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Tesla Faces Tough Regulatory Hurdle From State Dealership Laws

First time accepted submitter vinnyjames writes "States like Arizona, Texas, Massachusetts and North Carolina either have or have recently added legislation to prevent Tesla from selling its cars directly to consumers. Now there's a petition on whitehouse.gov to allow them to sell cars directly to consumers." Laws that protect auto dealerships aren't newly created for Tesla, though, as explained in this interview with Duke University's Mike Munger.

309 comments

  1. Middlemen: the official plague of the modern age by Anonymous Coward · · Score: 5, Insightful

    I think we've just figured out what the next big thing is. Mercantilism should have disappeared centuries ago.

  2. Now there's a petition on whitehouse.gov... by Raistlin77 · · Score: 3, Interesting

    Now? The petition has been up since June 5th. I guess this is a last ditch effort to get signatures as it's over 44K short.

    1. Re:Now there's a petition on whitehouse.gov... by Raistlin77 · · Score: 1

      Typo... 74K short. Although now it's only 72K short, seems it's working...

    2. Re:Now there's a petition on whitehouse.gov... by Nethemas+the+Great · · Score: 2

      It doesn't really matter since the federal government doesn't have jurisdiction anyway. It wouldn't be much different from the federal government telling states that they can't have their blue laws. In this case it just happens to be car dealers rather than bar owners.

      --
      Two of my imaginary friends reproduced once ... with negative results.
    3. Re:Now there's a petition on whitehouse.gov... by fuzzyfuzzyfungus · · Score: 4, Insightful

      It doesn't really matter since the federal government doesn't have jurisdiction anyway. It wouldn't be much different from the federal government telling states that they can't have their blue laws. In this case it just happens to be car dealers rather than bar owners.

      I'd be the first to agree that the feds(the executive branch, no less, get your fucking civics in order, people...) are the wrong place to go; but I'd bet a nontrivial amount of money that the Interestate Commerce Clause is 'elastic' enough to handle this one, if Congress felt like it.

      It would be bad form, and strikes me as unlikely to happen; but I suspect that if the feds felt like trying, they'd probably get jurisdiction.

    4. Re:Now there's a petition on whitehouse.gov... by OverlordQ · · Score: 1

      > It doesn't really matter since the federal government doesn't have jurisdiction anyway.

      Ahahahahahah, they've invoke the Commerce Clause for less.

      --
      Your hair look like poop, Bob! - Wanker.
    5. Re:Now there's a petition on whitehouse.gov... by msauve · · Score: 2

      "It doesn't really matter since the federal government doesn't have jurisdiction anyway."

      Because selling cars manufactured in another state isn't interstate commerce? Hell, growing your own vegetables for your own consumption has been ruled to be interstate commerce.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    6. Re:Now there's a petition on whitehouse.gov... by Shadow99_1 · · Score: 1

      Well using the all mighty interstate commerce clause, this could be considered a federal matter as it bans a company from one state selling in another. I mean one group in one state selling to people in another is sort of the root of 'interstate commerce'.

      I believe this is why saturn has no dealerships in my state, but they do in Ohio (next door). Though I've never actually heard that we have such a law in place.

      --
      we are all invisible unless we choose otherwise
    7. Re:Now there's a petition on whitehouse.gov... by michaelmalak · · Score: 5, Insightful

      I'd bet a nontrivial amount of money that the Interestate Commerce Clause is 'elastic' enough to handle this one, if Congress felt like it

      If a federal judge can strike down Virginia's ban on out-of-state trash processors shipping their trash to Virginia landfills, striking down barriers to Tesla selling direct to consumers across state lines seems like a no brainer to me. And I'm a states rights advocate.

    8. Re:Now there's a petition on whitehouse.gov... by Lunix+Nutcase · · Score: 2

      Except that the Supreme Court has ruled otherwise such as Exxon Corp v. Maryland.

    9. Re:Now there's a petition on whitehouse.gov... by Anonymous Coward · · Score: 2, Interesting

      It doesn't really matter since the federal government doesn't have jurisdiction anyway. It wouldn't be much different from the federal government telling states that they can't have their blue laws. In this case it just happens to be car dealers rather than bar owners.

      Well...a petition to the White House is ridiculous. However, I can see you'd be able to challenge the law in a Federal Court. Tesla manufactures its cars in California, and when I buy one online, I'm buying it from California, where it's a perfectly legal sale. Then they're delivering the car, which is already mine and fully paid for, to me in NC. Prohibiting that sale is interference with interstate commerce, which the state government doesn't have jurisdiction in. That's definitely in the federal government's court.

      Now the Texas law that is just trying to prohibit non-dealerships from giving test drives in the state is another story. They're not stopping the sale there, just making it more difficult for you to decide if you want the car.

    10. Re:Now there's a petition on whitehouse.gov... by msauve · · Score: 1

      You're under the mistaken assumption that SC rulings follow any sort of logic. They can say "red is green," and it's the law. And they have.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    11. Re:Now there's a petition on whitehouse.gov... by Anonymous Coward · · Score: 0

      It doesn't really matter since the federal government doesn't have jurisdiction anyway. It wouldn't be much different from the federal government telling states that they can't have their blue laws. In this case it just happens to be car dealers rather than bar owners.

      Funny you bring up blue laws. Texas law says dealerships can only be open one day on the weekend. Most choose to be open on Saturday, so you basically can't shop for a car on Sunday.

    12. Re:Now there's a petition on whitehouse.gov... by aztracker1 · · Score: 4, Insightful

      Actually, this is probably a much better interpretation that would actually *FIT* under the interstate commerce clause than most other permissions extended since the 1830's

      --
      Michael J. Ryan - tracker1.info
    13. Re:Now there's a petition on whitehouse.gov... by StopKoolaidPoliticsT · · Score: 1, Insightful

      Regulation is good when it forces other people to do what I want/support... Regulation is bad when it lets other people force me to do things I don't want/support.

      I do love the hypocrisy of Slashdot.

      --
      Stop Koolaid Politics
    14. Re:Now there's a petition on whitehouse.gov... by ackthpt · · Score: 4, Insightful

      Typo... 74K short. Although now it's only 72K short, seems it's working...

      If there's one thing business can't stand it's competition - given that the Big 3 conspired to kill the Tucker, you have some idea where the original legislation found its roots and monetary $upport (when it came to buying votes to pass the original bill). Every business would love to be a monopoly, barring that, they settle for an oligarchy.

      --

      A feeling of having made the same mistake before: Deja Foobar
    15. Re:Now there's a petition on whitehouse.gov... by ackthpt · · Score: 2

      I'd bet a nontrivial amount of money that the Interestate Commerce Clause is 'elastic' enough to handle this one, if Congress felt like it

      If a federal judge can strike down Virginia's ban on out-of-state trash processors shipping their trash to Virginia landfills, striking down barriers to Tesla selling direct to consumers across state lines seems like a no brainer to me. And I'm a states rights advocate.

      And this post winds a kewpie doll. If I had mod points you'd get a bright and shiny one for understanding this and stating it clearly. A federal court should be able to throw out a law which was cynical enough to be designed to protect dealerships. Smacks of the 'Old Boy Network', doesn't it?

      --

      A feeling of having made the same mistake before: Deja Foobar
    16. Re:Now there's a petition on whitehouse.gov... by ravenshrike · · Score: 2

      Except that the ban on shipping cars direct to customers would apply to both Tesla, as well as out of state car dealerships if for some bizarre reason you bought a car from said dealership and wanted it shipped to you. Operating a dealership also adds a large surcharge on the item in question. As such, it violates 3 and 4 of the majority holding.

    17. Re:Now there's a petition on whitehouse.gov... by Raistlin77 · · Score: 0

      Regulation is good when it forces other people to do what I want/support... Regulation is bad when it lets other people force me to do things I don't want/support.

      I do love the hypocrisy of Slashdot.

      Indeed. It scores right up there with off-topic replies.

    18. Re:Now there's a petition on whitehouse.gov... by khallow · · Score: 2

      Prohibiting that sale is interference with interstate commerce, which the state government doesn't have jurisdiction in.

      I think this alone would be enough to overturn such state laws in federal court. One doesn't need the other branches of the federal government to interfere.

    19. Re:Now there's a petition on whitehouse.gov... by msauve · · Score: 1

      "And this post winds a kewpie doll."

      WTF is that suppose to mean? Kewpie dolls weren't mechanical. If anything, it might mean something akin to "pissing against the wind."

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    20. Re:Now there's a petition on whitehouse.gov... by khallow · · Score: 0

      I do love the hypocrisy of Slashdot.

      You do seem quite at home with hypocrisy. But I would point out that there's nothing hypocritical in supporting regulation that does things you want and not supporting regulation that does things you don't want.

      For example, supporting regulation of the practice of jaywalking doesn't mean that you are being a hypocrite by not supporting regulations that mandate the murder of six million Jews.

    21. Re:Now there's a petition on whitehouse.gov... by Arker · · Score: 4, Insightful

      For all the times that we see the interstate commerce clause treated as a blank check for federal power, this is one time when it would actually be appropriate. Preventing one state from erecting barriers to trade with another is exactly what that clause had in mind.

      Guess Washington is too busy regulating everything else they can see to even notice when an opportunity to wield power constitutionally comes along.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    22. Re:Now there's a petition on whitehouse.gov... by __aaltlg1547 · · Score: 1

      I think he's going to say it's not Congress's business what restrictions a state puts on their sales outlets.

    23. Re:Now there's a petition on whitehouse.gov... by hawguy · · Score: 2

      Regulation is good when it forces other people to do what I want/support... Regulation is bad when it lets other people force me to do things I don't want/support.

      I do love the hypocrisy of Slashdot.

      I've found that in general, slashdot users tend to support regulation that leads to more freedom, and are against regulation that suppresses freedom especially when it comes to the rights of companies to impose their will on individuals. For example: supporting reform of the patent system to stop patent trolls, being against regulation that supports DRM or limits the ability of consumers to use content they own, being for regulation to enforce net neutrality, being for regulation that prevents a state from restricting where people can buy a car, etc.

      Is that really being hypocritical?

    24. Re:Now there's a petition on whitehouse.gov... by lgw · · Score: 4, Informative

      As someone who has actually bought a car from an out-of-state dealership and had it sent to me, I can say that not only is it legal, but that states have special forms of registration just for this purpose (I still paid registration fees in the state the car was shipped from, but they were very small and accompanied by a warning that'd I'd owe a fine if I tried to register the car in that state within a year).

      --
      Socialism: a lie told by totalitarians and believed by fools.
    25. Re:Now there's a petition on whitehouse.gov... by drinkypoo · · Score: 5, Insightful

      I really don't see how anyone can perceive this as stretching the ICC. This is precisely the kind of thing it is actually for! States are erecting unconstitutional barriers to trade of goods from other states, that's exactly when congress should invoke the ICC.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    26. Re:Now there's a petition on whitehouse.gov... by Anonymous Coward · · Score: 0

      Where is the /. user that supports the Citizens United Supreme Court ruling?
      Before the ruling, I as an individual was not allowed by buy a TV ad for my favorite politician within 90 days of an election.
      After the ruling I can.

      I have seen nothing but hatred for that ruling, which increased freedom, here on /.

      Truth - If the regulation oppresses those against government it is good here, period.

    27. Re: Now there's a petition on whitehouse.gov... by Anonymous Coward · · Score: 0

      Really? You had to Godwin a Tesla article? I wish there was a car analogy for this but I'm in North Carolina and my car analogy dealership closed 20 minutes ago.

    28. Re:Now there's a petition on whitehouse.gov... by hawguy · · Score: 1

      Where is the /. user that supports the Citizens United Supreme Court ruling?
      Before the ruling, I as an individual was not allowed by buy a TV ad for my favorite politician within 90 days of an election.
      After the ruling I can.

      I have seen nothing but hatred for that ruling, which increased freedom, here on /.

      Truth - If the regulation oppresses those against government it is good here, period.

      Can you post a link to the Slashdot story that discussed the ruling?

    29. Re:Now there's a petition on whitehouse.gov... by multimediavt · · Score: 3, Insightful

      Please Mod the parent up. He's the only one that got the Tucker reference to where the laws originally came from.

      Laws that protect auto dealerships aren't newly created for Tesla, though ...

      Nope, a lot of them were created to kill Tucker in the late-1940s. Luckily, Elon has a few other hits to back him up so even if the automotive industry quashes Tesla's dreams he's still got rockets and Paypal.

    30. Re:Now there's a petition on whitehouse.gov... by drinkypoo · · Score: 1

      Regulation is good when it forces other people to do what I want/support... Regulation is bad when it lets other people force me to do things I don't want/support.

      I do love the hypocrisy of Slashdot.

      So just to be clear, you believe it would be hypocritical to oppose regulation permitting slavery, but support regulation requiring safety inspections before using a public road?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    31. Re: Now there's a petition on whitehouse.gov... by khallow · · Score: 1

      Really? You had to Godwin a Tesla article?

      No. I did not have to.

    32. Re:Now there's a petition on whitehouse.gov... by timeOday · · Score: 1

      Wow, if you're going to be that simplistic, then you are a hypocrite for believing simultaneously that "people are hypocrites" and "people are not hypocrites." I mean, it would be outright hypocritical to divide people into groups and judge them based on their individual merits, wouldn't it?

    33. Re:Now there's a petition on whitehouse.gov... by jedidiah · · Score: 1

      "Citizens United" doesn't sound like a person. It sounds like a corporation. The idea that a limited liability entity should also have limited rights is by no means hypocritical.

      Your personal fantasy is a red herring.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    34. Re:Now there's a petition on whitehouse.gov... by Kell+Bengal · · Score: 4, Insightful

      I think it's a typo for 'wins a kewpie doll'. Kewpie dolls are often given away as prizes at games of skill and chance at fairs and carnivals.

      --
      Scientists point out problems, engineers fix them
      altslashdot.org: The future of slashdot.
    35. Re:Now there's a petition on whitehouse.gov... by khallow · · Score: 1

      Here. Note the number of people bewailing the end of democracy. Since I've seen a number of anti-business types who whine about corporate personhood as a result of this ruling. They just can't seem to grok (or perhaps just don't care about) the unconstitutional nature of the law which was overturned.

    36. Re:Now there's a petition on whitehouse.gov... by Austerity+Empowers · · Score: 2

      It's OK, this isn't 1950. Most of us shop for cars on the internet. We show up to a dealership for a test drive, the salesman hands us the keys and sits in the car. He then makes a terrible offer, I say I'm still looking and wander off. We then negotiate the price on the internet, and play dealers off against each other until they won't deal anymore. Then we sign a paper and drive a car away (or in my case, had it delivered).

      I haven't spent more than 15 minutes in a dealership in over a decade. Not being able to car shop on Sunday is annoying, but almost moot at this point. I'm bitten far more by the "can't buy alcohol before noon" on sunday blue law. I tend to do my grocery shopping before noon on Sunday since most of my neighbors are at church. The grocery stores are a zoo on weekends otherwise.

    37. Re:Now there's a petition on whitehouse.gov... by Austerity+Empowers · · Score: 1

      Yes, regulation is a tool. When applied correctly, we support it. When applied incorrectly we oppose it.

      Pro/anti regulation religion is silly politics.

    38. Re:Now there's a petition on whitehouse.gov... by ebno-10db · · Score: 1

      Where is the /. user that supports the Citizens United Supreme Court ruling?
      Before the ruling, I as an individual was not allowed by buy a TV ad for my favorite politician within 90 days of an election.
      After the ruling I can.

      That's great! How many TV ads are you going to buy for your favorite politician?

    39. Re:Now there's a petition on whitehouse.gov... by Darinbob · · Score: 1

      They certainly do have logic. That's why they write their lengthy opinions so that they can explain their logic. And in this Exxon case they did give reasons why this law did not violate existing federal laws.

    40. Re:Now there's a petition on whitehouse.gov... by jklovanc · · Score: 1

      Blue laws say that no one can do certain things on certain days. What dealership laws say is that one must have a dealership relationship with the manufacturer to sell new vehicles. The difference being that blue laws effect everyone while dealership laws only effect non-dealer sellers. It is very different and probably does fall under the Commerce Clause.

    41. Re:Now there's a petition on whitehouse.gov... by jklovanc · · Score: 1

      I just noticed something that makes it definitely a Commerce Clause issue. Basically some one out of state can not sell a new car to some one in state. That is easily restraint of interstate trade. I wonder if there is any other product restrained that way.

    42. Re:Now there's a petition on whitehouse.gov... by msauve · · Score: 4, Insightful

      You're definition of "logic" differs from common sense. The Constitution wasn't written to be subject to interpretation by arcane legal rules, but by citizens.

      The SC has ruled that people aren't citizens because of the color of their skin (Dred Scott), that corporations are (Citizens United), and that personal crops are interstate commerce (Wickard v. Filburn). None of which stand up to plain reading or common sense.

      The Supremes are in contempt of simple logic and common sense. They're illogical - as political as the Legislative and Executive.

      The SC is the biggest flaw in our system - it should have consisted of a rotating chamber of state justices to provide a true "check and balance." The Feds deciding what the Feds can do is ludicrous.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    43. Re:Now there's a petition on whitehouse.gov... by Darinbob · · Score: 2

      Prohibiting that sale is interference with interstate commerce, which the state government doesn't have jurisdiction in.

      There's no actual law that prohibits interference with all types of interstate commerce by the states. The constitution gives the federal government authority to create laws regulating interstate commerce but that does not preclude states having their own laws commerce with its neighbors as long as these do not conflict with federal laws.

      Or at least this is the interpretation of the interstate commerce clause that the supreme court has been upholding for a very long time. The "Dormant Commerce Clause" doctrine allows states some power here as long as they do not discriminate or burden interstate commerce. Ie, they can't favor in-state manufacturers or restrict flow of goods.

      For example, California is allowed (with a lot of grumbling) to have higher emission standards than federal ones, Maryland was allowed to prohibit oil companies from owning gasoline stations within that state, etc.

    44. Re:Now there's a petition on whitehouse.gov... by 0111+1110 · · Score: 1

      Regulation that protects or increases individual freedom = good. Regulation that reduces individual freedom = bad. Regulation that arbitrarily favors megacorporations over smaller corporations = bad. Having said that, only rich people can afford Teslas.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    45. Re:Now there's a petition on whitehouse.gov... by anarcobra · · Score: 1

      My uncles theory is that if they let you walk out of the store, you really have the lowest price they'll give you.

    46. Re:Now there's a petition on whitehouse.gov... by blindseer · · Score: 2

      I agree with you generally here. I find the flaw lies in the amendment that had US senators elected by popular vote. The Senate was intended to be a body representing the state governments, a check on federal power in favor of states' rights. If US senators were appointed by state legislatures, as the Constitution originally intended, we'd effectively have a rotating chamber of state justices. Any appointment to SCOTUS has to get past the Senate, the Senate can choose to only appoint those people that are state justices.

      Also, federal income taxes is an end run around state power. It used to be that taxes had to come from the state governments. Now the federal government can tax people directly then hold that money in front of the state governments like a carrot to lead them wherever they want.

      --
      I am armed because I am free. I am free because I am armed.
    47. Re:Now there's a petition on whitehouse.gov... by ClickOnThis · · Score: 1

      If there's one thing business can't stand it's competition - given that the Big 3 conspired to kill the Tucker, you have some idea where the original legislation found its roots and monetary $upport (when it came to buying votes to pass the original bill). Every business would love to be a monopoly, barring that, they settle for an oligarchy.

      Excellent point about Tucker. But would someone care to comment on how Saturn survived for as long as it did? IIRC, they sold directly to consumers using their own distribution infrastructure.

      --
      If it weren't for deadlines, nothing would be late.
    48. Re:Now there's a petition on whitehouse.gov... by Darinbob · · Score: 1

      When citizens disagree on the interpretation constitution then there need to be judges to decide which interpretation is best for the particular dispute at hand. And for the commerce clause of the constitution there are competing interpretations, but congress and the courts settled on one very early.

      Most of what the Supreme Court and appeals courts do is decide between two parties, one of which says "Congress meant X" and the other which says "Congress meant Y".

    49. Re:Now there's a petition on whitehouse.gov... by Anonymous Coward · · Score: 0

      You are an idiot. As disturbing as the current domestic wiretapping issue is, it doesn't compare to what Nixon did.

      Nixon's party tried to use government wiretapping to thwart political opponents and then he was complicit in the cover up after the fact. Whereas the current program, while arguably flawed and misguided, is an attempt to protect the country.

    50. Re: Now there's a petition on whitehouse.gov... by ClickOnThis · · Score: 4, Informative

      Lets transpose tucker to today.
      The consortium (a-pull, prounounced ahh-pull) took Tucker to court for patent infringement. A-pull stated that the Tucker breached many existing parents, including: 4 wheels, headlights, steering wheel, seats, brakes, windows, an engine, side mirror, ignition, the list goes on.
      A-pull fanboys rejoiced when the courts upheld the 2013 verdict and sent Tucker corp bankrupt. "This is a win for protection of consumers", stated A Congress Member, when asked a about the outcome.
      Sound familiar?

      "Sound familiar?" Well ... no, it doesn't. Tucker won his trial, although he did go bankrupt. His trial wasn't about patent infringement, it was about securities fraud.

      --
      If it weren't for deadlines, nothing would be late.
    51. Re:Now there's a petition on whitehouse.gov... by ceoyoyo · · Score: 1

      I'm not an American but...

      1) do your judges not have to have the support of the actual law before they strike things down?

      2) the petition is on whitehouse.gov, which is the federal executive branch. Your executive branch doesn't control your legislative branch, does it?

    52. Re:Now there's a petition on whitehouse.gov... by geminidomino · · Score: 2

      Whereas the current program, while arguably flawed and misguided, is an attempt to protect the country

      And you called the poster you were responding to an "idiot?" Who's going to protect it from its protectors?

    53. Re:Now there's a petition on whitehouse.gov... by ceoyoyo · · Score: 1

      The first one, at least, was quiet compatible with "common sense" when that decision was made.

    54. Re:Now there's a petition on whitehouse.gov... by Anonymous Coward · · Score: 0

      Whereas the current program, while arguably flawed and misguided, is an attempt to protect the country

      And you called the poster you were responding to an "idiot?" Who's going to protect it from its protectors?

      Valid comment, but you miss the GP's point: protecting the country and protecting one's political backside are distinctly different objectives.

    55. Re:Now there's a petition on whitehouse.gov... by Sentrion · · Score: 0

      OK - if you support the Citizens United decision, and believe that corporations (a piece of paper, also referred to by lawmakers and judges in official documents as 'legal fiction') are just as equal as natural person in all regards, then you have no problem with the following statement:

      We hold these truths to be self-evident, that all men and corporations are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men and Corporations, deriving their just powers from the consent of the governed [mostly corporations], — That whenever any Form of Government becomes destructive of these ends [the interests of corporations], it is the Right of the Corporations and People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness [sorry, what makes a corporation safe and happy?]. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that corporations [and trusts too, living and irrevocable] and mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right [of corporations and humans], it is their duty, to throw off such Government, and to provide new Guards for their future security [Blackwater?]. — Such has been the patient sufferance of these Colonies [of corporations and the people who are mostly employed by such corporations]; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations [against corporations, and sometimes even living, breathing human beings], all having in direct object the establishment of an absolute Tyranny over these States [poor corporations - so unfair]. To prove this, let Facts be submitted to a candid world...[and so on]...

      OK, I'll accept corporations as people when one of them is jailed or executed. Otherwise, the lunacy of accepting the "equality" of 'legal persons' to natural persons will ultimately result in absolute absurdity. For instance, I can with a stroke of a pen create 100,000 new 'legal persons' who are bound by contract to serve me and do my bidding. If they obtain the right to vote, what is to stop me, as CEO with control and influence over my new corporate minions (pieces of paper commonly referred to as 'legal fiction') from winning all the elections in my home town? Or for my corporation to run for sheriff? Or for my corporation to have an abortion? What happens if a corporation comes into my restaurant, takes a seat, and I refuse to serve him? What if I hire natural persons to work at my restaurant, but I refuse to hire corporations to fill any positions? What if I rent houses to natural persons but refuse to rent houses to corporations?

      What about the rights of corporations to marry? Sure, there are mergers and acquisitions, but those are more like civil unions. What if my corporation wants to marry another corporation, with marriage vows, wedding rings, a ceremony, an official state-issued marriage license, and all the rights and responsibilities that come with marriage? What if my corporation wants to adopt a child? Can my corporation join the military? If not, then why not? Can it also serve in combat?

    56. Re:Now there's a petition on whitehouse.gov... by Anonymous Coward · · Score: 1

      When citizens disagree on the interpretation constitution then there need to be judges to decide which interpretation is best for the particular dispute at hand.

      Unfortunately, your analysis ignores an unpleasant truth: legal professionals are in a position of ethical conflict of interest with respect to the nature, scope, and form of the legal system. A complex, confusing, even contradictory legal system creates and artificial demand for the services of legal professionals. The history of US law clearly demonstrates the Supreme Court is not good at handling this conflict of interest. Even if slavery was arguably legal, most of the worst aspects of the slave system were clear violations of fundamental rights and the Supreme Court did NOTHING. The "separate-but-not-actually-equal" system also violated fundamental rights on a massive scale, and for the better part of 100 years the Supreme Court did NOTHING (it took a massive civil rights movement to change this and force the court to actually do something, finally).

      It is not an accident that this country is known as the "Land of the Lawsuit" and mocked by most of the world for the abuses of our legal system. It is not an accident that we have huge numbers of laws on the books. It is not an accident that our laws are incomprehensible to even highly educated persons. It is not an accident that we have broken patent and copyright law systems. It is not an accident that we have "shrink-wrap" licenses enabling contract law (always the bread and butter of the legal profession) for transactions that SHOULD be simple sales. It is not an accident that Aaron Swartz was driven to (apparently) commit suicide by massive abuse of prosecutor authority and laws that should never have existed in the first place.

      When it comes to this ethical conflict of interest, the inability of the legal profession to police itself has been shown beyond any possibility of doubt. Judges are not the solution to resolving disagreement amongst citizens regarding the meaning of the Constitution and the Bill of Rights.

    57. Re:Now there's a petition on whitehouse.gov... by Moofie · · Score: 2

      You know that more than one person expressing different opinions is not, in fact, hypocrisy, right?

      --
      Why yes, I AM a rocket scientist!
    58. Re:Now there's a petition on whitehouse.gov... by Anonymous Coward · · Score: 0

      1) do your judges not have to have the support of the actual law before they strike things down?

      No, they just have to feel that their decisions are somehow consistent with the law, however there is no actual accountability or duty to support the reasoning beyond minimal lip service to law. It's everyone else in the courtroom who has to refer to actual law in attempt to persuade them.

      2) the petition is on whitehouse.gov, which is the federal executive branch. Your executive branch doesn't control your legislative branch, does it?

      US President is both the head of executive branch, and last stage of approval for laws made by legislative branch. It's not the same as in countries where Prime Minister is the head of executive branch, but legislative branch is either completely isolated, or there is a separate person or organization (President, or some other top position) that is not a member of any of three branches, to do final approval of laws.

      This also places President in a position to introduce laws that he intends to sign if when they are passed, even if formally they are originated by Congress members.

    59. Re: Now there's a petition on whitehouse.gov... by camperdave · · Score: 2

      I'm confused, was Tucker an automobile manufacturing firm that was figuratively killed by the others in the industry, or was Tucker a person who was literally killed by others in the industry?

      --
      When our name is on the back of your car, we're behind you all the way!
    60. Re:Now there's a petition on whitehouse.gov... by geminidomino · · Score: 1

      And you missed mine. To believe what they're doing now is to "protect the country" is to be credulousness enough to wait for the Tooth Fairy to save us from the scary bad men.

    61. Re:Now there's a petition on whitehouse.gov... by Anonymous Coward · · Score: 0

      And you missed mine. To believe what they're doing now is to "protect the country" is to be credulousness enough to wait for the Tooth Fairy to save us from the scary bad men.

      Hardly. It's quite clear that the current program is trying to protect the country, whether one agrees with the approach or not. Personally I have serious misgivings about it, and I think Snowden is to be commended on a certain level for bringing it into sunlight. But there's no question that it's not the same as Nixon and his cronies trying to use government resources to protect their own political asses.

    62. Re: Now there's a petition on whitehouse.gov... by ClickOnThis · · Score: 1

      I'm confused, was Tucker an automobile manufacturing firm that was figuratively killed by the others in the industry, or was Tucker a person who was literally killed by others in the industry?

      Well, I suppose it's the former. It's not hard to google this.

      --
      If it weren't for deadlines, nothing would be late.
    63. Re:Now there's a petition on whitehouse.gov... by CrankyFool · · Score: 1

      Saturn was a subsidiary of GM and, because of that, considered to be under the same set of rules as GM.

    64. Re:Now there's a petition on whitehouse.gov... by HornWumpus · · Score: 1

      I'm going to rick-roll his opposition.

      Makes me wounder. Does the secret service have an anti-rick-roll squad? How many years federal for rick-rolling the president? His wife? Any lawyers?

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    65. Re:Now there's a petition on whitehouse.gov... by ClickOnThis · · Score: 1

      Saturn was a subsidiary of GM and, because of that, considered to be under the same set of rules as GM.

      Thanks for this, but the matter is still not clear to me. How was GM able to circumvent the manufacturer != dealer rules?

      --
      If it weren't for deadlines, nothing would be late.
    66. Re:Now there's a petition on whitehouse.gov... by ArsonSmith · · Score: 1

      1) Only as far as they can twist an interpretation of the law.

      2) executive orders have become the new legislative branch.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    67. Re:Now there's a petition on whitehouse.gov... by ArsonSmith · · Score: 1

      Don't forget they took the time to rule that a tomato is a vegetable no matter what dem skientist said.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    68. Re:Now there's a petition on whitehouse.gov... by Anonymous Coward · · Score: 0

      Only rich people can afford the tesla cars.

      Rich people don't give a fuck where they get their car. They can afford to buy it out of state where they're not douchebags limiting sales.

      Petition will fail.

    69. Re:Now there's a petition on whitehouse.gov... by khallow · · Score: 1

      OK - if you support the Citizens United decision, and believe that corporations (a piece of paper, also referred to by lawmakers and judges in official documents as 'legal fiction') are just as equal as natural person in all regards, then you have no problem with the following statement:

      I don't support the claim that corporations are just as equal as natural persons in all regards. Neither does US law. I doubt anyone has ever advocated seriously that corporations be treated as such. So your entire post is pointless. Perhaps you should ponder why you were compelled to make such a post.

      As to your side claim that corporations are "pieces of paper", it's worth remembering that they are organizations of people with rights and an extremely popular form of organization. Even if one considers a corporation to be merely another privilege, it remains that the Constitution prevents government from taking away corporate status for arbitrary reasons, subjecting them to onerous burdens, or infringing on the constitutional rights of the members of that corporation.

    70. Re:Now there's a petition on whitehouse.gov... by Alsee · · Score: 1

      It wouldn't be much different from the federal government telling states that they can't have their blue laws.

      Of course the federal government can tell states they can't have their blue laws. Such are continuously being struck down by the courts. County courts, state courts, and of course federal courts. Although the outcome of any given case is pretty much a crap-shoot. An appalling number of courts concoct or approve laughable sham "secular purpose" excuses to keep them on the books. For example one such ruling declares "While Sunday was originally a day of religious observance, the passage of time has converted it into a secular day for many citizens and has freed it from its exclusively religious origins... The cities have valid secular reasons for prohibiting the sale of beer on Sunday, including enhancing the safety of the travelling public, promoting domestic tranquility, shielding children from the effects of drinking, and accommodating the reduced number of law enforcement officers working on weekends". The court is pretty well admitting that the law was flagrantly unconstitutional and invalid when the legislature established it, and is engaging in wildly creative post-hoc rationalizations trying to hang a token "current day" secular purpose on it in a highly motivated effort to avoid striking down a law that was never validly created in the first place. Note that NONE of the listed rationalizations is even remotely a reason to ban beer sales on any particular day of the week, except for the last one regarding "reduced number of law enforcement officers working on weekends". Any late night drinking rolls at midnight into drinking and early-morning drunkenness of the next day, and a substantial portion of any purchases are destined for next-day consumption. Approximately half of any effect of restricting sales will actually show up on the following day. The only way to take seriously a purpose of "accommodating the reduced number of law enforcement officers working on weekends" (i.e. Saturday and Sunday) would be a ban on Saturday sales.

      I have a relatively high opinion of the courts in general, but the level of flagrant Judicial dishonesty that often flies about in defense of Blue Laws is quite appalling.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    71. Re:Now there's a petition on whitehouse.gov... by ttucker · · Score: 3, Insightful

      Saturn was a subsidiary of GM and, because of that, considered to be under the same set of rules as GM.

      Thanks for this, but the matter is still not clear to me. How was GM able to circumvent the manufacturer != dealer rules?

      They didn't. Saturns were sold at GM dealerships, just they tricked some hapless suckers into thinking that they were buying them direct form the manufacturer. Want a Saturn part today? Call your local Chevy dealership.

    72. Re:Now there's a petition on whitehouse.gov... by KiloByte · · Score: 1

      It's quite clear that the current program is trying to protect the country, whether one agrees with the approach or not.

      I'm afraid your case is not just blind belief, it's willful disregard of available evidence. Unless you use the word "protection" in mafia's sense (and with no competing organized crime it could actually protect against).

      Obama differs from Nixon only by enormously larger scale. And his enemies not being limited to just the opposing party (which is more of a competing faction with mostly the same backers).

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    73. Re:Now there's a petition on whitehouse.gov... by XcepticZP · · Score: 1

      You do realize that there are thousands of different opinions on Slashdot? But don't let that stop you from karma-whoring.

    74. Re:Now there's a petition on whitehouse.gov... by shentino · · Score: 4, Interesting

      And that's also precisely why they won't.

      Anything that falls under "shit they SHOULD do" also usually falls under "stuff that will piss off special interests"

    75. Re: Now there's a petition on whitehouse.gov... by Anonymous Coward · · Score: 0

      Tucker was an automobile manufacturing firm that was brought up on charges by the SEC based on suspicion of fraud. Basically, the SEC was starting to think that Tucker wasn't going to mass produce his car after having a public stock offering. That may have been influenced by the big three car manufacturers but I'm not going to speculate.

    76. Re:Now there's a petition on whitehouse.gov... by Anonymous Coward · · Score: 0

      You are an idiot. As disturbing as the current domestic wiretapping issue is, it doesn't compare to what Nixon did.

      Nixon's party tried to use government wiretapping to thwart political opponents and then he was complicit in the cover up after the fact. Whereas the current program, while arguably flawed and misguided, is an attempt to protect the country... against those with differing political views.

      The more things change, the more they stay the same...

    77. Re:Now there's a petition on whitehouse.gov... by Attila+Dimedici · · Score: 1

      I support the idea behind this petition, but do not believe this is, nor that it should be, a federal issue. Those who oppose such laws should be contacting their state legislator, not the White House.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    78. Re:Now there's a petition on whitehouse.gov... by brunes69 · · Score: 1

      Since Tesla is a California company and these laws are being applied in other states, why would this not fall under interstate commerce ?

    79. Re:Now there's a petition on whitehouse.gov... by Anonymous Coward · · Score: 0

      Shhhh let us keep pretending whitehouse.gov is not a joke.

      As a pessimistic American:

      1. Judges do need to have the support of law, however they interpret what law means so they can stretch things to mean what they want. If a higher court disagrees it can take up the case itself.

      2. It does not, but we can pretend it does for this petition.

    80. Re:Now there's a petition on whitehouse.gov... by nedlohs · · Score: 1

      I'm right here.

      Here you go: http://politics.slashdot.org/comments.pl?sid=1519756&cid=30852218 - there is me, a /. user, posting in support of that ruling. There are many others.

      That you are unobservant or willfully ignorant doesn't say anything about anyone but you.

    81. Re:Now there's a petition on whitehouse.gov... by ackthpt · · Score: 1

      I think it's a typo for 'wins a kewpie doll'. Kewpie dolls are often given away as prizes at games of skill and chance at fairs and carnivals.

      Indeed, that little 'd' snuck in there inadvertently.

      --

      A feeling of having made the same mistake before: Deja Foobar
    82. Re:Now there's a petition on whitehouse.gov... by CrimsonAvenger · · Score: 1

      firearms....

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    83. Re:Now there's a petition on whitehouse.gov... by squiggleslash · · Score: 1

      Preventing one state from erecting barriers to trade with another is exactly what that clause had in mind.

      I think it's more of a gray area than that. After all, Texas can easily argue both that they're not doing anything most other states aren't doing, and more importantly, that their rules are non-discriminatory and have nothing to do with in-state or out-of-state businesses. That is to say, if Texas had a car industry, it would be bound by the same marketing rules, and that the rules have applied to Ford, GM, and other out-of-state manufacturers for decades with no apparent problem.

      As I've said before, FWIW, SCOTUS is not the legislature, and it doesn't exist to protect us from stupid decisions made by legislatures we elected in the first place. It has a relatively narrow scope to shoot down bad laws, and unfortunately "The law is clearly stupid" is not one. If it was the case that its job was to protect us from bad legislation then:

      1. I wouldn't want the current members to be the current members. Would you? Nine elderly partisans some of whom appear to be batshit insane regardless of their grasp of law.
      2. We'd already have much fewer stupid laws.

      --
      You are not alone. This is not normal. None of this is normal.
    84. Re: Now there's a petition on whitehouse.gov... by Anonymous Coward · · Score: 0

      When Saturn first started, there was a seperate network of Saturn dealerships set up. I bought my Saturn SL2 at one such dealership and for a number of years had it serviced there and enjoyed the "good feel" thing they had set up. Later on I moved to a different city and needed my Saturn serviced. By that time the Saturn dealership was a typical bottomsucker outfit. I think I remember it was a place that also sold/serviced Cadillac vehicles (bad sign). I got the typical shitgrade dealership service.

      Near as I can tell, the rest of GM conspired to take Saturn down. I drive a Ford now.

    85. Re:Now there's a petition on whitehouse.gov... by Anonymous Coward · · Score: 0

      Rockets and PayPal should make everyone nervous.

      "Oops, a launch didn't go as planned. I'm sorry that the debris landed on your house, Mr. Ford Executive. Maybe we could've prevented this "accident" if we didn't have to work around your archaic dealer arrangements. But a nice deposit in a PayPal account would prevent it from happening again... for a week."

    86. Re:Now there's a petition on whitehouse.gov... by cayenne8 · · Score: 1

      I'm bitten far more by the "can't buy alcohol before noon" on sunday blue law.

      Move to New Orleans...no such laws here, you can buy booze 24/7.

      Heck, we even have drive through Daiquiri shops here (and they DO put booze in their drinks)...and when in a bar, you can take your drinks to go.

      I love asking for a "to-go" cup in restaurants and bars....and get so disappointed when I go visit somewhere and realize they don't have the freedoms in other cities that we have here.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    87. Re:Now there's a petition on whitehouse.gov... by Anonymous Coward · · Score: 0

      Minor nitpick, Citizens United did not rule that corporations are people. That's been a part of case law since at least 1886 (Santa Clara v. Southern Pacific) and seems to have been part of some interpretations beforehand.

    88. Re:Now there's a petition on whitehouse.gov... by Austerity+Empowers · · Score: 1

      True by definition. Not necessarily the lowest price around though. I've walked out of the same place twice, only to buy the car for $1200 less somewhere else. Just this past weekend in fact.

    89. Re:Now there's a petition on whitehouse.gov... by desdinova+216 · · Score: 1

      ..and yet another case of smarphone/tablet autocorret running amok?

    90. Re: Now there's a petition on whitehouse.gov... by geekoid · · Score: 1

      If you are having a conversation with someone, and they ask you a question about something you just said, do you tell them to google it?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    91. Re:Now there's a petition on whitehouse.gov... by desdinova+216 · · Score: 1

      not any more... the entire brand closed in October of 2010.

    92. Re:Now there's a petition on whitehouse.gov... by geekoid · · Score: 1

      President Richard Nixon resigned after wiretapping a handful of journalists,
      'Nope'

        sparing the nation the ordeal of impeachment.
      No, sparing himself prison.

      We call on Obama to do the same.
      If Obama had done anything impeachable, don't you think the pubs would have, you know, impeached him?

      His administration vetted the NSA's surveillance of millions of Americans and seriously violated the Fourth Amendment.
      Actually, no it didn't

      He confiscated the personal records of reporters, thus violating the First Amendment,
      No actually, it isn't.

      and the IRS under his watch harassed political organizations opposed to his policies.

      NO they didn't. As it turns out about 65% of the organizations the scrutinized were opposed. I suspect this is more do with the sudden influx of application I can't not presume to go into the thinking process of the people at the IRS who did this, but if I ran the places, and there was a sudden influx ogf ANY group I would look at those a little more closely.
      There is no evidence that the office or the president was even aware of it.
      You know, the president doesn't personally manage every group of people in the government, right?

      Moreover, his administration has lied under oath to Congress.
      Who?

      In addition to violating Article I, Section 8 of the Constitution by invading Libya,
      The president has limited authority to do this. This has been well established.

      his administration engaged in torture and conducted a covert drone war.
      He used a remote control plane to engage instead of a piloted planes. And there isn't a 'secret war.' Doing things covertly during a war is not the same as secret war.

      Due to the severity of these crimes, we call for the immediate resignation of Barack Obama.
      Due to the severity of your stupidity I call for you to immediately learn how to think, research, and to wipe the republicans cum off your face.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    93. Re:Now there's a petition on whitehouse.gov... by geekoid · · Score: 1

      car companies sell cars across state lines.

      Or are all Ford cars only sole in Michigan?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    94. Re:Now there's a petition on whitehouse.gov... by geekoid · · Score: 1

      yeah, and you street smell like piss and vomit , you have low education, high crime, high rate of alcoholism.

      But hey, as long as you have bread and circuses it's all good,.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    95. Re:Now there's a petition on whitehouse.gov... by Valdrax · · Score: 1

      The Constitution wasn't written to be subject to interpretation by arcane legal rules, but by citizens.

      Yeah, that's a common misconception. Most of the drafters of the Constitution were legal scholars themselves. That's why the Constitution has reference to all kinds of terms of the art well-understood in 18th century common law but not defined for the common man like "corruption of the blood," "habeas corpus," and "due process." (Seriously. What the heck is "due process," formally defined? Do you think the average citizen of 18th century America had the faintest foggiest clue?)

      The founders knew the the courts would be the ones to interpret and ensure the fair application of the law. As Hamilton said in the Federalist Papers, "The interpretation of the laws is the proper and peculiar province of the courts."

      You may rage and fume when said interpretation goes against your "common sense," but the public's "common sense" has just as often been terribly, terribly wrong. After all, Dred Scott was "common sense" in the South when it was decided. Plessy v. Ferguson, which gave us "separate but equal" was considered "common sense" at the time by many. "Common sense" is nothing but personal biases and confident ignorance wrapped up in the robes of wisdom.

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    96. Re:Now there's a petition on whitehouse.gov... by Anonymous Coward · · Score: 0

      There's no actual law that prohibits interference with all types of interstate commerce by the states.

      There may be no law, but there is the 9th and 10th Amendments. Certainly rights asserted under these amendments could arise that would prohibit some types of interference with interstate commerce by the states. Then there's the legal ethics issue (which, arguably, could also be asserted as a right arising under the 9th/10 Amendments). Some forms of interference with interstate commerce would certainly create an artificial demand for the services of legal professionals, and thus be a violation of fundamental rights with respect to ethical practice of law. But when was the last time the legal profession actually paid attention to ethics?

    97. Re:Now there's a petition on whitehouse.gov... by default+luser · · Score: 1

      They didn't. Saturns were sold at GM dealerships, just they tricked some hapless suckers into thinking that they were buying them direct form the manufacturer. Want a Saturn part today? Call your local Chevy dealership.

      That's not quite how it worked. Saturn never convinced people they were "buying direct." You had to go to your local Saturn dealership to buy a car. You still had to talk to a salesman. The only difference was, the no-haggle price meant the salesman sold the car purely on features, style, or the company backing the car.

      Saturn was a new car concept from General Motors designed to compete with Japan. It was promoted as an entirely separate branch of the company, with a separate assembly plant and independent dealer network. They attracted new customers with high mpg and no-pressure sales tactics, which allowed them to sell the brand as "almost" a different company.

      That said, what you state is true: in the end of the day it was just another GM dealer. Just like one GM dealer could "just sell Pontiac," and another could "just sell Chevy," your Saturn dealer was a GM dealer that "just sold Saturn." The GM connection allowed them to open as many dealerships as they wanted.

      --

      Man is the animal that laughs.
      And occasionally whores for Karma.

    98. Re:Now there's a petition on whitehouse.gov... by Anonymous Coward · · Score: 0

      I prefer naked wisdom

    99. Re:Now there's a petition on whitehouse.gov... by ttucker · · Score: 1

      The only difference was, the no-haggle price meant the salesman sold the car purely on features, style, or the company backing the car.

      I never understood the appeal of the "no-haggle" price thing. Every car dealership everywhere has no-haggle advertised prices clearly displayed on the window sticker. No negotiation acumen is needed to pay full price, you just show up with money.

      The sticker prices at a new car stores always--even when haggling is not, "necessary"--contain a lot of padding to cover expenses related to financing, telling a customer their trade is worth 2x more than it is, etc, etc.... All you get for not negotiating is to pay like a high-risk financing customer, with a million dollar turd trade in.

    100. Re:Now there's a petition on whitehouse.gov... by KiloByte · · Score: 1

      If Obama had done anything impeachable, don't you think the pubs would have, you know, impeached him?

      Cause it's them who came with this scheme before Obama massively expanded it? Cause they -- the authoritarian faction of the neocon corporate party -- want this spying just as much as the populist faction? They're unhappy with being partially on the receiving side this time, but are aware impeaching Obama for these crimes would be a suicidal action for them.

      It's not a D-R war, they have some clashes, but for most important matters work together. It's a war against the rest of the society. Both of these parties are the enemy.

      The president approves, or at least is aware of, any important decisions made by his administration. The typical game of blaming things on a random intern won't fly.

      As for your request for me to "wipe the republicans cum off my face": fuck you. I demand a modicum of decorum in this discussion.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    101. Re:Now there's a petition on whitehouse.gov... by Sentrion · · Score: 1

      My point invokes the "slipperly slope" argument. Take it however you wish.

      But please do your homework. Corporations, which are pieces of paper, may lead to the organization of people and there are benefits of such organization. But not all corporations involve groups of people. Some corporations do not have ANY employees, only one officer, and serve purposes that are of little benefit to society, such as patent trolling, blatant tax avoidance, and personal asset protection.

      For instance, if I own a yacht, but list it as property of a corporation, and then if you sue me for damages I cause you, you might not be able to actually collect on the judgment, even if a jury agreed I was responsible and ordered me to pay you. And it doesn't stop with asset protection planning. Wealthy and upper-middle-class Americans are now using strategies, sometimes employing corporations or Family Limited Partnerships (FLPs) to hide their wealth. The reason to hide their wealth and legally claim they do not own the thousands or millions of dollars they have access to so they can qualify for medicaid if they or their spouse needs long term care, such as placement in a nursing home. Such nursing home care can easily consume all of a family's lifetime savings, no matter how hard they worked, how frugal they were, or how lucky they were. While unfortunate, I think there is something wrong with the system when any American can get all the medicaid coverage they need no matter how expensive the nursing home care can be, as long as they proof to the government that they don't have more than $2k in the bank and almost no other assets other than a modest house, one vehicle, and household furnishings. Using corporations to appear "poor" enough to qualify for medicaid sounds a lot like fraud, but in our system it is perfectly legal. Just Google "medicaid planning" to learn more.

      I understand the motivation to preserve wealth and not hand over millions of hard earned dollars to a nursing home. An advantage of having a socialist government is that everyone, through broad taxation, could potentially get the nursing home care that is needed without leaving the rest of their family impoverished. Ironically, in the USA we claim to not be socialist, yet we provide this care anyway - but only on the condition that you and your family has to first be completely impoverished. So if you have $100k that you thought you were going to leave to your children or pay for their education, or to carry you and your spouse through retirement, well - you were wrong (if you or your spouse need nursing home care). You don't get any help until that $100k is spent on doctors and facilities. Once you are down to your last $2k you can apply for help (but you still might not get it - there are many barriers). But instead of fixing this problem so families aren't impoverished, we are OK with letting the poor get help and we are OK with letting the wealthy use corporations and other planning structures to hide assets and "appear" to be poor. But the honest middle class who own assets in their own name get slammed. Since the cost of hiring an attorney to draft the proper FLP and trust documents can cost thousands of dollars, there is no win-win scenario for most middle class families. They get to work, struggle, save, and then have it all taken away. But if you're much wealthier and can afford to spend $10k on some documents (like a corporation, FLP, LLC, trusts, etc) you can keep on living the good life and get free handouts.

      I have nothing against groups of people, even with leaders or managers earning profits. Nor do I have anything against certain activities being inherently protected from liability. But the scheming of using corporations to get around loopholes does bother me. If you don't think corporations are being abused by some wealthy individuals, then read up on "offshore banking" and "offshore corporations". Again, these are usually just personal bank accounts tied to a corporation with one officer/shareholder. In some cases "nominee" officers are shareholders are employed to thwart investigations. Just Google "nominee officer" and "nominee shareholder" to learn more.

    102. Re:Now there's a petition on whitehouse.gov... by ChrisMaple · · Score: 1

      There are very few honest people left in either house of Congress, and none of them are Democrats. There is nothing Obama can do that would result in his conviction in an impeachment trial, the corruption is that bad. But he has done far worse than what would result in that conviction, he is guilty of treason, and should suffer the penalty for that.

      --
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    103. Re:Now there's a petition on whitehouse.gov... by Arker · · Score: 1

      You are right that the Supreme Court is not the Legislature. But I never said it was.

      I was making the point that if the Congress wants to step in and prohibit the states from taking these sorts of actions, that would appear to be in keeping with their Constitutional powers. I didnt say, but thought it could be inferred, that if the Executive branch wants to move on this petition, it can easily propose legislation.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
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    104. Re: Now there's a petition on whitehouse.gov... by ClickOnThis · · Score: 1

      Point taken. Sorry, camperdave.

      --
      If it weren't for deadlines, nothing would be late.
    105. Re:Now there's a petition on whitehouse.gov... by khallow · · Score: 1

      My point invokes the "slipperly slope" argument. Take it however you wish.

      I take it to mean that you don't know how to argue. We're a long way from having to deal with same sex corporate marriages, for example.

      For instance, if I own a yacht, but list it as property of a corporation

      That's a non sequitur. Either you own the yacht directly or through ownership of the corporation, or you do not. That ownership can be seized. Annuities might be a gimmick to get around that (say you give the yacht to someone on the condition that you get to sail the yacht for the rest of your life), but they're not a corporation-based loophole.

      I understand the motivation to preserve wealth and not hand over millions of hard earned dollars to a nursing home. An advantage of having a socialist government is that everyone, through broad taxation, could potentially get the nursing home care that is needed without leaving the rest of their family impoverished.

      Well, it's not working in the US is it? I guess we just need to do it harder and maybe it won't fail epically this time.

      As to your concerns about the loopholes, why get rid of a useful legal device for structuring businesses merely because there are loopholes in the US government's good intentions? How about getting rid of the loopholes first?

    106. Re:Now there's a petition on whitehouse.gov... by cayenne8 · · Score: 1

      yeah, and you street smell like piss and vomit , you have low education, high crime, high rate of alcoholism.

      Not really....you''re thinking of Bourbon St....and that gets cleaned every morning.

      It isn't like that at all rest of the city, we have a huge influx of motivated 30-somethings moving in, and the tech sector is thriving, etc.

      Things have changed a LOT post Katrina. That storm washed a lot of the crap out of the city and its being replaced by much better living standards and conditions....and a growing economy.

      Yet, we're still free to enjoy life too without that many legal restrictions in many ways.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  3. Protectionism... by ackthpt · · Score: 3, Insightful

    I've seen your face before .. back when Michigan fought Japan through legislation in Washington DC. How have you been? I see you are on the rise again as people pretend you're their last, best hope.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Protectionism... by Anonymous Coward · · Score: 0

      You mean back when independent dealers didn't want manufacturers undercutting their prices in the 1930's, right? Because that's how far back this goes.

    2. Re: Protectionism... by Anonymous Coward · · Score: 0

      Translation: back when middlemen wanted to keep ripping off customers.

    3. Re: Protectionism... by Rockoon · · Score: 1

      It wasnt to protect the middle men...

      ..but it protected the middle men.

      This was about preventing new players from cheaply entering the market.

      --
      "His name was James Damore."
  4. Except, Tesla won in NC by MoFoQ · · Score: 4, Informative

    Tesla victory in NC

    go figure...once they go on test drive....they love it.

    1. Re:Except, Tesla won in NC by bentcd · · Score: 1

      "So, Governor, now that you've tried the car. Yeah I see you have the Tesla grin already. So, now that you've tried it. Two years down the road, when voters start to realize what a great American car it is that you have prevented them from buying. ... What exactly are your plans for reelection?"

      --
      sigs are hazardous to your health
    2. Re:Except, Tesla won in NC by PPH · · Score: 1

      That worked against proposed legislation. In that case, Tesla could show that it was probably aimed specifically at their marketing strategy. In other states, where such laws are already in place (having been put there for other reasons) I think it would be tougher to overturn them.

      --
      Have gnu, will travel.
    3. Re:Except, Tesla won in NC by squiggleslash · · Score: 1

      "I'm really not all that worried about re-election on the basis of this issue, the thing is Elon, there are more car dealerships in my state than there are voters who can afford to drop a hundred grand on a glorified roadster. Now, if you want to make a case to me about justice or even the economics of allowing direct sales, go right ahead, but quite honestly, you're barking up the wrong tree with the voters thing."

      --
      You are not alone. This is not normal. None of this is normal.
    4. Re:Except, Tesla won in NC by martinQblank · · Score: 1

      So far. According to the newspaper (don't judge) they are planning a separate bill to deal with the Tesla issue.

  5. Federal Case by meldex · · Score: 1

    Seems like these States are trying to invoke the Federal power to regulate interstate trade. That's a no no.

    1. Re:Federal Case by Rob+the+Bold · · Score: 1

      Seems like these States are trying to invoke the Federal power to regulate interstate trade. That's a no no.

      Some states still do it for liquor and other alcoholic beverages. The Feds have pretty much left them alone to do as they please since at least Prohibition. I don't know if it's Federal indifference towards alcohol or Constitutional issues at work.

      --
      I am not a crackpot.
    2. Re:Federal Case by Todd+Knarr · · Score: 1

      I think the logic there is that sales over the counter aren't interstate commerce, so they're open to state regulation. Mail-order direct to consumers would be interstate and a Federal matter.

      Of course that's the opposite of what the Feds claim when it comes to a lot of other regulation, where anything that crossed a state line at any point or involved any party in another state, no matter how peripherally, is "interstate commerce", but nobody said the government had to be consistent...

    3. Re:Federal Case by Anonymous Coward · · Score: 0

      Nope, case law has upheld laws such as these. One such case is Exxon Corp. v. Maryland where the Court stated both:

      The fact that the burden of a state regulation falls on some interstate companies does not, by itself establish a claim of discrimination against interstate commerce,

      and

      Clause protects interstate market, not particular interstate firms, from prohibitive or burdensome regulations.

    4. Re:Federal Case by reub2000 · · Score: 1

      21st amendment basically gives the states unlimited power when regulating alcohol.

    5. Re:Federal Case by Sloppy · · Score: 1

      I think the logic there is that sales over the counter aren't interstate commerce

      Everything is interstate commerce. You can't describe any activity which isn't. No one can.

      And that was a Republican AG.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    6. Re:Federal Case by xQx · · Score: 1

      I think the logic there is that sales over the counter aren't interstate commerce, so they're open to state regulation. Mail-order direct to consumers would be interstate and a Federal matter.



      How is buying a car directly from Tesla or Honda on their website and having it shipped or driven to me any different to mail-order?

      It sounds like a restriction on inter-state trade.

      That said, the other examples (California's 'amazon tax', liquor legislation etc.) shows that it's not likely to be something the Fed will want to get involved in.

      Good to see the USA mindlessly protects its auto industry the same way we do in Australia.
    7. Re:Federal Case by Sentrion · · Score: 3, Interesting

      All goes back to Wickard v. Filburn, under FDR's long-standing administration. Perhaps the most destructive Supreme Court ruling in our modern era. At a time when America was fighting Fascism abroad, this decision probably did the most to entrench Fascism, corporate hegemony and cronyism in the United States, usurping the natural rights of free citizens as well as transferring power from the state level to Federal government agencies.

      The logic behind the Wickard v. Filburn decision seems to stand in opposition against the small government ideals of conservatives, the civil liberties of individuals as espoused by liberals, and the value of a free market as advocated by libertarians, yet this attitude seems to be growing more pervasive throughout our government, especially on the Federal level, with rarely any outcry from voters, the politicians they elect, or from hardly any of the many outspoken critics of our government and society. What is behind this sheeple mentality?

  6. Wait by The+Cat · · Score: 0

    Isn't this protectionism? Oh wait that only applies if an American isn't being fired. When Americans get fired, then it's capitalism.

    1. Re:Wait by Anonymous Coward · · Score: 0

      Reminds me of a posting on the snowden conversation the other day.

      The question was "Name a country with more freedom then the USA".

      I guess the freedom start a company and sell your product without a middleman isn't covered?

    2. Re:Wait by The+Cat · · Score: 0

      You can start a company. You can sell a product. And the Chinese company (subsidized by a government -controlled manipulated currency) will sell your product for 30% less.

      How long do you think you'll be in business, considering the United States government will side with the Chinese if you complain?

    3. Re:Wait by Anonymous Coward · · Score: 0

      Can you enlighten me to the difference between the Chinese manipulating their currency, and the three rounds of "Quantitative Easing" the US has been doing for the past few years?

      http://en.wikipedia.org/wiki/Quantitative_easing

      One of the "economic impacts" they list is :
      Increasing the money supply tends to depreciate a country's exchange rates versus other currencies. This feature of QE directly benefits exporters residing in the country performing QE and also debtors whose debts are denominated in that currency, for as the currency devalues so does the debt. However, it directly harms creditors and holders of the currency as the real value of their holdings decrease. Devaluation of a currency also directly harms importers as the cost of imported goods is inflated by the devaluation of the currency.

      This seems to be an act of "currency manipulation" or have i missed something?

    4. Re:Wait by The+Cat · · Score: 2

      You've missed something. All QE does is funnel cash into PDCFs on Wall Street. It's not increasing the money supply.

      They are simply buying notes on a one-to-one basis, which keeps the balance sheet in balance. The only time that cash escapes into the general economy is through a lawsuit settlement. Otherwise it stays locked up in equity issues and offshore partnerships. If it got loose into the economy, you'd have runaway inflation.

      The Chinese dump cash directly into the pockets of their own international service firms to offset their losses when they underbid the shit out of everything they touch. Then because they have direct control over the value of their currency, they simply alter the number to make it appear that value didn't vanish. In other words, they cheat.

      This works as long as the cash keeps flowing out of Wal-Mart and into their companies. When the cash stops, they will have the exact same problem Wall St. had in 2007. They'll be long on concrete with no buyers. That's spelled F-U-C-K-E-D in economic-speak.

      So the vanishing Chinese value is actually being subsidized by guess who?

      The fucking unemployed American taxpayer. Have a nice day.

  7. rich car buyers vs rich dealership owners by doug141 · · Score: 1

    Interesting that his spawned a grassroots We The People petition. I don't see how most people have a horse in this race right now.

    1. Re:rich car buyers vs rich dealership owners by NoNonAlphaCharsHere · · Score: 5, Insightful

      There are two kinds of people in my town: those who work at car dealerships, and those who would rather go to the dentist than shop for a new car.

    2. Re:rich car buyers vs rich dealership owners by amicusNYCL · · Score: 4, Insightful

      There are plenty of people who would like to purchase a Tesla if they had the means, and Tesla has lower-priced cars on their roadmap. Just because this wouldn't affect someone right now doesn't mean they shouldn't support it for when they need it. It's the "first they came for X, but I said nothing" scenario. Just because you're driving a gas car now doesn't mean you shouldn't support Tesla or any other EV maker. I'm sure the various auto dealer associations would love to get a bunch of laws passed in their favor before Tesla releases their lower-priced models in a few years. If you don't want to see that happen, then now is the time to speak up.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    3. Re:rich car buyers vs rich dealership owners by drinkypoo · · Score: 1

      I don't see how most people have a horse in this race right now.

      Everyone who is paying attention has a horse in this race. Unless you support the notion that states should promote unconstitutional restraint of interstate trade as well as economic protectionism which harms consumers, you should oppose laws which require cars to be sold through dealerships.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:rich car buyers vs rich dealership owners by Anonymous Coward · · Score: 1

      There are two kinds of people in my town: those who work at car dealerships, and those who would rather go to the dentist than shop for a new car.

      What about dentists?

    5. Re:rich car buyers vs rich dealership owners by Anonymous Coward · · Score: 0

      They don't do their own teeth.

    6. Re:rich car buyers vs rich dealership owners by anagama · · Score: 1

      Count me in the latter group (except I kinda like going to the dentist) -- you're typically way better off getting a newish used car off Craigslist where someone else has paid the "I drove it off the lot instantaneous depreciation" cost. All you pay for is the car that way.

      --
      What changed under Obama? Nothing Good
    7. Re:rich car buyers vs rich dealership owners by Valdrax · · Score: 1

      Presumably, they would rather go to work than shop for a new car.

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  8. Impossible! by sphealey · · Score: 5, Funny

    Impossible! North Carolina and Arizona, at least, are libertarian paradises - very "business friendly" - that would _never_ pass legislation interfering with markets or freedom to contract. Never! There must be some misunderstanding.

    sPh

    1. Re:Impossible! by Anonymous Coward · · Score: 0

      Impossible! North Carolina and Arizona, at least, are libertarian paradises - very "business friendly" - that would _never_ pass legislation interfering with markets or freedom to contract. Never! There must be some misunderstanding.

      Ha! Yeah, I remember watching Cindy McCain talk about building her alcohol distributing empire in Arizona as an example of what can happen if you keep government out of the way. Arizona is a three-tiered state. There wouldn't be a Hensley & Co without government regulation forcing people to use a middleman.

  9. Repeat ad nostrum. by Impy+the+Impiuos+Imp · · Score: 1

    How many outraged would have cheered this legislation as originally applied to the Big 3?

    (Some hot air about competition to the cheers of useful idiots) and therefore they can't (and politicians' pockets get lined by a different faction.)

    How many yelping now about "this is not what America is about!!!" will forget that the next issue that comes around when some politician (blows hot seductive air to useful idiots who cheer wildly) and does the un-American, un-Freedom economic thing (and gets his pockets lined?)

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    1. Re:Repeat ad nostrum. by White+Flame · · Score: 5, Insightful

      And where was the political outrage towards Apple when they opened their own stores, for causing "unfair" competition with the other retailers?

      (Obligatory computer analogy in this car thread.)

    2. Re:Repeat ad nostrum. by tlambert · · Score: 3, Informative

      And where was the political outrage towards Apple when they opened their own stores, for causing "unfair" competition with the other retailers?

      (Obligatory computer analogy in this car thread.)

      There were tons of complaints by tons of people; they were unable to buy the laws because the resellers were not franchisees. Here's a short list of pissed off people:

      All U.S.: http://www.sfgate.com/business/article/Apple-dealers-biting-back-Mac-sellers-say-2636871.php
      Australia: http://www.macworld.com/article/1027780/australia.html
      France: http://www.padgadget.com/2011/12/30/apple-reseller-sues-apple-in-france/
      Portugal: http://appadvice.com/appnn/2012/07/portuguese-reseller-interlog-fails-sues-apple-for-hefty-sum
      LA and Boston: http://appleinsider.com/articles/11/02/22/apple_repair_consultants_upset_over_changes_to_apple_retail_referral_policy

      The current Apple pissing contest is over the changes to the repair referral channel. They're going to lose to Apple's wishes there, too, since what Apple sells is a holistic customer experience rather than selling only consumer devices.

    3. Re:Repeat ad nostrum. by Anonymous Coward · · Score: 0

      Thing is, Apple *is* the middleman in that market. They don`t make computers. Foxconn makes them and the Apple dealerships sell and maintain those computers.

      So why can`t Tesla restructure into separate companies, one to manufacture and one to sell/distribute. They would have to do that anyway to break into the European market where everything is sold by companies incorporated in Ireland or Luxembourg for tax reasons.

    4. Re:Repeat ad nostrum. by jedidiah · · Score: 1

      The very name "Big 3" implies that they deserve special scrutiny under the Sherman Anti-Trust act.

      So they are a p*sspoor example. Conflating Ford with Tucker is pretty dishonest.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  10. There Some Reason by Greyfox · · Score: 2
    Tesla can't sell them directly to consumers on their web page? Since that'd be interstate commerce and all, and states can't regulate that...

    If they want to be really cool about it, they could have someplace you could deposit $50000 worth of bitcoins and have the car delivered directly to your doorstep.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:There Some Reason by Anonymous Coward · · Score: 0

      Tesla can't sell them directly to consumers on their web page? Since that'd be interstate commerce and all, and states can't regulate that...

      If they want to be really cool about it, they could have someplace you could deposit $50000 worth of bitcoins and have the car delivered directly to your doorstep.

      They do - you can buy it from their webpage. You just can't take delivery of it in certain states.

    2. Re:There Some Reason by Anonymous Coward · · Score: 0

      Tesla can't sell them directly to consumers on their web page? Since that'd be interstate commerce and all, and states can't regulate that...

      If they want to be really cool about it, they could have someplace you could deposit $50000 worth of bitcoins and have the car delivered directly to your doorstep.

      There are real advantages to having a dealership in your state. Especially if your product is novel enough that it likely can't be serviced easily by existing shops.

      Very few people are interested in buying a car that they have to ship out of state for repair.

    3. Re:There Some Reason by Spectre · · Score: 1

      There are real advantages to having a dealership in your state. Especially if your product is novel enough that it likely can't be serviced easily by existing shops.

      Very few people are interested in buying a car that they have to ship out of state for repair.

      Fortunately, this isn't a problem for current Tesla owners. Tesla will bring you a loaner, leave it with you while they take your car to one of their (many) service centers. If anything, having a Tesla serviced is less of a hassle than most other cars.

      I doubt they'll be able to continue this service model once their volume of sales is substantially higher, sadly.

      --
      "Flame away, I wear asbestos underwear"
  11. Everybody has a horse in this race. by techno-vampire · · Score: 3, Insightful

    Just because I'm not interested in buying an electric car (and don't live in one of the states affected by this) doesn't mean that I don't have a horse in this race. What's at stake here is the ability of ordinary people to buy whatever brand they want even if the only way they can do so is by going directly to the manufacturer. Being required to go through a dealership is a form of restraint of trade, and when the merchandise comes from another state, that makes it interstate commerce. Everybody who's concerned with the rate at which the current administration is eroding our rights has a horse in this race, not just those who want to buy a Tesla car.

    --
    Good, inexpensive web hosting
    1. Re:Everybody has a horse in this race. by Anonymous Coward · · Score: 1

      You also can't list your house on MLS unless you go through a Realtor. If you live in Illinois, you can't have wine shipped from a winery outside the state of Illinois unless that winery has a business presence in Illinois. There are thousands of stupid restrictions like this on the books, all because money makes the rules, not people.

      I'd say your racehorse was shipped to the glue factory a long time ago. The US is pretty much an oligarchy at this point, and it started long before Obama.

    2. Re:Everybody has a horse in this race. by Jah-Wren+Ryel · · Score: 1

      Can't speak to the wine thing, does sound bogus, but the MLS in each city is essentially OWNED by the realtors, it is a private database. Hell the name "realtor" is a trademark of NAR - national association of realtors.

      I do think we should have some sort of open MLS, I bet craigslist could make a dent there if they just beefed up the sophistication of their real-estate listings.

      --
      When information is power, privacy is freedom.
    3. Re:Everybody has a horse in this race. by Alsee · · Score: 1

      Everybody who's concerned with the rate at which the current administration is eroding our rights has a horse in this race

      Hell Yeah! The administration is eroding our rights!

      I'd never buy one of those hippy treehugger electro-dud cars anyway, but it's the Last Damn Straw when Obama starts making state laws in four random states telling me I'd have to buy one from a dealership rather than the manufacturer!

      Ship that commie muslim foreigner anti-christ Barack Hussein Obama back to hell where he belongs, before he can finish his agenda turning our children gay!

      Warning for the mentally retarded: This post was packaged in a facility that processes satire and mockery.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:Everybody has a horse in this race. by Anonymous Coward · · Score: 0

      You were doing good until you started talking to yourself at the end, what with all the packaging and felicitations

  12. Re:Middlemen: the official plague of the modern ag by peragrin · · Score: 5, Insightful

    Three things,

    Middlemen don't like being cut out. those that try find themselves cut.

    Manufacturers, factories, etc don't want the headaches of dealing with uniformed idiots. Ever work a computer Hell desk? yea that has been going on for as long as we have had machines. The average person is barely above being an idiot and half the population is dumber than they are. I have explained the same thing to the same person 30 times in the last 3 months she still doesn't get it. She can't open her mind up to possibilities other than what she already knows.

    Lastly, Middlemen provide slack, and options for the supply chain. In today's tight supply chains they are even more important than ever. As if the factory doesn't have your part your stuck unless your lucky enough to have a middleman with extra.

    --
    i thought once I was found, but it was only a dream.
  13. Re:Middlemen: the official plague of the modern ag by ShanghaiBill · · Score: 5, Insightful

    Manufacturers, factories, etc don't want the headaches of dealing with uniformed idiots.

    If manufacturers don't want to deal directly, they why do we need laws prohibiting them from doing so?

    Middlemen provide slack, and options for the supply chain.

    If middlemen really added value, then customers would be willing to pay for that value, without government coercion.

  14. Why does this law exist? by ImdatS · · Score: 1

    I'm sorry, this may sound stupid, but can anyone point me to directions where I can find something about WHY this is the case? I.e. why is it forbidden for car manufacturers in the US to sell cars directly to consumers?

    I'm not native, so I don't know and it sounds outlandish for. The TFA has a link but the text there is awful to read, so any help really appreciated.

    Thanks
    a former European

    1. Re:Why does this law exist? by Spy+Handler · · Score: 3, Informative

      It's not forbidden in the U.S. by the national (federal) government. Some local (state) governments do forbid it to protect a class of people called "car dealers".

      Why you ask? Same reason the British forbid Indians from making their own salt: to protect the profits of a certain group. It's not unique to the U.S., I'm sure it happens all over the world. Is it fair? No it isn't.

    2. Re:Why does this law exist? by ImdatS · · Score: 3, Interesting

      Thanks for the answer.

      I probably was not accurate enough in my question. Question was rather "how this happened and still happens..."

      Now, a little search provides a really good link I found: http://www.justice.gov/atr/public/eag/246374.htm

      I thought there was a real reason historically but it just seems that car dealers effectively lobbied their state governments to introduce these "Franchise Laws" after they were established. And it was in order to "... protect their investment in real estate and showrooms, etc..." - So, as you said, the traditional protectionist malaise as everywhere (reminds me of the stupid solar industry in Europe which actually managed to convince the EU Commission to introduce tariffs on Chinese solar panels... up to 67% ... now the Chinese are striking back with tariffs on European products *sigh* - will this never end?)

    3. Re:Why does this law exist? by Smauler · · Score: 2

      I'm really confused by this... Europe is constantly being lambasted by some in America about the consumer protection laws restricting free capitalism. These kind of laws seem the antithesis of free capitalism - they're designed to keep the local rich rich. I don't see their purpose, at all.

      This kind of law wouldn't last 5 minutes in the UK, let alone the rest of Europe. The salt tax on India is getting on for a century since it was repealed, prior to independence.

    4. Re:Why does this law exist? by YrWrstNtmr · · Score: 2

      I thought there was a real reason historically but it just seems that car dealers effectively lobbied their state governments to introduce these "Franchise Laws" after they were established

      Because then, as now, car dealers are businessmen. And hang out with the lawmakers.
      Or are actual lawmakers themselves. Like Scott Rigell in Virginia. Who owns Freedom Ford. Do you really think he would craft laws that challenge the car dealer status quo? Not likely.

    5. Re:Why does this law exist? by cranky_chemist · · Score: 3, Interesting

      For anyone interested, NPR's Planet Money team ran a very good story back in February on this topic. If focused on the entrepreneur behind carsdirect.com, who ran into the same obstacles in the 90s when he tried to set up a Web site to sell cars directly to consumers.

      http://www.npr.org/blogs/money/2013/02/19/172402376/why-buying-a-car-never-changes

    6. Re:Why does this law exist? by Anonymous Coward · · Score: 0

      Yeah, because all Americans think alike. I can see your confusion in these matters.
       
      And the free market hardly exists anywhere in America. That's just a catch phrase the big government fucks use when they think a market isn't restricted enough. It's akin to a false slur... like calling someone a fag.

    7. Re:Why does this law exist? by Anonymous Coward · · Score: 1

      Americans don't know what capitalism is. They associate it with "big company shouldn't be restricted". Many people value a company higher than real live people. If a corporation destroys an area affecting 250,000 people, "meh".

      Furthermore, the UK has such protection laws for local car companies. The "golden isle" is what car companies call GB. They charge far higher prices for identical models in Britain than they do across Europe. It is actually cheaper to buy a British made car from Japan (steering wheel is the same side) and shit it back, pay import duty and VAT, than it is to buy it from a dealer up the road. The government has various blocks in place to prevent people doing just this, or going through the Chunnel to pick up a car from France that's 3-4 grand cheaper.

    8. Re:Why does this law exist? by TubeSteak · · Score: 1

      So, as you said, the traditional protectionist malaise as everywhere (reminds me of the stupid solar industry in Europe which actually managed to convince the EU Commission to introduce tariffs on Chinese solar panels... up to 67% ... now the Chinese are striking back with tariffs on European products *sigh* - will this never end?)

      May 18, 2012
      http://www.bloomberg.com/news/2012-05-17/u-s-solar-tariffs-on-chinese-cells-may-boost-prices.html

      The U.S. Commerce Department ruled that Chinese manufacturers sold cells in the U.S. at prices below the cost of production and announced preliminary antidumping duties ranging from 31 percent to 250 percent, depending on the manufacturer.

      October 10, 2012
      http://www.nytimes.com/2012/10/11/business/global/us-sets-tariffs-on-chinese-solar-panels.html

      The Commerce Department issued its final ruling Wednesday in a long-simmering trade dispute with China, imposing tariffs ranging from about 24 to nearly 36 percent on most solar panels imported from the country.

      ImdatS, did it occur to you that maybe this is happening because China was subsidizing solar cell mfgs so that they could sell their products below cost?

      --
      [Fuck Beta]
      o0t!
    9. Re:Why does this law exist? by Anonymous Coward · · Score: 0

      What you need to understand is that America is more of a "do as I say, not as I do" type of world leader.

  15. So why not have Tesla dealers? by Anonymous Coward · · Score: 1

    Seems like rather than fight, Tesla could simply set up dealerships in those states. I'd imagine there are some dealers who would like to add Tesla to their portfolio.

    1. Re:So why not have Tesla dealers? by ImdatS · · Score: 3, Interesting

      From what I understand, Elon Musk wants to control the Purchase Experience as close as Apple does with their computers.

      Remember the time before Apple Stores? When you went into a computer store to buy a Mac, the sales guys would try to sell you anything else but not a Mac. Because it was so much easier for them.

      With the Apple Store, that all changed and the purchase experienced is fully managed by Apple.

      Elon Musk, being an adherent of Steve Jobs' approach, also wants to display his products in the best possible way and he believes that only sales people who exclusively sell Tesla cars (i.e. stores that only sell Tesla cars) can sell it right and that these people should then be also employed by Tesla Motors.

      I get that and if I was him, I would do the same. This is really a crucial time for Tesla (and electric cars in general) and I wouldn't want any GM, Ford or Chrysler-sales person trying to sell my cars - next to all the other cars he has on display...

    2. Re:So why not have Tesla dealers? by osu-neko · · Score: 1

      Seems like rather than fight, Tesla could simply set up dealerships in those states. I'd imagine there are some dealers who would like to add Tesla to their portfolio.

      Ah, the old "just pay the bribe, it's easier that way and really isn't that expensive" mentality...

      --
      "Convictions are more dangerous enemies of truth than lies."
    3. Re:So why not have Tesla dealers? by Anonymous Coward · · Score: 0

      Ever wonder what life was like before jobs? The darkness, the cold, the emptyness... Then jobs came, and the world was different.

      C'mon, people have been concerned with the presentation of their product for YEARS.

      You deal with this on a daily basis when you walk into an office and an attractive friendly person greats you....

    4. Re:So why not have Tesla dealers? by recoiledsnake · · Score: 1

      Elon Musk, being an adherent of Steve Jobs' approach, also wants to display his products in the best possible way and he believes that only sales people who exclusively sell Tesla cars (i.e. stores that only sell Tesla cars) can sell it right and that these people should then be also employed by Tesla Motors.

      I get that and if I was him, I would do the same. This is really a crucial time for Tesla (and electric cars in general) and I wouldn't want any GM, Ford or Chrysler-sales person trying to sell my cars - next to all the other cars he has on display...

      Where is the dealership that sells different companies' cars in the same facility? All I see around are specialized dealerships that deal only in Toyota or Ford etc.

      --
      This space for rent.
    5. Re:So why not have Tesla dealers? by Anonymous Coward · · Score: 0

      Here we have tons of dealerships that sell two brands on one site. Maybe it's just a Texas thing that we do this?

    6. Re:So why not have Tesla dealers? by Anonymous Coward · · Score: 0

      Let me guess, you think 'different brand' means 'different company', right? That's not necessarily.
      For example, a dealer that sells Ford, Lincoln, and Mercury is selling 3 brands, but they are all owned/made by the same company.

    7. Re:So why not have Tesla dealers? by squiggleslash · · Score: 1

      That's not how car dealerships work. You don't walk into a dealership that has both Ford and GM franchises and see, say, Mercury Grand Marquis's next to the Chevy Suburbans. Dealerships are generally required to keep seperate lots, virtually always by manufacturer, and frequently even by brand.

      Apple? Apple didn't start Apple Stores because Best Buy's sales people were saying "You like this iMac? I don't want to sell it to you, why don't you buy this HP instead?", Apple wasn't, by and large, having much luck getting Macs into large chain stores in the first place. By and large, you had to get it from an Apple dealer, and Apple dealers were too few and far between.

      With plenty of cash to use, Apple bankrolled the creation of an owned-and-operated dealer network, which had the side effect that they had more control over the branding and buying experience.

      Yes, I'm sure Musk is after controlling the branding and buying experience, but what he and Apple have in common is that when the Apple Store system first started, Macs were a platform that virtually nobody was interested in, and as a result, few stores wanted to sell. Being at the mercy of the car dealership system means, in practice, not having a presence in much of the country, as nobody wants to own a car dealership that sells one car a month on a good month.

      --
      You are not alone. This is not normal. None of this is normal.
  16. Relevant planet money story by angrytuna · · Score: 2

    Planet Money did a great piece on dealership laws awhile back, talking about a startup that wanted to sell cars directly, and how insurmountable the obstacles they faced ended up being.

    --

    It is a solemn thought: dead, the noblest man's meat is inferior to pork.

  17. Re:Middlemen: the official plague of the modern ag by jxander · · Score: 5, Insightful

    So, why not allow the option of middlemen, and the option of direct sales. If what you say is true then middle men will foster a better experience, capitalism will prevail, and companies dependent on direct sales will falter.

    Right?

    --
    This signature is false.
  18. Re:Middlemen: the official plague of the modern ag by quintus_horatius · · Score: 1, Redundant

    See #1: middlemen don't like being cut out.

  19. Re:Middlemen: the official plague of the modern ag by __aaltlg1547 · · Score: 5, Interesting

    The manufacturers of other cars have to sell through dealers because of these laws, and they don't want Tesla to have an advantage, and the existing dealers want a chance to become dealers for Tesla so they can get a share of that action.

  20. Re:Middlemen: the official plague of the modern ag by Sponge+Bath · · Score: 5, Funny

    The average person is barely above being an idiot...

    I admire your optimism.

  21. Rentseeking by cervesaebraciator · · Score: 4, Informative
    There once was a reason for laws such as this to exist on the local level. Whether one thinks it a good reason, I leave to the individual judgement. Here's an excerpt from an article that explains succinctly:

    While auto-dealership laws go back to the ’20s and ’30s, the dealers’ nationwide legal grip on selling cars was established by state legislatures in the postwar era out of concern that the Big Three would establish networks of their own dealers. It was a time haunted by bigness, as Americans stared at the giant corporations that had swelled to dominate the economic landscape and feared that consumers would soon become subject to whatever whims the companies cared to impose on them. Smaller businesses feared General Motors, General Electric, and the rest of corporate America for the same reason those companies could promise a lifetime of employment followed by a generous pension: they seemed immortal. As Kenneth Elzinga of UVA explained recently at an ISI Faculty Seminar, there was a palpable fear that big companies would slash their prices below cost until all their smaller competitors were driven out, and then, having the market to themselves, they would dramatically raise prices.

    For the auto industry this was particularly feared, as 1950s cars were, compared to today, terribly unreliable. The state antitrust laws that prohibited manufacturers from selling direct also set limits on entry and exit in order to ensure that a car company could not decide a region to be undesirable and just pull up stakes, leaving the customers they had sold long-term products to without a source of spare parts or service. Legislators feared that allowing manufacturers to set up their own dealerships would make the communities subject to the whims of the latest Detroit strategy document, so they sought to break up the process. With independent dealers, states hoped to insulate themselves from concentrated corporate power and force it to serve their communities if it wanted to sell to them.

    Thus the laws were originally intended to protect consumers on the local level. Now, especially in the face of subversive business models like Tesla's, matters have changed. Local dealers are in closer league with manufacturers, the latter often even providing financing for purchases. The arrangement is mutually beneficial: manufacturers can prevent upstarts like Tesla from getting a foothold in the market; dealers, acting as middle-men, can reap the rich benefits of rentseeking through powerful lobbies targeted toward state governments. N.b., however, this arrangement does not prevail in all states.

    1. Re:Rentseeking by ImdatS · · Score: 2

      Thank you very much for this great explanation. Now I understand.

      So, in fact, what is happening now is exactly what these laws were meant to prevent - e.g. with regards to Tesla Motors. I have experienced these unwanted side effects every time any government tried to regulate an industry with very specific laws with the intent of protecting one group of people from another... be it consumers against Big Business or one side of business against another.

      Thanks again, this helped me understand the history of these laws - though they make even less sense now (though I understand the circumstances back in the 1940's & 1950's)

    2. Re:Rentseeking by cervesaebraciator · · Score: 1

      I also occurs to me to note that a similarly vestigial system also remains in place in the form of the three-tier system of alcohol distribution. Major producers of alcoholic beverages cannot sell directly to retailers or to the public in the U.S. (brew pubs and the like excluded, and there are many other state-level exceptions). Rather producers sell to wholesale distributors who, in turn, are allowed to sell to retailers. I needn't add, I am sure, that this makes for many taxation opportunities and this may well be the chief reason the absurd old system continues.

      In any case, if you've ever been to a grocery store in much of the U.S. you may notice an odd pattern to the beer aisle. The major brewery conglomerates will typically vary in order, but invariably their particular products remain in clusters. This is because in practice the breweries tend to stick with a single distributor and the distributors negotiate with the retailers for the best shelf-space. Likewise, smaller brews tend to be clustered together because they tend to work together with an amenable distributor to secure shelf-space. Frequently, however, you won't find that new microbrew on your grocery shelf at all because it takes time, money, and volume to work through the distributors and the microbrews aren't allowed to go straight to retailers to sell their products.

      The lobbying efforts of groups like the Wine and Spirits Wholesalers of America to protect this odd system are likewise a form of rentseeking.

    3. Re:Rentseeking by drinkypoo · · Score: 1

      With independent dealers, states hoped to insulate themselves from concentrated corporate power and force it to serve their communities if it wanted to sell to them.

      Of course, all of that is a lot of bullshit, because dealers were never actually independent. They still had to form relationships with manufacturers, and they couldn't just force the manufacturers to sell them cars for resale. Therefore the manufacturers still wound up tightly coupled to the dealerships. As time has gone by, more and more special-purpose, maker-specific tools have crept into use (you can work on cars from the fifties and sixties with pretty much only generic tools; try that on cars from the nineties or later, hahahaha!) especially including expensive scan tools only available to licensed dealerships without which it is all but impossible to maintain modern vehicles. After a few years, some rogue dealers work with reverse engineers to determine how these tools work so that some knockoff third-party tools can be made; otherwise, the automakers still have complete control over these necessities.

      These laws never protected consumers, and they were never intended to do so.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:Rentseeking by HornWumpus · · Score: 1

      By the time the cars are out of warranty most of the non-standard codes have been sorted. Unless you drive a car that sold 8. Granting some manufacturers change codes for no reason except to fuck with the knock off scan tools.

      OBDII scan tools can be had for less then $20, including blue tooth OBDII dongle and software.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    5. Re:Rentseeking by drinkypoo · · Score: 1

      By the time the cars are out of warranty most of the non-standard codes have been sorted.

      Guess what? You have a legal right to have warranty work done by anyone who can do it. If the dealer is fucking you around in an attempt to run out the warranty, you might reasonably want to go somewhere else.

      Granting some manufacturers change codes for no reason except to fuck with the knock off scan tools.

      Shit, you need non-standard codes just to get normal information (that is normally provided by standard PCM codes) out of a 7.3 Powerstroke.

      OBDII scan tools can be had for less then $20, including blue tooth OBDII dongle and software.

      Yes, and they don't work with many vehicles, like a lot of european cars. They also don't read many codes, for example brake system codes on most vehicles. You need special codes to get that information out, too. On my 1992 Ford, I can just get flashout codes, and my RABS unit is just as informative as a typical ABS unit in terms of codes. On the 2000 Astro, I can't even get that information with standard OBD-II.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    6. Re:Rentseeking by milbournosphere · · Score: 1

      It was a time haunted by bigness, as Americans stared at the giant corporations that had swelled to dominate the economic landscape and feared that consumers would soon become subject to whatever whims the companies cared to impose on them.

      A poignant quote, considering how well corporations and large donors have integrated themselves into the government and its regulatory systems since the Reagan administration. It ended in a crash last time...how will it end this time?

    7. Re:Rentseeking by Anonymous Coward · · Score: 0

      Same goes for,

      utility companies,
      telephone companies,
      gasoline companies,
      any franchised org pays franchise rent to the parent company

    8. Re:Rentseeking by HornWumpus · · Score: 1

      Get a better dongle. The crappy (they are all cheap) ones have problems with Fords OBDII PCM mode.

      Also get better software. Understanding extended codes is all up to the software.

      Your main problem seems to be buying 'Fucked Old Rotten Dogs'.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    9. Re:Rentseeking by drinkypoo · · Score: 1

      Get a better dongle. The crappy (they are all cheap) ones have problems with Fords OBDII PCM mode.

      It's not a hardware, problem, it's...

      Also get better software. Understanding extended codes is all up to the software.

      Right. You need AutoEnginuity or one other in order to make sense of Fords.

      Your main problem seems to be buying 'Fucked Old Rotten Dogs'.

      Actually, my 7.3 liter ford has just as much power as a powerstroke, a 94 or 95 anyway, but it does not have a computer. Well, I take it back, it does have one for the transmission, but not for the engine. So there's no codes to be pulled from a PCM, because there is no PCM. The transmission has a TECA and I can pull codes from it with a standard Ford OBD-I reader, or a paper clip and a lamp. But I got a fancy pants reader at a flea market, one clever enough to lead you through the various tests (tell you to hold down the accelerator when necessary for a KOEO test and such) and then print out codes by number. It cost me ten bucks, which is what I paid for the LED flasher that I had previously. I can also get codes from the RABS unit, by grounding out a wire and watching the lamp flash, if there's a code set.

      I also own an '82 300SD, which also has a computer for the transmission but not for the engine. It also has a separate module just to run EGR, but it's not doing anything right now. The Ford never had any emissions equipment. If it had a Ford engine, I would never have bought it. I would still suggest to people that they buy something else instead, like a 94-98 Dodge, if they are looking for a classic diesel pickup. There's just no room to work in the rear of the engine bay of the Ford, it's frustrating. The Mercedes, of course, is a peach most of the time.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  22. Re:Middlemen: the official plague of the modern ag by drinkypoo · · Score: 4, Insightful

    If middlemen really added value, then customers would be willing to pay for that value, without government coercion.

    Well, there are middlemen that add value, but they're not typical auto dealerships. They're facilitators that help you locate the car you're looking for. Many of them have agreements with dealerships that will get you the best price or near it without having to dicker, and you only pay a [relatively] small commission to the "dealer" that you're actually dealing with. This only really makes sense when buying a fairly new vehicle, otherwise the commission can be disproportionate. Of course, their value would fall without this sort of protectionist nonsense.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  23. Where would the madness end? by Anonymous Coward · · Score: 0

    Up next, must have a dealership for that Starbucks you want, and that Apple or Dell computer you looked at. Dealers started as an easy method for the car manufacturers to finance production since they could ship every day and let the dealer hold excess inventory while consumers bought in inevitable surges (seasonality). Then the tail wags the dogs. Tesla only needs to sign up a company that is everywhere, like starbucks, to showroom their brochures or a brake shop chain for maintenance and call it a 'dealer network'. Or they create a new LLC with sufficient funds to build retail outlets (like Apple stores) and spin it off as its own company, shares on wall street, more cash.
     

  24. Don't sign the petition!!! by Anonymous Coward · · Score: 0

    The free market is evilz!!!!!! We need the regulation!!! Big brother good, big business bad!!!!

  25. Re:Middlemen: the official plague of the modern ag by djhertz · · Score: 2

    Half of all people score in the lower 50% of intelligent tests.

    --
    Modest doubt is called the beacon of the wise - William Shakespeare
  26. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    I think of that fact every time I sit in a doctor's office. Half of them are below average, too. :-(

  27. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 1

    I can see this happening in an overly regulated state like Massachusetts, but isn't Texas supposed to be the shining example of the free market in action? Next you're going to tell me that it doesn't matter what political structure a state or country has when it comes to money.

  28. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    Yeah, but which half?

  29. Re:Middlemen: the official plague of the modern ag by countvlad · · Score: 5, Interesting

    So the argument against removing the laws (for all auto manufacturers) and making the dealers "sell" themselves to the auto manufacturers is what exactly? That dealerships lobbied really, really hard to sell you a product that they add no value to? Can you say "crony capitalism"?

  30. Dealerships should be optional by AaronW · · Score: 5, Interesting

    Having purchased a Tesla Model S the experience is the exact opposite of when I purchased a Toyota. Tesla's showrooms do not sell cars. They show them. When I went to the showroom I could ask questions without any pressure to buy the car. The only way to buy a Tesla is on their web site so there's no sales critters trying to get a commission. There are a myriad of options to choose from which allows you to get the exact car you want. I got the paint color, interior color and all the options I wanted. It went to the point where I chose the wheel colors and whether or not to have a rear carbon fiber spoiler (I chose not to). There's also no haggling over price. Tesla basically builds to order without having to deal with an inventory of cars. You order your car and they deliver exactly what you ordered, or in my case I picked mine up at the factory and took the tour.

    At the Toyota dealership I didn't have much choice. I could choose any car as long as it was on their lot, plus there's the high pressure sales. The only thing worse than one of their car salesmen is a used car salesman (which they also sell there).

    Dealerships don't really protect the consumer. As far as I'm concerned, they're leeches. A relative of mine bought a Fisker Karma and the dealerships are basically helpless since Fisker is more or less bankrupt in all but name. The warranty is basically worthless as is any pre-paid service and parts are unavailable. Since Fisker laid off their engineers even support is limited even if paid by the owner. The dealership my relative goes to is better than many. Many dealerships completely dropped any and all support for Fisker so the owners are completely SOL. There's nobody to even perform routine service on the vehicles.

    I groan every time I have to have something fixed that's not under warranty at Toyota. They charge a premium for the service since they know that with a Prius you're unlikely to take it elsewhere.

    Dealerships also wouldn't make nearly as much profit on service either. Tesla has vowed to not make a profit on service, but then again, service should be a lot simpler than a gasoline powered car. There's no transmission to service or wear out, only a simple gear reduction. There's no 5K mile oil changes, the motor is lubricated for 12 years. There's no fuel pumps or spark plugs to replace.

    Since the number of cars sold is fairly low, a dealership would also be selling o

    Tesla service consists of a 12,500 mile inspection, replacing the wiper blades and brake pads if needed (brake pads should last basically forever), rotate the tires, replace the cabin air filter and possibly flush the coolant. Service also may include hardware upgrades, software upgrades are distributed over 3G and can be applied by the owner whenever it's convenient.

    Tesla has vowed to not make a profit on service. When I broke one of the clips on my roof they had to replace the entire panel next to the glass sunroof. If the panel were on my Prius, the dealership would probably charge $200-300 just for a replacement panel plus a fortune in labor. Tesla charged me $100 and $175 labor to replace it, which after explaining what they had to do to replace it was a bargain.

    Things are quite different now than they were in the 1950.

    --
    This post is encrypted twice with ROT-13. Documenting or attempting to crack this encryption is illegal.
    1. Re:Dealerships should be optional by Anonymous Coward · · Score: 0

      I went in to my local Jeep dealer and ordered a new car two weeks ago. I selected color, options, the whole kit. I have a tracking number to track its progress through the build and delivery cycle. I did a cursory glance of their and local areas inventory, and there was none to be had, so I ordered the car. I am paying 1% under invoice because of a Chrysler affiliate program that casual research on the internet will make plainly aware, and anyone can join. Others will get better deals, others will not, but for a fixed price no haggle deal, I'm happy with this.

      My next "haggle" point will be the lifetime extended warranty I intend to buy (I've owned my current car for 13 years), which I can buy on the internet, or will buy from the dealer if they're willing to match or beat the price already quoted. Doesn't matter to me one way or the other.

      When I bought my previous car, a Ford, I did the same thing -- checked inventory, ordered the car, and came in with a price from the internet that seemed fair to me, and they took it with no drama.

      I expect the final sale to be mostly painless when the Jeep arrives in 6 weeks or so.

      The only pressure point is in the final contract phase when they want to push TrueCoat(tm) and other doo dads. But I'll hand wave those off.

      So, with modest preparation, buying a new car can be mostly painless.

    2. Re:Dealerships should be optional by Anonymous Coward · · Score: 0

      If your brake pads last forever, your car must spend a lot of time in the "park" gear.

    3. Re:Dealerships should be optional by Anonymous Coward · · Score: 0

      I think what he meant was that on electric cars you tend to take advantage of regenerative braking (i.e. braking with the engine instead of with the brakes themselves).
      This should make your brake pads last a lot longer, though I'm not sure it'd be "forever".

      When I was a constantly-broke student I used to drive very carefully in order to save fuel. One of my techniques was to brake using the engine as much as possible (fuel consumption drops down to zero when doing this).
      When I took the car to a routine inspection the mechanic made a point to say that typically he'd replace the pads on a car that old, but they were still almost new.

      So yeah, you can save a lot of wear on the brake pads if you try. Of course it also helps if you don't live in the city.

    4. Re:Dealerships should be optional by dkf · · Score: 1

      Of course it also helps if you don't live in the city.

      The techniques mostly work well in cities too, provided you've not got too many steep hills and don't drive too close to the car in front.

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    5. Re:Dealerships should be optional by Anonymous Coward · · Score: 0

      You were making sense until you split your infinitive. Then you lost all credibility. You'd think someone successful enough to own both a Prius and a Tesla S also would be smart enough to know that splitting infinitives is bad form.

    6. Re:Dealerships should be optional by Anonymous Coward · · Score: 0

      Probably. I have a hybrid, and had to get the brake pads replaced for the first time with 110,000 miles on it. For most people, that's effectively forever when it comes to cars.

      On the other hand, fuel consumption can't drop down to zero when braking with the engine. Unless you kill the engine when you need to slow down, but then you generally lose power steering, so that's not a good plan. An idling engine may burn less gas than a revving engine, but is still burns gas.

    7. Re:Dealerships should be optional by tgd · · Score: 1

      I think what he meant was that on electric cars you tend to take advantage of regenerative braking (i.e. braking with the engine instead of with the brakes themselves).
      This should make your brake pads last a lot longer, though I'm not sure it'd be "forever".

      When I was a constantly-broke student I used to drive very carefully in order to save fuel. One of my techniques was to brake using the engine as much as possible (fuel consumption drops down to zero when doing this).
      When I took the car to a routine inspection the mechanic made a point to say that typically he'd replace the pads on a car that old, but they were still almost new.

      So yeah, you can save a lot of wear on the brake pads if you try. Of course it also helps if you don't live in the city.

      FYI, that's not particularly great to do for your car -- you're wearing your engine parts instead of your brake pads.

      That's not even remotely like what an EV does, which is turn the electric motor into a generator. Its designed for that, your IC engine isn't.

      Some EVs, like the Volt, don't use the physical brakes unless you hit the brake pedal pretty hard. I believe the Tesla, though, the brakes are 100% mechanical and only when you let off the accelerator do you get regenerative braking.

  31. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 1

    I am mightily curious to know what uniforms those idiots are wearing. Is there an official depot from which to order them?

  32. Re:Middlemen: the official plague of the modern ag by cdrudge · · Score: 2

    The manufacturers of other cars have to sell through dealers because of these laws, and they don't want Tesla to have an advantage

    Do manufacturers of other cars have to sell through dealers because of the laws? Or did dealers get these laws passed so manufacturers have to sell through them? One way could be interpreted as dealers just wanting to have a level playing field. The other way could be interpreted as dealers protecting themselves from competitive alternative business models.

  33. Re:Middlemen: the official plague of the modern ag by s.petry · · Score: 2

    It's not just the middleman in this case, though I agree with your comments regarding mercantilism. The beginning points to numerous aspects acting as Cartels. Unions became cartels, franchises became cartels, and executives became cartels. When everyone is a criminal, things never end up well.

    --

    -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

  34. A guide of which states to not buy cars in? by trawg · · Score: 1

    Surely that's what legislation like this provides - a useful indicator that your state is prepared to preserve the status quo to protect businesses at the expense of the citizens, so that ultimately cars will just end up costing more in your state because of the extra layer of overhead?

    I'd just fly to another state, buy a car and drive it back home. Well, once they finish rolling out their charger station network, anyway :)

  35. Re:Middlemen: the official plague of the modern ag by Sentrion · · Score: 2

    I thought No Child Left Behind was supposed to fix that.

  36. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    Posting AC to preserve mods.

    One could use a bit of search-fu and find out, but I won't, also. I do believe it was originally some car manufacturers that looked to set up dealerships as a way to get the cars out of the factory yards, get pre-orders, and avoid some of the problems inherent in dealing directly with customers.

  37. Re:Middlemen: the official plague of the modern ag by Sentrion · · Score: 4, Insightful

    I think of that fact every time I sit in a doctor's office. Half of them are below average, too. :-(

    Yes. They are called general practitioners. The other half tend to specialize in higher paying fields, like surgery or anesthesiology.

    For better or for worse, medical schools set their standards so high that only the most qualified (typically overqualified) ever get the opportunity to even study medicine, let alone practice. You may have a physician who was at the bottom of his class, but he's still likely to have more knowledge and intelligence than anyone else working or waiting in his clinic. It's not like IT, where there is a job for everybody, with a very wide spectrum of credentials or abilities (or lack thereof). Nor is it like those with a liberal arts degree, where employers just presume the degreed applicants don't know a thing about working life and have them start at the lowest position in the company, most often side-by-side with non-degreed hourly employees, and then only promote those noobs who show some potential to figure it out and actually make some effort to show up on time, properly dressed, and without a bad attitude.

    Given that the student loans for the professions can easily top $100k, success is the only option. There is no bankruptcy allowed, and without a physicians salary there is little hope of ever having more than a Spartan existence, regardless of how earnestly one tries to pay off such loans by any other means.

  38. Hang the Monkey by b4upoo · · Score: 1

    Make the point of sale one spot in the US and deliver the product from that spot. Then open service centers around the nation that can provide factory parts and factory trained mechanics. If demand is high enough the middlemen will be eliminated and it just might encourage other auto companies to do the same thing. Where value exists a sales staff is simply not needed. If the product is wonderful the public will crawl through hell to buy it.

  39. It's politics by Beeftopia · · Score: 1

    Well funded organizations - dealerships - are able to pad politicians pockets. Thus the politicians do what the organized contributors want.

    If Tesla wants to do this, he needs to grease some politicians' palms. Not directly of course, but through the legalized channels - buying things for family members, contributing to shell entities which funnel money to politicians, that sort of thing. There are many ways to effect this.

    Do that and Tesla's problems should go away.

  40. Re:Middlemen: the official plague of the modern ag by tlhIngan · · Score: 3, Interesting

    Don't forget another reason for resellers - manufacturers don't want to deal with 1 piece orders constantly - it's way too much overhead for them. It's cheaper for them to sell 100 units to one person, then that person to sell it to 100 people, than for the manufacturer to sell to those 100 people.

    Also, resellers can handle warranty issues locally - manufacturers then can deal with the reseller to handle it - e.g., the reseller can exchange 5 units to customers, then the manufacturer can send 5 extra units as replacements. Less overhead for the manufacturer, and local sellers may know their market better.

    There are exceptions - like Apple, who can handle it all vertically, but they tend to be the exception. Even then their ordering systems aren't as slick as say, Amazon's.

  41. Re:Middlemen: the official plague of the modern ag by davester666 · · Score: 0, Flamebait

    Yes, by doing their best to move the upper half down to where the lower half is. Repeat until everyone is "equal".

    --
    Sleep your way to a whiter smile...date a dentist!
  42. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 1

    manufacturers don't want to deal with 1 piece orders constantly - it's way too much overhead for them

    This very article is about a company which wants to do just that.
    I don't see why you can't have both - companies who want to deal with consumers directly should be allowed to, and all others I'm sure will have middlemen lining up to do it for them (assuming they have a product people want).

  43. Re:Middlemen: the official plague of the modern ag by AmiMoJo · · Score: 1

    Don't forget another reason for resellers - manufacturers don't want to deal with 1 piece orders constantly - it's way too much overhead for them. It's cheaper for them to sell 100 units to one person, then that person to sell it to 100 people, than for the manufacturer to sell to those 100 people.

    Is that what actually happens though? When I ordered my last car it had to be ordered and delivered from the factory to the dealer. It was a standard model, nothing special. I doubt most dealers would want to hold a lot of stock.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  44. Re:Middlemen: the official plague of the modern ag by dkf · · Score: 1

    I thought No Child Left Behind was supposed to fix that.

    I stand in awe of the power of your skills in mathematics and statistics. Were you, perchance, educated in a school under the onus of the NCLB policies?

    (You can shift the center of the distribution, you can shift the spread of the distribution, but you can't change the fact that there is a distribution. There are just too many variables that nobody can control.)

    --
    "Little does he know, but there is no 'I' in 'Idiot'!"
  45. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    ... I have explained the same thing to the same person 30 times in the last 3 months she still doesn't get it. She can't open her mind up to possibilities other than what she already knows.

    Or maybe... maybe it's you not opening your mind to the possibility that she's calling you every 3 days because she likes the sound of that cute guy in IT

    Ever think of that?

    (or it could be a bet in the typing pool to see how long they can keep it up until they get you to come to their section? Then if you're not cute they'll pester someone else. :)

    My sister does that at her work ;)

  46. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 1

    My heart bleeds for those overprivileged achievers. The thing is, if you do manage to hold down a job as a general practitioner or specialist, then you're set for life. You have a 'respectable' position, a salary that puts you in the top earners, and a pension the size of which most people would dream of as a salary.

    To get all this, you'll probably have 'pushy' parents, an overinflated ego (thanks to said parents), and a good memory. Don't get me wrong, you have certainly worked extremely hard to achieve the cushy life you end up in, but it took a long slog during your extended college and intern years to get there, not a great deal of intelligence. Your motives are probably also outside a desire to 'help people' and are most likely money or status based, if it was to help people, I'd imagine that soon gets burnt out of you.

    Most of the doctors I know are certainly not that intelligent - egotistic, arrogant, condescending, yes, but only slightly above the common herd. They've just had years of having information pumped into them rote. Knowledge is not intelligence, but it can certainly appear like it to the uninformed.

     

  47. Re:Middlemen: the official plague of the modern ag by XcepticZP · · Score: 0

    You can't have a free market with ANY government meddling/laws/regulations/rules/existence being present.

  48. Re:Middlemen: the official plague of the modern ag by ultranova · · Score: 1

    Half of all people score in the lower 50% of intelligent tests.

    Tautologies don't imply anything.

    --

    Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  49. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    As Sponge Bath said earlier, "I admire your optimism." Getting into and through medical school is no guarantee of intelligence or competence.

    I've encountered many doctors on my path through life, and only a very small handful really knew what they were doing. Oh, by the way, two of those were general practitioners.

  50. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    And you can't have a free market *WITHOUT* any government meddling/laws/regulations/rules/existence being present. If you try, you end up with abusive monopolies.

  51. Commerce clause by sjbe · · Score: 1

    1) do your judges not have to have the support of the actual law before they strike things down?

    Generally yes unless we are talking about some of the higher courts where they may rule on the legality of the law itself. Sometimes laws get passed that are incompatible with the Constitution and thus the law gets declared invalid. However in this case there are laws already in existence that may make laws requiring dealers to be unconstitutional.

    2) the petition is on whitehouse.gov, which is the federal executive branch. Your executive branch doesn't control your legislative branch, does it?

    No but they do control the departments responsible for enforcement of laws including the Justice Department and the Commerce Department. Also the executive branch has substantial ability to influence the actions of members of the legislative branch. Interstate commerce is under federal jurisdiction and thus the executive branch can have substantial influence under existing law. I'm kind of surprised no one has tried to make an argument in front of a judge that dealership restrictions within a state run afoul of the commerce clause of the constitution by unduly interfering with interstate commerce.

  52. Re:Middlemen: the official plague of the modern ag by wagnerrp · · Score: 2

    Rather, it was used as a short term solution, around the turn of the last century, to get dealers set up across the country quickly without having to spend the capital to do so themselves.

  53. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 1

    What no child left behind has created is a generation of failures. Case in point... my girlfriend has 3 children that are not mine. 2 of them are pre-teen. The 2 pre-teen children have found out that being lazy in school has no bad effect. Her youngest daughter passed 1 class this year. There are 7 classes a semester and 3 semesters. 21 classes a year and she passed 1. Her son passed 5 or 6, I don't know the exact figure.

    But failing a grade means spending 3 weeks in summer school which ends next week. If you are there for every day of the 3 weeks, you are passed to the next grade. I don't know what they do there but they never have any home work.

    Her youngest daughter will be in 5th grade this year. She hasn't passed a grade since 1st. Her son will be in 6th this year. He hasn't passed a grade since 3rd.

    Both of them struggle to read. Both of them have a hard time doing simple math on their fingers.

    That is what No Child Left Behind will get you.

  54. Middlemen everywhere by sylivin · · Score: 3, Interesting

    As a bit of a counterpoint, remember that we use middlemen *everywhere.* Amazon, Walmart, grocery stores, department stores... the list goes on and on. Damn near every single business we buy from is a middleman.

    Usually it is in our best interest to go through a middleman as it ends up with savings for everyone. The middleman usually buys in bulk (thousands of items) and then sells to us (1 at a time) at a markup. The manufacturer gets the benefit of a steady, predictable cash flow while we get the convenience of buying one at a time.

    Of course, that's how it usually works. Not everyone wants that though. In today's connected world we can pay a premium straight from the manufacturer for items custom created directly for what we need. Cars, as large capital investments for most people, are a perfect example of this - especially as the "premium" is usually the same price that you would be charged from the middleman anyway. For middlemen to survive they need to provide a "value added" effect to the merchandise and I do not see that happening with most car dealerships.

    tl;dr version: You use middlemen every day, usually love it, but if they don't provide extra value they shouldn't exist.

  55. Re:Middlemen: the official plague of the modern ag by Attila+Dimedici · · Score: 4, Insightful

    There is nothing wrong with the points you make. They are all good points. However, none of them is an argument that supports laws requiring a company to use middlemen.

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  56. Re:Middlemen: the official plague of the modern ag by slackware+3.6 · · Score: 1

    That isn't the schools fault its the parents fault. You say being lazy has no consequences. I say give the little bastards a good spanking then take all their stuff away until they stop being lazy. It's not up to the school to motivate children it's up to the parents. I'm guessing your "girlfriend" is just as useless as her children and she taught them to be lazy.

  57. Re:Middlemen: the official plague of the modern ag by Digital+Vomit · · Score: 1

    So, why not allow the option of...

    Because you don't live in a capitalist country, despite what the mainstream media tells you?

    --
    Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
  58. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    Whoa whoa whoa whoa whoa...

    Stop making sense.

  59. Re:Middlemen: the official plague of the modern ag by Gravitron+5000 · · Score: 1

    Likely the bottom half.

  60. Re:Middlemen: the official plague of the modern ag by nedlohs · · Score: 1

    That's what shitty parenting combined with a crappy school system will get you. It can be fixed at either end - in fact school days are usually about 7 hours long, only happen 5 in every 7 days, and more than 1/5 of those are vacation days anyway so schools don't have a monopoly.

    Sure you shouldn't have to but there are 3.5 waking hours that a kid is not in school for every 1 hour they are in school so parents have ample time make up for things schools don't do and fix any damage schools do do. If the are no bad effects of being lazy in school enforced by the school there's ample time for there to be bad effects enforced outside of school. If the school homework is non-existent or stupid time-wasting garbage there's no law that a parent can't give their child their own homework to do as well (well not in the states I've lived anyway).

  61. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    peragrin - So... Let me get this straight. You work at a hell desk job and have very little patience for the people you are trying to help. The results making you cynical and unhappy and leaving the customer unhappy, frustrated, and still in the dark. And all the while you are making your life miserable, other people's lives miserable, and wasting your employer's time and money, but have the nerve to call the average person the 'idiot'.

    Because of you lack diversity and understanding, because you're a bigoted, naive little snot, because you contradict yourself and make a great case that you're just an idiot calling the world stupid, I'm giving you the title of 'Moron of The Day, June 28, 2013'. Congrats.

  62. Re:Middlemen: the official plague of the modern ag by nedlohs · · Score: 3, Insightful

    In which case you don't need a law preventing manufacturers from doing so - they'll use resellers because it is cheaper/better for them. That there is such a law is usually evidence (not proof, there are other possible explanations) that manfacturers do in fact want to sell directly. If no one wanted to speed we wouldn't need speed limit laws after all.

  63. Re:Middlemen: the official plague of the modern ag by Chris+Mattern · · Score: 2

    Because you don't live in a capitalist country, despite what the mainstream media tells you?

    I'd like to, though. Abolishing these laws would be one step in that direction.

  64. Re:Middlemen: the official plague of the modern ag by Chris+Mattern · · Score: 2

    Don't forget another reason for resellers - manufacturers don't want to deal with 1 piece orders constantly - it's way too much overhead for them. It's cheaper for them to sell 100 units to one person, then that person to sell it to 100 people, than for the manufacturer to sell to those 100 people.

    That used to be true. Nowadays there's this thing called "the internet." Maybe you've heard of it?

    Also, resellers can handle warranty issues locally - manufacturers then can deal with the reseller to handle it - e.g., the reseller can exchange 5 units to customers, then the manufacturer can send 5 extra units as replacements. Less overhead for the manufacturer, and local sellers may know their market better.

    All these arguments are absolutely beside the point. If it's better, it doesn't need laws enforcing it. If it's worse, it shouldn't have laws enforcing it. Either way, the laws should go.

  65. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    No value add?????

    Think floor mats!

    Those ones the dealer sells you are REALLY nice... at least they should be.

  66. Re:Middlemen: the official plague of the modern ag by cayenne8 · · Score: 1

    Case in point... my girlfriend has 3 children that are not mine. 2 of them are pre-teen. The 2 pre-teen children have found out that being lazy in school has no bad effect. Her youngest daughter passed 1 class this year. There are 7 classes a semester and 3 semesters. 21 classes a year and she passed 1. Her son passed 5 or 6, I don't know the exact figure.

    Seriously, I'd be running away from that hornets nest of a situation SO quickly, I'd leave skid marks on the doorstep?!?!?

    There's plenty of women out there without baggage like THAT hanging around their necks....just waiting to add it to YOUR neck too!!!

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  67. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    The other manufacturers got these laws passed to draw legally-enforceable turf boundaries.

    How many car dealerships have you seen that sold more than one manufacturer's product at a single location? Sure, there are dealership networks that have dealership locations for multiple manufacturers. But when was the last time you could go to Jim-Bob's Ford and buy a Chevy? When did you ever see Jim-Bob's Honda, Ford, and VW dealership? You've never seen these things because of these laws.

    If a car dealership could just buy from any manufacturer and sell them all on one lot, the manufacturers would have to actually compete with each other! There wouldn't be legally-enforceable mini-monopolies anymore! Fords and Chevys (Chevies?) being sold on the same lot! Pandemonium! Next thing you know, it'll be dogs and cats living together!

    This arrangement has its quirks, and nobody's fully invested. Manufacturers want to sell more, and they've mostly made the determination that dealer agreements are the way to do that (no competition on the same lot), but boutique-style manufacturers like Tesla would rather sell direct because dealer networks are expensive and troublesome when you only have two models to choose from. Dealers would love to be able to sell any car on any lot, anywhere, all the time. But right now, they've got a good gig just being in the business of being a middleman, especially since the internet has made most other middlemen irrelevant. And now Tesla is looking to strip that away from them. They'd have to become Non-Used Car Salesmen, and that's a tough gig compared to $make Salesmen.

  68. Take it elsewhere by Anonymous Coward · · Score: 0

    I groan every time I have to have something fixed that's not under warranty at Toyota. They charge a premium for the service since they know that with a Prius you're unlikely to take it elsewhere.

    There's actually very little about the Prius that's composed of magical hybrid fairy dust and unicorn hair; for the most part, it's just a gasoline car with a few extra parts. The gasoline engine, cooling system, suspension, steering, etc. can be serviced by virtually any mechanic.

    If it's a warranty repair, let the dealer handle it (for free.) Those special hybrid drivetrain systems, including the batteries, are under warranty for an absurdly long time (8 years or so) anyway. For any maintenance or repairs you have to pay for, chances are they're not related to the fancy hybrid parts, and therefore there's no reason to go to the dealer over a cheaper independent mechanic.

  69. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    I blame both. The school should not reward failure but you are right the parents are a joke

  70. Re:Middlemen: the official plague of the modern ag by BasilBrush · · Score: 1

    Whoosh!

  71. Re:Middlemen: the official plague of the modern ag by BasilBrush · · Score: 1

    Whatever politicians do, there will always be stupid kids that don't pass tests.

  72. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    Than what will the Jews do?

  73. Re:Middlemen: the official plague of the modern ag by BasilBrush · · Score: 1

    Spanking a motivation? Talk about a lack of parenting skills.

    Tell me, in whatever job is id you do, would you feel motivated if the boss told you to do something otherwise he'd punch you?

    Parenting in a complicated thing. But "spare the rod and spoil the child" belongs in bygone centuries. It's ignorance.

  74. Re:Middlemen: the official plague of the modern ag by Hillgiant · · Score: 1

    Actually. No.

    Once Upon A Time mass manufacturing operated better on large piece runs. However, modern techniques have swung the other direction and most automobile manufacturers can (at least theoretically) handle one piece flow.

    Shipping automobiles is still a bit more efficient in bulk, though I can imagine two or three different scenarios to alleviate this last constriction.

    --
    -
  75. I knew it... Bob Dobbs is a Middleman!!!! by Anonymous Coward · · Score: 0

    Lastly, Middlemen provide slack, and options for the supply chain.

    I knew it! Bob Dobbs was a holy Middleman all along.

    Slack is essential.

  76. Re: Middlemen: the official plague of the modern a by Anonymous Coward · · Score: 0

    That works for communism, too. It's never been properly implemented, thus the bad history of the times it's been tried should be disregarded.

  77. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    Lastly, Middlemen provide slack, and options for the supply chain

    Efficiently run manufactures don't need much slack. When you build only what is ordered when it is ordered, the only thing you need is enough inventory to meet immediate demand.

  78. Fisrt Prohibition, Then Gangster Takeover, Then by Anonymous Coward · · Score: 0

    Next, they won't let you have a quiet drink, or practice on the ukelele, in one. You'll see. This can only lead to widespread smuggling. Out-of-state ownership. Lost revenue, smuggler barons, immigrant noveau-riches who'll want to sire (or dame) dynasties whose offspring will be national and world leaders, pretentious social panorama novels (in pasteel tones), ... oh, the humanity!

  79. Re:Middlemen: the official plague of the modern ag by Eravnrekaree · · Score: 1

    Don't be silly. The dealer does add value in providing the show room and the real estate for you to go look at the cars o see what you want. If car manufacturers sold directly, the car manufacturer would provide all of these things and they would be added to the cost of the car anyway. And, you would have no choice on what dealer to go to, the car manufacturer would be the dealer too. With the current system you have a choice of what dealer to go to, and that is your market force, consumers will go to what dealer provides the best value and service. So your idea that there is some sort of non-market thing at work here is wrong, having the dealer and manufacturer seperate actually increases your market choices. The market thrives when we avoid vertical integration, vertical integration would actually stifle your options.

  80. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    It's cheaper for them to sell 100 units to one person, then that person to sell it to 100 people, than for the manufacturer to sell to those 100 people.

    This is the biggest falicy of the century. For a small manufacturer with limited capital, this might be true. But if that same manufacturer had the capital to manage it's chain all the way to the customer's door, they would have a much higher profit magrin, less waste, lower inventory, and overall higher efficiency.

  81. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    that is your market force, consumers will go to what dealer provides the best value and service.

    ROFLMAO

    You've clearly not gone looking for a new car and compared dealerships. I have. Every dealership within 100 miles offers the EXACT SAME PRICES. There is no best value. There is only the price that has been decided on by the manufacturer. If one dealership is giving $1000 rebate or selling "below MSRP", every other dealership for that manufacturer will be offering the same deal. Sure, you can choose which sales person you're going to try to haggle with, but they're all bound by the same price constraints.

    The only difference you can actually get by going to a different dealership is a difference in sales tax if you go to a different county or state.

  82. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    Who the hell marked this as interesting. This is the most circular logic I've ever seen, nonreligious. You say other car manufacturers have to sell through dealers because of the laws in question, the very laws the person you are replying to is disagreeing with and were only added to try to satisfy some business owners with friends in high places. So laws get removed, manufacturers can choose to sell through dealers or go direct themselves. Why do you need a law that forces all manufacturers to go through dealers just because the existing manufacturers decided they didn't want to work directly with consumers? They made a choice, nobody forced them to do business with dealers, not till these backward @$$ laws came out.

  83. Re:Middlemen: the official plague of the modern ag by geekoid · · Score: 2

    That's wrong.

    a) the show room is a value add regardless off who pays for it, and it's cheaper to the consumer for the manufacturer to do it. There is no middle many percentage on top.

    b)" you would have no choice on what dealer to go to, " Says who? That would only be the case if separate dealerships weren't allowed. and manufacturers still have to compete against other manufacturers.

    c)" consumers will go to what dealer provides the best value and service." as they would continue to do. again, you are making the the assumption that this would some how take away the option of having dealerships.

    "actually stifle your options."
    you mean like stifling my option to buy direct from the manufacturer?

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  84. Re:Middlemen: the official plague of the modern ag by geekoid · · Score: 1

    Unless you are rich, yo wouldn't want to live in a solely capitalist driven economy. We did do that for a while, it went poorly for anyone who want' rich or willing to kill people.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  85. Re:Middlemen: the official plague of the modern ag by geekoid · · Score: 1

    below average in a subgroup of above average intelligence, education, dedication and motivation.

    You peoples misuse of average makes Maths Hulk want to smash.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  86. Re:Middlemen: the official plague of the modern ag by geekoid · · Score: 1

    You clearly know nothing o GP pay and costs.

    " not a great deal of intelligence."
    you will not make the 'slog' without a good deal of intelligence.

    "Your motives are probably also outside a desire to 'help people' "
    haha, no. I have worked with too many Doctors and I know that's not true for the vast majority of them. If that's what they wanted, they would have gone into finance and made MORE money.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  87. I cut out the middleman by Anonymous Coward · · Score: 0

    I transfered my 401k/403b to Fidelity because the middleman took 5% off the top and 1% per year and tried to bury that fact. I compared the performance to other funds and found it to be comperable. The difference is that I will see hundreds of thousands more in retirement instead of making a local broker rich.

    Vanguard is another group that has low overhead, but my employer does not play ball with them.

  88. Re:Middlemen: the official plague of the modern ag by geekoid · · Score: 1

    Spanking has catastrophic long term impacts.

    You're an idiot.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  89. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    Middlemen don't like being cut out. those that try find themselves cut.

    Middlemen also provide a place for states and municipalities to easily levy hidden and indirect taxes. It's much easier to increase the inventory tax on car dealerships than to increase the excise or property tax on car owners. The amount and diversity of taxes built into the price of a modern car is staggering. The Tesla is a fine car, but it's a more impressive feat of tax avoidance than it is a feat of engineering. There's a reason the $65K Tesla sedan is blowing away the competition: it's being compared to $35K cars that have $30K of hidden taxes. If Teslas were taxed like other cars, they wouldn't be compared to a Mercedes E-Class, they'd be compared to a Maserati Quattroporte.

    What Tesla is doing is disruptive. It's good in the long run to upend the entrenched system and add more tax transparency, but disruption is still expensive. There are hundreds of towns all across the country that rely on a large cluster of auto dealerships for much of their tax base. They still have teachers to pay and roads to maintain, and they are going to get hurt. You can't change a town's commercial or industrial base overnight.

  90. Re:Middlemen: the official plague of the modern ag by geekoid · · Score: 1

    That what bad parenting gets you. I can go on with the serious bad effects of NCLB, but if a child in the 6th grade can not read well or do basic math that's parenting fail.

    "If you are there for every day of the 3 weeks, you are passed to the next grade. "
    if that is true, then it's p[retty horrible.
    I have two kids in school, and the pass there classes, and if the fail they have summer school. Summer School I have to pay for.
    One of my children has a form of apraxia, so certain English subjects are vary difficult for him, so he ended up in summer school; which is an online course, and has a place he could go to to get help from a teacher. He works very hard to barley pass. He does well in Computers and design.

    Just so you know; assigned homework doesn't help anyone. It should be done away with.

    "That is what No Child Left Behind will get you."
    bad parenting existed well before NCLB.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  91. Re:Middlemen: the official plague of the modern ag by geekoid · · Score: 1

    "manufacturers don't want to deal with 1 piece orders constantly "
    sure, that's fine. Shouldn't the manufacture get to make that call?
    No on is saying manufactures can't use middlemen, only that middlemen should be forced on the manufacturer. It's not like it's food or any infrastructure issue, it' cars. I can't imagine what value to society forcing a auto manufacturer to use a middleman has.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  92. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    Half of all people score in the lower 50% of intelligent tests.

    "intelligence"

  93. Re:Middlemen: the official plague of the modern ag by geekoid · · Score: 1

    false... and stupid.
    There is a long history of corporations/companies stifling the free market and controlling the complete chain.
    Seriously, why do you think we wanted regulations in the first place? I'm not defending all regulations, but the idea that there will be an actual free market without government regulation is absurd.
    Do you think we would have anyone but IBM developing computer technology if they had been allowed to do whatever they want without regulation?
    Do you not know of all the instance of corporations poisoning whole towns? Train owners driving people from their homes and taking their property? killing them?

    Learn something. Government has a responsibility to all people, Corporation, in general, have a responsibility to make money.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  94. Re:Middlemen: the official plague of the modern ag by HeckRuler · · Score: 1

    manufacturers don't want to deal with 1 piece orders constantly - it's way too much overhead for them

    Yes, traditionally that's the case. Manufacturers want to sell in large palettes of whateverthefuck.

    But just to, you know, throw this out there... Why?

    I mean, right now, someone else buys a pallet, turns around and sells the individual things for more than they bought it for. That mark up pays all their wages, bosses, and corporate profits. And yet it would be "too much over head" for the manufacturing companies to do all that.

    What's keeping the manufacturing plants from doing everything the resellers do?

    And the answer is that the resellers are more agile than the ancient manufacturers. The young ones can use the hip new technology that let's them deal with small orders without having to pay a small army of accountants to file paperwork. You know, a webpage with a shopping cart. The manufacturing plants are largely rooted in their old ways and if you want to buy 1 or 1 million widgets you have to literally fax them an ordering contract. It really is cheaper for the old manufacturing plant to sell in bulk.

    But there's really nothing keeping the technology out of the hands of the manufacturing plant other than their reluctance to change and their investment in fax machines.

    When you get a new manufacturer on the scene, like Tesla, why the hell would they buy fax machines?

  95. Massachusetts? by CosaNostra+Pizza+Inc · · Score: 1

    I can see North Carolina, Texas and Arizona, which are red states, having this legislation...but, Massachusetts?

  96. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    and yore bold usage of the word "your" to prove you're point

  97. Pointless statistical pedantry action fun time! by Valdrax · · Score: 1

    Half of all people score in the lower 50% of intelligent tests.

    Actually, that depends on how you define the lower 50% and how fine-grained the test results are.

    Let's say (for simplicity) that 5 people take a 2 question IQ test. As with most IQ tests, we get a bell curve of results: 1 person gets both right, 1 person gets both wrong, and 3 people only get 1 right. How many people scored in the lower 50%? Is it 1? Is it 4? It's certainly not 2.5.

    Even if you expand the test taking population and add more questions, you still run into the possibility that you won't necessarily hit 50%.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  98. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    You're confusding ignorance with stupidity. Ignorance is curable, no amount of education will fix stupidity.

  99. Re:Middlemen: the official plague of the modern ag by volmtech · · Score: 1

    I guess Florida is different. Beck Auto Group, Chevrolet, Chrysler, Ford, Nissan. Garber Auto Mall, Buick Chevrolet Chrysler Dodge Ford GMC Jeep Ram Dealer.

  100. Re:Middlemen: the official plague of the modern ag by volmtech · · Score: 1

    The feudal system was much better. 20% to the Lord and the serfs shared everything else. What, there was a market place with merchants? People bought and sold things? really?

  101. Re:Middlemen: the official plague of the modern ag by volmtech · · Score: 1

    I know what you mean. My son had $50,000 in loans from law school. It took him three whole months to pay that back. It was terrible.

  102. Re:Middlemen: the official plague of the modern ag by Reziac · · Score: 1

    It did. All scores are now zero. ;)

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  103. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    Uh huh...and when exactly was that, dumbshit?

  104. Re:Middlemen: the official plague of the modern ag by XcepticZP · · Score: 1

    The government is itself an abusive monopoly. Try and manufacture a car and then sell it directly to a customer and tell me how that works out for you.

  105. The appeal of no-haggle pricing by default+luser · · Score: 1

    The appeal is this: in the end of the day you know how much you're going to pay without a protracted battle beforehand. This was especially nice in the days before you could price a car on the internet.

    When I was buying my first new car, the internet was not the wealth of knowledge that it is now. So I had an idea of price range, but really no concrete dollar amounts between the cars I was looking at (Civic, Corolla, Saturn). To get an idea of price at any other dealership meant getting into negotiations, and trying to separate the dealer-added crap from the factory packages.

    At the Saturn dealership, I got to see the price of every car and every package. And after suffering though several other dealerships, I began to see this one fact: the no-haggle prices were as good or better than I could get anywhere else. At the end of the day, the salesman still gets his cut, so why waste your time and breath trying to move a mountain?

    You won' t get high dollar for your trade from a no-haggle place (that's where they make their money), but you can always take it to another used car lot. I didn't have that problem at the time, so I really had a good experience.

    Today you have unlimited knowledge on the internet, so you can go in prepared...or use any number of other buying options.

    --

    Man is the animal that laughs.
    And occasionally whores for Karma.

  106. Re:Middlemen: the official plague of the modern ag by XcepticZP · · Score: 1

    The very definition of a "free market" implies lack of regulation. I'm too lazy to search for some proper authoritative source, but here is the description from the wikipedia article on it:
    "A free market is a market structure in which the distribution and costs of goods and services, along with the structure and hierarchy between capital and consumer goods, are coordinated by supply and demand unhindered by external regulation or control by government or monopolies."
    Emphasis mine.

    Now fine, I take it you want to argue that you can't have a "free fair market", for lack of a better term. You want it both free and fair. Those aren't necessarily orthogonal concepts, but they seldom coincide when you have more than one party involved.
    You want make driving a car fair? Sure, slap on a 3rd party insurance requirement, just in case someone has an accident without insurance. That's fair for you because you're scared of that reckless uninsured driver, but it's unfair for the little guy down the street that can barely scrape by to buy that tire he so badly needs for the coming rains. Nor is it fair for that guy who missed the payment and yesterday his insurance expired, and gets stopped on his way to the DMV to pay for his 3rd party insurance because he's all too happy to pay the extortion fee. The real reason is because he needs a car to go to work, and can't afford to go to jail if he has an accident without insurance, even if it is for one day.

    Speaking of tires. Tires in America are apparently quite overpriced due to some recent Obama-proud trade tariffs. It sure is fair for those 1000 or so jobs that were not lost due to cheap Chinese imports, and the unions that the workers pay fees to. Not so fair on the Chinese business man who innovated and probably lowered costs on his side by hiring underage workers. You know, workers that need jobs to pay to feed their families or whatever.

    Care to name one example of this supposed "stifling [of] the free market and controlling the complete chain" you mention? I'm genuinely curious, because to me, a monopoly/oligopoly can mostly only be caused specifically by government regulation. Before you answer, please think about all the current monopolies/oligopolies that are present in the market. The market that the government is supposedly protecting from the evil companies.

  107. Re:Middlemen: the official plague of the modern ag by kheldan · · Score: 1

    Tesla should have an advantage, at least right now, to promote the technology, which you have to admit is going to be the way of things. Facilitating adoption by the general public is only going to benefit everyone in the long run. Once it's really caught on there will be dealerships falling all over themselves to get in on the action, but for right now electric vehicles are a hard sell.

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
  108. Re:Middlemen: the official plague of the modern ag by ChrisMaple · · Score: 1

    Capitalism - early industrialization - made it possible for people to live who would otherwise died. Stop lying about the history of capitalism.

    --
    Contribute to civilization: ari.aynrand.org/donate
  109. Re:Middlemen: the official plague of the modern ag by ChrisMaple · · Score: 1

    Motivations that work are age-appropriate, and need to be adjusted to the individual. One of the causes of the problems seen today is the failure to use corporal punishment as required. Less than a century of limp-wristed modern "child psychology", applying a hypothetical regime of no punishment, does not overthrow the thousands of years of experience behind effective traditional parenting.

    --
    Contribute to civilization: ari.aynrand.org/donate
  110. Re:Middlemen: the official plague of the modern ag by ChrisMaple · · Score: 1

    Not spanking produces children who don't think they'll be shot when they hold up a bank.

    --
    Contribute to civilization: ari.aynrand.org/donate
  111. Re:Middlemen: the official plague of the modern ag by ChrisMaple · · Score: 1

    Just so you know; assigned homework doesn't help anyone. It should be done away with.

    Do you think most people at MIT could pass tests without doing assigned homework? Do you think history, which requires very extensive reading that cannot be accomplished in classroom hours, can be learned without reading history, which is most of what the "assigned homework" consists of?

    --
    Contribute to civilization: ari.aynrand.org/donate
  112. Re:Middlemen: the official plague of the modern ag by ChrisMaple · · Score: 1

    In the United States, the primary examples of "Train owners driving people from their homes and taking their property" have been government land grants to railroads. Without the massive government force used by the corrupt collusion of business and government, such abuses are much more difficult.

    --
    Contribute to civilization: ari.aynrand.org/donate
  113. The Tesla No Dealership Model by Anonymous Coward · · Score: 0

    I worked for Tesla for two years. I was part of the Electrical Engineering team that designed the standards for the automation equipment to build the Model S and supervised the companies who built the machines for us. I left the day the car was officially launched for financial reasons. Loved the place, but they didn't pay well enough to support my family in California.

        However, as a senior engineer, I was privy to a lot of good information on what we where doing. I even met Elon Musk a few times.

        When Tesla was developing their model, they did a major analysis of the entire automotive marketplace. What they discovered is that the most reliably profitable part of the entire automotive chain was Dealerships.

        Dealerships made more money than Parts Suppliers, Assembly Plants, Service Centers, etc. So Elon decided that he would simply absorb the existing Dealership structure (used by every other automotive manufacturer) into the company core.

        Smart move. Now greedy dealers are freaking out. There is no reason they should be. No one is taking away the vehicles they already sell. They just are not going to get Tesla's vehicles to sell.

        Seems like good capitalism. No wonder the Right Wing wants to frak with it.

  114. Re:Middlemen: the official plague of the modern ag by mattack2 · · Score: 1

    Manufacturers, factories, etc don't want the headaches of dealing with uniformed idiots.

    At least they're nicely dressed idiots.

  115. Re:Middlemen: the official plague of the modern ag by Anonymous Coward · · Score: 0

    I have two kids in school, and the pass there classes, and if the fail they have summer school. Summer School I have to pay for.
    One of my children has a form of apraxia, so certain English subjects are vary difficult for him

    The apple doesn't fall too far from the tree, huh?

  116. Re:Middlemen: the official plague of the modern ag by slackware+3.6 · · Score: 1

    If my boss threatened to punch me for being a slacker I'd get the fuck to work. But that doesn't happen because I'm a productive worker.

  117. Re:Middlemen: the official plague of the modern ag by mattack2 · · Score: 1

    Yes, this is just results from a google search.. and admittedly are confusing..

    http://www.payscale.com/research/US/People_with_Jobs_as_Physicians_%2F_Doctors/Salary
    says GP makes an average of $125,568.

    http://www.healthcare-salaries.com/physicians/medical-doctor-salary-md
    gives two different salaries in different paragraphs -- $186044, and

  118. Re:Middlemen: the official plague of the modern ag by toddestan · · Score: 1

    How many car dealerships have you seen that sold more than one manufacturer's product at a single location? Sure, there are dealership networks that have dealership locations for multiple manufacturers. But when was the last time you could go to Jim-Bob's Ford and buy a Chevy? When did you ever see Jim-Bob's Honda, Ford, and VW dealership? You've never seen these things because of these laws.

    I'm not sure what happened exactly, but you used to see things like that. I remember one dealer that used to sell Buicks, Nissans, and Kias at the same location. However, this seem to come to end sometime around the late 90's and early 2000's, and all the "mixed brand" dealers picked one brand and dropped the others (the above example nowadays only sells Nissan).

  119. Re:Middlemen: the official plague of the modern ag by BasilBrush · · Score: 1

    "Less than a century of limp-wristed modern "child psychology",

    As I said, it's ignorance. As is that comment.

  120. Re:Middlemen: the official plague of the modern ag by BasilBrush · · Score: 1

    If my boss threatened to punch me for being a slacker I'd get the fuck to work.

    You're in a tiny minority. Most would go work somewhere else. A fair proportion would bring legal repercussions down on the bully.

    But that doesn't happen because I'm a productive worker.

    Without your boss threatening to punch you... Guess there was another more effective motivation, eh?

  121. Re: Middlemen: the official plague of the modern a by Anonymous Coward · · Score: 0

    Run. No matter how tit, it isn't worth it.

  122. Re:Middlemen: the official plague of the modern ag by nobodie · · Score: 1

    what helped me was my Insurance company's buying club. They not only used my wants and needs to choose a range of recommended high-value cars, when I chose 1 they negotiated a final price and I just had to walk in and sign the papers. Got a Hyundai Sonata hybrid for 21,000: hard to beat that kind of value added insurance company too.

    --
    Subversion of spatial scale luxury decoration ideas.
  123. Re:Middlemen: the official plague of the modern ag by t1oracle · · Score: 1
  124. Re:Middlemen: the official plague of the modern ag by neonKow · · Score: 1

    NPR did a radio show on why Buying a Car is always so terrible: http://www.npr.org/blogs/money/2013/02/19/172402376/why-buying-a-car-never-changes

    It raises the perfectly valid question of, "why can't you go to a single place and shop for multiple brands of cars like you do appliances, electronics, cameras, groceries etc?"

    There is absolutely a non-market thing driving the current car-buying process, and it is a bunch of laws in every state that heavily protect car dealerships from the sort of fair competition that merchants in every other industry have to face. Dealers are protected by law from another dealer that wants to open in the same territory, and there are serious restrictions on manufacturers that prevent them from terminating a contract with a bad dealership. So, if you as a customer didn't like how a dealer sold cars, your only option is to drive very far away to the next dealer, or to buy a completely different brand. You can't even buy the car online. This is completely different from buying almost anything else.

  125. Re:Middlemen: the official plague of the modern ag by neonKow · · Score: 1

    Do you not understand how science works or something? Do you still think you get sick because of evil spirits? Psychology may be considered one of the "softer" sciences, but don't criticize it when you clearly don't know anything about what that menaas. The conclusions of "child psychology" comes from actual studies and field data, while the thousands of years of experience is also what gave us leeching to remove bad blood, surgeons not washing their hands between patients, and burning witches whenever we couldn't understand something.

    Don't try to rationalize your desire to hit a child when you're frustrated that they're not listening to you with the claim that thousands of years of experience backs you up.