The rationale that people making more should pay a higher tax rate. They use your worldwide income to determine how much you make and, therefore, what your tax rate should be.
Again, what rationale does NY have for taxing me on money I make in another state? Where do they even get off demanding that I report that income, supposing that I live in NJ? NJ should be the only state that needs to know about that.
I would assume that if he took any action regarding the case it would show his intent to be involved in the case and would give the law firm grounds to demand payment from him.
What if he told the judge he wasn't associated with the lawyers or the case?
Unfortunately, most courts that have had these cases, though not all, have been siding with enforcing EULAs. Courts aren't obligated to follow this case, and most of them don't, finding the ProCD line of cases (which are binding on some courts) to be correct.
Except that, when it comes to enforcing restrictions on resale (see the section on software), the SCOTUS has sided against the publisher assuming that sale is acceptance.
You should probably carefully read through the Wikipedia article you linked to. It does point out that there is a split in the courts on this matter.
Yes. It also doesn't mention any SCOTUS ruling specifically covering the validity of EULAs.
I refuse to contribute to the strategy of e.g. EB/Gamestop/Blockbuster, where they buy something used and then turn around and sell it for much more. If I *have* to buy something used, it's always from an individual.
Um, this is the basic strategy of any secondhand shop. It isn't immoral, it's just a business.
One wonders if Sony could actually get in trouble over trying to press minors into contracts that they do not have legal authority to enter into... Or will every game come with a quiz to prove you're over 18, like an old leisure suit larry game?
Minors can enter into a contract, but they can then break it without penalty, so Sony would be stupid to try.
To date, first sale has not precluded the possibility that the copyright holder would create a contract with buyers that limited subsequent sales.
However, SCOTUS has ruled that when a product is sold as a product, then it doesn't have a license attached, so copyright law and the first sale doctrine apply, more or less.
Do not purchase second hand products (I prefer the artist, producers and manufacturers to be paid for my purchases)
Um, why? It isn't like secondhand goods are black market - Sony already got paid the first time, and trading used goods is a good way to save money. Why are you so intent in giving Sony your money?
Your tax rate, however, is determined by your worldwide income, not just your New York income.
Based on what rationale? If I make 100k investing in some tourist destination in Thailand, NYC has no claim on that and should not use it as a basis for taxing me. The feds may have a case for that, as I live in the US fulltime and am presumably protected along with my stacks of cash.
Someone who earns $80k in NJ and $20k in NY, should pay NY taxes on his $20k income at the same rate as a New Yorker who makes $100k or you've just created a gigantic loophole in the progressive tax system.
So what? We've got gigantic loopholes for the upper class, why not have one or two for the middle class? You can always base deductions on total income - no EITC or whatever for someone making 100k, but what is lost if a few people are only taxed at the 20k rate for their NYC income? They can make that shortfall up by cutting back on the ridiculous subsidies they pay business to stay in Manhattan.
If you buy into the idea that people who earn more should pay a higher rate than those who earn less, the ONLY way to make that happen is to tax you based upon your total income, regardless of which state it is earned in.
You haven't answered the question: what claim does New York have on income derived from outside its borders?
When people make these sort of suggestions about real, non-trivial production environments, they usually get laughed out of the room (and shortly thereafter, the job).
When it's justified, you can actually change databases or move from a traditional N tier model to something a bit more scalable. Just don't try it because you've screwed up your indexes or something.
As you can see, taxing you based on your total income is the only way to ensure that you're paying the same amount in tax as someone who earns the same amount in one state.
You're missing the point. Income wholly in one state shouldn't affect the other state's tax revenue. NYC has no claim on income in NJ just because I also work in NYC some of the time.
If you split your $100k paycheck between 2 states with identical tax rates, you shouldn't end up paying any less or more than someone who earned the entire income in one of those 2 state. Other states tax laws work the same way too - this isn't just NY.
On the other hand, if I increase my NJ income to $60k, that shouldn't affect my NY tax burden.
Its hard to argue that a telecommuter who works from her home on 5th Avenue in NYC is using any more or less city/state/federal services for her work than one who works across the water in Hoboken.
It's pretty eaasy, actually - the telecommuter is using network resources, which are private, and server resources, which are in real estate taxed by the city. They aren't using the roads, trains, or utilities.
And later get called in for a meeting with HR and be told, "your negative attitude just isn't a good fit with the culture here at Consolidated Companies and we have decided to let you
Well no, you don't. My work has its problems, but it isn't that bad.
But in such environments everyone blows smoke up the CEO's ass and I think they get a high off it.
My CEO founded the company out of his garage, so he's a bit more down to earth. Also, we're big enough that, if he showed up in your cube, it's probably important. Gotta love a guy who isn't afraid of hard, even hostile questions.
The turnover comes when some poor helpdesk drone doesn't realize that they're speaking to the Vice President Of Things That Begin With H On Alternate Tuesdays, reminds them that what they're doing is against the AUP, and subsequently get fired.
It must suck working in a screwed up place like that. Where I am, we can ask the CEO the hard questions and actually get an answer. If I were in such a scrweed up place, I'd probably take to blocking the online poker sites at the router, then plead ignorance when their poker client stops working. They're VPs, they can afford a personal laptop and GPRS modem if they want poker at noon.
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The rationale that people making more should pay a higher tax rate. They use your worldwide income to determine how much you make and, therefore, what your tax rate should be.
Again, what rationale does NY have for taxing me on money I make in another state? Where do they even get off demanding that I report that income, supposing that I live in NJ? NJ should be the only state that needs to know about that.
Do you have a cite for this? Remember, that last case you cited was not the Supreme Court, it was the District of Utah.
Yeah, go read the cited cases in wikipedia.
I would assume that if he took any action regarding the case it would show his intent to be involved in the case and would give the law firm grounds to demand payment from him.
What if he told the judge he wasn't associated with the lawyers or the case?
Shakespeare did once posit a good lawyer solution.
No he didn't. He had some drunken idiot fantasize about killing lawyers.
Unfortunately, most courts that have had these cases, though not all, have been siding with enforcing EULAs. Courts aren't obligated to follow this case, and most of them don't, finding the ProCD line of cases (which are binding on some courts) to be correct.
Except that, when it comes to enforcing restrictions on resale (see the section on software), the SCOTUS has sided against the publisher assuming that sale is acceptance.
You should probably carefully read through the Wikipedia article you linked to. It does point out that there is a split in the courts on this matter.
Yes. It also doesn't mention any SCOTUS ruling specifically covering the validity of EULAs.
I refuse to contribute to the strategy of e.g. EB/Gamestop/Blockbuster, where they buy something used and then turn around and sell it for much more. If I *have* to buy something used, it's always from an individual.
Um, this is the basic strategy of any secondhand shop. It isn't immoral, it's just a business.
Here's the wikipedia article, and here's the case I recall as supporting my position.
One wonders if Sony could actually get in trouble over trying to press minors into contracts that they do not have legal authority to enter into... Or will every game come with a quiz to prove you're over 18, like an old leisure suit larry game?
Minors can enter into a contract, but they can then break it without penalty, so Sony would be stupid to try.
To date, first sale has not precluded the possibility that the copyright holder would create a contract with buyers that limited subsequent sales.
However, SCOTUS has ruled that when a product is sold as a product, then it doesn't have a license attached, so copyright law and the first sale doctrine apply, more or less.
Do not purchase second hand products (I prefer the artist, producers and manufacturers to be paid for my purchases)
Um, why? It isn't like secondhand goods are black market - Sony already got paid the first time, and trading used goods is a good way to save money. Why are you so intent in giving Sony your money?
However, Sony will still these overpriced piece of hardware like hotcakes.
They better hope so, because they aren't the darlings they once were in their home market.
Your tax rate, however, is determined by your worldwide income, not just your New York income.
Based on what rationale? If I make 100k investing in some tourist destination in Thailand, NYC has no claim on that and should not use it as a basis for taxing me. The feds may have a case for that, as I live in the US fulltime and am presumably protected along with my stacks of cash.
Someone who earns $80k in NJ and $20k in NY, should pay NY taxes on his $20k income at the same rate as a New Yorker who makes $100k or you've just created a gigantic loophole in the progressive tax system.
So what? We've got gigantic loopholes for the upper class, why not have one or two for the middle class? You can always base deductions on total income - no EITC or whatever for someone making 100k, but what is lost if a few people are only taxed at the 20k rate for their NYC income? They can make that shortfall up by cutting back on the ridiculous subsidies they pay business to stay in Manhattan.
If you buy into the idea that people who earn more should pay a higher rate than those who earn less, the ONLY way to make that happen is to tax you based upon your total income, regardless of which state it is earned in.
You haven't answered the question: what claim does New York have on income derived from outside its borders?
When people make these sort of suggestions about real, non-trivial production environments, they usually get laughed out of the room (and shortly thereafter, the job).
When it's justified, you can actually change databases or move from a traditional N tier model to something a bit more scalable. Just don't try it because you've screwed up your indexes or something.
I was thinking ``skateboards as mass transit"
Well, substitute bicycles and you've got Beijing.
As you can see, taxing you based on your total income is the only way to ensure that you're paying the same amount in tax as someone who earns the same amount in one state.
You're missing the point. Income wholly in one state shouldn't affect the other state's tax revenue. NYC has no claim on income in NJ just because I also work in NYC some of the time.
If you split your $100k paycheck between 2 states with identical tax rates, you shouldn't end up paying any less or more than someone who earned the entire income in one of those 2 state. Other states tax laws work the same way too - this isn't just NY.
On the other hand, if I increase my NJ income to $60k, that shouldn't affect my NY tax burden.
Its hard to argue that a telecommuter who works from her home on 5th Avenue in NYC is using any more or less city/state/federal services for her work than one who works across the water in Hoboken.
It's pretty eaasy, actually - the telecommuter is using network resources, which are private, and server resources, which are in real estate taxed by the city. They aren't using the roads, trains, or utilities.
How should NYC pay for the costs of legislating, policing, and judging the protections of the workers while they're telecommunting to NYC businesses?
Ever been mugged on your vpn?
And later get called in for a meeting with HR and be told, "your negative attitude just isn't a good fit with the culture here at Consolidated Companies and we have decided to let you
Well no, you don't. My work has its problems, but it isn't that bad.
When you first start up a new laptop/PC it asks you what you want to rename the Administrator account to.
Um, that's retarded. Just create a new account in the admin group.
You really want regular users to be able to effect system-wide changes?
Yeah, it's called asking for credentials. OSX does this and it works great.
But in such environments everyone blows smoke up the CEO's ass and I think they get a high off it.
My CEO founded the company out of his garage, so he's a bit more down to earth. Also, we're big enough that, if he showed up in your cube, it's probably important. Gotta love a guy who isn't afraid of hard, even hostile questions.
The turnover comes when some poor helpdesk drone doesn't realize that they're speaking to the Vice President Of Things That Begin With H On Alternate Tuesdays, reminds them that what they're doing is against the AUP, and subsequently get fired.
It must suck working in a screwed up place like that. Where I am, we can ask the CEO the hard questions and actually get an answer. If I were in such a scrweed up place, I'd probably take to blocking the online poker sites at the router, then plead ignorance when their poker client stops working. They're VPs, they can afford a personal laptop and GPRS modem if they want poker at noon.
You don't need admin rights to install Firefox, etc. on Windows.
In that respect, they're better than a lot of MS products. One thing I wonder is how they're going to run debuggers without admin privs.