* Posts by Tom 13

7544 publicly visible posts • joined 10 Jun 2009

Warming: 6°C unlikely, 2°C nearly certain

Tom 13

Re: Jetstream has sweet

While I concur all the "scientists" claiming AGW is settled, the Jetstream is actually pretty much the key to all the Bad Things (TM pending) the warmists claim will happen. Shift it so it doesn't hit the UK and your weather changes radically (colder as I recall). Shift it in the US and the weather changes radically (hotter colder depending which way it moves).

The problem is, no matter how much they try to deny it, they don't have a long enough observational baseline to determine what is normal. And that's assuming you have actual usable definitions for the terms you are measuring as well as the instrumentation to measure all of it.

Tom 13

Re: What is the point of 12 billion humans compared to 10 billion

Well, I count that as 2 billion more of the most precious and productive resource we have: human beings who come up with creative solutions to problems.

Something all the Malthusians wannabes ignore the same way he did.

Tom 13

Re: we either resource limit ourselves

Malthus is long dead. That long disproven piece of tripe should have died with him.

Hammond pleads guilty to Stratfor hack: 'It's a relief'

Tom 13

Re: you'll need to cut some other convict loose

No you don't. Just bring in Sheriff Arpaio for a two week seminar on how to handle unexpected influxes of prisoners. Problem sorted.

May threatens ban on 'hate-inciting' radicals, even if they don't promote violence

Tom 13

Re: where grenades have been referred to as weapons of mass destruction.

While I'm on your side of the aisle politically, he's actually correct about the first, even if he didn't have quite the right language. And the example is actually the recent Boston bombing attack. If you think about it, the IEDs they used in the attack are the functional equivalent of a hand grenade. He's being charged with using a weapon of mass destruction. To me this is part of the problem with treating the war against Islamofascism as a police action instead of a war. There might not be defined battlefields, but it remains a war.

I do concur about the WMDs and Iran. I expect if we had gone in immediately we would have found them. But with Teddy and his buddies delaying action, Saddam had plenty of time to move them elsewhere. Possibly to Syria where we now have various reports of chemical weapons being used, and depending on who is doing the claiming it is either the government or the rebels doing the gassing.

Tom 13

@YARR

So what you are saying in essence is:

If the hussies hadn't been wearing such provocative clothing they wouldn't have been raped.

That doesn't work for me.

Bill Gates: Corporate tax is not a moral issue

Tom 13

Re: Company A and Company B

Insufficient information to answer the question. If Company B makes $1 billion in profits and Company A makes $1 million in profits, I'm guessing it would be Company B. Which might not help Company A's financials.

Forget tax bills, here's how Google is really taking us all for a ride

Tom 13
Joke

Re: In Googling.

Well at least it isn't in Xeroxing. That would get us into real trouble.

Tom 13

Re: Problem is, as with most economic theories it doesn't actually work.

Actually, it did. Reagan cut taxes, revenues went up. Problem is, commentards like you ignore that fact in favor of the deficits going up on the assumption that spending was fixed. What actually happened was Tip O'Neil (D) increased spending $2 for every $1 in increased revenue.

Fix your tax rate at historical norms (18-22% for the US) and things will work. If you make it so it requires less effort to game the system than to pay your expected tax rate, people will. The issue is similar to music prices.

Symantec retires low-end security software

Tom 13
Pint

I remember when Norton PC Tools

was a handy pack of disk utilities to have. And none of them had anything to do with Malware. Happier days they were. Well, mostly anyway.

WikiLeaks party flirts with Oz law by taking Bitcoin gifts

Tom 13

Re: What's the big deal?

But bitcoins theoretically give you a money laundering advantage. It's problematic to launder $100,000 through small cash donations. That involves either lots of people (problems with leaks even at 10 people) or lots of repeated fundraisers. Bit coins is just some dude (dudette?) sitting in his/her underwear in front of an iPad firing up his bot net to send donations in the amount of $25 each until the target number is reached.

Internet cafés declared 'illegal businesses' in Ohio

Tom 13

Re: No legitimate internet cafe is being hurt

Conservative Libertarians (USA style especially, but increasingly UK too) = Small Government, i.e. oppose any kind of governmental intervention. Freedom seen as freedom TO live how you want, make money, do what is best for yourself, etc.

Fixed that for you.

Conservatives on the other hand try to balance things along multiple axes to conserve the resources we and our ancestor have built up over the centuries. Overly large governments tend to be able destroy those resources quickly, so Conservatives will frequently make common cause with Libertarians to reduce its size. But on some issues, particularly as relates to crime and necessary social structures, we part ways with Libertarians while still not making common cause with Leftists.

Tom 13

Re: It's totally spurious.

And the author (and possibly El Reg) should count his lucky stars he lives in the US. If he lived in the UK and the politicians he was criticizing were UK citizens, he might just get sued for libel. Not that El Reg has been covering anything like that locally the last few days or anything.

Tom 13

@tom dial

The situation isn't much different in Maryland, although there the corruption is a bit more transparent. A libertarian running on the Republican ticket originally proposed allowing Pimlico racetrack to open a slots parlor as part of a deal to save the racetrack. But since MD is a Democrat only state, it didn't go anywhere until he was out of office and a Democrat could propose it. It similarly then went to public ballot to protect the polls. Only now it was 4 slots style parlors including Pimlico. Move through a couple more election cycles and then there's a proposal to allow all the existing casinos to expand into table games plus add a fifth casino (never mind that the tax revenues promised from the first four weren't materializing).

Which means that while when I was a kid the only place in the US where it was legal to gamble was Las Vegas, we now have pretty much the whole mid-Atlantic region, Louisiana, Mississippi, Florida just to name the ones I know.

Tom 13

Re: hand guns legal, but gambling must be banned???

Not banned, regulated. I thought you Brits were all in favor of that.

The reasons are pretty much historical. Gambling has a long association with organized crime, hence the heavy regulation. And since it is an easy way to launder money from other illicit trade, I can see proper regulation might have a place in this instance.

Tom 13

@The Axe: For a change it isn't the politicians at fault.

It's the leftist Reg author who lives in Frisco trying to smear Ohio politicians because they happen to be Republicans (as do a majority of the House and Senate).

Proper title would have been: Ohio makes it Illegal for Internet Cafes to Skirt Gambling Laws.

If the Internet Cafe is an honest to goodness Internet cafe, it will still be in business. But if their business model depends on patrons gambling, they are toast.

Of course an honest portrayal of what is happening wouldn't generate the necessary rage and Commentard remarks.

AT&T adds 61¢ 'Mobility Administrative Fee' for users

Tom 13

I say Good for AT&T

Frelling politicians always claiming they can get you something for free. If every company in the world explicitly called out the costs for these "freebies" in the bill they hand to consumers we might see some reduction in the stupidity.

Tom 13

Re: It ain't exactly Dane-geld

Except it ain't Dane-geld. In this case it's more a case of government-geld, and they're just passing along the cost. I suppose to put it in the Kipling context it would be Brit-geld.

Now it gets serious: Fracking could RUIN BEER

Tom 13

Re: Oilfields in the US

Well, here's a post from an industry insider, specifically about the Marcellus Shale formation which is the one that has everybody's attention at the moment:

http://stevemaley.com/2012/06/23/gaslands-josh-fox-cant-be-bothered-with-the-facts/

Note that he's drawing from a US Geological Survey expert for the illustrations, and references the expert's paper in the article.

Bottom line: Not a problem.

BTW: this guy called the Deepwater Horizon problem weeks before the feds did. Granted, when he called it he thought it couldn't be the explanation because given all the regs on shallow exploration he has to follow, he didn't think there was any way a moderately competent engineer on a deepwater rig would be so stupid as to take the risk of making an illegal decision.

Tom 13

Re: Who are usually subcontractors employed by the oil companies.

Salary-wise it is always cheaper to keep them with the company. If they are internal cost is salary + benefits. If they are subs, cost is salary + benefits + profit mark-up for the sub.

What subcontracting may buy you is liability protection. If the sub fails to uphold Chapter 7, Section 43, Paragraph 5, subsection iii of some regulation, they're on the hook for it not you.

Industry execs: Network admins an endangered species

Tom 13
Devil

Re: Oh, please ...

I don't buy Sr. Management firing the Network Admins (admittedly not one myself). I mean, at the very least they need to keep somebody to throw under the bus when the next big breakdown does happen. Preferably two. Need a spare in case two of them come quickly together.

Tom 13

Re: I'm retiring in 24 months

Don't kid yourself. That wasn't loyalty to staff, that was ensuring his retirement was fully funded. If he brought in the new hardware and reduced staff, the next staff reduction probably would have been him.

Investor Icahn needs a loan of $7bn to tick off Mike Dell

Tom 13

Go Carl! Go!

I won't tell you where until you get there.

...

But here's a hint: It will be warm and toasty. Perhaps a bit too toasty for your taste, but well, it will be fitting.

World's richest hobo (Apple) has worked 'tax-free' in Ireland since '80s

Tom 13

Re: Why don't they just scrap

1) Rule #1 of rules lawyering: No matter how clever you think you've been there's always at least one BOFH who is more clever than you are and they will prove it.

2) Because governments are even greedier and more corrupt than the corporations they work so hard to demonize. If you tried to get all that money in a single swipe from a sales of VAT tax, tax evasion would seem like a pleasant memory. You'd move straight to black market systems to get outside the government sphere completely.

Tom 13

Re: evidently you're unfamiliar with the concept of retained earnings.

And evidently you're unfamiliar with the name "Carl Ichan."

If you're not familiar with him from US news reports and his antics in the 80s and 90s, I would have thought you'd at least be familiar with him from some recent Reg stories.

Tom 13

Re: US Corporation tax

Because just like the UK we've got enough professional activists that corporations have been deemed Evil regardless of what they do. So it's handy for the politicians to set a high tax rate to be seen as punishing the Evil Doers. Then they make exceptions for their pet companies who are Good Companies (TM pending). So many exceptions that neither the IRS nor the professional accountants who are supposed to provide advice know WTF the law actually is. Until you wind up in court and the last appeal at SCOTUS is heard.

Yes, it will vary by State. Hell there may even vary by county and city. And each of those districts may have as many exceptions to their general rules as the federal government does for theirs.

A mom and pop shop might be able to start up in most places. They can probably expand to a couple of locations. Start moving out of state (that'd be province in the UK) and things get trickier. The bigger you get, the more complicated it gets. But you have to be truly international to take advantage of the loopholes. The assumption is that as you get bigger you can afford more accountants and lawyers to work around the rules for you. Whether or not it is true is a whole different story.

Tom 13

@Greg 16 Re: every country has large companies taking advantage of it

I'm quite sure that if any country in the chain truly felt they were being taken advantage of, they would change their tax laws. The fact of the matter remains that Ireland (who seems to be the linchpin in the current arrangements) felt they would gain by changing the tax law to force Apple to pay more than they currently do, they would. By whatever calculus they are using, the Irish deem their law fit for purpose.

Tom 13

Re: But haven't Apple been avoiding paying dividends to shareholders as well?

Apple aren't under an obligation to pay dividends. They are under an obligation to provide a return on the investment. If that return is in the form of increased share price, that is as much a return as a dividend. In fact, in some cases in the US, boards have been sued because they paid dividends instead of pursuing business plans that would have expanded the share value and generated even larger share price returns. The issue being that increases in share price are not subject to the income tax the company has to pay, only the capital gains tax to which the dividends are also subject.

Tom 13

@Robert Long 1

Meaningless to you perhaps, even more so because you misquote it, but quite meaningful to even the least capable lawyer who has passed the bar.

Management and Board (all of it, not just senior but only the top executives are typically held accountable because once you get too far down the chain there's no extra money to recover) have a fiduciary responsibility to the shareholders. "Fiduciary" means financial interests. No other. And if you don't take it seriously, you will be sued. I know this based on sitting on the Board for a 501(c)3 [not profit making to you Brits] where the lawyer brought this up every session because we were all "amateurs" in the field of corporate governance. And lawyers get antsy when the budget amateurs are handling approaches $1 million (I hear through the grapevine that they are now approaching $3 million).

Tom 13

@AC 24-May-2013 19:52 GMT

I suspect you the one loosely using the language in a filing. I expect what actually was told to the US investors is that the UK operations are generating significant net revenue and therefore they plan to continue expanding in the UK. They then told the UK taxman that they didn't have significant profit because they've invested that net revenue into expanding business. Typically this is an allowable business expense. And US investors will be happy with that because their shares will continue to appreciate in value, even if no revenue is taken as profit and returned to them after two taxmen take a bite out of the profits.

Frankly, to me that seems like a decent deal to the UK. They get more jobs as Starbucks expands, and they get more VAT revenue as more cups of coffee are sold.

Tom 13

Re: demonstrate lack of social responsibility.

I am socially responsible. You're the one who is socially irresponsible.

The law isn't supposed to allow either of us to impose his concept of social responsibility on the other. Only impose responsibility for following the law.

BBC suspends CTO after £100m is wasted on doomed IT system

Tom 13
Devil

Re: their own eminently capable techies in the first place.

But wouldn't that route cost an even larger fortune? I mean, first you have to fly them in from the other side of the world, and then you have to put them up in a hotel for a couple of months. And then you have fly them all back home again.

Judge: Evidence will likely show Apple DID fix ebook prices

Tom 13

My understanding of American Law is weak but a couple of things spring to mind

Obviously as some of my responses will show.

If all of them settle for millions of dollars where does that money go?

You'll never know because not only is the settlement out of court, it is also sealed. All to protect the innocent you understand.

IE will my ebooks get cheaper/ will I be partially refunded for those I purchased in the past?

No, but it is important that you think this will be the case. It maintains the illusion that this is all about justice and not just shaking down corporations for filthy lucre.

The wonderful thing about ebooks is they are generally purchased electronically so someone must have records.

Actually, not necessarily so. In fact, certain information is likely to be required to be destroyed within a 30 (90?) day period after you make the purchase. Information that makes it impossible to refund the money directly to you. You understand of course, don't you?

If the government gets the money id be tempted to say they don't need it but we all know that isn't true!

Actually not true, but again, it is important you continue to think that. It justifies future shakedowns of corporations for filthy lucre.

<-- the irony of a digital copy of Fahrenheit 451 is not lost on me

Tom 13

Re: @Roger Stenning

Yes that is common sense. However I would say there is a world of difference between

"If the following evidence can..." and "I believe the government will..."

The first leaves open the possibility of impartiality. The second one? Not so much. She's supposed to have the good sense to know the difference.

Daft tweet by Speaker Bercow's loquacious wife DID libel lord

Tom 13

Re: Unacceptable decision

Being a 'Merkin, I'd draw the line at "know or ought to know to be false" with the reasonable man standard. But I'd say she still crossed that line. And I wish we held public officials on this side of the pond to that standard. So given a choice between our law and UK law, I'd have to pick UK on this one.

Tom 13

Re: An honest question...

Increasing traffic.

For example, more and more people are searching for "anonymous coward" and "trending" on Google.

Tom 13

Re: Britain is pathetic

As I stated above, in the US this would be par for the course in politics. And as seems to be the case in this example, it is usually a leftist insinuating something about a conservative. So for me the expectation in this case would be that the accused has to take it like a man, denounce the libel/slander in public, and defend himself as best as he is able given that the media will also be against him.

So I have to applaud the UK on this one. Here in the States we had a far worse case. We had a District Attorney go after a couple who ran a day care center. The children were coached on how to testify. The couple was convicted and at the time the public was of the opinion that at the very least the key should have been thrown away. Some years later after one of the children had grown up, for some reason they revisited the case and realized what happened. They were legally exonerated, but their lives were ruined. Charges of pedophilia are (thankfully) serious matter to serious people. Those kinds of charges shouldn't be thrown around lightly.

Tom 13

Re: How is it defamatory

You'd need to be a 'Merkin who was unaware of the reports (like I was before reading this article) for any chance at it being an innocent question. And if I were a 'Merkin claiming that as a defense and I included an "innocent smiley face" or worse "angelic smiley face" in my tweet, you'd pretty much have me for perjury were I to make such a claim in court.

Tom 13

Re: The Law is an Ass

The trending topics section is accurately reporting on what people are tweeting. It therefore has a large measure of protection. I expect that for the UK site the result would be an letter/notice requesting possibly requiring a court to issue a take down notice if the tweeting itself was libelous. Normally the point of the UK law seems to be to sue all those who are involved in promoting the libel. This is course the plaintiff was headed until he realized what a horrendous cost it would be to pursue.

Little of that would apply in the US, where the standards for libel are much looser (almost non-existent in some cases, especially public figures and as far as I can tell, none for elected public officials).

Tom 13

Re: That tweet read like a question?

Given the "innocent smiley face" yes, that moves it from question to dig.

Of course, being from the other side of the pond, this is all very strange to me. That innuendo accusation was par for the course for explicit accusations over here.

What I find more offensive is that the so called news agencies which are the actual source of the accusation seem to be being held to a much less severe standard. But that's true on this side of the pond as well.

US Senator introduces 'Patent Abuse Reduction Act'

Tom 13

Re: no working prototype to support the application, no frakking patent.

While I emotionally concur with your impulse, given that it was once required to do just that, I think there are practical reasons outside of the law. IIRC the patent office was running into storage issues related to processing patents when the requirement was still in place.

Perhaps a better place to start would be requiring that the patent clerks examining a given application need to have an engineering degree directly related to the patent request at hand.

And I'd personally like to see some patent categories (business process would be top of my list) eliminated. Not so big on software patents as I think they actually make more sense than software copyrights in most instances (OS/word processors/spreadsheets seem more machine like while Everquest seems more copyright), but concur that having both is a recipe for disaster.

Tom 13

Re: encourages the party that would eventually loose out

You really need to remove the rose colored glasses.

The loser won't necessarily be the troll.

Tom 13

Re: Real substantial reform

Particularly given that while there may be broad agreement that the current system is broken, there is likely to be a great variety of opinion about the proper method of correcting it.

For instance, I generally agree with the proposal as presented in this article, but think the bit about loser pays has a great deal more risk than its proponents think it does. I think that because they can initially afford the better lawyers, the abusers are likely to still go after the small fry and score a bonus in that not only do they get money from the small fry, they also get to decrease their expenses for lawyers. I'd much rather see the system be corrected by granting judges more latitude in granting those damages if they have cause to believe the law is being abused. Even at that I would be worried the judges would still show too much deference to either not awarding lawyers expenses or would favor the trolls over legitimate organizations.

'Catastrophic failure' of 3D-printed gun in Oz Police test

Tom 13

Re: Being afraid of things you don't understand is counter-productive.

Shush!

Having stuck their heads in the sand, the rubes were feeling much better until you posted that.

Tipsters exposed after South Africa's national police force hacked

Tom 13
Facepalm

Re: Not so fast you lot....

The tactics and complete disregard for possible mushrooms (that would be innocent bystanders to most of us) are completely in keeping with previous behavior attributed to the collective.

Tom 13

Re: Arizona laws requiring immigrants to carry documents at all times

If you live in the US, you pretty much do have to carry "papers" all the time that would prove who you are. I expect it's mostly the same in the UK, only you don't think of it that way. Over here we mostly call them 'drivers licenses' although a few states have opted to issue them to illegals and thus undermined their validity. You need them to drive a car, buy alcohol, cigarettes and usually to cash a check. If you apply for a job, you not only need one of these*, you also need your Social Security Card*.

These things are known by those who denigrate others as "cockroaches," but they don't like to let facts get in the way of their two minute hates.

*There are alternates for each of these, but the noted option is usually the easiest to supply.

Penguin pays $75m to settle ebook price-fixing case

Tom 13

Re: no wrongdoing...

I've been in the board room when the lawyers layout the road in front of you on a litigation issue. In my case the presentation went something like this: 'Right now it's going to cost X just to get started. If they're smart they'll settle quickly. But if we have to press the issue it is going to cost 1.5 to 3X before we get to a point where they might actually settle." And finally "If we have to take it to court it is going to cost 10 to 20X and even though I think we should win, once you get in front of the jury there are no guarantees."

At which point everybody in the board room has to do a gut check and we were pretty sure ours was a slam dunk case. If you get the option to make the case go away for .5X and your lawyers say you are in an at best 50-50 position on winning, you'll probably take the deal if you don't have to admit guilt.

'Leccy car biz baron Elon Musk: Thanks for the $500m, taxpayers...

Tom 13

Re: China has two advantages,

You forgot their third an most important one:

Their government doesn't really care how many people they kill getting it done.

I don't see that as a good thing.

Tom 13

Re: Why are people so against innovation in the US?

It's simple:

against government funding of private corporations =/= against innovation

And that won't change no matter how many times you and Herr Himmler assert its reverse.

Tom 13

@Thomas 4

1) If you're claiming government profitability from Musk because of a government "investment" you have to count all the government "investments" before you tally the profit. Because that's how it works in REAL investment companies.

2) Your point is completely irrelevant. The relevant point is government picking and choosing winners. Like they did with IRS tax exempt groups.

3) If I could power a car with unicorn farts I could make a fortune. I don't have a supply of unicorn farts and you don't have supply of cars saving a wad of cash for anyone. In fact, you've got a lot of cars costing wads of money from tax payers who aren't necessarily rich, even if it is progressive to meet your perverted definition of fairness.

4) ---

5) No, you don't get to ignore bad results and only count good ones. Doesn't work that way at the blackjack tables either.