Make sure you have a lawyer look at your situation first, but should also have a solid business plan before embarking on venture like this. While I'm no fan of "over-hyped sales drones" you need to step back and objectively ask yourself who is going to secure the customer base for your product. While you may be good writing code, can you sell a product or do you know what to look for in hiring someone? Likewise, who is going to take on the role of project, and maybe staff, manager? Then you need to start thinking about payroll and healthcare. It takes more than writing good code for even a small software company to be successful--you'll probably find yourself gaining a lot of respect for the people you were previously complaining about.
"The person is lying, no one forces you to sign anything. Employment is at will, if you don't like it negotiate it or don't sign it."
From personal experience, the situation is often more complex than this. In my previous job the company was growing quickly and HR was not in place to cope. One year later a new head of HR reviewed everyone's file and required some employees to sign a new non-complete. At that point it would have been *very* hard for me to go back to freelancing and build up my old client base. I was also in management so refusing would have been awkward to say the least.
Two years go by and I was taking a job at another company working for one of my previous employer's clients. In my city about 50% of companies in the industry work for this client. I didn't maintain any key relationships nor was I stealing any secrets but I got slapped with the non-complete. Lucky for me, the new employer stuck their best lawyers on it to review the merits of the case and sided with me.
It's very hard to get out of signing a non-complete, or altering it, unless you have a strong position of negotiation (read: they need you more than you need them). Imagine you've accepted a job, told your employer, and then you learn you need to sign one. Imaging you have a job and are asked to after a period of employment. Imagine you're trying to break into the industry, or got laid off, and this is your first job offer in four months.
It's not so cut and dry-- I wish our government would do more to protect Joe the Developer's rights to "live liberty and the pursuit of happiness". I also take offense that you think someone who's a EVP, or pulls six figures, could be significantly hurt monetarily but this. Do you know for a fact that Apple is paying his legal bills? It's the individual getting sued in most cases and the result could seriously devastate his professional career.
This happened too in my backyard of Saint Paul during the RNC. Everyone is questioning the heavy-handed tactics.
"Ramsey County prosecutors have formally charged eight members of a prominent activist group with conspiracy to riot in furtherance of terrorism. The eight members of the RNC Welcoming Committee are believed to be the first persons ever charged under the 2002 Minnesota version of the federal PATRIOT Act. The activists face up to seven-and-a-half years in prison."
I don't agree with those suggesting that you tell your boss "this is not my job". I've seen a lot of graphic designers make their own web site so I would not be surprised if developers are sometimes capable of doing the design work themselves. But I did hear your comment that "graphic design isn't one of my strengths". I think you have two options.
1. Ask your boss for site within your category that he likes. What do they have that your site doesn't? Get some bids from some independent web designers (include your time for implementation) then take them to your boss and tell him the true cost of making the changes.
2. Your boss probably likes good design but doesn't want to pay for it. Based on what he likes try to find some free templates from some of the resources people have already mentioned (like CSS Zen Garden). Have him pick the free design that works best, "If you don't want to pay for a design look at these free ones. But keep in mind it will take me X hours to implement it." If you have some friends that are good at design then ask them for some free advice as you're implementing the templates, "Do these fonts look right? Is the logo too big?" etc etc...
While I'm in favor of measures to curb white collar crime these requirements seems to do more harm that good by encouraging companies to take business elsewhere.
For your average audio system I would agree that you won't hear much difference between the $10 cable and the $50 one; but once you've upgraded your sources and speakers, eventually your cables to factor in. Also, most Monster cables are crap that your average audiophile would never touch. But the audiophile community is very divided on the issue of cables. Most will agree that there is some noticeable difference between cables. If you do your homework you'll find that there's a wide range of technologies being employed. For example: Silver, Copper, Palladium, Carbon. Thin wire, thick wire. Ceramic connectors, plastic connectors, plated connectors, solid connectors, gold connectors, silver connectors, copper connectors. Teflon, cotton, foam, or air insulation. Also, Magnets, no shielding, heavy shielding, even cryogenic treatments. Yes, there's a lot of snake oil out there but you need to research and listen before drawing conclusions.
This has been said before but Amazon has a recommendation engine that's light years ahead of what Netflix has. I've been an Amazon customer for longer, have bought more product from them, and so has everyone else. Even after rating 300 movies and reviewing several Netflix makes the stupidest movie recommendations while Amazon prove insightful most of the time.
Amazon has the distribution, but also the ability to cross-sell a lot more than Netflix. It's probably a lot easier for them to sell you the movie if you rent it and like it. They have better promotional opportunities, like including free rental coupons if you buy DVDs.
The one thing Amazon doesn't have going for it is customer service. Have you ever had a problem with your order? One time someone sent me a gift from my wish list, they could not select the address it was shipped to, and it got lost. It was a complete headache trying to resolve the issue and contact their customer support. Netflix, on the other hand, has amazed me with how good their service is. One time I sent my own DVD back instead of the rental, so I emailed them, and they managed to find it and mail it back to me a couple of weeks later. I also had a real, live, human who answered the email. Unless Amazon shows improvement I'll be sticking with Netflix.
I agree with you that amazon has a killer recommendation engine but Netflix has been making small improvements. A few I can name off the top of my head include: * The new "Friends" feature where you can see what your friends are watching and make recommendations. * Localized top 100 list; see what's popular in your town. * Allowing other family members to login and have a rationed amount of the overall queue. * RSS feed for your queue.
I would have to say those films (Matrix 1 & 2) successed despite Reeves bad acting. I pray that Scanner will too. Most of the films he's stared in failed to make the list of Top 100 Grossing Films. The Matrix 1 and 2 only made the list due to good screen writing and directing (IMHO), and the masterpiece Home Alone beat both of those at the box office. So whats your point?
#5. Flat Black Films hasn't produced a movie with a plot. Waking Life was collection of random encounters; the making of which was really just a collaboration in many ways. #4. All of the movies made from PKD's novels have been either a flop, or stripped key plot elements. If you read Do Androids Dream of Electric Sheep and watched Blade Runner then you'll know what I'm talking about. #3. The choice to use animation instead of live action means there's no reality to question. People don't question cartoons, they are merely entertained by them. #2. When asked about Warner Independent (who co-financed A Scanner Darkly) the Dick Estate stated they were "... A new division of WB devoted to serious films with modest budgets." Why not give it the BIG BUDGET that a film like this should have? Are studios not willing to take the risk? #1. Keanu Reeves -- need I say more?
I didn't think live action (from most directors) wouldnt do the film justice either. This is the only film I'm looking forward seeing that I can currently think of. I do wonder what Terry Gilliam would've done with a project considering that he also wanted to make the film. While the PKD movies I've watched have all been entertaining they also lack what his novels contain; ideas that lead the reader to question the very fabric of reality. Much of Blade Runner was lost in translation to the big screen and the other successful PKD films have all been from short stories. From what I saw in Walking Life gives me the confidence that they can make this movie -- hell they even had a PKD reference in that film. Unfortunately, with Keanu Reeves in the lead who knows.
By saying I work in advertising, I've researched this before and was referring to the quote which said you need permits. I'd assume it really doesn't matter if your message is commercial or not. Political parties use the same types of media as traditional advertising, and while regulation differs many similarities can be drawn. JK was using public property to display (up to 2-weeks) a printed political message, how is that "personal speech"? IMHO, I agree with JK but I'd hate to see pro-bush propaganda all over my sidewalk.
I did read the Indymedia link (now slashdotted), but it wasn't clear if they still weren't giving him a for arrest and holding him in jail. Just because cops didn't answer his question while cameras were being pointed in their faces is a stupid reason to assume no one answered his question in private. I'm sure we'll all know the full story soon, but as of now no one has anything to report after the arrest. If you have a link or something please post it. Thanks!
You can't break the law and then bitch about how the law is wrong. Its questionable if chalk advertisements are legal, companies typically pay permits for that medium. After IBM and NBC outraged people by spray painting messages around town, I think advertisers are treading lightly. If chalk advertising was clearly legal you'd probably see "eat at mcdonalds" all over your city.
Personally, I think it's bullshit if they are enforcing it to different degrees, like letting pro-lifers put messages everywhere but not letting the bike guy get the word out. He obviously wasn't keeping the shit low-profile by talking to the media.
You are paying more because Mandrake needs to: 1. Secure a steady supply of hardware to meet demand. 2. Install and configure the OS on the hardware. 3. Write a manual. 4. Provide tech support for the product. 5. Market the new product. 6. Profit.
So when I talk about how "good" you'll feel after smoking is that deceptive because I didn't tell you that you can get cancer too? When I tell you how smooth the ride is in a SUV but neglect to mention all the people who are involved in rollovers burning to death -- is that deceptive? If I tell you Pepsi tastes right, but forget to mention that drinking 20 liters a day will make you diabetic, is that wrong? My point is, the facts are out there. Most advertising falls into the grey area, only talking about the product's benefits.
My history has typically been promoting brands I believe in that do more good than harm. As a consumer, I know voting with my dollar is what matters most.
When you present something in its best light (which is to advertise it) people get disappointed when they find out that no, you didn't get transported to a utopian alternative state of existence. If I sell you that the can of coke with half the carbs, you'll complain that it's half empty. Even so, people keep buying for that conditioned temporary purchasing high.
While I agree that flat-out lies have no place in advertising, you'll have to vote with your dollars about other 99% that falls into the grey area. Most people are casting the "I don't care vote", because those companies are still making money. Which bring me to my previous point:
If people are too lazy to seek and out demand the truth in ALL areas of their life there's little chance of social improvement. If I present something in its best light you can brand me "deceptive", but I can consider you "sheep" for being too lazy to research the negative angles yourself. Those are the people who go to the mall and can't resist impulse buys, purchase a new car because they liked the television ad, or told the CTO to buy Microsoft because it costs less then Linux to maintain.
Working in advertising, I find it highly amusing when someone gets their undies in a bunch over mistruths in advertising. Have you EVER found advertising to be truthful, educational, balanced, or neutral? If the answer is yes, its obvious the advertising worked. Wither you are conditioned with an implied view of reality (drinking beer gets you laid) or bludgeoned over the head with a truth-stretching-statement the result is the same. So wake up, truth will not be handed to you on a silver plater. Advertising isn't about telling the truth (or lying), its about selling.
Slashdot Mirror
While in theory this seems like a good idea when it comes to implementing the plan home owners would be chasing their own tails.
Make sure you have a lawyer look at your situation first, but should also have a solid business plan before embarking on venture like this. While I'm no fan of "over-hyped sales drones" you need to step back and objectively ask yourself who is going to secure the customer base for your product. While you may be good writing code, can you sell a product or do you know what to look for in hiring someone? Likewise, who is going to take on the role of project, and maybe staff, manager? Then you need to start thinking about payroll and healthcare. It takes more than writing good code for even a small software company to be successful--you'll probably find yourself gaining a lot of respect for the people you were previously complaining about.
"The person is lying, no one forces you to sign anything. Employment is at will, if you don't like it negotiate it or don't sign it."
From personal experience, the situation is often more complex than this. In my previous job the company was growing quickly and HR was not in place to cope. One year later a new head of HR reviewed everyone's file and required some employees to sign a new non-complete. At that point it would have been *very* hard for me to go back to freelancing and build up my old client base. I was also in management so refusing would have been awkward to say the least.
Two years go by and I was taking a job at another company working for one of my previous employer's clients. In my city about 50% of companies in the industry work for this client. I didn't maintain any key relationships nor was I stealing any secrets but I got slapped with the non-complete. Lucky for me, the new employer stuck their best lawyers on it to review the merits of the case and sided with me.
It's very hard to get out of signing a non-complete, or altering it, unless you have a strong position of negotiation (read: they need you more than you need them). Imagine you've accepted a job, told your employer, and then you learn you need to sign one. Imaging you have a job and are asked to after a period of employment. Imagine you're trying to break into the industry, or got laid off, and this is your first job offer in four months.
It's not so cut and dry-- I wish our government would do more to protect Joe the Developer's rights to "live liberty and the pursuit of happiness". I also take offense that you think someone who's a EVP, or pulls six figures, could be significantly hurt monetarily but this. Do you know for a fact that Apple is paying his legal bills? It's the individual getting sued in most cases and the result could seriously devastate his professional career.
I can only assume the cueCat was dead, but that assumption probably changed the outcome.
Don't you know the cueCat has 9 lives?
This happened too in my backyard of Saint Paul during the RNC. Everyone is questioning the heavy-handed tactics.
"Ramsey County prosecutors have formally charged eight members of a prominent activist group with conspiracy to riot in furtherance of terrorism. The eight members of the RNC Welcoming Committee are believed to be the first persons ever charged under the 2002 Minnesota version of the federal PATRIOT Act. The activists face up to seven-and-a-half years in prison."
http://tinyurl.com/6lcadw
I'd say the guardian is a reliable source:
"London raids expose mafia caviar racket"
http://www.guardian.co.uk/uk/2003/nov/09/ukcrime.london
I don't agree with those suggesting that you tell your boss "this is not my job". I've seen a lot of graphic designers make their own web site so I would not be surprised if developers are sometimes capable of doing the design work themselves. But I did hear your comment that "graphic design isn't one of my strengths". I think you have two options.
1. Ask your boss for site within your category that he likes. What do they have that your site doesn't? Get some bids from some independent web designers (include your time for implementation) then take them to your boss and tell him the true cost of making the changes.
2. Your boss probably likes good design but doesn't want to pay for it. Based on what he likes try to find some free templates from some of the resources people have already mentioned (like CSS Zen Garden). Have him pick the free design that works best, "If you don't want to pay for a design look at these free ones. But keep in mind it will take me X hours to implement it." If you have some friends that are good at design then ask them for some free advice as you're implementing the templates, "Do these fonts look right? Is the logo too big?" etc etc...
Quit being so paranoid. It's there so if you lose your MP3s whoever finds them knows where to return them!
While I'm in favor of measures to curb white collar crime these requirements seems to do more harm that good by encouraging companies to take business elsewhere.
For your average audio system I would agree that you won't hear much difference between the $10 cable and the $50 one; but once you've upgraded your sources and speakers, eventually your cables to factor in. Also, most Monster cables are crap that your average audiophile would never touch. But the audiophile community is very divided on the issue of cables. Most will agree that there is some noticeable difference between cables. If you do your homework you'll find that there's a wide range of technologies being employed. For example: Silver, Copper, Palladium, Carbon. Thin wire, thick wire. Ceramic connectors, plastic connectors, plated connectors, solid connectors, gold connectors, silver connectors, copper connectors. Teflon, cotton, foam, or air insulation. Also, Magnets, no shielding, heavy shielding, even cryogenic treatments. Yes, there's a lot of snake oil out there but you need to research and listen before drawing conclusions.
This has been said before but Amazon has a recommendation engine that's light years ahead of what Netflix has. I've been an Amazon customer for longer, have bought more product from them, and so has everyone else. Even after rating 300 movies and reviewing several Netflix makes the stupidest movie recommendations while Amazon prove insightful most of the time.
Amazon has the distribution, but also the ability to cross-sell a lot more than Netflix. It's probably a lot easier for them to sell you the movie if you rent it and like it. They have better promotional opportunities, like including free rental coupons if you buy DVDs.
The one thing Amazon doesn't have going for it is customer service. Have you ever had a problem with your order? One time someone sent me a gift from my wish list, they could not select the address it was shipped to, and it got lost. It was a complete headache trying to resolve the issue and contact their customer support. Netflix, on the other hand, has amazed me with how good their service is. One time I sent my own DVD back instead of the rental, so I emailed them, and they managed to find it and mail it back to me a couple of weeks later. I also had a real, live, human who answered the email. Unless Amazon shows improvement I'll be sticking with Netflix.
I agree with you that amazon has a killer recommendation engine but Netflix has been making small improvements. A few I can name off the top of my head include:
* The new "Friends" feature where you can see what your friends are watching and make recommendations.
* Localized top 100 list; see what's popular in your town.
* Allowing other family members to login and have a rationed amount of the overall queue.
* RSS feed for your queue.
I would have to say those films (Matrix 1 & 2) successed despite Reeves bad acting. I pray that Scanner will too. Most of the films he's stared in failed to make the list of Top 100 Grossing Films. The Matrix 1 and 2 only made the list due to good screen writing and directing (IMHO), and the masterpiece Home Alone beat both of those at the box office. So whats your point?
#5. Flat Black Films hasn't produced a movie with a plot. Waking Life was collection of random encounters; the making of which was really just a collaboration in many ways.
#4. All of the movies made from PKD's novels have been either a flop, or stripped key plot elements. If you read Do Androids Dream of Electric Sheep and watched Blade Runner then you'll know what I'm talking about.
#3. The choice to use animation instead of live action means there's no reality to question. People don't question cartoons, they are merely entertained by them.
#2. When asked about Warner Independent (who co-financed A Scanner Darkly) the Dick Estate stated they were "... A new division of WB devoted to serious films with modest budgets." Why not give it the BIG BUDGET that a film like this should have? Are studios not willing to take the risk?
#1. Keanu Reeves -- need I say more?
I didn't think live action (from most directors) wouldnt do the film justice either. This is the only film I'm looking forward seeing that I can currently think of. I do wonder what Terry Gilliam would've done with a project considering that he also wanted to make the film. While the PKD movies I've watched have all been entertaining they also lack what his novels contain; ideas that lead the reader to question the very fabric of reality. Much of Blade Runner was lost in translation to the big screen and the other successful PKD films have all been from short stories. From what I saw in Walking Life gives me the confidence that they can make this movie -- hell they even had a PKD reference in that film. Unfortunately, with Keanu Reeves in the lead who knows.
I like this quote by them, "What an insult to call it a business process. To this day no one has been able to duplicate this design." -- sounds like someone has a chip on their shoulder.
Last I heard she worked for Microsoft, but who knows if she got in early enough to make a million on stock options.
By saying I work in advertising, I've researched this before and was referring to the quote which said you need permits. I'd assume it really doesn't matter if your message is commercial or not. Political parties use the same types of media as traditional advertising, and while regulation differs many similarities can be drawn. JK was using public property to display (up to 2-weeks) a printed political message, how is that "personal speech"? IMHO, I agree with JK but I'd hate to see pro-bush propaganda all over my sidewalk.
I did read the Indymedia link (now slashdotted), but it wasn't clear if they still weren't giving him a for arrest and holding him in jail. Just because cops didn't answer his question while cameras were being pointed in their faces is a stupid reason to assume no one answered his question in private. I'm sure we'll all know the full story soon, but as of now no one has anything to report after the arrest. If you have a link or something please post it. Thanks!
You can't break the law and then bitch about how the law is wrong. Its questionable if chalk advertisements are legal, companies typically pay permits for that medium. After IBM and NBC outraged people by spray painting messages around town, I think advertisers are treading lightly. If chalk advertising was clearly legal you'd probably see "eat at mcdonalds" all over your city.
... There is a chance I could be arrested. Am I criminally defacing property? I don't think so." I think he knew what he was doing was legally questionable.
Well what's the real complaint, that he was held without a reason or that he was arrested for chalking the sidewalks? Did the cops give him a reason, later on, when they weren't in front of cameras? If not, I agree that's fascist. When asked, "Do you have any fear of being arrested during the Republican Convention?" JK responded: "I think anybody planning an act of civil disobedience has to accept the risk of getting arrested
I work in advertising, so I know chalk art is questionably legal. I guess that's my point. Read for yourself:
Chalk art is one form of guerrilla marketing, an in-your-face, direct-to-the-people kind of advertising. Guerrilla marketing in public spaces can be tricky and even illegal, as Nike and Microsoft found out separately last fall when they took heat from New York City officials for slapping promotional decals on sidewalks and buildings. "I guess we haven't addressed that during any meeting I've attended," says Heather Freeman, who does public relations for Red Sage (www.redsage.com). The chalk art is just supposed to be "fun and friendly." It's unclear whether the city agrees. The District typically requires permits for any disruption of a public space, including an event or activity that might hinder foot traffic or the movement of the disabled on a sidewalk. Permit requests go to the city's Department of Transportation, and permits are issued by its Department of Consumer & Regulatory Affairs.
Personally, I think it's bullshit if they are enforcing it to different degrees, like letting pro-lifers put messages everywhere but not letting the bike guy get the word out. He obviously wasn't keeping the shit low-profile by talking to the media.
You are paying more because Mandrake needs to:
1. Secure a steady supply of hardware to meet demand.
2. Install and configure the OS on the hardware.
3. Write a manual.
4. Provide tech support for the product.
5. Market the new product.
6. Profit.
I had a user complain that my website gave them a hairy palm.
So when I talk about how "good" you'll feel after smoking is that deceptive because I didn't tell you that you can get cancer too? When I tell you how smooth the ride is in a SUV but neglect to mention all the people who are involved in rollovers burning to death -- is that deceptive? If I tell you Pepsi tastes right, but forget to mention that drinking 20 liters a day will make you diabetic, is that wrong? My point is, the facts are out there. Most advertising falls into the grey area, only talking about the product's benefits.
My history has typically been promoting brands I believe in that do more good than harm. As a consumer, I know voting with my dollar is what matters most.
When you present something in its best light (which is to advertise it) people get disappointed when they find out that no, you didn't get transported to a utopian alternative state of existence. If I sell you that the can of coke with half the carbs, you'll complain that it's half empty. Even so, people keep buying for that conditioned temporary purchasing high.
While I agree that flat-out lies have no place in advertising, you'll have to vote with your dollars about other 99% that falls into the grey area. Most people are casting the "I don't care vote", because those companies are still making money. Which bring me to my previous point:
If people are too lazy to seek and out demand the truth in ALL areas of their life there's little chance of social improvement. If I present something in its best light you can brand me "deceptive", but I can consider you "sheep" for being too lazy to research the negative angles yourself. Those are the people who go to the mall and can't resist impulse buys, purchase a new car because they liked the television ad, or told the CTO to buy Microsoft because it costs less then Linux to maintain.
Working in advertising, I find it highly amusing when someone gets their undies in a bunch over mistruths in advertising. Have you EVER found advertising to be truthful, educational, balanced, or neutral? If the answer is yes, its obvious the advertising worked. Wither you are conditioned with an implied view of reality (drinking beer gets you laid) or bludgeoned over the head with a truth-stretching-statement the result is the same. So wake up, truth will not be handed to you on a silver plater. Advertising isn't about telling the truth (or lying), its about selling.