I would much rather have the courts contain New York's avarice and not outrageously extend the business principle of the necessity of a nexus of physical location before any taxing(sales) privilege exists. It isn't the payment, it is the caprice and confusion this will create - that's the big problem. But, if you want to play that way, I'm sure my state would like to tax the sale of any stocks & bonds recommended to anyone in my state by businesses in New York to boost our state revenue.
"The focus on use tax collection has increased because the U.S. Supreme Court has placed significant hurdles in the path of state efforts to collect sales taxes on transactions in other no-tax or lower-tax jurisdictions. In National Bellas Hess, Inc. v. Department of Revenue of the State of Illinois and Quill Corp. v. North Dakota, the Court concluded that the Commerce Clause and Due Process Clause of the U.S. Constitution require that there be a nexus between the taxing state and the vendor of goods or services, in the form of a physical presence. This has been interpreted to apply to both catalog sales and out of state sales over the Internet. States are thus prohibited from collecting sales taxes on so-called remote transactions because to do so would unconstitutionally burden interstate commerce."
Amazon - thank you for standing up and being today's Ablative Surface on American Justice.
If you are no longer able to determine the bandwidth one has purchased without using it, the time has come to move to 24/7 saturation usage as per your terms of service. If you contracted for Gigabit bandwidth you will need to use Gigabit bandwidth 24/7 to guarantee terms of service and not unknowingly fall victim to the theft of service known as 'traffic shaping'. TCP/IP needs an extension that pads up any traffic to the ToS prior to moving it off your systems (BGP?). This unfortunate feature would prove ToS and mask real usage in transit. Needless to say it should be equally easy to trim from the real traffic on reaching the other endpoint, which like cookies, should be a capability reserved to your destination. It is your bandwidth after all - you are paying for it. It is time to use it - all of it, all of the time.
or the common carriers could return to carrying any and all traffic under common, untouched, conditions and leave the bandwidth usage decisions to those that have contracted for it. We understand the bait and switch game the carriers play, and in general have no problem so long as they behave as common carriers, but when you shape traffic - it ain't common no more.
This discovery is interesting if one sees genesis, as well as life, from the perspective of a process. The implications of the underlying affinity for replication are left for theologists to elaborate.
please see: A. Graham Cairns-Smith of Glasgow Genetic takeover and the mineral origins of life Cambridge University Press 1982 LoC cat # 81-17070 ISBN 0 521 23312 7 http://en.wikipedia.org/wiki/Graham_Cairns-Smith
Media is nice, just not all that important - unless you are it. Was it you that had the good day, or was it what you did that had the day?
The Principle of Final Sale should act as a firewall against this kind of touring lawsuit - justice is based in intent. Punishment should not derive from ignorance.
At stake is the principle of the final sale. A vanishing virtue of our economy, it is an explicit separation of interests and obligations among those executing a transaction. In a less complex time, a purchase was a final sale and you were free to utilize your newly acquired asset as you saw fit. This rendered tremendous values from the engine of unintended consequences. Whole industries would never have come into existence if the transactional principles we increasingly enable today had been in fashion then. The poison that is acting to hobble our economy is the increasing substitution of the license for the sale.
What you don't know makes us rich
We need to re-engineer the transactional relationship given the tremendous leverage systems can give citizens. It also begs the question of what should constitute a transaction, and are we prepared to sacrifice the freedom and sheer economic wealth attributable to a sales finality for the unproductive tangle-foot of transaction by license? This is to invite the very definition of an economic depression.
2 by 2
It should be made a principle of our economy that each license must be the obvious result of an engaged negotiation. That any transaction lacking such a genesis is by definition a final sale. Evidence of the required genesis can be found in the portfolio of licenses an organization has given out. Any number of similar licenses beyond some small number* is evidence of a lack of good faith, a lack of engaged and unique negotiations, which reveals such transactions as final sales.
The principle on which to build our future economic growth is that a license can only exist as the result of a negotiated transaction, while all others hew to the principle of the final sale. Irrespective of any words, signage, or protestations otherwise, a transaction that does not embody evidence of a preceding and unique negotiation is for all time and purpose a final sale.
A license is a negotiated object by it's very nature.
* serendipity can easily be avoided with a limit of no more than a score, and perhaps as few as a dozen undifferentiated agreements.
Generosity
This begs the question, what kind of transaction is a gift? Is a gift really a transaction? Must a gifted license exhibit an individually unique genesis or is this the proper locus for the shrink-wrap license? perhaps yes..
I am looking for a different internet to play/work on - could somebody please FORK this thing before IPv6 is implemented.
I always thought the Internet was defined by a static IP address, a full stack of ports, a neutral network of access between nodes, and unbiased domain and number registrars. Have I been lied to again?
Why isn't it consumer fraud to call AOL level service the Internet? Since all the small ISPs are being driven out of business by the FCC, may I suggest a coalition for an ethical internet?
The children are given the father's name on the off chance he might stay around for the upbringing.
More importantly there are 2 genealogies, nuclear and mitochondrial, and they are not symmetrically keyed to the sexes. There may also be behavioral genotypes. Think of names as part of a larger tracking methodology for the various genealogies we express.
Slashdot Mirror
I would much rather have the courts contain New York's avarice and not outrageously extend the business principle of the necessity of a nexus of physical location before any taxing(sales) privilege exists. It isn't the payment, it is the caprice and confusion this will create - that's the big problem. But, if you want to play that way, I'm sure my state would like to tax the sale of any stocks & bonds recommended to anyone in my state by businesses in New York to boost our state revenue.
from http://en.wikipedia.org/wiki/Tax-free_shopping >
"The focus on use tax collection has increased because the U.S. Supreme Court has placed significant hurdles in the path of state efforts to collect sales taxes on transactions in other no-tax or lower-tax jurisdictions. In National Bellas Hess, Inc. v. Department of Revenue of the State of Illinois and Quill Corp. v. North Dakota, the Court concluded that the Commerce Clause and Due Process Clause of the U.S. Constitution require that there be a nexus between the taxing state and the vendor of goods or services, in the form of a physical presence. This has been interpreted to apply to both catalog sales and out of state sales over the Internet. States are thus prohibited from collecting sales taxes on so-called remote transactions because to do so would unconstitutionally burden interstate commerce."
Amazon - thank you for standing up and being today's Ablative Surface on American Justice.
Don't get all up yourself when a drunk hits on you.
ISO spent it's reputation and is learning a costly lesson. rip.
If you are no longer able to determine the bandwidth one has purchased without using it, the time has come to move to 24/7 saturation usage as per your terms of service. If you contracted for Gigabit bandwidth you will need to use Gigabit bandwidth 24/7 to guarantee terms of service and not unknowingly fall victim to the theft of service known as 'traffic shaping'. TCP/IP needs an extension that pads up any traffic to the ToS prior to moving it off your systems (BGP?). This unfortunate feature would prove ToS and mask real usage in transit. Needless to say it should be equally easy to trim from the real traffic on reaching the other endpoint, which like cookies, should be a capability reserved to your destination. It is your bandwidth after all - you are paying for it. It is time to use it - all of it, all of the time.
or the common carriers could return to carrying any and all traffic under common, untouched, conditions and leave the bandwidth usage decisions to those that have contracted for it. We understand the bait and switch game the carriers play, and in general have no problem so long as they behave as common carriers, but when you shape traffic - it ain't common no more.
It is time for congress to revoke the exemption these corporations get from our monopoly laws.
This discovery is interesting if one sees genesis, as well as life, from the perspective of a process. The implications of the underlying affinity for replication are left for theologists to elaborate.
please see:
A. Graham Cairns-Smith of Glasgow
Genetic takeover and the mineral origins of life
Cambridge University Press 1982
LoC cat # 81-17070
ISBN 0 521 23312 7
http://en.wikipedia.org/wiki/Graham_Cairns-Smith
Media is nice, just not all that important - unless you are it.
Was it you that had the good day, or was it what you did that had the day?
The Principle of Final Sale should act as a firewall against this kind of touring lawsuit - justice is based in intent. Punishment should not derive from ignorance.
You were sold access to all of the Internet right? If it isn't all there, you were sold a lemon. File!
Whoever spoke to your ISP has committed an actionable offence - and they both owe you for making your reputation on slashdot.
e
IANAL and therefore do not deserve to be shot, but here is the wikipedia entry.
http://en.wikipedia.org/wiki/Tortious_interferenc
Air Conditioning = Open WAP = Probable Cause = Public Property and so it goes...
didn't we just defeat that Evil Empire, damn.
Isn't it time to get rid of those extra DVDs?
I'm just sayin' it is our system...
Alienated consumers don't read
At stake is the principle of the final sale. A vanishing virtue of our economy, it is an explicit separation of interests and obligations among those executing a transaction. In a less complex time, a purchase was a final sale and you were free to utilize your newly acquired asset as you saw fit. This rendered tremendous values from the engine of unintended consequences. Whole industries would never have come into existence if the transactional principles we increasingly enable today had been in fashion then. The poison that is acting to hobble our economy is the increasing substitution of the license for the sale.
What you don't know makes us rich
We need to re-engineer the transactional relationship given the tremendous leverage systems can give citizens. It also begs the question of what should constitute a transaction, and are we prepared to sacrifice the freedom and sheer economic wealth attributable to a sales finality for the unproductive tangle-foot of transaction by license? This is to invite the very definition of an economic depression.
2 by 2
It should be made a principle of our economy that each license must be the obvious result of an engaged negotiation. That any transaction lacking such a genesis is by definition a final sale. Evidence of the required genesis can be found in the portfolio of licenses an organization has given out. Any number of similar licenses beyond some small number* is evidence of a lack of good faith, a lack of engaged and unique negotiations, which reveals such transactions as final sales.
The principle on which to build our future economic growth is that a license can only
exist as the result of a negotiated transaction, while all others hew to the principle
of the final sale. Irrespective of any words, signage, or protestations otherwise,
a transaction that does not embody evidence of a preceding and unique negotiation
is for all time and purpose a final sale.
A license is a negotiated object by it's very nature.
* serendipity can easily be avoided with a limit of no more than a score, and perhaps as few as a dozen undifferentiated agreements.
Generosity
This begs the question, what kind of transaction is a gift? Is a gift really a transaction? Must a gifted license exhibit an individually unique genesis or is this the proper locus for the shrink-wrap license? perhaps yes..
as seen elsewhere
Give out a trap email, one that only a bot would find, and blacklist those that use it.
I like to team this up with a tarpit like the spamd daemon on OpenBSD - get even, make sending spam take a very long time.
See The Systems Approach and Its Enemies by C. West Churchman, Basic Books 1970, if you can find it.
There are breeds of human thought.
Are you people nuts?
I am looking for a different internet to play/work on - could somebody please FORK this thing before IPv6 is implemented.
I always thought the Internet was defined by a static IP address, a full stack of ports, a neutral network of access between nodes, and unbiased domain and number registrars. Have I been lied to again?
Why isn't it consumer fraud to call AOL level service the Internet? Since all the small ISPs are being driven out of business by the FCC, may I suggest a coalition for an ethical internet?
not happy, very not happy.
Never worked with it, but interested in hear of any expericnes.
http://freshmeat.net/projects/handyrestaurant/
The children are given the father's name on the off chance he might stay around for the upbringing.
More importantly there are 2 genealogies, nuclear and mitochondrial, and they are not symmetrically keyed to the sexes. There may also be behavioral genotypes. Think of names as part of a larger tracking methodology for the various genealogies we express.
IP is properly "Intangibles with Privileges"