There is already taxes collected on *anything* that ships.
Unless it is a download only item (software for example) taxes or other fees are paid on *at least* all of the following:
- Sales and excise tax on fuel for the truck moving the product
- IFTA fees
- Apportioned vehicle resigistration fees
- Property taxes paid by warehouse facilities of shipping company
- Income taxes paid by shipping company
This is what came to mind off the top of my head. These are specifically taxes associated with *shipping* the product. You're now paying on top of that as well if they enact interstate sales taxes. I realize that any product purchased in a retail location paid many of these same taxes (via shipping costs) as well, but the point still stands - folks are already paying on this.
Plus the single most important part of all this - everyone who lives in a sales tax state pays Use Taxes (FL), right?:)
Excellent questions - but no. Skates or skateboard isn't really a vehicle (I guess 'cause it doesn't have brakes? Even with a horse you can pull back on the reigns - a brake of sorts).
There is a statute regarding walking on the highway intoxicated (I don't remember the exact verbage, it's been 4 years since I worked there). The conecpt behind all of these are intended for the safety of general public and or the operator, well at least that's the thought, anyhow.:)
As to the drunk skateboarding / inline skates? Are you a traffic hazard? Are you a danger to yourself or others? If so, I might just arrest for public intoxication. Not a DUI but an arrestable offense nonetheless.
FWIW - I was not so much of a hardass about a lot of this stuff. If someone had a stupid attack and I could find an alternative solution besides the worst offense I could charge them with, I would. I remember one night I had a guy pass by me (I was sitting, with park lights on, even thought they were not necessary in a private lot) in a church parking lot in plain view on Main St. a few blocks down from one of the bars. The bar in question often had troubles (fights, assault, indecent exposure, etc) in the alley behind it so during closing time it was ususally a good thing to be somewhere near. Anyway - the guy passes by me in a 35 mph zone accelerating like he it trying to take flight. I pulled out when he hit 70 in a 35. I get him stopped and he has been drinking. I can't (nor would I) say that he was drunk, just that is was obvious that he was drinking. The passenger had not been drinking. Anyway - he was also under suspension. I wrote him for the speed, issued a summons to appear to the DUS and had the passenger (who had a valid license) drive the rest of the 20 miles back home. He had driven less than 2 miles and stopped immediately. He had a momentary lapse in judgement. I am not saying to *not* prosecute DUI, I am just saying that sometimes the totality of the circumstances needs to be taken into account. In this case, I accomplished the need to show enforcement (a traffic citation and a criminal summons) without taking myself away from protecting the other citizens of the town for 3 hours dealing with the process of the DUI. I know this will start a storm of controversy about DUI Enforcement. Let it me known, I arrested my fair share of folks for DUI. They key is time, place, and situation.
So many times we don't use balance and good judgement when creating and enforcing laws. The question posed is "What would a reasonable person do in this situation?
Under Ohio Revised Code [statutes] - you can get a DUI on any means of transportation you have control over - lawnmower, horse, bicycle, etc. I used to work in a small town in Ohio as a cop (which is how I know). I actually was told a story by the arresting officer (from a neighboring jurisdiction) about the time he popped a guy 3 times in one night, first in his car, second on his riding lawnmower, finally on his bicycle. He was motivated to get back to the bar!:) For what its worth, all three were plead down to one DUI (just thought I'd stop that train before it left the station) even though they were three separate offenses.
Oh and the Golf Cart thing? Technically it is still DUI - but generally you're on private property (I guess unless it's a city or county owned course) and the DUI statutes treat that a little differently. Unless it was a crash with injury, you're *probably* ok.:)
I'll be honest, I didn't read the whole thing, I skimmed. I lost interest after the monopoly bit. I am not here to say they're perfect, I am just saying they're in business to succeed and thus far they've done a good job at it.
I think you did say something correct - but let me add if the market dictates ". ..it will stop of its own accord, in flames and ashes." Just that - let the market decide.
I don't know everything, but I have been doing this (IT consulting, networking etc.) over 15 years. I started out in the Novell world, and at the time they dominated the server market. Someone else came along with a better looking widget (note I didn't necessarily say better - just better looking). Novell didn't react and lost market share. The same can (and probably will) hold true for Microsoft. If Novell would have come up with a workstation OS to combine with their server OS, they probably would be Microsoft and we'd be complaining about them.
I see a lot of OSS and GPL. I *love* OSS, and I love GPL. Please don't get me wrong, but understand - some folks want to make *money* with what they've created (iPhone anyone?). Please don't beat them up because they can market and people buy their product.
I *love* linux, it is a **GREAT** OS. I really do, just sometimes folks get so blinded by their M$ hate that they cannot see past it. MS has done some good things for computing. They are a goliath, I agree, but they have been successful.
Too many more Vista's and they will have that 'in flames and ashes' bit you talked about.
This is going to sound anti-Linux and 100% Microsoft. It is not meant to be - just get tired of folks bashing a company who has done well and profited. I am not anti-Linux. In fact, we run Linux and Unix boxes along with MS and Novell boxes here at the office, and I have both Linux and MS at home and they both serve their purposes very well.
If Microsoft were showing the slightest interest in restoring balance to the marketplace,
Microsoft - hate them or like them, is a business. That's what Business do - they are not interested in 'restoring the balance' or giving their earnings away to other competitors who have not done as well...
If Microsoft were showing the slightest real interest in undoing the damage their software has done to the internet,
What damage? Without MS products, most of the average users wouldn't know *how* to use the Internet. Not everyone is technically astute like the folks here on/.
If Microsoft were showing the slightest indication of getting away from the sieve security models they've been using to enable bad software to keep running in spite of the damage it has already done (and will continue do) to the internet,
Because all the software developed OSS and all the software on Linux and Macs is rock solid? I just spent 20 minutes applying patches to my Linux router (IPCop) this morning, which patched their software, core kernel stuff, core TCP/IP services. That's because the software was written by imperfect humans, there are going to be mistakes that someone can exploit.
If the money they have hadn't been taken by fraudulently selling feature lists instead of real features,...
I don't follow? Something specific you're referencing?
The problem is Microsoft. Where they are a burden to the infrastructure, they should foot the bill for fixing the problems they've caused.
Or none of it and the city / county / state (whoever is responsible for transportation costs in that state, it varies state to state) could just figure out how they're going to deal with the traffic troubles without any help.
I saw an earlier response to someone's "just tax them more to pay for it" that read something to the effect of "that's killing the goose that lays the golden eggs." I don't know what other industry is in Redmond outside of Microsoft. I am not saying there isn't any, I am just saying I don't know. Perhaps MS could move away from there, build somewhere else that has better infrastructure and it be no worries for the city of Redmond but I suspect that they derive a good portion of their tax revenue from both the company and from the employees that live / work / eat / spend in that city.
I know I will probably be modded down for being perceived as pro MS but I am really just trying to be pro-capitalism. Like them or hate them, they have done a lot for the PC market and probably the computer market as a whole. I won't for a second say they're perfect and probably not my favorite group of folks. All I am saying is - don't hate them because they have a successful business model.
Based on that theory, the current US President shouldn't be in office or for that matter, any of the folks that got elected and spent any money on campaigning.
I was aware that Cobert wanted to get the module named after him, yet it was my *opinion* to not do what he was suggesting.
I seem to remember from my academy days discussion about this. In addition to the prosecutor having some protections against getting sued, as a LEO, I had some as well. The key was the plaintiff had to prove an intent, by the defendant (in this case the prosecutor), to violate the plaintiff's civil rights or to attempt to bring charges maliciously.
If I remember right the culpability had to be 'knowngingly.' Negligently, i.e. prosecution in what a reasonable person would consider 'good faith' wouldn't count. There may be a strong case to be made that he is doing a 'good faith' prosecution since clearly the majority of the defendants took a plea. On the other hand, the case could probably be made that the other defendants just got railroaded.
So, FWIW, you have to be able to determine the prosecutor's intent (what is going on in his mind) - kinda' sounds a little like what other issues we're discussing? The intent of the photo?
I just wish they had a feature that would keep me from being very redundant. . . .:)
That's what I get for opening a slashdot discussion in a new tab hours ago and reading it now (thinking no one else had read/replied to it in the meantime!).
Yeah - that sounds about right - I think it was 8 or 9 years ago that I had an old Motorola Nextel phone that would tether on the iDen network. It was like a bad dialup connection but it was super cool to be able to be on the Internet on my laptop going down the road (I wasn't driving!). Granted, this is old hat now, but 9 or 10 years ago it was still a little bit special.
If there was WiFi available, why would I even think of tethering? I am pretty sure I'd just use my wireless network card in my laptop (you know, that thing you're tethering) and connect directly to the WiFi hotspot. Of course, that's just me.
I remember a few times I left my ThinkPad in the car overnight when I still lived in SE Michigan. At about 0 degrees the screen tend to blur when moving the pointer around but it worked fine and cleared up in a few minutes. My only concern with the whole thing was bringing it into a warm environment tended to cause it to sweat. I often thought that would cause long term problems with the stuff inside but it never did.
Granted -20 is a whole lot colder than 0. I've been in both.
I agree. We have images created and I can boot from the NIC, pull it down from the imaging server and have the user back in business in about 30-45 minutes. I can spend that much time running just one of these spyware tools. Unfortunately, it's made me not so good at removing them.
In a former life and a former job, I was a consultant. Having two machines in the building that were the exact same model was unlikely, at best. Re-imaging really was reloading.
I agree - someone was getting taken - or the merchant (read business owner) had sh*t for credit and had to go to whatever merchant bank would take them. I don't think Paypal charges that much for their 'Merchant account' type system (which is pretty high). . . Typically, with most Merchant banks, those charges a lot less.
I'll second that. I have had a Palm Treo for some time and I absolutely love it. It's been a fantastic touch screen phone for me. I am a little disappointed the OS is not going to be moving forward, I was kind of looking forward to getting something with more current day compatibilities without changing platforms. . . Now I have to decide which platform I like best (outside of the iPhone - I am not getting locked into a single carrier).
I've gotten tons of NetFlix popups via FireFox, granted, FF is smart enough to not drop the over what I am doing but when I close FF I often have an extra window behind my main FF window with a NetFlix ad happily waiting for me to close it.
Funny thing is - I used to be the IT guy at a Credit Union and I was up on loans, one of the loan officers showed me some lady's APPROVED loan request - her credit report actually showed she was dead!:)
Oddly enough, I read quite well. The fact that more than one person misunderstood your statement doesn't indicate we cannot read, more perhaps the statements you made were not clearly written. Upon your further explanation - I see where you're going with that. It would seem, you probably didn't read my reply fully. I *completely* agree that the IP issue is civil - but the actual taking of the binder and papers *is* criminal, pure and simple. Yes, yes, the taking of the IP is a whole other civil issue.
From your original post:
Theft IS A CIVIL OFFENSE. You will please note that I said both Civil penalties AND maybe a little jail time.
Perhaps a more clearly written statement initially would have led me in the correct direction to begin with, and we wouldn't be here. Your additional explanation makes the above quoted statement more clear.
No one's arguing to the death there, last time I checked, this is/. and we, oddly enough debate. Some of us more clearly than others.
If someone knows his actions will cause harm but follows through with them anyway, he is committing a tort of intentional wrong. Intentional wrongs are punishable by jail time (if criminal charges are applicable and pressed) or by an order to financially compensate a victim for damages (if a civil lawsuit is filed). In some cases, both criminal and civil charges will be filed. For example, former football star O.J. Simpson faced criminal charges for allegedly murdering his wife, Nicole Brown Simpson and her companion, but he was found not guilty. However, he lost a civil lawsuit and was ordered to pay millions to the victims' families in punitive damages.
If you have experienced a tort of negligence and would like to file a civil personal injury lawsuit, it would be in your best interest to find a personal injury lawyer in your area who can help you build your case.
If I *sue* a person in civil court, I can **only** get monetary damages. There will be no jail time assigned.
Notwithstanding - you *could* face incarceration for a civil offense in the case where the government charged you (back to the 'theft of IP again'). A lawsuit (civil action) initiated by an individual doesn't, usually, result in incarceration. In fact, I can't think if an instance of that occurring.
The taking of the papers and binder out of the backpack is criminal. Pure and simple.
I'll give you the bit about IP being civil - but when you mentioned incarceration - that is inherently criminal. I can't think of an instance where an individual (or a company) sued another and they went to jail as a part of the penalty. They may have been incarcerated for an underlying criminal issue (fail to pay the monetary damages resulting in a contempt of court, for example) but criminals go to jail - civil torts result in a monetary damage.
As I understood the OP - the teacher reached into his backpack and *took his notes*. We're not talking about IP, we're talking about taking a physical item.
Not sure where the OP is, but the last time I checked. . . The State of FL calls that the criminal offense of theft.
Slashdot Mirror
There is already taxes collected on *anything* that ships.
:)
Unless it is a download only item (software for example) taxes or other fees are paid on *at least* all of the following:
- Sales and excise tax on fuel for the truck moving the product
- IFTA fees
- Apportioned vehicle resigistration fees
- Property taxes paid by warehouse facilities of shipping company
- Income taxes paid by shipping company
This is what came to mind off the top of my head. These are specifically taxes associated with *shipping* the product. You're now paying on top of that as well if they enact interstate sales taxes. I realize that any product purchased in a retail location paid many of these same taxes (via shipping costs) as well, but the point still stands - folks are already paying on this.
Plus the single most important part of all this - everyone who lives in a sales tax state pays Use Taxes (FL), right?
Excellent questions - but no. Skates or skateboard isn't really a vehicle (I guess 'cause it doesn't have brakes? Even with a horse you can pull back on the reigns - a brake of sorts).
:)
There is a statute regarding walking on the highway intoxicated (I don't remember the exact verbage, it's been 4 years since I worked there). The conecpt behind all of these are intended for the safety of general public and or the operator, well at least that's the thought, anyhow.
As to the drunk skateboarding / inline skates? Are you a traffic hazard? Are you a danger to yourself or others? If so, I might just arrest for public intoxication. Not a DUI but an arrestable offense nonetheless.
FWIW - I was not so much of a hardass about a lot of this stuff. If someone had a stupid attack and I could find an alternative solution besides the worst offense I could charge them with, I would. I remember one night I had a guy pass by me (I was sitting, with park lights on, even thought they were not necessary in a private lot) in a church parking lot in plain view on Main St. a few blocks down from one of the bars. The bar in question often had troubles (fights, assault, indecent exposure, etc) in the alley behind it so during closing time it was ususally a good thing to be somewhere near. Anyway - the guy passes by me in a 35 mph zone accelerating like he it trying to take flight. I pulled out when he hit 70 in a 35. I get him stopped and he has been drinking. I can't (nor would I) say that he was drunk, just that is was obvious that he was drinking. The passenger had not been drinking. Anyway - he was also under suspension. I wrote him for the speed, issued a summons to appear to the DUS and had the passenger (who had a valid license) drive the rest of the 20 miles back home. He had driven less than 2 miles and stopped immediately. He had a momentary lapse in judgement. I am not saying to *not* prosecute DUI, I am just saying that sometimes the totality of the circumstances needs to be taken into account. In this case, I accomplished the need to show enforcement (a traffic citation and a criminal summons) without taking myself away from protecting the other citizens of the town for 3 hours dealing with the process of the DUI. I know this will start a storm of controversy about DUI Enforcement. Let it me known, I arrested my fair share of folks for DUI. They key is time, place, and situation.
So many times we don't use balance and good judgement when creating and enforcing laws. The question posed is "What would a reasonable person do in this situation?
Under Ohio Revised Code [statutes] - you can get a DUI on any means of transportation you have control over - lawnmower, horse, bicycle, etc. I used to work in a small town in Ohio as a cop (which is how I know). I actually was told a story by the arresting officer (from a neighboring jurisdiction) about the time he popped a guy 3 times in one night, first in his car, second on his riding lawnmower, finally on his bicycle. He was motivated to get back to the bar! :) For what its worth, all three were plead down to one DUI (just thought I'd stop that train before it left the station) even though they were three separate offenses.
:)
Oh and the Golf Cart thing? Technically it is still DUI - but generally you're on private property (I guess unless it's a city or county owned course) and the DUI statutes treat that a little differently. Unless it was a crash with injury, you're *probably* ok.
I'll be honest, I didn't read the whole thing, I skimmed. I lost interest after the monopoly bit. I am not here to say they're perfect, I am just saying they're in business to succeed and thus far they've done a good job at it.
.it will stop of its own accord, in flames and ashes." Just that - let the market decide.
I think you did say something correct - but let me add if the market dictates ". .
I don't know everything, but I have been doing this (IT consulting, networking etc.) over 15 years. I started out in the Novell world, and at the time they dominated the server market. Someone else came along with a better looking widget (note I didn't necessarily say better - just better looking). Novell didn't react and lost market share. The same can (and probably will) hold true for Microsoft. If Novell would have come up with a workstation OS to combine with their server OS, they probably would be Microsoft and we'd be complaining about them.
I see a lot of OSS and GPL. I *love* OSS, and I love GPL. Please don't get me wrong, but understand - some folks want to make *money* with what they've created (iPhone anyone?). Please don't beat them up because they can market and people buy their product.
I *love* linux, it is a **GREAT** OS. I really do, just sometimes folks get so blinded by their M$ hate that they cannot see past it. MS has done some good things for computing. They are a goliath, I agree, but they have been successful.
Too many more Vista's and they will have that 'in flames and ashes' bit you talked about.
Microsoft - hate them or like them, is a business. That's what Business do - they are not interested in 'restoring the balance' or giving their earnings away to other competitors who have not done as well...
What damage? Without MS products, most of the average users wouldn't know *how* to use the Internet. Not everyone is technically astute like the folks here on /.
Because all the software developed OSS and all the software on Linux and Macs is rock solid? I just spent 20 minutes applying patches to my Linux router (IPCop) this morning, which patched their software, core kernel stuff, core TCP/IP services. That's because the software was written by imperfect humans, there are going to be mistakes that someone can exploit.
I don't follow? Something specific you're referencing?
Or none of it and the city / county / state (whoever is responsible for transportation costs in that state, it varies state to state) could just figure out how they're going to deal with the traffic troubles without any help.
I saw an earlier response to someone's "just tax them more to pay for it" that read something to the effect of "that's killing the goose that lays the golden eggs." I don't know what other industry is in Redmond outside of Microsoft. I am not saying there isn't any, I am just saying I don't know. Perhaps MS could move away from there, build somewhere else that has better infrastructure and it be no worries for the city of Redmond but I suspect that they derive a good portion of their tax revenue from both the company and from the employees that live / work / eat / spend in that city.
I know I will probably be modded down for being perceived as pro MS but I am really just trying to be pro-capitalism. Like them or hate them, they have done a lot for the PC market and probably the computer market as a whole. I won't for a second say they're perfect and probably not my favorite group of folks. All I am saying is - don't hate them because they have a successful business model.
The Bar Stool Story.
Based on that theory, the current US President shouldn't be in office or for that matter, any of the folks that got elected and spent any money on campaigning.
:)
I was aware that Cobert wanted to get the module named after him, yet it was my *opinion* to not do what he was suggesting.
Besides, I wrote in CmdrTaco.
IANAL (but have a Law Enforcement background).
I seem to remember from my academy days discussion about this. In addition to the prosecutor having some protections against getting sued, as a LEO, I had some as well. The key was the plaintiff had to prove an intent, by the defendant (in this case the prosecutor), to violate the plaintiff's civil rights or to attempt to bring charges maliciously.
If I remember right the culpability had to be 'knowngingly.' Negligently, i.e. prosecution in what a reasonable person would consider 'good faith' wouldn't count. There may be a strong case to be made that he is doing a 'good faith' prosecution since clearly the majority of the defendants took a plea. On the other hand, the case could probably be made that the other defendants just got railroaded.
So, FWIW, you have to be able to determine the prosecutor's intent (what is going on in his mind) - kinda' sounds a little like what other issues we're discussing? The intent of the photo?
Oh man, I loved her - very, very cute and could build / fix things too. What more could a man want? A Hot Mechanic / Handywoman? :)
I just wish they had a feature that would keep me from being very redundant. . . . :)
That's what I get for opening a slashdot discussion in a new tab hours ago and reading it now (thinking no one else had read/replied to it in the meantime!).
**Hangs head in slashdot shame. . . .
They kinda' do. Well, its not quite a 12 hour delay, but it does make an attempt to make sure you know what you're doing:
Google Drunk Goggles
Yeah - that sounds about right - I think it was 8 or 9 years ago that I had an old Motorola Nextel phone that would tether on the iDen network. It was like a bad dialup connection but it was super cool to be able to be on the Internet on my laptop going down the road (I wasn't driving!). Granted, this is old hat now, but 9 or 10 years ago it was still a little bit special.
If there was WiFi available, why would I even think of tethering? I am pretty sure I'd just use my wireless network card in my laptop (you know, that thing you're tethering) and connect directly to the WiFi hotspot. Of course, that's just me.
FWIW
I remember a few times I left my ThinkPad in the car overnight when I still lived in SE Michigan. At about 0 degrees the screen tend to blur when moving the pointer around but it worked fine and cleared up in a few minutes. My only concern with the whole thing was bringing it into a warm environment tended to cause it to sweat. I often thought that would cause long term problems with the stuff inside but it never did.
Granted -20 is a whole lot colder than 0. I've been in both.
I agree. We have images created and I can boot from the NIC, pull it down from the imaging server and have the user back in business in about 30-45 minutes. I can spend that much time running just one of these spyware tools. Unfortunately, it's made me not so good at removing them.
In a former life and a former job, I was a consultant. Having two machines in the building that were the exact same model was unlikely, at best. Re-imaging really was reloading.
I agree - someone was getting taken - or the merchant (read business owner) had sh*t for credit and had to go to whatever merchant bank would take them. I don't think Paypal charges that much for their 'Merchant account' type system (which is pretty high). . . Typically, with most Merchant banks, those charges a lot less.
I'll second that. I have had a Palm Treo for some time and I absolutely love it. It's been a fantastic touch screen phone for me. I am a little disappointed the OS is not going to be moving forward, I was kind of looking forward to getting something with more current day compatibilities without changing platforms. . . Now I have to decide which platform I like best (outside of the iPhone - I am not getting locked into a single carrier).
All good things must come to an end I guess.
I've gotten tons of NetFlix popups via FireFox, granted, FF is smart enough to not drop the over what I am doing but when I close FF I often have an extra window behind my main FF window with a NetFlix ad happily waiting for me to close it.
Funny thing is - I used to be the IT guy at a Credit Union and I was up on loans, one of the loan officers showed me some lady's APPROVED loan request - her credit report actually showed she was dead! :)
:)
She had great credit though.
You mean like these folks?
Global cooling
From your original post:
Perhaps a more clearly written statement initially would have led me in the correct direction to begin with, and we wouldn't be here. Your additional explanation makes the above quoted statement more clear.
/. and we, oddly enough debate. Some of us more clearly than others.
:)
No one's arguing to the death there, last time I checked, this is
Good day.
Let me add to my last: ;)
Intentional Wrong
If someone knows his actions will cause harm but follows through with them anyway, he is committing a tort of intentional wrong. Intentional wrongs are punishable by jail time (if criminal charges are applicable and pressed) or by an order to financially compensate a victim for damages (if a civil lawsuit is filed). In some cases, both criminal and civil charges will be filed. For example, former football star O.J. Simpson faced criminal charges for allegedly murdering his wife, Nicole Brown Simpson and her companion, but he was found not guilty. However, he lost a civil lawsuit and was ordered to pay millions to the victims' families in punitive damages.
If you have experienced a tort of negligence and would like to file a civil personal injury lawsuit, it would be in your best interest to find a personal injury lawyer in your area who can help you build your case.
If I *sue* a person in civil court, I can **only** get monetary damages. There will be no jail time assigned.
:)
Notwithstanding - you *could* face incarceration for a civil offense in the case where the government charged you (back to the 'theft of IP again'). A lawsuit (civil action) initiated by an individual doesn't, usually, result in incarceration. In fact, I can't think if an instance of that occurring.
The taking of the papers and binder out of the backpack is criminal. Pure and simple.
I'll give you the bit about IP being civil - but when you mentioned incarceration - that is inherently criminal. I can't think of an instance where an individual (or a company) sued another and they went to jail as a part of the penalty. They may have been incarcerated for an underlying criminal issue (fail to pay the monetary damages resulting in a contempt of court, for example) but criminals go to jail - civil torts result in a monetary damage.
FWIW.
As I understood the OP - the teacher reached into his backpack and *took his notes*. We're not talking about IP, we're talking about taking a physical item.
Not sure where the OP is, but the last time I checked. . . The State of FL calls that the criminal offense of theft.
Pretty inefficient way of heating your house don't ya' think? ;)