

      In the real world, justice needs to be done and things resolved.

      If your building collapsed after hiring construction company X to do some work... you want to be compensated and move on with your life.

      For all you know, it might have really just been a total accident. The worker was qualified and trained. Everything was on the up and up. Crap still happens.

      Having a full blown institutional investigation is just not practical and hardly ever comes up with a 'this person or this group is to blame'. There's always lots of blame to go around. heck, you can really go on tangents. Maybe you should sue the government if the worker was operating a crane... and you think crane operators should be regulated and licensed if they're so dangerous.

      Anyone who works probably faces the same kind of issue when projects fail. It's just not that practical.

      And so our justice system does the only thing it can practically do to have a working society... it blames the whole institution.

    89. Re:No need to break what isn't broken by jimrthy · · Score: 1

      You can't put a corporation in a jail cell to be Bubba's wife.

    90. Re:No need to break what isn't broken by 0111+1110 · · Score: 1

      So you don't believe that we should have to take responsibility for our actions as long as our actions were taken on behalf of our employer? If I work as a contract killer should I be immune from prosecution because I had no personal stake in the murder? Because I was just doing my job? What if my company asks me to steal documents from a competitor (industrial espionage), or dump toxic chemicals in a river? I believe that everyone should be responsible for their actions even if they are being paid to do them. We can say no or even quit if necessary. If you would normally be prosecuted for or responsible for something as an individual I don't see how getting paid to do the same thing should absolve you from said responsibility. A corporation is just a group of individuals and no legalese doublespeak is going to change that basic fact.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    91. Re:No need to break what isn't broken by jimrthy · · Score: 1

      Hard to get much more serious than Deepwater Horizon.

      How many people died? Environmental devastation, swept under the rug. There are still worries about species going extinct, and how safe fish from the Gulf are to eat.

      BP got a slap on the wrist over it.

      What would be "serious enough"? And what does "liquidated" actually mean in this context?

    92. Re:No need to break what isn't broken by jimrthy · · Score: 3, Informative

      Ah, yes. Good ol' Dutch East Indies. We really should have learned from their monstrous example, realized corporate personhood is one of the single worst ideas ever, and moved back to sanity.

    93. Re:No need to break what isn't broken by spire3661 · · Score: 1

      How does something that is defined as a person but is free form the consequences of personhood (jail time, death penalty etc) 'work'? Its inequitable and effectively gives a corporation MORE rights then a citizen. Corporations should be trated as what they are 'limited licenses by the public to do business'. No company should be considered an entity with inalienable rights, in fact quite the opposite. It is a construct that is allowed by THE GRACES OF THE PUBLIC that should be able to be dismantled if the public finds it necessary.

      --
      Good-bye
    94. Re:No need to break what isn't broken by cayenne8 · · Score: 1

      Except for the minor detail that it doesn't apply to most things folks complain about. There's a defined list [cornell.edu] of offenses RICO can be used with, but things like "sneaky use of contracts" and "changing opinions" are not in there. Sure, there's a few general items, like "wire fraud", which can be stretched to cover anything done online, but it's a pretty long stretch. RICO isn't designed to make prosecution of corporations easier. It's designed to target specific behavior patterns common to organized crime.

      Actually...RICO is a good example of US laws being used and extended in ways there were NEVER intended. RICO has been bastardized to go after regular non-criminal businesses and more...

      That's why it is a VERY good idea to argue and almost fight every law, because so far...there's been very few laws passed that the govt. hasn't taken full advantage of...and often used in new and creative new ways that help to squash peoples rights.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    95. Re:No need to break what isn't broken by spire3661 · · Score: 1

      I will never understand people that think that the only possible way to construct laws to protect corporations is to give them inalienable rights as a person. Its a complete logic fail. Coporate personhood is a blaspheme against natural humans. No human construct should ever be put on the same level as a human, for it risks diminishing us all.

      --
      Good-bye
    96. Re:No need to break what isn't broken by MattSausage · · Score: 1

      I seriously doubt the vast majority of customers check their merchant's political donations (or perhaps they do as I do and just assume they support anti-regulation Conservative candidates). Market forces would only work insofar as the candidates supported by mega-corporations allowed the market to work on their supporters. Much like the oil market in the U.S. today. I doubt anyone will suggest the free market is at work in the US Oil Market, and I believe it's laughable to suggest that a lack of free market pressure has in some way been detrimental to it.

      As far as forming a corp gives up rights: First, I disagree with the premise. I do not see how investing in a corporation and setting it up with a board of directors somehow infringes upon your rights. Which rights are you referring to? Secondly, you voluntarily gave up those rights, and while the metaphor may be heavy-handed, just like criminals give up their right to vote when they commit a felony.

      The Declaration of Independence mentions "inalienable human rights", and inalienable is defined as "incapable of being repudiated or given to another" (emphasis mine). Where exactly they get the idea that Corporations are equal to humans is absolutely foreign to me. And if they do in fact believe this, they what does the ruling discussed in the article mean for personal, individual right to privacy?

    97. Re:No need to break what isn't broken by memnock · · Score: 1

      Well, I did not say to apply RICO to corporations. I said "... use a similar idea for corporate ..." In other words, the RICO model of going after distributed organizations that perform certain acts seems to work. In this case, focus on business-related issues.

    98. Re:No need to break what isn't broken by Americano · · Score: 1

      So you don't believe that we should have to take responsibility for our actions as long as our actions were taken on behalf of our employer?

      Please explain how you arrived at the conclusion that this is my position based on anything I wrote? Or did you simply not bother to read it in your haste to tell me that I'm totally wrong?

      I specifically gave you 2 instances where individuals *were* held responsible for criminal conduct taken on behalf of their companies. I never suggested it was unwarranted, undeserved, or somehow wrong for this to happen. Just as, if you commit murder, you're still guilty of murder, regardless of who paid you to do it.

      What I said was that the BULK of corporate litigation is of the "I was sold a defective product," or "I want medical expenses for my slip-and-fall at Walmart" variety - negligence and accidents by low- and mid-level employees which harm or damage someone somehow, and which it simply is not efficient, effective, or even plausible that "suing everybody individually, from the line worker to the CEO," is a workable outcome. Managing a lawsuit against, apportioning blame amongst, and collecting a judgement from 5,000 employees is a logistical nightmare which would rapidly swamp any legal system you tried enacting it under. It's easier, faster, and far more efficient to sue "the company", and let "the company" apportion blame internally after it's settled its legal issues.

      A corporation is just a group of individuals and no legalese doublespeak is going to change that basic fact.

      It's not "just" a group of individuals, and no amount of tritely oversimplified demagoguery is going to change that basic fact.

    99. Re:No need to break what isn't broken by Requiem18th · · Score: 1

      You would be less of a troll if you provide some examples of individual rights that can't be protected without granting corporate personhood. Please.

      --
      But... the future refused to change.
    100. Re:No need to break what isn't broken by 0111+1110 · · Score: 1

      Without incorporation, it would be virtually impossible (or stupid at the very least) for a person or couple of people to try to start their own business. They need that corporate protection so that they can take some risk, but not risk losing everything they own personally (house, cars, kids college fund, life savings) for something even slightly going wrong in their business. Heck, even if they're not even at fault, in today's litigious society...you can get lawsuits thrown at you for nothing...and a person trying to start a new business would get killed automatically for life over something potentially meaningless.

      Ah, the "limited liability" argument again. Have you ever considered it from the POV of the creditors left holding their dicks? Why should you be able to just walk away from responsibilities, promises to pay, and contractual obligations just because you fucked up? Since you want to consider small businesses, how about the other small businesses you screw over when you rely on your limited liability get out of jail free card? How about a small bank who trusted you and lent you money and gave you the chance you needed to become rich or realize your dreams? How about taking some fucking responsibility for the consequences of your actions?

      If these licenses to create a faceless non-human sociopathic entity that pursues profit at any price which we call 'corporations' were not available there would probably be this thing called "insurance". Maybe you have heard of it. Buy as big a policy as you think you need and you pay the premiums necessary to reduce your risk as much as you feel comfortable with instead of relying on the rest of society to pay them for you in terms of all of the consequences of absorbing that liability if you fail. As economists like to say, TAINSTAFL. You may not have to pay for your failure, but you can be sure that others will. Others who maybe didn't get the chance you had to strike it rich or follow your dream. Maybe the guy who lent you money at the bank will get fired and have to get a job as a Walmart greeter for his obviously poor decision. What about him? He also made a mistake. The difference is he will have to live with the consequences and you won't. What makes you so special just because you tried to start a business? So you see the counter arguments work like that. It's so funny how all of us hate creditors so much that they are not deemed worthy of even the slightest consideration. I don't like them either, but of course. I'm still willing to take their money when they offer it.

      Of course they too are evil corporations. The reason that they are evil is due to human nature. Because human beings are inherently evil, especially in groups. Give a bunch of human beings power or the opportunity to make money and take away the responsibility for their actions and evil is what you get. You bring out and encourage the very worst of human nature all in the name of economic prosperity. Maybe we should start considering the price of the extra prosperity that all this ruthless profit-trumps-all corporate culture buys us. Is it worth living in a society of uncaring selfish robots who would stab their own mother in the heart for an extra dollar? That sort of thing.

      No matter how pro-corporation you may be I think anyone should at least be able to see that a business owned by a single individual is much more likely to act in an ethical manner, is much more likely to consider reasons for being in business other than making money. Motivations like making the best product or offering the best service. Or selling a product/service that no one else does. Yes those things *can* also make you more money, but that isn't the only reason you are in business. Corporations by their very nature will make as much money as possible as quickly as possible and are not motivated by anything else. Even if their limited liability really is of net benefit to society (which I doubt), the fact that they bring out the worst in people and themselves behave like the very worst human beings seems like reason enough to abolish them or at least fix the parts that cause them to behave so badly.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    101. Re:No need to break what isn't broken by khallow · · Score: 0

      But the poster you responded to was asking about the benefits to society. Those are not so easy to trace.

      Primarily because society and its benefits are wholly subjective terms.

      Not every startup is a net benefit to society. Especially if it fails and the creditors take the fall. It could be argued that on the contrary this sort of free insurance policy is paid for by everyone else who has to pay higher interest rates on their loans or even higher taxes and inflation of the money supply due to banks failing which are considered "too big to fail" by the government.

      There's a remarkable level of ignorance here. There are people who specialize in funding startups. And they make a lot of money. Further, banks do not fund start ups by giving them money. They'll offer collateralized loans.

      Please, read up on how the pros fund startups rather than continue to suffer in ignorance. A good system is gradual. The startup develops a business plan and raises modest funding to prove the concept. If it survives and does well, then there are all sorts of ways to grow the business to a long term, viable level. You can borrow money from banks, you can get venture capital or angel investors, or you can merely build the business up from the profits you receive.

      At each phase of growth in a new business, the business has already proven itself before. The bank doesn't just throw 100 million at a startup and hope it sticks this time.

      Banks failed because of 50 to 1 leverage not corporations or failed startups.

      I happen to think that limited liability corporations and their absurd personhood are a net loss on any society that permits/encourages them. A company without such limited liability and without any "rights" as a person is of much greater value to society.

      You can happen to think whatever you want. But where I come from, we don't take seriously anyone who can't provide a good reason for their opinions.

    102. Re:No need to break what isn't broken by Anonymous Coward · · Score: 0

      This is a fallacy. What personhood was intended to do was shield those people who make up the corporation from redress for actions the corporation takes that negatively impacted the rights of individuals not a part of that corporation.

      Corporations were once relatively rare entities. Often they were formed only for short time periods, to achieve specific goals (say, building a road). Once the time period was up and/or the goal was achieved, the corporation was dissolved. During this early period of American history, any action the corporation took, the people that made up the corporation could be held accountable for (and rightly so). If the corporation (read: group of people) decided to cut corners and rather than buy land to build the road (say they decided to threaten current owners with beatings), they then could *all* be charged with a criminal offense, not just the middle manager doing the threatening. The personhood status effectively removes this in many situations such that now only the middle manager can/will face charges.

      Progress to the mid-1800s, the number and power of corporations grew immensely. Around the Civil War, these corporations become hugely powerful (especially those who profited from it). This is when you start to see a lot of these corporate cases come up. At the same time, they are using their money/power to influence politicians and judges (sound familiar?). By the 1890's personhood status is simply assumed. (This is a whole other mess in that the courts did not actually hear arguments on this, and that fact is even written in the major decision oft cited, Santa Clara vs Union Pacific, I believe). Around the same time, the new financial technology called "stocks/shares" is invented in it's more modern form and members of the "public" can now buy "shares" in these previously time-limited, goal specific, private, organizations.

      Anyway, sufficed to say, the matter of personhood has never even truly ever been tried in court to any real extent. The status is "granted" (assumed) via a an earlier decision which had little to do with personhood itself and in later cases (such as the Union Pacific decision) arguments about this were not heard (even though this case is oft cited as a decision on personhood). What the personhood assumption essentially does is remove culpability of the majority of those who make up the corporation.

      Sure, individuals WITHIN the corporation are still culpable, yet the corporation (i.e.the other people within it) are not. Take the savings and loan scandal of the 80's Bank of America's charter rightly should have been dissolved, it's board, executives, etc should have been charged with criminal offenses. Since personhood is assumed, brokers and managers got charged with fraud while those above them simply walk away with the money. Bank of America continued on and played a nice role in the recent CDO/fraud/crimes that had a large part in causing the current depression. Another example is BP. It's charter should be dissolved (or at least be prevented from doing business here) due to the negligent homicide/involuntary manslaughter of workers of the Deepwater Horizon oil rig.

    103. Re:No need to break what isn't broken by Kjella · · Score: 1

      As I understand it the point of RICO is that you can't be part of a criminal organization and get away with it because you're not doing the actual criminal acts, they assume you know it's criminal in nature. It's not a secret that a drug cartel smuggles drugs, no matter what part you have. OTOH it was a pretty big secret that Enron was a huge case of institutionalized accounting fraud, even to the vast majority of the employees.

      And one thing is active malfeasance, but how about neglect? Sometimes through poor organization and communication - and lord help us if that becomes a crime - no employee has really been grossly, criminally negligent but the company as a whole might have been. Of course you can just ride it all the way to the top and say the CEO is responsible for everything but that'd only lead to crazy risk premiums on being the CEO and no real effect on everyone else. Also you'll probably get another ton of CYA and impossible to follow process that everyone will break until shit hits the fan - then it's your fault for violating procedure.

      --
      Live today, because you never know what tomorrow brings
    104. Re:No need to break what isn't broken by pclminion · · Score: 2

      I don't think it has to do with the employees, it has to do with the investors. If I own stock in McDonald's I don't want to be personally sued when some idiot serves scalding coffee and burns someone. If I could be held to that sort of liability then I'd never bother to invest in anything. I'm willing to take financials risks, not legal risks.

      Imagine you have a company 401(k) plan which invests in a mutual fund, and within that mutual fund is a company that is discovered to be committing human rights violations. Imagine that you could be prosecuted and imprisoned for the actions of a company you were not even aware you were investing in. Would you risk it?

    105. Re:No need to break what isn't broken by khallow · · Score: 1

      it won't go away until our government stops treating non-persons as having equal rights with living, flesh-and-blood persons.

      As long as you keep spouting this crap, I'll keep treating you as the child you are. Once again, corporate personhood is a legal machine, a process, a fiction. Corporations aren't being treated as having equal rights with living flesh-and-blood persons. You are simply wrong here.

      The whole reason for corporate personhood is that a court reporter inserted a headnote into his report of a supreme court decision in order to make the decision assert corporate personhood, and that has been treated as precedent ever since.

      Read the Wikipedia article. The Chief Justice okayed it. What probably happened is that a big part of the Court had probably been looking for a good case to put forth the notion of corporate personhood. They probably talked about it a lot during discussion of the case and excluded it once they found a serious technicality in the case. The court reporter just jumped the gun a little.

      I would be very interested to see your evidence of this. What individual rights would be trampled on for individuals if corporations were not also guaranteed them? What evidence is there that actual rights-trampling would occur?

      Look at the Wikipedia article. The two cases it mentions are great examples of what would happen. Dartmouth College almost got taken over by the state of New Hampshire. The life of private charter organizations such as corporations would be a lot worse off, if states could grab them any time they felt greedy.

      The second case is interesting because the corporations are taxed in a worse way than individuals. The Supreme Court didn't explicitly rule on it, but it's clear in hindsight that a significant part of the Court thought the corporation should be taxed the same way through the equal protection clause of the 14th Amendment. Think about it. Why should my business be taxed worse than yours because I use a funny structure?

      The reason for the existence of corporate personhood in the first place is to protect them from the avarice of government. That hasn't changed over the centuries.

    106. Re:No need to break what isn't broken by Anonymous Coward · · Score: 0

      The rights being talked about are the rights of the shareholders.

      In today's corporate culture, shareholders have no rights. They are merely another form of creditor.

    107. Re:No need to break what isn't broken by 0111+1110 · · Score: 1

      and you'll probably end up unable to collect your judgement, since the bulk of the fault will probably end up being found in the engineering and manufacturing areas. So you don't get your money, or everybody in the world is then required to start carrying their own professional liability insurance if they don't want to end up living on the streets as a result of having a bad day at work and screwing something up. What a great solution you're offering.

      That is mainly what I was replying to. You seem to be implying that a worker should not have to take responsibility for "having a bad day at work". If that bad day results in harm to someone else then, at least IMHO, he should be willing to take responsibility for that harm. Period. OTOH, I am not saying that it should be impossible to sue a corporation either if the blame is sufficiently dilute. I agree that as a practical matter it may not be possible to find out who made the decisions, gave the orders, and then proceeded to carry out the orders that resulted, say, in dumping toxic chemicals or whatever the crime may be.

      As far as the slip and fall litigation I see that as another issue. Many of those cases are frivolous. Again, people need to take responsibility for their own actions and not see a corporation as some kind of lottery ticket whenever anything bad happens to them.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    108. Re:No need to break what isn't broken by khallow · · Score: 1

      Groups of people do not have the same rights as individual people; if you are confused about this, just take a look at the government itself, which is a very large and well known group of people which is deliberately restricted from doing certain things (things that individual people can do).

      Corporations aren't governments.

      We could avoid the serious problems that corporations have created by simply bringing back expiration dates for corporate charters. The 14th amendment was never intended to create perpetual corporations, that was just a twisted and stretched reading of it based on a legal fiction.

      Nonsense. It took me 10 seconds to come up with the idea of rolling corporations. Roll over the assets and employees of a corporation into a successor. There's no credible solution to any problem here.

      Your "twisted and stretched" reading of the 14th amendment is just, as I said, a natural consequence of the need to protect the rights of the people involved with the corporation.

    109. Re:No need to break what isn't broken by 0111+1110 · · Score: 2

      The reason for corporate person hood is so that if you are working at your $5 / hour minimum wage job at McDonalds and serve someone coffee and they burn their face off, they don't sue YOU for negligence.

      They wouldn't do that in the first place because someone working at McDonalds wouldn't have any real money. No one should be able to sue someone (and win) when they spill hot coffee on their face anyway. Hot coffee is what they ordered. This sort of evasion of personal responsibility is so pathetic and part of the reason why corporate personhood itself is such a bad idea. People have to take responsibility for their own actions.

      On the other hand if you are waiting tables and spill hot coffee on someone's face and cause them real harm you should be prepared to accept responsibility for that.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    110. Re:No need to break what isn't broken by khallow · · Score: 1

      Personally, I think this is evidence that "our" system is more completely borked than I ever imagined.

      In other words, "it works". I wish this would sink in a little. The Courts didn't come up with corporate personhood because they were giving out freebies to corporations or mortally insulting the flesh-and-blood, real people. They were trying to solve a legal problem in a simple way. I believe they succeeded.

    111. Re:No need to break what isn't broken by kent_eh · · Score: 1

      And so our justice system does the only thing it can practically do to have a working society... it blames the whole institution.

      Yup.
      But then the institution often goes looking for an internal scapegoat, and punishes them somehow. Generally (in my experience) that scapegoat is well below the decision making rank within the organization. They may have even pointed out the risks and been told "just do it" from above.
      Jaded? Me?

      --

      ---
      "I can't complain, but sometimes still do..." Joe Walsh
    112. Re:No need to break what isn't broken by jimrthy · · Score: 1

      The U.S. has been moving steadily back to the feudal system since that decision. Coincidence?

    113. Re:No need to break what isn't broken by xero314 · · Score: 1

      Imagine that you could be prosecuted and imprisoned for the actions of a company you were not even aware you were investing in.

      What a scary world where people might have some moral responsibility for the capital they control. How would arms and drug dealers every make money. Next thing you know we'd stop holding firearms owners responsible for the use of their firearms. Oh wait, we don't do that either.

      Western society would collapse if people where culpable (not that that it would be a bad thing).

    114. Re:No need to break what isn't broken by khallow · · Score: 1

      How does something that is defined as a person but is free form the consequences of personhood (jail time, death penalty etc) 'work'?

      Look at your question. You already admit that it is not defined or treated as a person. You can't jail it or kill it. There are the other usual things: it doesn't vote, it can't marry, etc. It is not being treated as a person. Corporate personhood is a legal fiction which uses the model of personal rights to create an analogue model of limited rights for corporations.

      No company should be considered an entity with inalienable rights, in fact quite the opposite.

      Once again, a corporation has rights because it inherits them from the people involved with the corporation. If you really believe in inalienable rights, then the corporation has them, whether you consider it to have them or not.

      It is a construct that is allowed by THE GRACES OF THE PUBLIC that should be able to be dismantled if the public finds it necessary.

      And this is why the US has a representative democracy not a true democracy. Because things shouldn't happen merely because the "public" finds it "necessary".

    115. Re:No need to break what isn't broken by khallow · · Score: 0

      I will never understand people that think that the only possible way to construct laws to protect corporations is to give them inalienable rights as a person.

      I've already said this to you in more detail, but if you truly believe that inalienable rights exist, then corporations have them because they are comprised of people with inalienable rights.

      No human construct should ever be put on the same level as a human, for it risks diminishing us all.

      Nonsense. The corporation isn't on the same level as a car or a building. It is a legal and physical manifestation of the intent and desires of its owners, employees, and customers.

    116. Re:No need to break what isn't broken by Anonymous Coward · · Score: 0

      Next thing you know we'd stop holding firearms owners responsible for the use of their firearms. Oh wait, we don't do that either.

      This is a lie. You are a liar.

    117. Re:No need to break what isn't broken by khallow · · Score: 1

      I'd say delusion.

    118. Re:No need to break what isn't broken by ConceptJunkie · · Score: 1

      See it isn't that simple. Yes, it would help if people understood the issue better. I don't claim to. However, corporate personhood still means that really nasty things happen that involve corporations where people feel, with at least some merit, that no person was held accountable, and that the punishment does not fit the crime (i.e., is too lenient) because ultimately, a corporation can no more do right or wrong than a gun or an alligator or an operating system.

      While corporate personhood is a legal construct that is believed to help the legal system in its goal of justice, it simply does not seem possible to me for a corporation to have broken the law without a human being, willfully or not, also breaking the law. Yet, it seems to me, and is often the public perception, that too often even when there's a guilty verdict, the real crooks still get away with it.

      --
      You are in a maze of twisty little passages, all alike.
    119. Re:No need to break what isn't broken by memnock · · Score: 1

      I think I get your point. If the CEO's secretary gave the head accountant a message from the CEO about dropping GAAP procedures for updated GAAP procedures, but leaves off the second part, sounds like someone said to ignore GAAP. If the head accountant is a yes man and no one's using GAAP or some other reasonable protocol, there might be some problems. Is that the secretary's fault? I'd feel bad about blaming her. But in this off-the-cuff example, it'd seem to me that it'd be the head accountant's responsibility to see what message was actually supposed to be about. OTOH hand, maybe the secretary is inept. From the little bit I know about the law, that's not an excuse. But like I said, that's a pretty crappy way to go down. Still, for those that know better, the CEO and accountants, if they're messing up, they should be accountable.

    120. Re:No need to break what isn't broken by khallow · · Score: 1

      This is a fallacy. What personhood was intended to do was shield those people who make up the corporation from redress for actions the corporation takes that negatively impacted the rights of individuals not a part of that corporation.

      There two blatant errors here. First, learn what the word "fallacy" means. It doesn't mean "an argument I disagree with". Second, the limited liability corporation long preceded the idea of corporate personhood. I already explained why corporate personhood came about. If you ever have a relevant argument to debate, then sure we can talk about it. But you have to understand the basic concepts first.

    121. Re:No need to break what isn't broken by ConceptJunkie · · Score: 1

      The whole issue of political contributions boils down to an unfortunate flaw that cannot be fixed from our political system (nor from any political system ever devised because it's a fact of human nature): Whoever speaks the loudest tends to be elected.

      Money equals access to communication, whether it's TV ads, newspaper ads, people going door-to-door with pamphlets, or anything else. It is certainly possible (and in fact quite reasonable because other countries do it) for the government to provide a level playing field for all candidates to be able to make their cases to the public whether through newspapers, televised debates or what have you. Then the population, free to access all this information, can decide who they think is best and vote for him or her.

      The problem is that the public won't do that. You are not going to reach most of the public unless you air commercials during "Dancing With the Idols" or football games, and even then you aren't going to rise above the noise level of other advertising unless you present your case with all the breathless hysteria of a "War of the Worlds" re-enactment.

      Therefore, communication == votes, and money == communication so money == votes.

      No form of campaign reform is ever going to change that, nor is there any way, without massive violations of Constitutional rights, for rich people (or their friends) to not have a significant and unfair advantage by virtue of their being rich.

      Recent legislation and court rulings may have shifted this around a little bit, making it a little better or a little worse is irrelevant. It's not going to fix the problem.

      --
      You are in a maze of twisty little passages, all alike.
    122. Re:No need to break what isn't broken by Anonymous Coward · · Score: 1

      First off, that doesn't answer the question.

      Second, you'll find on Wikipedia that corporations are "legal persons", which are different than "natural persons" like human beings. It is their legal rights that are being protected, such as [and this is the answer to the GP] the right to enter into contracts with other corporations and natural persons, right to privacy (with limitations, like quarterly financial reports and reporting any crimes to the police), and a (sometimes) limited right to free speech with limitations on things like false advertising, misleading federal investigators, and what used to be considered political speech like contributing money directly to candidates near elections and not putting their name on political advertisements.

      This is entirely different than the rights of natural persons who have a guaranteed right to privacy except when being criminally investigated, the right to lie at any time for any reason while not under oath, and the right to contribute as much money as they wish to political campaigns at any time.

      The probably most persuasive arguments against giving corporations rights are (a) that the people in the corporation retain their rights as natural persons while working for a corporation so their rights do not need additional protection, (b) the buying power of corporations is much greater than the buying power of individuals and so therefore should be restricted to prevent inherent skew in campaign contributions (corporations typically donate to Republicans than to Democrats), and (c) corporations are not people and should not be given the term person, call them something like "corporations" and give them "corporate rights" that have nothing to do with the rights of people.

    123. Re:No need to break what isn't broken by khallow · · Score: 1

      However, corporate personhood still means that really nasty things happen that involve corporations where people feel, with at least some merit, that no person was held accountable

      A two word rebuttal, "quantitative easing". Even now central banks make all sorts of dubious decisions such as buying almost 3 trillion dollars worth of bonds with phantom money. People have feelings about that as well.

    124. Re:No need to break what isn't broken by khallow · · Score: 1

      You would be less of a troll if you provide some examples of individual rights that can't be protected without granting corporate personhood. Please.

      My point isn't that corporate personhood is the only way to protect these rights, but rather that it is a way that works. As I said, if we removed corporate personhood while maintaining a serious respect for the Constitution and the laws of the land, we would have to replace it with something that does much the same thing.

    125. Re:No need to break what isn't broken by pclminion · · Score: 1

      What a scary world where people might have some moral responsibility for the capital they control. How would arms and drug dealers every make money.

      I didn't say there's no moral responsibility. But if I put 3% of my salary in a 401(k), and the 401(k) includes BumFuck Corporation, and BumFuck acquires AssRam Corp, and an employee at AssRam decides to make death threats on somebody, fuck you if you think I'm responsible for that. If you're going to hold me responsible then I will not invest in anything. Good luck raising capital when you dangle the Sword of Damocles over everybody. Holy shit, I'm not talking about financing the Nazi Party here.

    126. Re:No need to break what isn't broken by Anonymous Coward · · Score: 0

      At some point, perhaps when the corporation has committed 3 felonies, the dissolution becomes mandatory. Should that happen, first dibs on the assets go to the employees for a reasonable severance package (even if it's not in their employment contract), then debts, then a dividend to the shareholders. The execs can forget their 'performance bonus' since they have failed utterly.

      Cool. Now we can finally get rid of Ballmer. Let's get 3 of us hired by Microsoft and, in turn, commit felonies on Microsoft's behalf. After the 3rd, Ballmer's out of a job!!

      Who's with me?

    127. Re:No need to break what isn't broken by Americano · · Score: 1

      You seem to be implying that a worker should not have to take responsibility for "having a bad day at work".

      No, I'm implying that by removing the corporate personhood, you're forcing the plaintiff to spend time, money, and tons of effort determining for themself exactly which employee is the one who had a bad day, so that you can bring a lawsuit specifically against them. After all, if there's no "corporate" entity, Toyota doesn't give a shit about your lawsuit - you think their car caused your wife's death due to the negligence of someone at Toyota? Great, go figure out which person specifically was negligent, and sue them directly! And if you're wrong, pick a new target, and try again.

      Or, you can file a suit against "Toyota," and turn Toyota's vast resources towards figuring out exactly what went wrong, why it went wrong, and who specifically had a bad day. In the former case, you're spending years of your own time in a fruitless search for someone to blame. In the latter case, you know that "someone at Toyota" screwed up, and the lawsuit is a way to compel them to assist you in both finding out who did it, and compensate you for your damages.

      And as for slip and fall litigation, the issue is liability. There are obviously *some* frivolous lawsuits, but in the case where the negligence of an employee does cause damages, again, it's nice to have a single entity to file suit against, rather than trying to find the names of the 8 people who happened to be working at the specific walmart at the specific time you specifically slipped and file suit specifically against them, which will result in a 5 million dollar medical costs & damages judgement, which you'll then be left to try and collect from those 8 or 9 individuals who all probably make (minimum wage + 5 dollars) / hr. In cases like this, think of the corporation's existence as a form of liability insurance that those 8 or 9 negligent people get by virtue of working for that corporation. You still get your judgement payout, and they don't have to hand it out from their own pocket, though they might also find themselves out of a job as a result of their negligence causing a judgement against the corporation.

    128. Re:No need to break what isn't broken by cayenne8 · · Score: 1

      No matter how pro-corporation you may be I think anyone should at least be able to see that a business owned by a single individual is much more likely to act in an ethical manner, is much more likely to consider reasons for being in business other than making money.

      I *am* a business owned by a single person..ME.

      There is no way on God's green earth that I'd do business in the US today without incorporating. One..for protection.

      Two...for tax benefits.

      Pretty simple today...even a one person company is pretty much foolish in today's legal and taxation society not to form his own corporation.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    129. Re:No need to break what isn't broken by cayenne8 · · Score: 1

      ...much more likely to consider reasons for being in business other than making money. Motivations like making the best product or offering the best service. Or selling a product/service that no one else does.

      Ok..re-read this and had to ask further of you.

      Why in the world would anyone be in business or even WORK for that matter..if it were not to make money?

      I can assure you, if I had all the money I needed to live the rest of my life..I'd certainly never work another day in my life. Travel, having fun, and chasing different women is what I'd be doing the rest of my days.

      Seriously, why would anyone start or be in a business if not to make a good living (money)?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    130. Re:No need to break what isn't broken by pnuema · · Score: 1

      Not if the person who committed said crime went to prison for it. Imagine if every guy who was told to dump toxic waste in our water knew that if the company was caught, he would be going to jail. World would be a better place, wouldn't it?

    131. Re:No need to break what isn't broken by AK+Marc · · Score: 1

      Corporations were invented for one and only one reason, to allow an investor who has no knowledge or control over the operations of a company to have a liability cap at the amount of their investment.

      More recent additions to that are "personhood" and "corporate veil" where a conspiracy by real people to commit real crimes is treated like a mistake by a well meaning corporation. If the corporation were the mob, they'd use RICO to shut them down and throw them all in jail. But when it's "Ford" plotting the death of people through planned negligence, it's not a criminal issue and the people who do it are exposed to zero personal liability.

    132. Re:No need to break what isn't broken by SleazyRidr · · Score: 1

      I think that's a sign of a bigger problem with these types of transactions being so far removed from what you can actually control. I can't think of a better way to do it that would still allow for small investors though, so we're kinda stuck.

    133. Re:No need to break what isn't broken by jimrthy · · Score: 1

      I'd say you aren't paying attention.

    134. Re:No need to break what isn't broken by sjames · · Score: 1

      That would only work if your actions were consistent with your instructions from management. Otherwise you're just a bad apple.

      How fortunate then that MS is already a three time loser.

    135. Re:No need to break what isn't broken by spire3661 · · Score: 1

      How is it logical that a group of people can form together to create a new entity with a superset of rights beyond that of a normal citizen?

      --
      Good-bye
    136. Re:No need to break what isn't broken by maxume · · Score: 1

      Sure. But fear of jail only works some of the time, people don't think they will be the ones who get caught.

      --
      Nerd rage is the funniest rage.
    137. Re:No need to break what isn't broken by moortak · · Score: 1

      If corporations are people entitled to all of the rights and protections of the law, they should be bound by the 13th amendment as well. That is pretty clearly ludicrous so we need to stop pretending that corporations are people before the law and weigh how the laws impact the rights of the people composing the corporation, not the legal construct.

      --
      Xavier Rabourdin for president 2012
    138. Re:No need to break what isn't broken by khallow · · Score: 1

      How is it logical that a group of people can form together to create a new entity with a superset of rights beyond that of a normal citizen?

      Hasn't happened. Seriously, corporations don't have rights that the people who compromise them don't have. By your "inalienable right" logic, the proposition doesn't even make sense.

    139. Re:No need to break what isn't broken by Anonymous Coward · · Score: 1

      And go back to poverty?

      It is no coincidence that the Netherlands became wealthy to a degree that not all countries have reached today, 4 centuries later. And that the countries which followed also introduced corporations. And that the Industrial Revolution started in those countries. Corporations excel in bringing wealth together, and put that to work.

      And who else but a new mega-corp can colonize Mars? We'll need a 21st century equivalent to the East Indies Companies if we're ever going to have a fleet of ships traveling to other planets.

    140. Re:No need to break what isn't broken by slick7 · · Score: 1

      Yes, but without a constitutional amendment those new rights could be taken away without much trouble. As it is we need to pass a constitutional amendment declaring corporations to not be people. Which is a lot harder.

      For not having privacy, they sure have an inordinate amount of access to the Legislative process, even to dictating their own rules and policies.

      --
      The mind conceives, the body achieves, the spirit manifests.
    141. Re:No need to break what isn't broken by khallow · · Score: 1

      I'd say you aren't paying attention.

      Ok, rather than continue this pointless one liner garbage, I looked at your history. You wrote:

      Government grants people the privilege of creating another fictitious person they can hide behind to escape responsibility for their choices. Where'd the government get the authority to create people out of thin air?

      Statements like this are colossally idiotic. Corporate personhood treats corporations in some areas like people, but the law never confuses corporations with people. A lot of places have limited liability corporations that act almost the same as the US ones do, without the fiction of corporate personhood. And their corporations commit the same sort of abuses as US corporations do. For example:

      Ah, yes. Good ol' Dutch East Indies. We really should have learned from their monstrous example, realized corporate personhood is one of the single worst ideas ever, and moved back to sanity.

      Corporate personhood played no role in the notorious corporations of that era.

      Hard to get much more serious than Deepwater Horizon.

      How many people died? Environmental devastation, swept under the rug. There are still worries about species going extinct, and how safe fish from the Gulf are to eat.

      BP got a slap on the wrist over it.

      The "slap on the wrist" appears to be at least $8 billion dollars just in direct costs. And the lawsuits really are only starting. BP is already settingt aside money for a $20 billion fund for claims which should be full by the end of 2013. These amounts aren't "slaps" but a significant portion of BP's total stock valuation (which currently is a bit over $140 billion down from a peak just prior to the accident of something like $170-180 billion).

      Also, if you were inclined to figure out how many people died in the Deepwater Horizon accident rather than ask pointless rhetorical questions, you could have googled it to see that 11 people died.

      So in the past few posts of yours, you made at least three big errors. Why don't you get a clue first before you post further?

    142. Re:No need to break what isn't broken by khallow · · Score: 1

      If corporations are people entitled to all of the rights and protections of the law, they should be bound by the 13th amendment as well.

      They aren't. It's only your ignorance of the law that is confusing you. If you had read my post which you replied to, you would have seen this:

      Similarly, corporate personhood is a legal invention.

      Among other things, it means that the courts choose to interpret corporations as people for limited reasons (such as business speech and protection of the corporation from government interference). There aren't going to be enslaved corporations. Nor do we have to worry about gay corporations marrying each other.

      There's no excuse for this sort of sloppiness. Please read before you reply.

    143. Re:No need to break what isn't broken by jwhitener · · Score: 1

      we still have quite a few other personal rights that have been given to corporations that shouldn't have

      I'll be glad when this fad goes away. The whole reason for corporate personhood is to protect the rights of the people involved with the corporation.

      That isn't true at all. The purpose of a corporation is to create a separate legal entity for the purpose of protecting the shareholders of the corporation from liability if the business fails or is sued. This encourages people to band together and try to start a business. In general, it is a good thing.

      Corporate personhood, on the other hand, was never considered real personhood. It was a fake way of granting the charter to a single name, instead of all the shareholders. From wikipedia:
      "The process is called “incorporation,” referring to the abstract concept of clothing the entity with a "veil" of artificial personhood"

      Now, over time, corporations have gained many other privileges, to the point where many in the media (most notably people like Thom Hartman, read his book on corporations), basically consider corporate rights equal to, and in some cases greater than, a real person's rights.

      And way way back, those extra rights were given to corporations with the understanding that the corporation was to benefit society in some way. Make money, sure. Destroy the environment, no. And corporate charters were reviewed, and revoked from time to time.

    144. Re:No need to break what isn't broken by betterunixthanunix · · Score: 1

      It took me 10 seconds to come up with the idea of rolling corporations. Roll over the assets and employees of a corporation into a successor.

      Assuming that we give you your corporate charter.

      Your "twisted and stretched" reading of the 14th amendment is just, as I said, a natural consequence of the need to protect the rights of the people involved with the corporation.

      What rights, exactly, do you think need to be protected there? Those people are entirely free to operate a private, not-limited-liability business under whatever terms they want.

      --
      Palm trees and 8
    145. Re:No need to break what isn't broken by jwhitener · · Score: 1

      Thanks for posting, and thanks mods for giving mrvan some points.

      People in this thread are seriously confusing what the purpose of the artificial personhood was used for: a way to create a fake person so that the charter could be given to one name, and as the fake fall guy, so that shareholders are protected from lawsuits/liability/bankruptcy.

      All the new 'rights' that have been given to corporations over time (eg, citizens united vs scotus) have nothing to do with personhood. However, the media, being the bastion of intelligence that it is, has muddied the waters. People should be specifically saying "corporate Right X is bad", not "personhood is bad". The personhood part is generally a good idea. It encourages people to get together, invest, and try to start a business.

    146. Re:No need to break what isn't broken by jwhitener · · Score: 2

      I not sure how you read what mrvan wrote and decided that corporate personhood is a bad idea.

      "It is a pure tradeoff between the the security of the investors and the rights of creditors and has nothing to do with enforcement of pre-existing rights."

      The personhood part of a corporation basically sets up a fake 'fall guy' so that shareholders and investors aren't sued into oblivion if the corporation goes bankrupt. No one would become a shareholder/investor if the risk wasn't just "lose the money you invested" but was "lose the money you invested, and your house, car, and everything else you own".

      The limited liability aspect is a good thing.

      I think what you should be pointing at is the specifics rights that corporations have gained over time. Not rights given to them because they are 'fake people', but rights given to them just because some body of decision makers either thought it was good for business or constitutionally correct.

      Way way back in the beginning, those corporate rights were given, but there were strings attached. I forget all the specifics, but it was basically along the lines of "must benefit society" or something like that. There are instances where corporate charters were revoked.

    147. Re:No need to break what isn't broken by khallow · · Score: 1

      Corporations were invented for one and only one reason, to allow an investor who has no knowledge or control over the operations of a company to have a liability cap at the amount of their investment.

      I already have replied to two people who thought that the above was part of corporate personhood. It's refreshing to see someone who has a more nuanced understanding.

      More recent additions to that are "personhood" and "corporate veil" where a conspiracy by real people to commit real crimes is treated like a mistake by a well meaning corporation. If the corporation were the mob, they'd use RICO to shut them down and throw them all in jail. But when it's "Ford" plotting the death of people through planned negligence, it's not a criminal issue and the people who do it are exposed to zero personal liability.

      The thing is corporate personhood and the corporate veil do have useful reasons for existing.

      The corporate personhood model as I understand it is used to decide how corporations and the various US-based governments interact. Keep in mind that the whole idea started because state or local governments tried either to take over a private charter organization (New Hampshire tried to take over Dartmouth College) or tax corporations at a much higher rate than individuals (California had just adopted a constitution which allowed individuals to deduct debt owed on property from the value of their property for tax purposes, but not the same for corporations). Because government does on occasion trammel on the rights of the owners or employees of corporations, there will always be some need for protection, through the fiction of corporate personhood or an equivalent.

      The corporate veil is the legal name for the separation of responsibility and ownership of limited liability corporations. The phrase is commonly used when courts choose to ignore it (that is, "piercing the corporate veil").

      As to whether these legal devices prevent people from being convicted of crimes, I honestly doubt it. A "data retention policy" probably does more on that front. Remember corporations can be vast enterprises with a pathological diffusion of responsibility (part of the reason that employees often "get things in writing" so they don't take the blame for a failure). And big failures usually have many contributors who couldn't on their own see the big picture.

      Executives often use the King Henry II defense effectively (asking questions such as "Who will rid me of this meddlesome XXXX?"). But so do crime lords. Insinuation is a very difficult thing to prove especially when as little as possible is in writing.

      This is why many such crimes end up pursued in civil court, which has a lower standard of guilt than criminal court. Even if a coy, evasive manager can't be indicted, they can be found grossly negligent.

    148. Re:No need to break what isn't broken by MattSausage · · Score: 1

      For what it's worth, I agree that, right or wrong, money often = votes... my problem is the fact that corporations, by your own premise, get to vote.. and the fact there is more money from corps than from ANY individual donor flowing into the system, their votes count for more. Again, I don't disagree with the premise, but I just want to know by what bizzare stretch of the imagination do corporations have more of a right to determine a government of and for the people than the people do themselves??

    149. Re:No need to break what isn't broken by khallow · · Score: 1

      Assuming that we give you your corporate charter.

      And why would there ever be grounds to reject a corporate charter application?

      What rights, exactly, do you think need to be protected there?

      An obvious one is to protect the assets of the corporation from unfair seizure or taxation. That's the historical examples that spurred the creation of corporate personhood in the first place.

      Those people are entirely free to operate a private, not-limited-liability business under whatever terms they want.

      Irrelevant to the observation since corporations have been treated differently from other business models.

    150. Re:No need to break what isn't broken by Anonymous Coward · · Score: 0

      Plenty of illegals vote, no one cares.

      Oh please! I see this all of the time yet I've never seen any evidence that it happens to any significant extent. If I was in the country illegally I wouldn't consider drawing attention to myself by voting illegally as well.

      riverat1 posting AC to preserve mods.

    151. Re:No need to break what isn't broken by fishexe · · Score: 1

      it won't go away until our government stops treating non-persons as having equal rights with living, flesh-and-blood persons.

      As long as you keep spouting this crap, I'll keep treating you as the child you are.

      Good to see that the proponents of full corporate personhood have no better argument than ad hominem attacks.

      Once again, corporate personhood is a legal machine, a process, a fiction.

      Limited corporate personhood was a legal fiction to allow corporations the essential functions of owning and transacting with property and forming contracts (in their own name rather than in some natural person's name), without which they could not fulfill their basic functions. That's very different from the type of corporate personhood that followed Santa Clara Country v. Southern Pacific.

      Corporations aren't being treated as having equal rights with living flesh-and-blood persons. You are simply wrong here.

      They are if they're given Fourteenth Amendment rights. Read the Fourteenth Amendment, for Christ's sake. To quote the exact same Wikipedia article you've just told me twice to read, "In other words, corporations enjoyed the same rights under the Fourteenth Amendment as did natural persons."

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    152. Re:No need to break what isn't broken by khallow · · Score: 1
      Umm, so when are you going to disagree with me?

      Now, over time, corporations have gained many other privileges, to the point where many in the media (most notably people like Thom Hartman, read his book on corporations), basically consider corporate rights equal to, and in some cases greater than, a real person's rights.

      Thom Hartman is the idiot who started this fad. His assertions are false. If someone wants to read his book, please check it out of a library rather than give him more money.

      And way way back, those extra rights were given to corporations with the understanding that the corporation was to benefit society in some way. Make money, sure. Destroy the environment, no. And corporate charters were reviewed, and revoked from time to time.

      I doubt that was ever true. The UK never did that, for example. Further, given the often vile envy and hate that cuts through any human society, it is better that US society currently has no say in corporate charters.

    153. Re:No need to break what isn't broken by Anonymous Coward · · Score: 0

      If corporations have personhood then they should get on their knees as worship their creator, the government that made the laws allowing them to exist.

    154. Re:No need to break what isn't broken by Red+Flayer · · Score: 1

      It went bankrupt very quickly afterwards.

      So? The partners lost some equity. Whoopty-do. They then brought their clients to another firm and continued to rake in the cash.

      A company going bankrupt means nothing. The individuals who profited from Arthur Andersen's malfeasance, by and large, suffered no long-term ill effects. The same can't be said for the people who lost their pensions due to the collapse of Enron.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    155. Re:No need to break what isn't broken by khallow · · Score: 1

      As long as you keep spouting this crap, I'll keep treating you as the child you are.

      Good to see that the proponents of full corporate personhood have no better argument than ad hominem attacks.

      Looks like the little child needs to read up on what an ad hominem attack means. There is a difference between a mean insult and an ad hominem. I don't say you are wrong because you act like a child. Though you might want to look into fixing that, if you want to become a better debater.

      They are if they're given Fourteenth Amendment rights. Read the Fourteenth Amendment, for Christ's sake. To quote the exact same Wikipedia article you've just told me twice to read, "In other words, corporations enjoyed the same rights under the Fourteenth Amendment as did natural persons."

      And why do you think that the only rights a person has are granted by the Fourteenth Amendment? Here's the critical logic flaw you are making. Corporations in the US have some rights like a person. You jump from that limited observation to the conclusion that government is "treating non-persons as having equal rights with living, flesh-and-blood persons" even though it is obviously not so. Corporations can't be enslaved, can't vote, and can't marry, for example. There are many regulations uniquely covering corporations.

      Further, so what? I don't buy that human life is somehow cheapened just because the courts created a legal person for the purpose of simplifying some arcane business law. Why invent law from scratch when you can borrow easily enough from the laws that apply individuals?

      Does a child cheapen human life because they treat a doll like a flesh-and-blood human? Do I harm flesh-and-blood humans, if I treat my car like a particularly difficult woman? Anthromorphizing is a very common human activity and it just so happens to be very innocuous whether a child or a court does it.

    156. Re:No need to break what isn't broken by Red+Flayer · · Score: 1

      Of course you can just ride it all the way to the top and say the CEO is responsible for everything but that'd only lead to crazy risk premiums on being the CEO and no real effect on everyone else.

      In theory, SOx did do this. Corporate officers are personally liable for some of this stuff.

      And yes, this is part of the reason why CEOs are compensated so much (the risk premium is reflected there) -- because they bear personal risk.

      Also you'll probably get another ton of CYA and impossible to follow process that everyone will break until shit hits the fan - then it's your fault for violating procedure.

      The point is to assign responsibility. If a process is impossible to follow, it is your responsibility to kick that up the chain so either the formal process or your actual process are changed. If you knowing violate the formal process, it IS your fault. Sometimes even if you unknowing violate the process... since it is your responsibility to know and understand the process.

      I know, workplaces aren't that simple. But I've never had a problem pointing out process problems when I could couch it in such a way that it was clear there was risk to the company.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    157. Re:No need to break what isn't broken by Lord+Kano · · Score: 1

      I wonder if all the people saying "Corporations are not people" have fully thought through the implications of that stance. For one, if corporations lack personhood then they can't be charged with crimes. Policing them will be much harder when criminal charges all have to be tied to a specific person within the corporation rather than the organization as a whole.

      They're morons. Of course Corporations are "persons" under the law. Non-persons can't do anything... Like own property, be taxed or be subjected to legal action. The Supreme Court never said it before because they never needed to. No court has ever declared that water is wet because no one is stupid enough to litigate it.

      The US Constitution speaks of "person"s, "people" and "citizens". They are three different words with three different meanings.

      Corporations are persons. Each and every human stockholder has the right to free speech, why in the fuck would they surrender that because they own part of a corporation?

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    158. Re:No need to break what isn't broken by Red+Flayer · · Score: 1

      Two...for tax benefits.

      There are only tax benefits to incorporating as an individual when you run a wage business if you're cheating the system by taking a reduced salary in exchange for capital gains. This is illegal (even if it is often overlooked), and, IMO, unethical.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    159. Re:No need to break what isn't broken by betterunixthanunix · · Score: 1

      And why would there ever be grounds to reject a corporate charter application?

      Well, if corporate charters expired, and people set up rolling assets for corporations (i.e. renewing the charter over and over), then abusive or law-breaking corporations (say, corporations that were found guilty) could have their application for another charter rejected.

      An obvious one is to protect the assets of the corporation from unfair seizure or taxation. That's the historical examples that spurred the creation of corporate personhood in the first place.

      Corporations are not the only way to organize businesses. If people had no other option, I would be more inclined to agree with you, but there are other options for running a business, and nobody is being denied their right to do so. Corporations are granted certain privileges like limited liability, because that appears to be a good way to encourage investment in certain risky businesses that we believe would benefit society. However, because corporations are granted special privileges, any notions about being "unfair" seem misplaced.

      --
      Palm trees and 8
    160. Re:No need to break what isn't broken by Red+Flayer · · Score: 1

      Once again, a corporation has rights because it inherits them from the people involved with the corporation.

      Only if you already subscribe to the line of thinking that a corporation is a valid extension of its owner(s). I do not believe corporations should inherit rights from the people associated with the corporation.

      People associated with the corp already have rights. Any rights assigned to corporations are done so, not by natural law, but by the specific grant of the public (as embodied by their government).

      You see corporations as extensions of their owners. I, and likely the parent to my post, do not. They are separate entities. The owners have engaged in an agreement with the corporation by which the corporation uses the owner's capital to generate more capital to be either disbursed back to the owners or reinvested. A corporation is not an extension of is owners; it is a business partner, of limited rights, whose existence is allowed only at the exercised will of the people.

      The problem is that corporations are powerful enough to overwhelm and/or subvert the will of the people.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    161. Re:No need to break what isn't broken by AK+Marc · · Score: 1

      I've already said this to you in more detail, but if you truly believe that inalienable rights exist, then corporations have them because they are comprised of people with inalienable rights.

      The people at the corporation have those rights. But for the stakeholders in a corporation to have rights as an individual and again as a member of a corporation leads to a situation where someone has *extra* rights for being a member of a corporation. It reminds me of the libertarians who believe all rights come from land ownership. Everyone has the same rights, but, based on what you own, a few people get to exercise "extra" rights. When the corporation is a legal person with all the rights (and apparently none of the responsibilities) thereof, then those people comprising that corporation necessarily are more of a person than someone who does not participate in a corporation.

    162. Re:No need to break what isn't broken by Anonymous Coward · · Score: 0

      Plus, if the limited liability of corporations can be removed it gives a wonderful opportunity for the lawyers (almost all judges are lawyers) to go after the stock holders. Since most of the stockholders are pensions funds it give an opportunity for the lawyers to go after the billlions of dollars in the pension funds. No reason all those widows and orphans should be expemt from financial ruination..........

    163. Re:No need to break what isn't broken by fishexe · · Score: 1

      As long as you keep spouting this crap, I'll keep treating you as the child you are.

      Good to see that the proponents of full corporate personhood have no better argument than ad hominem attacks.

      Looks like the little child needs to read up on what an ad hominem attack means. There is a difference between a mean insult and an ad hominem.

      Well, you used it in lieu of making an argument in that first paragraph. I'd say that qualifies as an ad hominem.

      I don't say you are wrong because you act like a child.

      Not in so many words, but it was implied. Ad hominems are almost always implied. You never hear someone say, "You're wrong because you're such a Nazi!" They stop at "You're such a Nazi!"

      They are if they're given Fourteenth Amendment rights. Read the Fourteenth Amendment, for Christ's sake. To quote the exact same Wikipedia article you've just told me twice to read, "In other words, corporations enjoyed the same rights under the Fourteenth Amendment as did natural persons."

      And why do you think that the only rights a person has are granted by the Fourteenth Amendment?

      I never made any such assumption. There are many rights people are considered to have, coming from many sources. The one key right given by the Fourteenth Amendment is the right to have all the rights that anyone else has under the law. It's called equal protection. Having a Fourteenth Amendment right to equal protection automatically extends all the other rights from all other sources to you.

      Here's the critical logic flaw you are making.

      You might want to learn logic before you go around saying things like that.

      Corporations in the US have some rights like a person. You jump from that limited observation to the conclusion that government is "treating non-persons as having equal rights with living, flesh-and-blood persons"

      No I don't. I never even used anything resembling that logic. I was perfectly fine with corporations having the right to own property, the right to buy and sell property, and the right to form binding contracts, just the same as a person would enjoy those rights. I specifically said all those things in my last post. You insist on blatantly misreading me so that you can continue to use insults in lieu of actually dealing with my argument. The observation I jumped from to the conclusion that government is treating corporations as having equal rights with living, flesh-and-blood persons, is the right to be guaranteed all the rights given to any other person (also known as the right to equal protection).

      Corporations can't be enslaved, can't vote, and can't marry, for example.

      Well, they can't be enslaved and can't marry by definition, not because the law denies them the right. The voting thing is temporary, wait for Citizens United II for that to change.

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    164. Re:No need to break what isn't broken by Red+Flayer · · Score: 1

      commit a serious enough crime, company gets liquidated.

      What good does that do? You liquidate the company, and the owners simply reincorporate. It's just an inconvenience and cost to the investors. Furthermore, liquidating the corp removes the ability of the corp to make reparations.

      Even fines are problematic. Investors will just pull their cash and invest with a competitor who doesn't face the overhead associated with the fines. Who gets hurt by fines? Institutional investors like pension holders who do not have the means or knowledge to get out ahead of the curve. Brokers in the know get out early, minimize their losses. Everyone else is left holding the bag.

      My opinion? The buck stops with the officers of the corp. Punish them, good and hard, when applicable. Also punish those who were breaking the law within the company.

      We're only going to get compliance when the people at the top demand it, follow up on it, and bear personal responsibility for it.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    165. Re:No need to break what isn't broken by Stormy+Dragon · · Score: 1

      While showing that the CEO should have known is enough for a civil case (where negligence is enough of a basis for damages to be awarded), criminal cases usually require showing at least reckless involvement (i.e. that he knew the crime was happening and chose not to do anything about it), if not knowing or intentional participation.

    166. Re:No need to break what isn't broken by AK+Marc · · Score: 1

      That would require a massive change in how investment is done. At work, I get a limited number of choices for my 401(k). To be sure I'm not funding something bad, I'd have to pick the money market account, for a net loss of my invested dollar. Otherwise, I have no knowledge of, nor control of, where my money is going and how it's used. I may own a mutual fund of a stock, but I'll never get to vote that stock. I'm not the owner of record. And the schemes here will punish me as much as someone who purposefully invested in a fraudulent company.

      Enron lied to everyone. If you had $1,000,000 of Enron's money and people with $1,000,000,000 owed to them from Enron, how would you split it up among the employees, investors, and creditors?

    167. Re:No need to break what isn't broken by AK+Marc · · Score: 1

      But that doesn't address the evil corp. The evil corp purposefully harms people. They dump toxic waste. And when found out, people punish the corporation, who declares bankruptcy. The individuals who committed felony conspiracy to dump the waste are not punished for their criminal actions. The executives who ordered it aren't punished. The employees who did it aren't punished.

      Limiting liability was why they were created. And that's a good thing. But that's not how they are applied now. Corporations allow individuals to commit illegal actions with no criminal repercussions. If a corporation is a person, then it should get jail time when an authorized person commits a crime that was known or should have been known by others in that organization. But no. Corporations get all the benefits of being a person with none of the responsibilities.

    168. Re:No need to break what isn't broken by Anonymous Coward · · Score: 0

      I am not convinced that corporate personhood is necessarily a better option. It swings the pendulum too far in the other direction. Rather than having investors getting blind-sided by actions they have no control or knowledge over, you have corporate personhood protecting investors from placing money in corporations they know are breaking the law.

      You can reach back into recent history to see the after effects of this. The Wall Street bank explosion was a direct result of not only incompetent but outright fraudulent practices. How many people went to jail over it? How many of the corporations involved even faced stiff financial penalties?

    169. Re:No need to break what isn't broken by AK+Marc · · Score: 1

      The corporate veil is the legal name for the separation of responsibility and ownership of limited liability corporations.

      I've also heard it used for not charging those within a corporation for authorized actions they took on behalf of that corporation. That is, if a manager orders someone to perform an illegal act, and he can blame the order on one he received from someone else, in all likelihood he will not be charged with a crime, despite proof he ordered an illegal act. Rather than charging him and everyone else he points to under RICO or such, the corporate veil protects employees and directors, in addition to just the investors. The "person" of the corporation did it, and is the one people must go after, protecting the actual actors in the illegal acts. It takes great proof of intended malfeasance before the corporate veil will be pierced to charge any employee or director with any crime.

      If you have a better term for that than the corporate veil, I'd like to hear it.

    170. Re:No need to break what isn't broken by thunderclap · · Score: 1

      Actually no The limited liability aspect is not a good thing. 'The personhood part of a corporation basically sets up a fake 'fall guy' so that shareholders and investors aren't sued into oblivion if the corporation goes bankrupt. No one would become a shareholder/investor if the risk wasn't just "lose the money you invested" but was "lose the money you invested, and your house, car, and everything else you own". That is the point and what is supposed to happen and why the system is broke. shareholders and investors should be sued into oblivion if the corporation goes bankrupt or fucks up. For example, BP should have been forced to spend all of its liguid assets on cleaning of the gulf coast. Then everything else should have been used to make up the livelihood of those who lost theirs. Its called responsibility. This would be a lesson to others. You need to take risks if you want something. yes, this would mean that a lot of business ventures simply wouldn't happen. This is a good thing because alot would still happen because will happen. It happens in China where if you lose a police officers money you get a bullet in the face. It happens in Iran where if your product some how falls a foul of religious laws you lose your life. Those are the worse examples. All of what you said, your whole argument is a fallacy. People have inherent rights before they join a company, after they quit and while they are there. What you want is risk management. You want to remove the ability to sue etc. I say let every single person who owns stock in publicly traded company be responsible for that companys behavior. You would see that would suddenly last for decades again. Yes, you will see less. Less product. less innovation. But you will also see less crap. But here is the chief problem with your argument and any other. Its the assumption that a corporation is an entity if it has no people. All it is, is people who already have rights. People who can benefit society together without an addition mandate from the government.

    171. Re:No need to break what isn't broken by khallow · · Score: 1

      The people at the corporation have those rights. But for the stakeholders in a corporation to have rights as an individual and again as a member of a corporation leads to a situation where someone has *extra* rights for being a member of a corporation. It reminds me of the libertarians who believe all rights come from land ownership. Everyone has the same rights, but, based on what you own, a few people get to exercise "extra" rights. When the corporation is a legal person with all the rights (and apparently none of the responsibilities) thereof, then those people comprising that corporation necessarily are more of a person than someone who does not participate in a corporation.

      Rights are not a quantity. For example, consider the example of two people in a home. One is bedridden while the other is perfectly healthy. The perfectly healthy person can walk say to a bar and exercise their various rights there while the other cannot. Do we then say that the healthy person has extra rights because they can exercise their rights in a place that the first person cannot? I think not.

      Now let's consider two people, one who is very smart and one who isn't intelligent enough to speak. Due to circumstances, the second person can't exercise their right to freedom of speech while the first person can say and write remarkable things. So does the first person have extra rights over the second? No.

      We can do the same thing for other comparisons, rich and poor, people who work in government versus people who work as janitors, etc. They have greater or lesser ability, power, and responsibility, but their rights don't change.

      And that's the point I want to make with respect to people at corporations. They don't have extra rights, they just have the same rights, but they can exercise them in a context that a person who isn't part of a corporation cannot do.

      There are true situations where people have less rights. For example, a convicted prisoner has less rights (well, more accurately, they aren't allowed to exercise certain rights as a consequence of breaking the law) than a free, law abiding citizen.

      The point is that rights are fixed unless you go around breaking the law. What changes are things you can do because you are healthier, smarter, have more money, have more power, have more land, happen to be an executive in a corporation, or merely just happen to be in the right place at the right time.

      For me, the big concern comes from the observation that corporations have been around for a long time. They have long demonstrated their utility. Similarly, corporate personhood has been around for more than a century. And if the current problems of the US were primarily the fault of this corporation structure, you would think they'd show up in say, 1900 rather than 2011.

      My view is that the problems of corporations have been well known for a long time from their birth at the beginning of the 16th century through to the present. I see nothing in the present elevated concern to warrant treating corporations any different than they have been. Just continuing to maintain vigilance over the machinations of the business world while enforcing the laws of the land, would be adequate just like it has been in the past.

      While I do see serious problems in the US today, I don't see the structure or law of corporations as being relevant. Corporations are merely a convenient hammer. If they were banned, a slightly less convenient hammer would be procured to commit the same ill.

    172. Re:No need to break what isn't broken by thunderclap · · Score: 1

      Um wrong. You can still be sued if you dump the coffee on them. If they dump it on themselves that's not negligence. coffee=hot

    173. Re:No need to break what isn't broken by thunderclap · · Score: 1

      Thatis the actual point. You don't invest and neither does anyone else. That the consquences of the person making death threats, the company sinks and its property is aquired by SigHeil inc. who doesn't allow that.

    174. Re:No need to break what isn't broken by fishexe · · Score: 1

      List of Companies Convicted of Felony Offenses in the United States

      A list 14 counter-examples. I think that proves my point.

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    175. Re:No need to break what isn't broken by cayenne8 · · Score: 1
      No...S corp....where you can pay yourself a 'reasonable' salary....and you only have to pay SE taxes (SS and medicare) on that portion of what you bring in.

      The rest falls through at the EOY and you only pay state and federal tax on that portion...saves money.

      YOu can also write off mileage....deductions for all business expenses...etc. All perfectly legal....

      Nothing wrong with trying to keep as much money as you can while playing it according to the law.

      I suppose you don't take the personal deductions you are alloted on your taxes? No deduction for kids or house payments?

      It is no different than that.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    176. Re:No need to break what isn't broken by khallow · · Score: 1

      That is, if a manager orders someone to perform an illegal act, and he can blame the order on one he received from someone else, in all likelihood he will not be charged with a crime, despite proof he ordered an illegal act.

      Collusion is a crime whether or not RICO is involved. And the corporation structure doesn't have anything to do with it. After all, a manager in any other sort of business (or for that matter government agency) would be able to use the same "I was following orders" excuse. There are various ways to immunize yourself. For example, if you can show you did due diligence in researching the legality of the action and were just misinformed. But these aren't dependent on the corporate structure.

    177. Re:No need to break what isn't broken by 0111+1110 · · Score: 1

      Seriously, why would anyone start or be in a business if not to make a good living (money)?

      Well they are working to make money. At least in the sense that if they weren't able to make money at doing what they enjoy they would have to spend much of their time doing something they hated or found boring. Imagine wanting to create something. In my case it may be a robot or a computer program that is special. That no one has ever created before. It's true that either could result in profit, but that is not my motivation in creating them.

      Believe it or not money is not the most important value in everyone's life. For some people that may be hard to believe. If you look at the sheer variety of businesses, products, and services in the world I think it is easy to see that money is not the *only* motivation for everyone. Yes, people need to make enough money to buy food and pay rent/mortgage, medical care, but above that bare minimum the rest is just luxury. Much of it not really making people much happier.

      Consider computer game programmers. They tend to make less money than other programmers, and yet have much longer hours. They basically have no free time at all. They are some of the most talented programmers around. So why do they do it? Writers would be another example. Sure there are bestselling authors with questionable talent who are clearly writing solely for the money, but most authors, even famous, highly talented ones will never strike it rich on the royalties they receive from their books. So why do they do it? Or how about musicians? Some of them even have to work a "day job" to pay the rent. So why do they bother with the music when working as a waiter pays better?

      Personally I would much rather have an interesting job than make a whole pile of money. I'd choose a job I find interesting over a boring one that paid twice as much every single time. What are you really going to spend the money on anyway? I don't envy people rich people. I envy happy people. Driving a fancy car which you can't legally drive in a fun way on US roads between your painstakingly dull job or business and your huge house each day is not going to make you happy.

      You mention travel, having fun, and chasing women as some things you would do if you had "enough" money, but those are all things you can do anyway. You don't need much money to do them.

      The great thing about running your own business is not that you can make more money than you could as an employee, even though that is often true. It is that you have the freedom to earn a living doing exactly the thing that you are most interested in. Assuming of course that the result is something that people would pay for. My point was that corporations of any significant size are almost never motivated by anything other than money. Often they don't even care about the quality of their products as long as they don't break within the warranty period. If they break outside the warranty period it is actually considered a good thing.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    178. Re:No need to break what isn't broken by Red+Flayer · · Score: 1

      No...S corp....where you can pay yourself a 'reasonable' salary....and you only have to pay SE taxes (SS and medicare) on that portion of what you bring in.

      Be very careful what you decide to be 'reasonable' salary. I've had two friends busted for this, one was a Mac support guru who paid himself $40k in NYC; had to file amended returns paying himself 80 or 90k plus paid P&I... don't remember the exact amount. Other one was a landscaper, paid himself $25k, had to refile and pay P&I.

      Don't forget you're supposed to be paying yourself salary for marketing, sales, etc, where applicable.

      YOu can also write off mileage....deductions for all business expenses...etc. All perfectly legal....

      That can be done whether you're incorporated or not, if you're self-employed.

      I suppose you don't take the personal deductions you are alloted on your taxes? No deduction for kids or house payments?

      Those are examples of allowed deductions. Of course I take them. Short-paying salary to avoid taxes in a S corp (or C corp) is not allowed...

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    179. Re:No need to break what isn't broken by ChiChiCuervo · · Score: 1

      No. The whole reason the courts give corporations personhood is for it's own convenience! Legal paperwork, filings, organizational structures, etc would become massively complex and unprocessable, prohibitively so, if courts didn't simplify down all those massive contract structures. Courts themselves would have to track every single personal transaction that occurs within and without a corporation. Boiling it all down into a single "virtual" person would have to include all those unalienable rights that justify the simplification in the first place, but nothing else. And since it's "virtual" status exists only the eyes of the law, those same eyes have not abrogated their right to peer into any of those individual transactions wrought behind the corporate veil. Therefore, Corporations can never EVER have a right to privacy, in any real sense.

    180. Re:No need to break what isn't broken by AK+Marc · · Score: 1

      Collusion isn't a crime if those colluding are in a corporation. You might object, but history has proven that statement correct.

    181. Re:No need to break what isn't broken by AK+Marc · · Score: 1

      What changes are things you can do because you are healthier, smarter, have more money, have more power, have more land, happen to be an executive in a corporation, or merely just happen to be in the right place at the right time.

      The US government disagrees. They have decided that illness (of at least some kinds of illnesses) does not decrease your rights, such that others must take actions to ensure that. And the rest are related to wealth. And I agree, the US has a clear idea that the wealthy have more rights (or have the same rights, but get to exercise more of them, which is the same thing). For a society that claims to be egalitarian, the US works really hard to not be.

      My view is that the problems of corporations have been well known for a long time from their birth at the beginning of the 16th century through to the present.

      I disagree. And I'd assert that the increase and decrease of rules against them indicate that people all agree they are evil, even if a necessary one, but that there is significant disagreement of the level of evil. The problems may be known (that corporations are inherently evil), but the manner and way in which to restrain the evil while allowing rampant capitalism haven't been known since the beginning and people still aren't in agreement.

    182. Re:No need to break what isn't broken by jimrthy · · Score: 1

      Remember South Africa and Apartheid? Brought to us by friendly Dutch East India. And the extinction of an entire people. But, hey. It made a lot of others rich. So it's all good, right?

    183. Re:No need to break what isn't broken by jimrthy · · Score: 1

      "Way back in the beginning" was a little after the Civil War, when some idiot on the Supreme Court (or maybe it was his retarded clerk...accounts differ) decided to overturn 100-ish years of precedents to decide that corporations are people. The Deep Horizon oil spill is just the most recent obvious issue. The fraud that led to the world-wide economic collapse is another that just might still ring a few bells. People died. Others are now homeless. Depending on which economists you believe, we're somewhere between a Zombie Apocalypse and Strawberry Fields...but absolutely nobody's going to pound-your-a$$ prison to spend a few years as Bubba's wife to keep it from happening again. Stupid new /. formatting. This is basically like a woman who just got raped on the barroom counter pulling up her skirt and saying "Well, that wasn't so bad. Any of you man enough to think you can satisfy me?"

    184. Re:No need to break what isn't broken by metaforest · · Score: 1

      This pattern of responsibility is well established in the military. If the investigation of a PFC for screwing up shows that his CO was not supervising effectively then the CO is in trouble too. Responsibility goes right on up the chain and depending on the seriousness of the offense, everyone who had a hand in that chain of command is going to get busted for it to their degree of responsibility for making sure that things were done correctly. Oh, and failure to document accurately is not a defense, it just leads to more people in the chain getting busted.

      I believe it is unreasonable to hold strictly to military standards of command responsibility, when dealing with corporations. OTOH, when people are killed/die/or their is major property damage due to corporate malfeasance.... the Government should definitely make sure that everyone in the chain of management responsibility gets what is coming to them, as well as taking a hefty chunk out of the corporate purse.

      IMO: It is simply unacceptable that in the corporate setting an individual is held to a lower standard in the eyes of the law than if they were to engage in similar negligent conduct out side of work.

    185. Re:No need to break what isn't broken by drinkypoo · · Score: 1

      That would require a massive change in how investment is done.

      Yes, that was pretty much what I was looking for.

      Enron lied to everyone. If you had $1,000,000 of Enron's money and people with $1,000,000,000 owed to them from Enron, how would you split it up among the employees, investors, and creditors?

      I figure it should pretty much be restricted to seizing stock. If that means the gov't owns up owning Enron (in this case) then it can resell it to get the money. Less financial disturbance for everyone except those who made it possible.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    186. Re:No need to break what isn't broken by TheReaperD · · Score: 1

      It would be a trivial matter to add a clause "no person may collect revenue from a corporation dissolved due to criminal acts if they were participants or conspirators in the criminal act(s) to the suggested law.

      --
      "Be particularly skeptical when presented with evidence confirming what you already believe." -
    187. Re:No need to break what isn't broken by tehcyder · · Score: 1
      Limited liability companies (=corporations in the US) were invented so that individuals were protected if the company went bust, by limiting their liability to the value of their shareholdings.

      If you are a sole trader or partnership, and your business fails and you go bankrupt, or you are sued for millions of pounds,you lose all your personal assets too (potentially).

      The concept of limited liability was necessary to allow capitalism to develop, as otherwise people had little incentive to invest in potentially risky businesses.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    188. Re:No need to break what isn't broken by tehcyder · · Score: 1

      On the other hand if you are waiting tables and spill hot coffee on someone's face and cause them real harm you should be prepared to accept responsibility for that.

      In which case every single employee would have to purchase the equivalent of employers' liability insurance just to be able to work. Fuck that for a game of soldiers, you have just demonstrated why corporate responsibility is a good thing - there would be no point in suing a waiter on minimum wages for damages. If a company' injures me, I want to be able to get money out of them, it's not the individual employees who have billions in assets.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    189. Re:No need to break what isn't broken by khallow · · Score: 1

      Collusion isn't a crime if those colluding are in a corporation. You might object, but history has proven that statement correct.

      Do you have evidence of this?

    190. Re:No need to break what isn't broken by tehcyder · · Score: 1

      But why should it be illegal (as I believe some feel) for an oil/coal corporation to fund an anti-AGW movie or other propaganda or for officials of the company to make similar public statements?

      What people object to is oil or other corporations not disclosing their interest properly. There are rules about false advertising, and it is not acceptable to get around them by pretending to be funding a scientific documentary.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    191. Re:No need to break what isn't broken by tehcyder · · Score: 1

      But the view that anything is acceptable in the pursuit of profit is quite genuinely seen here from the extreme free market fanboys. Since laws are created and enforced by government, and any interference in the free market by government is bad, it is therefore morally acceptable to break any law.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    192. Re:No need to break what isn't broken by khallow · · Score: 1

      For a society that claims to be egalitarian, the US works really hard to not be.

      I don't think an egalitarian society is a useful goal. The US works relatively hard at equal opportunity not equal wealth or standards of living.

      And I'd assert that the increase and decrease of rules against them indicate that people all agree they are evil, even if a necessary one, but that there is significant disagreement of the level of evil. The problems may be known (that corporations are inherently evil), but the manner and way in which to restrain the evil while allowing rampant capitalism haven't been known since the beginning and people still aren't in agreement.

      What's all this talk of corporations being "inherently evil"? There's no evidence or basis for the claim. I grant that they have inherent problems, but I think it very unwise to attribute moral judgment to a tool, especially a very useful tool. It's like claiming hammers are inherently evil because occasionally people use them to break things or hurt people.

    193. Re:No need to break what isn't broken by fuzznutz · · Score: 1

      The government would be more motivated to find the actual responsible party if the easy pickings were eliminated. Right now, it's just too easy to blame "the corporation" and levy a simple fine. Place responsibility on those who actually are responsible. It can work. Look at Sarbanes Oxley. Why do you think that legislation has company executives shitting their pants? Because they become ultimately responsible, not the corporation. It makes them a lot more careful about what they do, when they know they, and not the corporation, are on the hook.

    194. Re:No need to break what isn't broken by Americano · · Score: 1

      I'm curious why you think that "personal responsibility for corporate misdeeds" is the issue with SOX?

      Did Bernie Ebbers (Worldcom), Ken Lay (Enron), Dennis Kozlowski (Tyco Int'l), John & Timothy Rigas (Adelphia), and the dozen-or-so officers from Peregrine Systems who all were convicted & sentenced on various charges escape "personal liability" in their misdeeds? I'd argue that their convictions certainly suggest they didn't escape.

      What SOX is about is *restoring investor confidence* by requiring more transparency in governance & accounting for publicly traded companies. After the spate of scandals that prompted passage of SOX, congress and investors were interested in making sure "this sort of thing can't happen again." So they passed some new legislation requiring stricter accounting practices, and everybody left feeling satisfied that they were "safe" again. But allowing directors to be held directly liable was nothing new - corporate officers have been held personally liable for misdeeds before SOX, and we'll be holding directors personally liable for misdeeds after its passage as well.

    195. Re:No need to break what isn't broken by jimrthy · · Score: 1

      I'd say you aren't paying attention.

      Ok, rather than continue this pointless one liner garbage, I looked at your history.

      It'd be better for you to pull your head out of...the sand and pay attention to the real world, but OK, whatever.

      You wrote:

      Government grants people the privilege of creating another fictitious person they can hide behind to escape responsibility for their choices. Where'd the government get the authority to create people out of thin air?

      Statements like this are colossally idiotic. Corporate personhood treats corporations in some areas like people, but the law never confuses corporations with people.

      Riiiight. The Supreme Court decided that Our Corporate Person Masters (may they live forever!) don't have any limits on their free speech rights when it comes to political campaign contributions. No confusion there at all.

      A lot of places have limited liability corporations that act almost the same as the US ones do,

      The US isn't "A lot of places."

      I don't understand why this is such a difficult concept for you government-worshipers to grasp.

      The US was an experiment, intentionally designed to be different from the rest of the world. Because most of the rest of the world is broken. The federal government is here to protect our freedoms. Not to protect a bunch of rich blue-bloods from the consequences of their decisions. Well, that was supposed to be the theory, anyway.

      without the fiction of corporate personhood. And their corporations commit the same sort of abuses as US corporations do. For example:

      Ah, yes. Good ol' Dutch East Indies. We really should have learned from their monstrous example, realized corporate personhood is one of the single worst ideas ever, and moved back to sanity.

      Corporate personhood played no role in the notorious corporations of that era.

      The government granted a bunch of special privileges to a collective of rich business owners. Who then proceeded to abuse those privileges in really horrifying ways. This led (directly or not) to a genocide or two. Call it corporate personhood or call it fascism. It was evil then, and it's evil now.

      Hard to get much more serious than Deepwater Horizon. How many people died? Environmental devastation, swept under the rug. There are still worries about species going extinct, and how safe fish from the Gulf are to eat. BP got a slap on the wrist over it.

      The "slap on the wrist" appears to be at least $8 billion dollars just in

      According to yahoo finance, BP's gross revenue for the past 3 years was around $890 million. Assuming their accountants are even vaguely honest (dangerous assumption), call that 25 years lost income. So calling it a "slap on the wrist" was an understatement. But thinking it was a real punishment is just blazingly stupid.

      direct costs. And the lawsuits really are only starting. BP is already settingt aside money for a $20 billion fund for claims which should be full by the end of 2013. These amounts aren't "slaps" but a significant portion of BP's total stock valuation (which currently is a bit over $140 billion down from a peak just prior to the accident of something like $170-180 billion). Also, if you were inclined to figure out how many people died in the Deepwater Horizon accident rather than ask pointless rhetorical questions, you could have googled it to see that 11 people died.

      Those were the direct deaths.

      Which were bad

    196. Re:No need to break what isn't broken by khallow · · Score: 1

      I've made 3 points that you disagree with.

      I pointed out the error in each case. You can disagree, but that just makes you look a little more foolish. I also see that your signal to noise ratio hasn't improved.

      I don't understand why this is such a difficult concept for you government-worshipers to grasp.

      Maybe you ought to think about what side you really are on. I see the whole corporate personhood fracas as a poorly thought out assault on private enterprise.

    197. Re:No need to break what isn't broken by jimrthy · · Score: 1

      You pointed out that you believe I'm wrong. Pretending you somehow proved it is just another of the many logical fallacies you've committed in this thread.

      Maybe you ought to think about what side you really are on. I see the whole corporate personhood fracas as a poorly thought out assault on private enterprise.

      I'll point out, again, that you don't seem to be paying attention.

      Private enterprise, almost by definition, does not involve government. At this point, it's pretty much impossible to draw a line between giant corporations and the government...they've been in bed together for so long that they've merged at the hip. Pretty much the only "private enterprise" left in Amerika are the little Mom and Pop stores that haven't been swallowed up yet by Wal-Mart and/or government over-regulation (yet).

    198. Re:No need to break what isn't broken by AK+Marc · · Score: 1

      Yes, the people of a corporation aren't charged with that crime when they commit it.

      Why, do you have anything that contradicts it? Or are you just trying to cast doubt because that statement doesn't agree with your opinion and you can't actually support your opinion so you are attacking the messenger?

    199. Re:No need to break what isn't broken by AK+Marc · · Score: 1

      I don't think an egalitarian society is a useful goal.

      I didn't mean it socially. I meant it in the "one man, one vote" sense. Unfortunately, your elitist attitude is dominant in the US, and one of the reasons the US is in an unmistakable downward spiral.

      What's all this talk of corporations being "inherently evil"? There's no evidence or basis for the claim.

      Oh, I thought that was a premise, not a claim. Profit motive, combined with amorality, results in evil every time. The same concept as absolute power corrupting or the Internet fuckwad theory. They are all the same general idea and there are mountains of support out there, from technical journals to practical experience, to the point that if it's common enough to be a theme in comics that it's a pervasive idea. So I didn't think there was anyone out there who didn't just accept corporations to be evil, and that's the general basis of many of the comments about them and you even said it yourself in that they were a necessary evil, I just dropped the "necessary" part. But if you think there's absolutely no evidence at all that a group of people shielded from all responsibility and given orders to pursue something that contradicts the public good will result in anything but evil, then you aren't worth continuing a conversation with.

    200. Re:No need to break what isn't broken by AK+Marc · · Score: 1

      Then you are marginalized. No one wants to recreate all the investment and ownership legislation from scratch. Without other massive changes, it would result in the collapse of the economy. An armed revolution is the only way to affect such a change, so it doesn't matter if it's better, no one should even consider your suggestion.

    201. Re:No need to break what isn't broken by jwhitener · · Score: 1

      Umm, so when are you going to disagree with me?

      You said, "The whole reason for corporate personhood is to protect the rights of the people involved with the corporation."

      And I said, no, personhood has nothing to do with protecting shareholder rights. It protects the shareholders from liability. Maybe that is what you meant to say?

      On charter's being revoked and corporations having to benefit the public interest:

      I doubt that was ever true. The UK never did that, for example. Further, given the often vile envy and hate that cuts through any human society, it is better that US society currently has no say in corporate charters.

      See: http://www.thirdworldtraveler.com/Corporations/Hx_Corporations_US.html or just google "corporation history charter revoke"

      From the above link:
      "The two hundred or so corporations operating in the US by the year 1800 were each kept on fairly short leashes. They weren't allowed to participate in the political process. They couldn't buy stock in other corporations. And if one of them acted improperly, the consequences were severe. In 1832, President Andrew Jackson vetoed a motion to extend the charter of the corrupt and tyrannical Second Bank of the United States, and was widely applauded for doing so. That same year the state of Pennsylvania revoked the charters of ten banks for operating contrary to the public interest. Even the enormous industry trusts, formed to protect member corporations from external competitors and provide barriers to entry, eventually proved no match for the state. By the mid-1800s, antitrust legislation was widely in place."

    202. Re:No need to break what isn't broken by khallow · · Score: 1

      Unfortunately, your elitist attitude is dominant in the US, and one of the reasons the US is in an unmistakable downward spiral.

      No, I think it's the profit==evil people that are doing the death spiral.

      Oh, I thought that was a premise, not a claim.

      It's a premise (a statement supporting a claim) only if it is correct.

      They are all the same general idea and there are mountains of support out there, from technical journals to practical experience, to the point that if it's common enough to be a theme in comics that it's a pervasive idea.

      Pervasive idea is not a correct idea.

    203. Re:No need to break what isn't broken by khallow · · Score: 1

      Yes, the people of a corporation aren't charged with that crime when they commit it.

      So you don't have evidence. What makes you think you're right then?

      Why, do you have anything that contradicts it? Or are you just trying to cast doubt because that statement doesn't agree with your opinion and you can't actually support your opinion so you are attacking the messenger?

      The messenger hasn't delivered a credible message yet. As I noted before, committing crimes is illegal in the US. I have yet to hear anything to indicate that being a member of a corporation can save you from justice.

    204. Re:No need to break what isn't broken by AK+Marc · · Score: 1

      There's nothing wrong with profit. The problem is the profit motive combined with impunity. It's the combination that's the problem, not just any single part of the equation.

    205. Re:No need to break what isn't broken by AK+Marc · · Score: 1

      So you don't have evidence. What makes you think you're right then?

      So you don't have any evidence. What makes you think I'm wrong, then?

      As I noted before, committing crimes is illegal in the US. I have yet to hear anything to indicate that being a member of a corporation can save you from justice.

      Your admitted ignorance does not switch the burden of proof to my shoulders. If you were well read, you'd have heard something about this on either side. Since you can form a coherent argument, I'm inclined to believe that you are being deliberately obtuse for rhetorical reasons.

    206. Re:No need to break what isn't broken by khallow · · Score: 1

      Private enterprise, almost by definition, does not involve government. At this point, it's pretty much impossible to draw a line between giant corporations and the government...they've been in bed together for so long that they've merged at the hip. Pretty much the only "private enterprise" left in Amerika are the little Mom and Pop stores that haven't been swallowed up yet by Wal-Mart and/or government over-regulation (yet).

      Oh come on. Government is so pervasive in the modern world, that you won't find pure private enterprise beyond black markets and below the tax radar transactions. It's also worth noting that arguing that a business is part of government because they have to involve government, is a cliched argument of pro-government advocates. It's very similar to the argument "Government builds your roads so you aren't allowed to criticize government spending!"

      Any real move to a separation of government and the private sector won't change the private landscape that much at first. Any effort to reduce government will have to accept that the big corporations will for the most part survive the transition.

      For example, in space launch (an area I keep up with), the US is (IMHO) at the tail end of a decades long transition from government owned launch services to Earth orbit to privately owned commercial launch services. Several of the biggest hurdles remains, building private manned vehicles that will be permitted to dock at NASA destinations, like the International Space Station, and developing a profitable space tourism industry.

      In recent years, we saw some consolidation of the existing government contractors (Boeing and Lockheed Martin merged their launch services into a new company, United Launch Alliance) and new efforts by those contractors to compete in private enterprise efforts. For example, ULA and Orbital Sciences both have launch vehicles that launch a significant number of commercial satellites. Lockheed Martin is developing the Orion capsule (a remnant of the Constellation program of the G. W. Bush era) and angling to get some of the ISS business, space tourism, etc.

      We also see the development of new space launch companies: for example, SpaceX, Virgin Galactic, Bigelow Aerospace, and XCOR. What is notable is that the last three are attempting to create a space tourism industry without any significant contribution from government (presumably, they would occasionally provide services to researchers and others who often have government funding, but they wouldn't be paid directly by government).

      So where am I going with this? I think this may provide the seed for a strategy for turning a government dominated economy into a freer, private-sector dominated economy.

      I see a certain number of steps:

      • * Encourage private industry to enter the market. In the 70s, there were no private sector launch vehicles, everything that went into space went up on a government owned vehicle. The 80s saw the creation of the first private launch vehicles.
      • * Force the government to buy private services when available.
      • * Eliminate when practical the government provided service. Currently, the only future government vehicle proposed is a "heavy lift vehicle", currently mandated by US Congress to be 70 tons or greater to low Earth orbit. I don't think it's a good idea, but it at least is not duplicating an existing commercial launch service.
      • * Discourage regulatory smothering of the new industry. For example, it's pretty obvious that space tourism will be dangerous. Yet the FAA chooses not to regulate the industry *yet* in the absence of data and knowledge.

        Currently, the US has what I consider near minimal regulation on satellite launch. The key thing is that the operator of the satellite has to provide guarantees that the satellite won't be a hazard to other property in orbit. The usual way is to have on-board maneuverability along with a plan for decommissioning the satellite when it
    207. Re:No need to break what isn't broken by khallow · · Score: 1

      And I said, no, personhood has nothing to do with protecting shareholder rights. It protects the shareholders from liability. Maybe that is what you meant to say?

      Well, you should have said here what you said there. Personhood doesn't have to do with the corporate veil, the shield against liability.

      I doubt that was ever true. The UK never did that, for example. Further, given the often vile envy and hate that cuts through any human society, it is better that US society currently has no say in corporate charters.

      See: http://www.thirdworldtraveler.com/Corporations/Hx_Corporations_US.html or just google "corporation history charter revoke"

      From that link, I read:

      In fact, the corporate presence in prerevolutionary America was almost as conspicuous as it is today. There were far fewer corporations then, but they were enormously powerful: the Massachusetts Bay Company, the Hudson's Bay Company, the British East India Company. Colonials feared these chartered entities. They recognized the way British kings and their cronies used them as robotic arms to control the affairs of the colonies, to pinch staples from remote breadbaskets and bring them home to the motherland.

      So I was right about UK corporations. Further, when I googled on your suggested search term I came across this article.

      The revocation movementâ(TM)s account of history has been laid out in many places; one is Taking Care of Business, a 1993 pamphlet by activists Richard Grossman and Frank Adams. The tract notes that in the early 19th century, enterprises took many forms, from limited partnerships to unincorporated associations to cooperatives. âoeLegislatures also chartered profit-making corporations to build turnpikes, canals and bridges,â the authors write. âoeBy the beginning of the 1800s, only two hundred such charters had been grantedâ¦. Citizens governed corporations by detailing rules and operating conditions not just in the charters but also in state constitutions and state laws.â

      The pamphlet does not explain why a business would tolerate such restrictions, if all it need do to avoid them was not incorporate. The answer, of course, is that incorporation bestowed certain advantages. In those days, historian Robert Hessen notes in his 1979 book In Defense of the Corporation, corporate charters often included special privileges, such as âoea legally enforced monopoly, exemption from taxation, release of employees from militia and jury duty, power to exercise eminent domain, and authorization to hold lotteries as a means of raising capital.â Others received direct subsidies from the government.

      So how are obtaining special competitive advantages from government in the public interest?

      Second, you ignore that no one is able to determine what the public interest is. In the US, the Supreme Court punted on this subject for the most part, acquiescing at the federal level to the legislative branch on deciding what is in the public interest. The legislative branch in turn is notorious for placing special interests ahead of public interests.

      My view is that it is best that the option remains unused. There are better ways to destroy a corporation or other business that has used up its public interest credit card, namely, through bankruptcy court.

      For local affairs, society is not capable of determining for the most part what is in the public interest. Common dangers that threaten everyone? I think we can usually find consensus on that (doesn't always happen, for example, this very debate about corporate personhood happens because people disagree on what the problem is). But a corporation whose dissolution would have a numbe

    208. Re:No need to break what isn't broken by jimrthy · · Score: 1

      Oh come on. Government is so pervasive in the modern world, that you won't find pure private enterprise beyond black markets and below the tax radar transactions.

      This is a Very Bad Thing. It will not change until people realize that.

      It's also worth noting that arguing that a business is part of government because they have to involve government, is a cliched argument of pro-government advocates.

      Charles Koch recently published an article in the Wall Street Journal talking about all of their political donations. He explicitly stated that he hates playing that game, but he doesn't have any choice. It's self-defense. For whatever that's worth.

      My claim is that, in the US at least, giant corporations and big government have functionally merged into one entity. And, again, that this is a Very Bad Thing. Corporations have pretty much always been troublesome since their invention, but they didn't get totally out of control until the Supreme Court decided that they're people with rights.

      It's very similar to the argument "Government builds your roads so you aren't allowed to criticize government spending!"

      I'm not sure how you made that logical leap.

      Any real move to a separation of government and the private sector won't change the private landscape that much at first. Any effort to reduce government will have to accept that the big corporations will for the most part survive the transition.

      Giant corporations have a vested interest in growing government. As long as they own the politicians, any attempt to reduce it is doomed.

      For example, in space launch (an area I keep up with)...

      Doesn't everyone on slashdot? :-)

      Absolutely none of what you wrote demonstrates a need for corporate personhood. I can kind-of see an LLC in this instance to protect against financial liabilities, though I don't like it. But, when the designers cut corners and wind up with a faulty o-ring that leads to an explosion after they launch a manned flight...I want the person who was responsible for that decision to face some serious consequences.

      If the SEC were doing its job, several corporate bankers would be in jail now for fraud, and most of the Wall Street shenanigans there would stop. As it stands, they totally ignore whistle- blowers.

    209. Re:No need to break what isn't broken by Anonymous Coward · · Score: 0

      Good sir, I would mod you informative if I could, as it is, hopefully some mod will do the same. So, on that list we have....14 companies. So either that means Corporations as a whole, of the millions that exist in the US alone, only fourteen have committed a crime and been found out, or else it means only fourteen have committed a crime so blatant that even their masses of lawyers and piles of cash could not save them. So, tell me, do the defenders of corporate personhood believe these fourteen cases prove their point? Because I'm pretty sure that the fact Enron isn't on there, or AIG, or Bear Stearns is a pretty good indication that criminal law does not apply to corporations exactly the same as it would apply to a 'person'.

    210. Re:No need to break what isn't broken by MattSausage · · Score: 1

      Sorry, posted as AC before: Here's what I wrote. Good sir, I would mod you informative if I could, as it is, hopefully some mod will do the same. So, on that list we have....14 companies. So either that means Corporations as a whole, of the millions that exist in the US alone, only fourteen have committed a crime and been found out, or else it means only fourteen have committed a crime so blatant that even their masses of lawyers and piles of cash could not save them. So, tell me, do the defenders of corporate personhood believe these fourteen cases prove their point? Because I'm pretty sure that the fact Enron isn't on there, or AIG, or Bear Stearns is a pretty good indication that criminal law does not apply to corporations exactly the same as it would apply to a 'person'.

  15. Businesses trying to tell us what to do by zoomshorts · · Score: 3, Insightful

    Sadly, most elected officials do not realize, that we the People, ALLOW these businesses to do business in our country.
    Just like they think they lead us, when the words lead, leader and leadership, do not exist in the U.S. Constitution.

    The tail shall not wag the dog. End of story. Get out and vote against these idiots! It is your DUTY as an informed
    electorate.

    1. Re:Businesses trying to tell us what to do by dkleinsc · · Score: 1

      Oh, they know this perfectly well, but for $25000 in campaign contributions they can conveniently forget it.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    2. Re:Businesses trying to tell us what to do by Anonymous Coward · · Score: 0

      informed electorate? are we talking about the US electorate?

    3. Re:Businesses trying to tell us what to do by Anonymous Coward · · Score: 0

      LOL. U Mad!

  16. Outraged by PopeRatzo · · Score: 2, Insightful

    Apparently, these eight supreme court justices need to be taught a lesson.

    Don't they know that the original intent of the framers of the Constitution was that corporations are persons, except when it comes to paying taxes? Also, union members are not persons.

    --
    You are welcome on my lawn.
    1. Re:Outraged by JSBiff · · Score: 1, Troll

      Should people working together as a group have less rights than those same people if they are working on their own?

    2. Re:Outraged by Tom · · Score: 3, Insightful

      The people certainly not.

      But why does the group need extra rights for itself, if all the people within it already have them?

      --
      Assorted stuff I do sometimes: Lemuria.org
    3. Re:Outraged by maxume · · Score: 2

      Corporations generally give those people the right to participate in the activities of the corporation without being fully responsible for those activities, and people can work together without forming a corporation, so what's your point?

      --
      Nerd rage is the funniest rage.
    4. Re:Outraged by PPH · · Score: 1

      Should people working together as a group have less rights than those same people if they are working on their own?

      As a corporation, yes. If you want to retain your entire set of rights, form a partnership.

      --
      Have gnu, will travel.
    5. Re:Outraged by canajin56 · · Score: 0

      The onus is on you to explain why a person working alone should have less rights than if they were still working alone, but bought a corporate charter from the government. If I buy airtime to tell malicious lies about a politician, I can be sued. If I buy a corporation, I can say the corporation told me to say those things. Now I am immune from suit. The corporation gets sued, it goes bankrupt. But it's not me, we are wholly independent people. So, I am fine.

      --
      ASCII stupid question, get a stupid ANSI
    6. Re:Outraged by Anonymous Coward · · Score: 0

      So a corporate tax rate lower than personal tax rates is a bad thing, even if it encourages hiring, investment, and economic growth? We should raise corporate taxes, regardless of the *actual* effect that action has on the economy? (If you think it's hard surviving on 30,000 / yr, imagine how much harder it would be to survive on 0 / yr because you're unemployed...)

      And since when has the tax rate one is subject to become the main determinant of their value to society? If you truly believe that's the case, then perhaps poor people who pay little or no taxes should stop griping and let the rich people run the show? Corporations & poor people can be relegated to the "low tax rate" ghetto where they get told what to do by the people who pay higher tax rates!

    7. Re:Outraged by Anonymous Coward · · Score: 0

      Rights exist (at least theoretically) to protect the weak.
      Groups of people are stronger than people on their own.
      So groups of people need less rights.

      Does that answer your question?

    8. Re:Outraged by Anonymous Coward · · Score: 1

      "Extra" rights? Are you borrowing rhetoric from the anti-marriage-equality brigade?

    9. Re:Outraged by JSBiff · · Score: 1

      You seriously need to read about piercing the corporate veil. The corporation does not provide a complete screen against personal liability. What it does do is limit the liability of people who have little to no power (either because they are a minority shareholder, or a lower-level employee who is totally ignorant of upper-level decisions until after the fact, etc). It also allows the corporation to assume debt without forcing every shareholder to be putting their own house on the line. This is a GOOD THING unless you want the economy to almost totally collapse from people being terrified of losing their house, car, etc. because they bought $1000 of common stock in a company which took out a loan to build something, but the business didn't work out, and the company had to go bankrupt.

    10. Re:Outraged by betterunixthanunix · · Score: 1

      Should people working together as a group have less rights than those same people if they are working on their own?

      Actually, yes:

      http://en.wikipedia.org/wiki/United_states_government

      --
      Palm trees and 8
    11. Re:Outraged by fishexe · · Score: 1

      Should people working together as a group have less rights than those same people if they are working on their own?

      No. Fortunately, corporate personhood has nothing to do with this hypothetical of yours.

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    12. Re:Outraged by PopeRatzo · · Score: 1

      So a corporate tax rate lower than personal tax rates is a bad thing, even if it encourages hiring, investment, and economic growth?

      Corporate tax rates have no connection to hiring, investment or economic growth. Some of our periods of highest employment, investment and economic growth were also periods of highest tax rates.

      I don't blame you for not knowing that. You're unlikely to hear about history on the radio.

      --
      You are welcome on my lawn.
    13. Re:Outraged by Tom · · Score: 1

      Not at all.

      Five people individually have five sets of rights.
      Five people forming a corporation results in six sets of rights, because the corporation is a new entity with its own set of rights.

      That is one additional set of rights. It really is that simple, no amount of cheap rhetorics will get you around the simple math.

      --
      Assorted stuff I do sometimes: Lemuria.org
  17. Re:WRONG by Anonymous Coward · · Score: 1

    And I don't see why a group of people working together should have MORE rights then the individuals that make up the group.
    Corporations are not people. The people working in the corporation... wait for it... are people. If we crippled the power of the corporations, they'd have the exact same rights as you or me.

  18. The group should have less rights by Anonymous Coward · · Score: 0

    Each individual in the group already has 100% of their rights as a person. Nothing is lost.

    1. Re:The group should have less rights by PopeRatzo · · Score: 1

      Each individual in the group already has 100% of their rights as a person. Nothing is lost.

      Then why do corporations require First Amendment rights, as created by the Citizens United case, since everyone in that corporation already has those rights?

      The most important reason to have collective bargaining is because it's really good for everyone, including management. Everybody wins, including the taxpayers who are paying the contracts negotiated by the public-employee unions.

      You have to be really short-sighted to oppose collective bargaining. Unfortunately, short-sightedness is an epidemic.

      --
      You are welcome on my lawn.
  19. Re:WRONG by Tom · · Score: 3, Insightful

    I personaly don't see why people working together should have less rights than people working alone.

    They don't. The people working at a corporation are nowhere even the subject of the discussion. The rights at stake are additional rights given to the corporation.

    I personally don't see why people working together should have more rights than people working alone.

    --
    Assorted stuff I do sometimes: Lemuria.org
  20. Scaling is the difference by vlueboy · · Score: 1

    I personaly don't see why people working together should have less rights than people working alone.

    Scale. Gangs of thieves also don't get to have 100,000 employees worldwide. You can put a whole gang of thieves in jail, effectively dissolving their "corporation."

    Thief corporations can only be dissolved and jail pretty much avoided in the USA --look at Bernie Madoff's cover-up of his 'nonexistent' accomplices. A result is that the same 100,000 thieves will be out there doing other thieving and banding together after a PR rebranding effort.

    The question is which 'status' would most people choose given a default 'evil' mentality?

  21. Re:WRONG by radl33t · · Score: 1

    I do when their cooperation limits their liability, hence their accountability to illegal or unethical behavior.

  22. Yes it is. by Anonymous Coward · · Score: 0

    Yes it is.

    But a corporation doesn't live.

    1. Re:Yes it is. by countertrolling · · Score: 1

      Oh yes they do. They merge, and spin off "little" corporations. They attack and defend. They grow and shrink. They act very much alive, in the same manner as their creator. A corporation is made in man's image. A corporation can be a person, but man is their god. So we should probably treat them with total indifference, just like the real thing. We are their creator and destroyer, on a whim. Nature is equally whimsical, creating and destroying entire systems.

      --
      For justice, we must go to Don Corleone
  23. When a company is fined, who pays? by dlenmn · · Score: 4, Insightful

    When a company is fined, who pays the price? For public companies (most of the companies we care about), the answer is basically shareholders -- almost all of whom had no part in the wrongdoing. So the main effect is that some people in the company do something wrong, then all shareholders get fined. I think more fines should be leveled on the people who actually did the wrongdoing (although fining the company is still somewhat useful as it does provide an incentive not to break the law -- it's just that the burden of the fine is mostly misplaced).

    1. Re:When a company is fined, who pays? by Fieryphoenix · · Score: 4, Insightful

      Hitting the shareholders' pocketbooks is what should motivate them to keep douchebags out of leadership positions in the company.

    2. Re:When a company is fined, who pays? by fishexe · · Score: 3, Insightful

      When a company is fined, who pays the price? For public companies (most of the companies we care about), the answer is basically shareholders -- almost all of whom had no part in the wrongdoing.

      False. Their part in the wrongdoing was voting for the board that hired the people (...that hired the people...[repeat as necessary]) that did the wrongdoing. Do you think just because your ownership is in the form of stock, that you have no responsibility to even investigate whether the people generating your dividends are trustworthy enough not to lie, cheat, steal, maim or kill?

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    3. Re:When a company is fined, who pays? by schwit1 · · Score: 2

      "Do you think just because your ownership is in the form of stock, that you have no responsibility to even investigate whether the people generating your dividends are trustworthy enough not to lie, cheat, steal, maim or kill?"

      Yeah. I have IRAs and mutual funds that are made up of dozens of stocks. Maybe you have the time and resources to investigate all of their chief officers and board directors, I don't.

    4. Re:When a company is fined, who pays? by foobsr · · Score: 2

      When a company is fined, who pays the price?

      Until now I thought that it is the customers/consumers that pay for the company's services/goods/products. Shareholders may earn less, but they pay nothing.

      CC.

      --
      TaijiQuan (Huang, 5 loosenings)
    5. Re:When a company is fined, who pays? by fuzzyfuzzyfungus · · Score: 4, Interesting

      The whole point of "shares", and limited liability companies in general, is to allow people to purchase a slice of the outcome of an enterprise the could not afford to undertake themselves; but without the risk of losing more than they put in.

      The risk that shares will lose value is part and parcel with the whole concept of "share". In fact, shareholders are already coddled today much more than they were historically. At one time, getting an LLC was a major thing, not just some paperwork. People actually had to put their own assets on the line with "partnerships". Limited liability stock is a luxury by comparison.

      Now, as a pragmatic matter, I strongly suspect that targeting individual corporate officers with criminal penalties when they do criminal things(ie. if somebody knowingly exposes workers to unreasonable hazard that proves fatal, don't dick around with corporate fines, treat that somebody the same way you would anybody else who subjects others to unreasonable hazard - put them up on manslaughter charges) would have a salubrious effect on corporate behavior, and would be a good public policy move. However, there is absolutely nothing unjust with punishing corporations in ways that damage the value of shares. That is sort of the whole point. (On a separate; but related, note: it sure would be nice if corporate charters were amended such that shareholders had much greater actual power, so they would have some chance of heading things off, rather than just voting with their feet once the clusterfuck started...)

    6. Re:When a company is fined, who pays? by mrchaotica · · Score: 4, Insightful

      The problem with that is that the shares are filtered though so many layers of mutual funds and derivatives and hedge funds and private equity and TLAs and who knows what else that the majority of the shareholders don't even realize that they even are shareholders at all!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    7. Re:When a company is fined, who pays? by Sarten-X · · Score: 1

      I don't either, and as such I don't vote in corporate elections. I also don't then complain when a company I partially own screws up, gets punished, and I lose some money.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    8. Re:When a company is fined, who pays? by Stregano · · Score: 1

      You say that like the shareholders have a say in who is hired. They may be allowed to vote on the board in some cases, but if some Director down the line is helping the company's bottom line, the board will think nothing of it. Remember, because of things like AA many companies will go through a normal hiring process to give every person a chance to apply for the job. You are also assuming it is always the board doing the wrong and/or the board always knows about it. Why should I be punished because some guy who is not on the board is doing crooked stuff? Besides saying who is possibly on the board itself, the shareholders have much less say about who gets hired to do what than you think. That would be like punishing the night manager of K-Mart for an employee stealing from the store. Well technically, the night manager hired the guy, so it is all on him. Let's go further: the night manager is hired in by the general manager, who was hired by the regional manager, who was hired by some corporate guy, who was hired by the board. Well, I guess it is the shareholder's fault for the thousands in theft the guy in the warehouse stole, since the shareholders brought in those guys on the board. Yes, this is a crazy example, and a better one could probably be thought of, but you see my point. Unless it is somebody specifically on the board, who got voted in by the shareholders, it should not be placed on the shareholders.

      I went based off of a wrong doing perspective. So if we take this to a higher level, say dumping toxic waste into a lake, and the shareholders and board are unaware, but some director somewhere said that he found a good, cheaper way to get rid of the waste, we should still take it from the shareholders?

      You are also acting as though some corporate big wig will be honest enough for you to dig up their crooked deeds they have done. No, it is like being in politics, they will bold face lie to you and then get into office and you think "damn, had I known he would do this, I wouldn't have voted for him"

      I have to disagree with you and say that it is not the shareholders who should take the hit. It should not be their responsibility to go CIA and dig up if the person did any dirty deeds, and if they didn't/the deeds went undocumented, then they need to find some way of investigating further to ensure the information they have is accurate. The shareholders put a trust into the board to select the proper people, and when that does not happen, just like in politics, the common man (shareholders/tax payers) have to take the hit.

      --
      The world is how you make it
    9. Re:When a company is fined, who pays? by fishexe · · Score: 2

      "Do you think just because your ownership is in the form of stock, that you have no responsibility to even investigate whether the people generating your dividends are trustworthy enough not to lie, cheat, steal, maim or kill?"

      Yeah. I have IRAs and mutual funds that are made up of dozens of stocks. Maybe you have the time and resources to investigate all of their chief officers and board directors, I don't.

      All right, I'll make you a deal. When I get cancer because some company knowingly dumped carcinogens in my drinking water for thirty years because it was more profitable than disposing of them properly, instead of suing, I'll just say to myself, "schwit1 might own some stock in this company, through his IRAs and mutual funds, and it really wouldn't be fair, after letting him profit from the same actions that gave me cancer, to then take some of that money back from him, because gosh darnit, he just doesn't have the time to make sure these things don't happen!"

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    10. Re:When a company is fined, who pays? by fishexe · · Score: 1

      I went based off of a wrong doing perspective. So if we take this to a higher level, say dumping toxic waste into a lake, and the shareholders and board are unaware, but some director somewhere said that he found a good, cheaper way to get rid of the waste, we should still take it from the shareholders?

      Yes. They are the ones who profited from the improvement to the bottom line that the dumping caused, and they were perfectly happy to take their dividends and not ask questions. If they can profit from misconduct, they can pay for the exact same misconduct.

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    11. Re:When a company is fined, who pays? by s73v3r · · Score: 1

      Most shareholders have no say in who's in leadership positions in the company. The Board of Directors picks the CEO, and the CEO largely picks the Board.

    12. Re:When a company is fined, who pays? by shentino · · Score: 1

      That's an interesting question.

      When stock is held as part of a mutual fund, who exercises the voting rights?

    13. Re:When a company is fined, who pays? by s73v3r · · Score: 1

      I don't get to vote on the board. I either get to accept who the CEO has selected, or I can reject, but next to the reject box is something telling me how much money holding an actual election would cost.

    14. Re:When a company is fined, who pays? by BenLeeImp · · Score: 1

      In my experience, those shareholders that have voting rights are usually aware. Of course, if you invest in a fund, the fund is usually the shareholder, so even if you have voting rights you don't count.

    15. Re:When a company is fined, who pays? by drinkypoo · · Score: 1

      When someone in favor with the government does this it's called a mutual fund or a hedge fund or whatever. When someone out of favor with the government does it, it's called money laundering. Either way it doesn't absolve anyone of responsibility for their actions.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    16. Re:When a company is fined, who pays? by Stregano · · Score: 1

      They are not the only ones that profit.

      --
      The world is how you make it
    17. Re:When a company is fined, who pays? by bzipitidoo · · Score: 1

      Also, don't bother, because for the most part such elections are not meaningful. They are mere shows put on to give the appearance that the owners have a voice. But owners are routinely kept in the dark on a whole host of crucial matters. For instance, I can't recall the last time a recommendation to vote for a pay package actually told the amounts in easily understood terms such as dollars rather than percentages of profits or stock options. The people running the show-- setting the agenda, deciding which questions to put to the owners, what and how to tell as little as possible to satisfy pesky legal requirements, that sort of thing-- view stockholders with contempt.

      If these were real votes, we would have long ago called them on the baloney they use to justify the outrageous pay of upper management. Interestingly, this problem seems confined to US corporations. I've heard "star power" as one justification. The CEO and his team are practically deified. They've got the board so afraid of their supposed irreplaceability, their ability to run the business better than any others, that they roll right over on issues of pay. I don't object to high pay, if it is deserved. But they've been handed the keys to the kingdom, so to speak, and they've used their power to loot companies of every penny the company can bear to lose without quite dying. May have to whip the peons a bit harder to ensure survival. This is money that should go to stockholders, not upper management. Of course managers are also stockholders themselves, which is okay, so long as they aren't cut sweetheart deals on options and such like, deals which come straight off the value of the stock. Except they are. And we can do very little about it. Good luck even getting such issues on the agenda. Only things restraining them is what's left of regulations against all manner of underhanded schemes, that we can still vote with our feet, and possibly unions. That is, I have no sympathy for screams of anguish over how union pay packages are outrageous and bankrupting companies, so long as upper management pay packages are also outrageous.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    18. Re:When a company is fined, who pays? by Belial6 · · Score: 1

      And the damage to the company should include punishment all the way up to the death penalty (lose their charter) and imprisonment (required to shutter their doors). Yes, people would lose their jobs. Yes, it would financially devastate the business. That is the same thing that happens when a real person is imprisoned or put to death. The only difference is that Big MegaCorp is considered to be a more important person than me, so while they get the rights that I do, they don't have to take the responsibility.

    19. Re:When a company is fined, who pays? by cayenne8 · · Score: 2

      That is, I have no sympathy for screams of anguish over how union pay packages are outrageous and bankrupting companies, so long as upper management pay packages are also outrageous.

      Well, I do.

      I believe it is up to the individual to be able to negotiate their salary/bill rate and benefits. If some one, a management type, can somehow pull off convincing someone he is actually worth millions a year, etc...then more power to him. The people hiring him are the idiots.

      I know what my skills are worth in the marketplace...and when I negotiate salary for a W2 job, or bill rate for a 1099 job...I keep that in mind. I may take a little less money, for more paid time off...I insist on EVERY job, that I get paid for every hour I'm there. I don't work for free...if I work over 40 hours in a week, I insist that every hour over that comes in at least at normal hourly rate. That keeps them honest on how much they work me.

      My free time is VERY valuable to me...I only work to earn money to have to enjoy my free time...

      If you are stupid, or timid, or don't have enough incentive to study your worth and fight for it...then I don't have a lot of sympathy for you, I'm sorry. If I can do it..so can you. I'm nothing that special.

      And if you screwed around in school...didn't study, didn't work there...and all you can do is dig a ditch..well, that's your lot in life. As the saying goes, the world needs ditch diggers too.

      You just don't deserve $30/hr...long paid vacations, and huge benefits like someone who worked and made something of themselves and have the working worth more demanding than physical labor....someone with a skill, deserves more.

      I don't like the unions, because they can skew this....and reward lackluster or downright BAD performance.

      Unions has a purpose way back in the day, and they did do some beneficial things that we all enjoy today. However, those times are past..and they are more of a drag on the economy today. And hey, is some people want to join unions...well, while I don't like them...it should be your right to do so. I don't, however, think any one person should be forced to join a union and pay dues to work tho. They should have a choice...otherwise is un-American IMHO.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    20. Re:When a company is fined, who pays? by mordenkhai · · Score: 1

      I assume it is fund managers, I recall seeing in the last year that more fund managers are showing up to stockholder meetings and demanding better oversight on decisions. Just recently a fund in Ca was unhappy with Apple plans and it sounded like the managers of the fund made the decision not the people whose retirements are vested in the fund itself.

    21. Re:When a company is fined, who pays? by rhsanborn · · Score: 2

      Punishing corporations is to encourage corporations to enact policies across the board that prevent these kinds of abuses from happening. But make no mistake, when it can be proven, knowingly causing harm or fraud is personally punishable, as can be evidenced by several Enron execs in prison. The fact that investigators aren't more vociferous about finding and personally punishing individuals for malfeasance is a matter of public policy. Write your senators and congressmen.

    22. Re:When a company is fined, who pays? by internettoughguy · · Score: 1

      All right, I'll make you a deal. When I get cancer because some company knowingly dumped carcinogens in my drinking water for thirty years because it was more profitable than disposing of them properly, instead of suing, I'll just say to myself, "schwit1 might own some stock in this company, through his IRAs and mutual funds, and it really wouldn't be fair, after letting him profit from the same actions that gave me cancer, to then take some of that money back from him, because gosh darnit, he just doesn't have the time to make sure these things don't happen!"

      Now your just talking out of your ass, it should be obvious that shareholders are not privy to the day to day machinations of upper management, they often have little to go on deeper than whether they have vertical or horizontal pinstripes on their suit. They have even less knowledge of the lower ranks and shady distributors, how was the Fonterra shareholder supposed to dowse info on the melamine contaminated milk powder, time pending or otherwise?

    23. Re:When a company is fined, who pays? by Anonymous Coward · · Score: 0

      as can be evidenced by several Enron execs in prison.

      I've been with you so far, but the only Enron execs to go to prison were Andrew Fastow and Jeffrey Skilling. Of course, Ken Lay only avoided prison by being executed, er, I mean shooting himself.

    24. Re:When a company is fined, who pays? by fishexe · · Score: 1

      That has nothing to with the point in the post you are responding to. My point was that the shareholders are taking the profits, and they can take the losses. I don't know why you're driveling on about the specifics of what people know or don't know.

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    25. Re:When a company is fined, who pays? by bzipitidoo · · Score: 1

      Everything you say about unions also applies to management.

      If some one, a management type, can somehow pull off convincing someone he is actually worth millions a year, etc...then more power to him.

      Managers already have way more advantages. They have more training and education. I would guess they are on average more intelligent, but there are many exceptions of course. They should be paid more, and they are. Peons are easier to replace. Why then do you dislike one of the few advantages the peon has? Only managers get to have even more advantages than they already have? I don't like some of the practices unions use, and some of the concessions they negotiate-- you mentioned featherbedding-- but that's not reason enough to bash unions generally. Not with the examples management sets with their own greed and irresponsibility.

      reward lackluster or downright BAD performance.

      Yep, lot of horrible managers who are paid very well even when they make terrible decisions that hurt the company. They lie, cheat, steal, and mess up people's lives. It's like, their pay isn't linked to their performance.

      No one should be free of accountability. Not workers, and definitely not managers. But managers have to lead. If the workers see them looting the company treasury, perhaps even in cahoots with the board, why shouldn't they angle for a piece too? No reason at all.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    26. Re:When a company is fined, who pays? by Red+Flayer · · Score: 1

      Most shareholders have no say in who's in leadership positions in the company

      Kinda true. More on that below.

      The Board of Directors picks the CEO, and the CEO largely picks the Board.

      What are you talking about? The CEO does not 'largely pick the board'. A subset shareholders elect or pick the board.

      The problem is the subset of shareholders. Who are they? Those who own a significant portion of the stock. Those who control the votes of shareholders via mutual fund management (ever notice the fine print when you join a mutual fund? that whole bit about assigning your vote(s) to a proxy?).

      Where it gets to be silly is when the ultra-wealthy get to appoint each other to Directorships at different companies. There's this kind of incestuous relationship between Boards of companies and investors in related companies.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    27. Re:When a company is fined, who pays? by Red+Flayer · · Score: 1

      I have IRAs and mutual funds that are made up of dozens of stocks. Maybe you have the time and resources to investigate all of their chief officers and board directors, I don't.

      Which is why you signed over you authority to do so to your proxy. Didn't you read the fine print?

      IOW, you pay your fund manager or other proxy to do this for you. The problem is, are you sure they are acting in your best interest?

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    28. Re:When a company is fined, who pays? by Red+Flayer · · Score: 1

      For instance, I can't recall the last time a recommendation to vote for a pay package actually told the amounts in easily understood terms such as dollars rather than percentages of profits or stock options. The people running the show-- setting the agenda, deciding which questions to put to the owners, what and how to tell as little as possible to satisfy pesky legal requirements, that sort of thing-- view stockholders with contempt.

      From my perspective, giving absolute dollar figures is meaningless. Percentages of profits is a more significant metric, IMO. Re: stock options, it's not too hard to calculate... you do read the annual report, right? So you know how many shares are outstanding, the approximate value of those shares, etc.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    29. Re:When a company is fined, who pays? by Red+Flayer · · Score: 0

      I know what my skills are worth in the marketplace...and when I negotiate salary for a W2 job, or bill rate for a 1099 job...I keep that in mind. I may take a little less money, for more paid time off...I insist on EVERY job, that I get paid for every hour I'm there. I don't work for free...if I work over 40 hours in a week, I insist that every hour over that comes in at least at normal hourly rate. That keeps them honest on how much they work me.

      And for all that, you're still a wage slave. You're still talking about getting compensated for your time, not for the value that you bring to your employer / contract holder.

      I don't care about my market value on a time basis. What I do care about is my *actual* value, and ensuring that my employer is also aware of this. This is why I'm paid well above market value.

      See, it's easy to be condescending to people. You condescend to people whose value you do not appreciate; I condescend to you, who while is worth more than those you look down upon, are still a wage slave.

      I don't, however, think any one person should be forced to join a union and pay dues to work tho. They should have a choice...otherwise is un-American IMHO.

      Why the boldface on the word "forced"? To make it less likely that people will see through your falsehood? No one is forced to join a union. It's a choice. If you don't want to join a union, then don't work at a union-only shop. There is no place in the US where membership in a union is legally required for employment.

      What's un-American is not allowing a company and a union to come to a voluntary agreement under which the company obligates itself to only hire union employees.

      One more quick note:

      However, those times are past..and [unions] are more of a drag on the economy today

      This statement is a little problematic, if you're intending it to be a foundation for any kind of logical progression to action. Massive executive salaries are also a drain on the economy; does that mean we should not allow executive compensation to be so high? Some corporate profits are also a huge drain on our economy today (when not spent in the US); does this mean we should restrict them, or that they are a bad thing?

      See, it's funny... on one hand you seem to praise the value of free action in markets (in re: your salary/contract negotiations), but on the other hand you seem to categorically dismiss the modern utility of something that exists in the market (if it had no value, it wouldn't exist).

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    30. Re:When a company is fined, who pays? by bzipitidoo · · Score: 1

      stock options, it's not too hard to calculate...

      To the contrary, options significantly complicate valuations. Dozens of employees can have options which expire at different times, have different strike prices, and may include additional terms such as a date before which they may not be exercised. It's not that the calculations are difficult, so much as that they are numerous and opaque. The stock market is in many ways a poker game, and options are like giving some players an extra card in the hole. They can be a backhanded way of transferring wealth from stockholders to upper management, as options almost always hurt the value of the underlying asset. (An exception is if the options never cease to be underwater.) In exchange, stockholders are supposed to receive better management. It's the old "to a man with a hammer, every problem looks like a nail". But technical problems cannot be solved with "management fu". While throwing more money at a problem can marshal more resources, it cannot directly solve a problem. If they can be solved, it is ultimately with research and engineering.

      The idea is, as I'm sure you know, that options are a means of tying pay to performance, to "incentivize" management. That sort of thinking sounds more like another feeble justification for the extreme pay they are given. How much research has been done on how well these sorts of incentives work? I would guess very little, and the conclusions are that they do not work and aren't worth the cost. And that we don't need lots of research to figure this out. These options are merely thinly veiled money grabs.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    31. Re:When a company is fined, who pays? by Red+Flayer · · Score: 1

      Dozens of employees can have options which expire at different times, have different strike prices, and may include additional terms such as a date before which they may not be exercised. It's not that the calculations are difficult, so much as that they are numerous and opaque

      While they can be complex, the annual report spells out the details that could otherwise be confusing. You'll see weighted average exercise price, weighted average years til expiry, etc.

      The info is there, and it's not hard to calculate what it means.

      The idea is, as I'm sure you know, that options are a means of tying pay to performance, to "incentivize" management. That sort of thinking sounds more like another feeble justification for the extreme pay they are given. How much research has been done on how well these sorts of incentives work? I would guess very little, and the conclusions are that they do not work and aren't worth the cost. And that we don't need lots of research to figure this out. These options are merely thinly veiled money grabs.

      Now I see where you're coming from. And I have to say, there's a lot of guesswork on your part. Stock options are a form of compensation, period. This is tangential to the problem of overcompensation -- it's the overcompensation that's a problem, not the means by which it is accomplished. Stock options are a form of deferred compensation. Deferred comp is a very useful tool for cash-strapped young companies who seek to retain top talent. And using stock options allow them to tie the payout to work outcomes. Sure, it's a bit of a lottery. And sure, it devalues other shares. But options are not nearly as obfuscated as you make them out to be.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    32. Re:When a company is fined, who pays? by fishexe · · Score: 1

      Really? The people to whom a company's profits are distributed don't profit when the company distributes more money to them?

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
  24. Re:WRONG by Jedi+Alec · · Score: 1

    And every single one of those parties enjoys the freedom of the individual, as well as the responsibilities that come with that freedom.

    Corporations want the same freedoms, but cannot be held to the same responsibilities as the individuals involved.

    --

    People replying to my sig annoy me. That's why I change it all the time.
  25. Re:WRONG by PPH · · Score: 1

    "People working together" is a partnership. That's something the state should not be able to prevent. But a corporation is a distinct entity, created with the permission of the state, to shield groups of people from individual liability. When we, the people, grant such permissions, we have the right to withhold any individual rights or impose duties and responsibilities as we see fit.

    As a creation of the state, it should not be possible to create a corporation that is granted rights with the state itself does not possess. That's just an end run around the Constitution.

    --
    Have gnu, will travel.
  26. Re:WRONG by NeutronCowboy · · Score: 0

    People working in corporations have MORE freedoms than those not working in one. One tasty bit is that unless it can be proven that a single individual broke a very specific law, individuals are NOT held responsible for things that were done in the name of corporation. Another one is that only assets held in the name of the corporation can be seized in case a corporation did something wrong, or is going bankrupt. This means that an individual acting on behalf of a corporation has more freedoms and less risks than someone who isn't. This needs to be balanced.

    --
    Those who can, do. Those who can't, sue.
  27. Corps have far more "voting" rights than commoners by rcamans · · Score: 1

    Corporations can lobby politicians, who ignore commoners. Money, power, fame are the only ways to get noticed by politicians. Corporations have all three.
    And they really donate when the politicians are running for office.

    --
    wake up and hold your nose
  28. Re:WRONG by Americano · · Score: 1

    unless it can be proven that a single individual broke a very specific law, individuals are NOT held responsible for things that were done in the name of corporation.

    Are you suggesting that individuals are (or should be) responsible for things that you cannot prove they actually did? Life *would* be much easier without that whole "presumption of innocence" thing, wouldn't it?

    This needs to be balanced.

    The individual working alone can incorporate, and enjoy the same legal protections as any other corporation, while conducting his or her business. Costs a couple hundred dollars in Massachusetts to file the necessary paperwork - if you have assets or conduct business worth more than that, you should be incorporated.

    There, it's balanced.

  29. Now get rid of limited liabiliity for shareholders by Anonymous Coward · · Score: 0

    The creation of the limited liability company was and is a scam to allow rich people to screw you and me without having to take responsibility for it.

    The fewer 'rights' a corporation has the better so far as I am concerned.

  30. "We trust that AT&T will not take it personall by ragundo · · Score: 1

    Where can I get Supreme Court fan T-shirts?

  31. Exactly, personal vs. business by Theaetetus · · Score: 1

    Folks here are already saying things about this ruling diminishing the "person" aspect of corporations. The ruling doesn't really do that. Instead, it rests on a question of statutory construction. In particular, the court says that "personal privacy", a phrase used in FOIA, does not merely mean the privacy of a person, as AT&T argued, but instead refers to particular elements of privacy that only carry meaning when you're talking about an actual human being.

    The most telling part is when Roberts points out that "personal" frequently refers to non-corporate, non-business, non-commercial activities: your personal expenses as opposed to your business expenses, personal deductions vs. business deductions, personal correspondence vs. business correspondence, etc. That doesn't say that a corporation may not have a right to "business privacy" (and they do, see trade secrets), but that "personal privacy" refers to a different animal.

  32. Re:WRONG by maxume · · Score: 1

    He doesn't seem to be suggesting that at all.

    I think his point is that since government regulation creates corporations, it should also probably address any corporate bad behavior.

    --
    Nerd rage is the funniest rage.
  33. WikiLeaks? by seandiggity · · Score: 1

    Anyone know if this can have a residual effect on the way the WikiLeaks bank data might be handled when that goes public? Does this ruling give WikiLeaks a little more breathing room? And, for that matter, what about the HBGary data?

    --
    Geeks like to think that they can ignore politics, you can leave politics alone, but politics won't leave you alone.-rms
  34. Cloud computing anyone ? by Anonymous Coward · · Score: 0

    ....

  35. Re:WRONG by Americano · · Score: 1

    Let's look at what he actually wrote:

    One tasty bit is that unless it can be proven that a single individual broke a very specific law, individuals are NOT held responsible for things that were done in the name of corporation.

    In what court do you NOT have to prove that a single individual broke a very specific law in order for that individual to be held accountable for violating that law? I have two responses to this "tasty bit":
    1) It's a good thing that we can't hold someone liable without PROVING that the individual broke a law;
    2) This is the case for everybody, not just corporations;

    I think his point is that since government regulation creates corporations, it should also probably address any corporate bad behavior.

    That's not what he said, and I'd like specific examples of what you mean by this statement. What bad behavior is allowed of corporations that would not be allowed to individuals?

  36. Corporations Have Become a Threat by Phoenix666 · · Score: 1
    It used to be that Corporations were a temporary construct granted a charter by the government. The terms were usually 10-20 years. If the government did not like what the corporation did during the first term, the corporation's charter was not renewed and the corporation disbanded.

    Then corporations finagled life in perpetuity from governments, and the long slide into unchecked power began. In 1886, a landmark Supreme Court ruling deemed corporations "artificial persons" with nearly all the rights due a natural person. With that, they won the right to lobby the government and twist our system to their sociopathic ends.

    Now here we are after more than 200 years of this experiment in democracy, watching corporations not only lie, cheat, steal, kill, and corrupt with impunity, but subvert our government so thoroughly that it no longer matters which political party holds power; and now they are preparing to sweep away the last vestigial check on their abuses by sidestepping public shareholders and stock markets in favor of private equity where they are beholden to no one but themselves and their buddies in other mega corporations.

    The body politic must wake up soon and correct this, or we will definitely arrive at a very dark place as fast as unfettered avarice can take us. Stripping corporations of the right to lobby and live in perpetuity would be a very significant first step. Applying anti-trust legislation ("Trust" was the previous term for cartels and monopolies) to break up the "too big to fail" companies would be an excellent follow-up. But whatever is done, it must be across the board, with no loopholes, or we will find ourselves back in the same place in a fortnight.

    --
    Do what you can, with what you have, where you are.
  37. Re:WRONG by JSBiff · · Score: 1

    If anyone working for a corporation commits a crime, they are legally accountable. It's not like corporations have a license to break the law. But, why should people working for the corporation, or investors, who were not party to the decisions to break the law, nor party to the actual illegal acts, be held liable?

    See, everyone keeps trying to make this argument, but I see no reason why every person in the group should be 100 percent accountable for the actions of every other member of the group, even if they had nothing to do with the crime? Can you please explain that to me, because that seems to be exactly what you are suggesting *should* be the case?

  38. Re:WRONG by maxume · · Score: 1

    For the first point, you are right that the standard of proof should apply to people whether they are working inside of a corporation or not, the interesting part of the question is whether corporations ever enable an individual to obfuscate such proof in a way that would not be possible as an individual.

    As for the second, the point isn't that corporations are allowed more freedoms than individuals, the point is that incorporation concentrates capability in such a way that corporations can do things that individuals can't (like create deep water drilling rigs).

    --
    Nerd rage is the funniest rage.
  39. Re:"We trust that AT&T will not take it person by fishexe · · Score: 1

    Where can I get Supreme Court fan T-shirts?

    China.

    Seriously. I didn't find Supreme Court T-shirts in the few months I was there, but I did find Supreme Court hats. They have the words "Supreme Court" embroidered on them in flowing quasi-cursive like it was the name of the local minor league ball club.

    --
    "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
  40. See StenchWarrior RUN... LOL! apk by Anonymous Coward · · Score: 0
    1. Re:See StenchWarrior RUN... LOL! apk by Stenchwarrior · · Score: 1

      P.S.=> ROTFLMFatAO! apk

      There, fixed that for ya. ;-)

      --
      Loading...
  41. RTFA carefully by fishexe · · Score: 1

    This decision, unfortunately, did not limit the personhood of corporations. It just limited what "personal privacy" means, to exclude business dealings. This standard applies the same to natural persons as it does to corporations, but since corporations have only business dealings by definition, nothing they do falls under "personal privacy". What we really need is for corporations to be ruled non-persons when it comes to rights generally, and this decisions goes nowhere near even touching that issue.

    --
    "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
  42. StenchWarrior the troll can't take a re-trolling? by Anonymous Coward · · Score: 0

    http://yro.slashdot.org/comments.pl?sid=2015772&cid=35358632

    Why'd you run from discussing that troll? You sure "talk a big game" but when it came down to specifics?? YOU RAN!

    (OR, didn't YOU troll ME, first, there?)

    APK

    P.S.=> You sure can "dish it out", but you cannot take it... and you RAN like the trolling beyotch you are... lol! apk

  43. Re:corporations-as-individuals = insanity or not by DCFusor · · Score: 1
    The fundamental imbalance is that we give them many of the rights of personhood without the responsibilities, as Heinlein pointed out eloquently. We don't put them in jail when they do crimes as we do people, nor do we fine them enough to make the crime not worth it, like we do people. That's really the main thing that has to be fixed.

    As Heinlein also pointed out in the series about the Howards -- long lives give inherent advantages, especially financially. People have to die at some point, but we don't now force corps to die (we did used to). That's the other major imbalance.

    Third, and some tiny progress is being made here, is the corporate veil is all too difficult to penetrate. For example, the people who signed off on Sony's rootkit should face the same penalties I would if I did the same thing. SCO's executives should face jail for fraud. Things that get us regular humans into jail should also apply to corporate employees, period. At least we now make the CEO personally responsible for the financial reports he signs -- a tiny start, but a start.

    --
    Why guess when you can know? Measure!
  44. Re:We did vote against the last batch of idiots by DCFusor · · Score: 1

    And what exactly changed for the better? Or for that matter, at all? Now the new clowns, in their vanity, claim a "mandate" when in truth all we were doing it picking the only other unacceptable choice off a very short multiple choice list. How many times (and years we can't get back) do we have to repeat the performance before the next batch of clowns "gets it". And how many times should it take, by rights? One? did that. Two? Did that too. In fact we've been doing it in most elections for my entire lifetime, and it's almost over for me, I ain't getting any younger -- are you? So get real about the ballot box helping anything at all. That's the bullshit cool-ade they got you drinking. I fell for it too, for about 40 years. I'm telling you from the other side, it's bullshit cool-ade and a flat out lie -- whether by design or accident doesn't matter.

    --
    Why guess when you can know? Measure!
  45. Re:WRONG by Americano · · Score: 1

    the interesting part of the question is whether corporations ever enable an individual to obfuscate such proof in a way that would not be possible as an individual.

    But obfuscation is not a side effect of incorporation, it's a side effect of a large group of people working together - the actions of a single person become harder to track when they've got a hundred other people around them doing stuff that connects to their work. This is not a problem with corporations, per se, but an innate quality of any large group. In fact, the notion of corporate personhood helps to make that "herd immunity" less of an issue with assigning blame: even if someone in an organization manages to hide their individual culpability VERY well, it's still easy to demonstrate that the organization "as a whole" bears some liability for harm.

    If you're truly concerned that obfuscation is a risk, then regulations to Increase retention and transparency on corporations may be a reasonable response, but I don't think abolishing the notion of corporate personhood does anything to address or mitigate against this risk.

    the point isn't that corporations are allowed more freedoms than individuals,

    But if you read back up through this chain of responses, you'll see very clearly that several people are in fact asserting that very thing - again, to review what was written by the person I initially responded to: "People working in corporations have MORE freedoms than those not working in one."

    the point is that incorporation concentrates capability in such a way that corporations can do things that individuals can't (like create deep water drilling rigs)

    I am not claiming that regulation of corporations is unnecessary or undesirable, however, the regulations should apply to the activity, not the entity performing the activity - if you want to regulate deep-water drilling, to use your example, then the regulations should be exactly the same on me if I'm an individual with deep pockets, or a corporation with deep pockets. The structure of the entity performing the activity being regulated shouldn't matter - the activity itself, and whether or not it's conducted lawfully, does.

  46. Re:WRONG by radl33t · · Score: 1

    I deeply regret that most unethical corporate behavior is not illegal, but much of it is. When an executive conceals evidence that their products kill people or sells financial products designed to fail, they are not held criminally liable despite obvious criminal negligence or fraud. Instead, their corporation settles in a civil court for a token penalty and no admission of guilt. This "freedom" as you so aptly describe hardly extends to a negligent nurse or common grifter, who are routinely criminally prosecuted for gross negligence or fraud.

    "It's not like corporations have a license to break the law."
    Actually they do. Token settlements without the admission of guilt constitute a permission slip from the government to break the law. In situations where corporations are not above the law, they have tremendous resources with which to pervert the legal system. Furthermore, the larger an organization becomes the easier it is to hide attribution of illegal behavior.

    As for as penalizing investors and other corporate stakeholders? They are liable up to the value of their investment. I have no qualms about holding a board of pharma executives criminally liable for gross negligence and perjury, if they conceal evidence their products kill people. They should be prosecuted criminally and serve the same jail sentence as a negligent nurse who also lied about her involvement in a patient death. Their corporation should be dissolved, its assets seized. Investors lose their investment. Employees lose their jobs. The cost of corporate malfeasance is VERY steep. Future investors and employees become more scrupulous. The present system which seeks to avoid widespread destruction ( the poor employees! investors, etc) simply fosters increased corruption and eliminates personal liability.

    FYI, at "the end of the day" groups of people are not the same as individuals, their psychology and behavior are entirely different, thus they should not be treated as individuals.

  47. Re:WRONG by Anonymous Coward · · Score: 0

    Because the investors or the board votes in the CEO who manages the minion who signs off on the deal which poisons thousands in India.
    Al Capone orders his boy Lou to "deal with the situation" and Lou goes out and kills a guy, do you think that Al is completely guilt free?

    But to say that everyone in the group is 100% accountable is a ludicrous characacher of the argument. You're trying to justify them being 0% accountable, which is equally bullshit.

  48. jurah nulificat0rs by Anonymous Coward · · Score: 0

    n/t

  49. Re:WRONG by NeutronCowboy · · Score: 1

    Well, maybe I should expand a little bit. Let's take a very real example: the oil rig explosion in the Gulf of Mexico. Normally, if I perform an action that kills someone, I'm responsible, unless I did it in self-defense. Involuntary man-slaughter might be involuntary, but it still lands me in the slammer. Compare that to what happened in the gulf explosion. People died, nothing happened to anybody. The most that did happen to a person was that the CEO of BP had to step down. The issue here is that because there is no requirement to track decisions or activities on an individual level, it becomes impossible to figure who was actually responsible for the disaster. It always, always, devolves into an issue of he-said, she-said. I can give you another example: pollution. I can dump my canister of used motor oil in the river, and if someone catches me, I'm out a significant chunk of money. But if I am employed by a company and do this, I might get fired, but I won't get fined. The corporation will get fined. Make the company big enough, and I might not even get fired, because no one knows whether it was me or Bob who dumped the oil.

    Because people can band together in the legal construct of corporations, individual responsibilities for activities carried out under the banner of the corporation get diluted to the point of being null. This creates immense freedom for individuals to act in manners that are not accessible to individual people, or people in single-person corporations.

    And what Maxume said is right - corporations are legal constructs. As a result, the laws they are subject to can and have to be tailored to maximize the overall benefit to society.

    --
    Those who can, do. Those who can't, sue.
  50. Re:WRONG by NeutronCowboy · · Score: 1

    I am not claiming that regulation of corporations is unnecessary or undesirable, however, the regulations should apply to the activity, not the entity performing the activity - if you want to regulate deep-water drilling, to use your example, then the regulations should be exactly the same on me if I'm an individual with deep pockets, or a corporation with deep pockets.

    But they aren't. Let's assume for a second that it is actually possible to operate a deep-water drill without incorporating (it really isn't). If I do that, any fine that is the result of my operation of the deep-water drill will hit all my personal belongings. I can lose everything, and be out on the street. Wages can be garnished for eternity. However, if I did incorporate, and the activity in question does not require the corporate veil to be pierced (look it up - it's a very specific term), then the only thing that happens is that the corporate assets can be seized. But all my personal property is still intact.

    And that's an enormous freedom.

    --
    Those who can, do. Those who can't, sue.
  51. Test by Anonymous Coward · · Score: 0

    This is an Open ID test.

  52. Re:WRONG by Americano · · Score: 1

    Individuals can incorporate. If you're smart enough to have billions of dollars to build & operate a drilling rig as an individual, then you're also smart enough to spend $500 to purchase the liability protection that incorporation gives you. The regulations simply need to state that "the entity which fucks up pays big fines." If you happen to be operating as an unincorporated individual, then you pay big fines yourself. If you're smart enough to structure & operate your business as a corporation (arm's length, proper protocols & filings, etc - all of the stuff which, when neglected, would allow a court to successfully pierce the corporate veil), then the corporation pays your fines, and your personal assets (not *corporate* assets) are safe.

    Arguing that corporations somehow give protections to "groups" of people that are unavailable to individuals is just spurious nonsense. If you want the protection, it is available to you, even as an individual. File the legal paperwork, incorporate, and run your business properly to protect your personal assets.

  53. Re:WRONG by Americano · · Score: 1

    Involuntary man-slaughter might be involuntary, but it still lands me in the slammer. Compare that to what happened in the gulf explosion. People died, nothing happened to anybody.

    First: the explosion occurred less than 1 year ago. I think it's safe to say that we haven't even begun to see the end of the lawsuits that will occur as a result of this, but you can see here that there are already several hundred lawsuits filed in the US over the event, and it appears as if more criminal charges may be coming.

    Second: it's entirely possible for you to accidentally kill someone, and have no charges filed as a result - accidental deaths do happen, and unless there is specific negligence or recklessness on the part of the person who "caused" the death, there may not be criminal liability at all - the law does not impose a liability for failure to act unless there is a specific requirement to act codified by law. There may still be civil liability for wrongful death, however. Given the nature of the event, and the fact that multiple factors and conditions contributed to it, it's possible that there is simply no way of pinning the blame for this on a single person's actions or inactions.

    And that has nothing to do with the "corporation" - if people are criminally liable for their negligence, and it can be proved, you will see people stand trial for it. Suggesting that the largest spill & disaster the oil industry has ever seen should have all its legal loose ends tied up less than a year after the event is a pretty tall order, especially when investigations are still ongoing.

    Because people can band together in the legal construct of corporations, individual responsibilities for activities carried out under the banner of the corporation get diluted to the point of being null. This creates immense freedom for individuals to act in manners that are not accessible to individual people, or people in single-person corporations.

    This has nothing to do with corporations per se, and everything to do with the fact that in large groups of people working together, it's often difficult to determine where one person's culpability begins and another person's ends. Unions aren't incorporated - does this mean that wrongdoing (and hiding that wrongdoing) is somehow harder for them because of it? The mafia isn't incorporated - are they a model of transparency and clear lines of responsibility & liability?

    What incorporation DOES grant people is the existence of a single entity to sue for damages & wrongdoing, and who has assets which can be forfeited to satisfy judgements against them for wrongdoing. Let's turn it around: if you work for a company that files for bankruptcy protection, and I'm a creditor, should I be able to go after your house? After all, you draw a salary from a company which owes me a lot of money - aren't I entitled to recover the money owed to me from the assets of the people involved in the group of people who are stiffing me? I could certainly make a legal argument, if you do away with the idea of corporate personhood, that your house was paid for with money which rightfully should have been used paying me for the goods & services your employer got from me, and then failed to pay for. The fact that you work for a *corporation* protects you from having to defend yourself against actions like this.

  54. Re:WRONG by JSBiff · · Score: 1

    They are NOT 0% accountable. You are Just. Plain. Wrong. Wrong. Wrong. Corporate leaders are absolutely accountable for the orders they give. IYou guys can keep saying that all you want, but if the leaders in a corporation order someone to commit a crime, and a prosecutor can PROVE it, those leaders are GOING TO PRISON (in some cases, possibly facing the death penalty).

    What more do you want?!? Gross miscarriage of justice? Hang 'em all and let God sort em out?

  55. Why go for the second order effect? by dlenmn · · Score: 1

    Hitting the shareholders' pocketbooks is what should motivate them to keep douchebags out of leadership positions in the company.

    That can work (although it's harder to do than it should be), but it's mostly a second order effect; hit the shareholders who then hit the wrongdoers. Why not just hit the wrongdoers directly? That's almost guaranteed to be more effective. As mentioned before, it also has the advantage of not hitting the non-wrongdoers.

    1. Re:Why go for the second order effect? by Red+Flayer · · Score: 1

      Because the shareholders are the wrongdoers, inasmuch as they hired the wrongdoers to act on their behalf.

      The reason this is important is because the shareholders reap the benefits when the "evil" is done; they should also pay the punishment when the "evil" is caught. Scapegoating is not the way to handle it... the end result is corporate officers making godawful amounts of money in order to accept risk on behalf of shareholders. This is inefficient, as risk assessments when dealing with individuals are rarely accurate... so shareholders end up overpaying for the risk assignment.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  56. Oi! Give us some of that good thang! by scurvyj · · Score: 0

    Hey! Can we PLEASE have a shipment of that non-corrupt good common sense over here in Oz! PLEEEEZE!

  57. Re:WRONG by NeutronCowboy · · Score: 1

    If you're smart enough to have billions of dollars to build & operate a drilling rig as an individual, then you're also smart enough to spend $500 to purchase the liability protection that incorporation gives you.

    The regulations simply need to state that "the entity which fucks up pays big fines." If you happen to be operating as an unincorporated individual, then you pay big fines yourself. If you're smart enough to structure & operate your business as a corporation[...], then the corporation pays your fines, and your personal assets (not *corporate* assets) are safe.

    And yet, you are somehow still arguing that being incorporated makes no difference to what happens to someone who breaks the law or fails some regulatory test.

    --
    Those who can, do. Those who can't, sue.
  58. Court humor by Anonymous Coward · · Score: 0

    " We trust that AT&T will not take it personally." (Taken from page 12 of the PDF.)

    What better way to stick it to AT&T than after telling them not to take it "personally" after telling them that the "personal privacy" they are requesting isn't valid.

  59. The Flip Side of a Conservative Court by MJMullinII · · Score: 1

    While in fact the Supreme Court really isn't all that conservative, people simply declare that because the small (gettin' smaller all the time in fact ;) ) majority were nominated by Republican Presidents -- though I could also question just how "conservative" those Republican Presidents would be considered in this day and age of "the Constitution doesn't specifically have my name in it so I don't have to do anything I don't want!" thinking.

    Now, up until this point, the right-wing has been getting everything they've wanted because up and until this point, the "Boundaries of Law" have been pushed by center-left causes by center-left (I refuse to call them liberals because, by my definition, they are VERY far away from "liberal" in their mindsets) politicians. Therefore the right has been able to count on the, in theory at least, center-right leaning court to keep the country in a right-leaning status.

    But now we're starting to get into things that WERE considered center-right until the right-wing Republicans (not to be confused with sane Republicans) decided they could better get elected by turning tale and supporting the opposite simply to score cheap points.

    Their decades old dependence on the Supreme Court to ultimately give them their way is quickly going to come to an end. Such as when the the center-left members of the Court, lead by Chief Justice John Roberts, form a majority opinion that the Healthcare Reform act is Constitutional -- heard it here first folks!

    --
    "Don't be a martyr -- BE THE ONE WHO GOT AWAY!"
  60. Nice by Anonymous Coward · · Score: 0

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