"even HMRC"?
Make that "especially HMRC".
33118 publicly visible posts • joined 16 Jun 2014
Probably a bit more subtle than that in some cases. The magic number isn't salaries it's "head count". If a business can tell the stock market they're reducing head count by getting rid of X,000 staff the wise heads in the stock market nod approvingly, stock price goes up and so does the value of manglements' stock options. Of course the work still has to be done so the redundant staff have to be replaced.
In other circumstances things are closer to reality. Work load isn't constant. To some extent a manager can smooth that out by deferring some work at busy periods but not entirely, especially if an important project comes along when everybody's fully committed. There's also the factor that staff availability isn't constant; people go on holiday [mp]aternity leave, get sick, retire, even die. Nobody's going to be able to staff at such a level that even minimum staff availability leaves enough bums on seats to cover peak demand. The flexibility of contract staff evens things out.
There's also a few cases where someone only needs particular expertise for very short periods at widely spaced intervals: I had one client where it was a matter of visiting for a day every few months - and occasionally dialling in to sort them out when they had an urgent mess.
"Seems pretty dumb."
We're talking about management of large businesses here so are you surprised?
The contractors are being taken on by people working at the sharp end. The decision is made by people .... let's say not so sharp.
What's likely to happen is that either by April the word will have got back that those contractors are going to have to be kept on or, if internal communications are slower, sometime after April the word will get back that they're going to have to be got back.
As the article says clients are going to have to work out how to ensure the conditions are kept clearly outside IR35, something they should have been doing all along.
"The curation by itself cannot be enough to invalidate 203a-type protections"
Why not? If the platform creates a problem then they should take responsibility for what''s on it. Limit the size of the platform to what they can curate properly. They can't make huge amounts of money from it if that's the case? Tough, there's no law that says they should be able to make that money and have society deal with the costs.
"You can't obviously sue a newspaper if it is reporting what someone else has said, and they have evidences he/she said it."
They need to be able to attribute the quote and if they do it becomes possible to sue the originator. The big difference between print media and the web is the speed with which the lie can br propagated by re-posting. That's something new. If anything it should put a greater responsibility on the likes of Facebook and, frankly, if they should only be operating at the scale at which they can contrive to meet it.
"labeling the case "vexatious", which if done repeatedly means that you can get barred from using the legal system in the UK without permission."
AFAIK it's not the case that's declared vexatious, it's a litigant who brings too many of those sorts of case and then, as you say, a vexatious litigant has to go succeed at some extra steps to be allowed to bring another case.
"The solutions to that are different and platform-dependent, what works for a call or email platform won't work for Facebook for instance."
It depends what you mean by "won't work". If it means Facebook wouldn't work any longer I don't see that as a problem.
"They're having difficulties suing the actual originator of the objectionable content so they're going after the common carriers."
In that case there needs to be a clear distinction between a common carrier and a publisher.
A common carrier would be someone who provides a service which is charged for. Material delivered to the carrier is delivered to its destination for a fee. There is no means to look at the content. That would include and ISP who simply takes packets from the subscribers and routes them on for transmission to their destination and takes packets from the net addresses to their subscribers and delivers them. It also applies to mail service providers who accept mail and pass it on. It also applies to hosting; in fact with the ISP it's usually the customer who starts by sending some packets out and eventually the ISP gets to deliver the replies and with hosting the packets arrive from the net first and it's the customer's system that send out the replies. All the above is done blind - the carrier only looks at the routing and only in so far as it's necessary to route the message.
As soon as the business starts to look at content or display the content publicly they become a publisher and have responsibility for the content. Arguably this would also apply to free MSPs such a gmail if they look at the content and base other services on that or, indeed on anyone who monetises routing information.
It means that there can be a clean-cut distinction. You provide a point-to-point service blind, either for a fee, as a charity or even as some sort of loss-leader and you're a common carrier. If you look at content - or even routing information to monetise it in some other way - you assume a degree of responsibility.
I'd let them keep posting the plans so long as the gun required a charge large enough to guarantee a Darwin award when fired. Losing a hand wouldn't be enough; I once had a murder case where the weapons included an artificial hand, The guy had the artificial hand because he tried throwing some sort of bomb without letting go.
From an earlier article:
Skelton, the data thief, was an IT auditor for Morrisons. He was disciplined by the company for using its postal facilities for himself, something that left him holding a grudge. After external auditor KPMG asked for copies of various data including the entire company payroll, Skelton made a private copy of it from an encrypted USB stick.
I doubt KPMG can be expected to oversee their clients' employees. If anything surely it would be Morrisons' responsibility to oversee KPMG's
"Given that auditors are generally assumed to be trustworthy"
From the first report of the case linked in the article: "The attack was allegedly in response to Skelton being accused of dealing legal highs at the company's headquarters in Bradford."
I'd have thought that that might have lead them to question such assumptions.
From the linked BART case: "BART also issued a statement to NBC, saying: ‘He was cited for eating which is a violation of state law. It isn’t just a policy or ordinance, it is penal code.’"
I knew Californian culture had an obsession with being thin but making eating illegal is taking it too far.
So we have byte-code, machine code for a virtual machine, that can be interpreted by S/W because it's easier to sandbox the interpreter than real machine code running on real hardware. And then somebody comes along to compile the byte-code to the H/W machine code or builds a H/W implementation of the byte-code machine, all to speed up execution.
"in practice visitors who don't voluntarily submit to having their devices searched could be turned back"
Lets explore what might then happen.
Such a visitor, possibly getting the EFF or the like behind them (after all it's the next logical step for such organisations) sues the individual guard, any supervisor who might get involved and the agency. The argument would be that the intending visitor has been issued a visa so there would need to be a good reason for turning them away and without such reason the implication must be that it was a refusal to undergo an unconstitutional search. (And could there be any such thing as a voluntary search?) The agency then has to either try to defend itself against in a dubious case occasioned by the actions of one of its employees or side with the plaintiff and throw the employee(s) under the nearest bus.
A suit against the relevant agency and the individual, jointly and severally would probably do the trick. The agency would undoubtedly blame the individual in order to defend themselves and as soon as the message got out that the employer is simply going to hang its employees out to dry that would be the end of it.
Indeed I did but it isn't the first email address that comes up on my email client - it's an old hotmail address. The address that LinkedIn got was in my own domain so easy to kill completely - I doubt you could ever kill a hotmail address - but inconvenient.
"This should be enforced by a nice and tidy little sum to be paid by said governments, companies, institutions etc as a penalty to the hapless victim if they don't get it right."
I've sorted snail mail to a former tenant at my address by ringing the sender (after numerous returned mail with a note he no longer lived here) and telling them in future I would bill them a £10 handling charge and enforce it through the small claims court if unpaid. That stopped it.
"I would love to use it, but I ain't about to email you from my work address"
Just as well. I did that, not using the registered email address, and later received a LinkedIn invite on the address I used from a, by then, former Register editor. AFAICS this was the only way in which the former editor could have obtained that particular address.
As LinkedIn had now got that address, and we know what grief that can cause, I had no option but to kill it (the address, unfortunately, there being no way to kill LinkedIn) and set up a new one in its place. An email about this to the present editor has never been answered.
So now I will not use the tips and corrections link.
"At abiut 300miles per full charge it has never concerned me."
Does that mean you never make round trips of >300 miles or that you can be absolutely sure of being able to find a vacant charging point after 300 miles? If the latter would that vacant bit still apply if EVs became more common?
"But most people don't travel very far in vehicles."
I'd say it's more like some people never travel far, some people don't travel far some or even most of the time and some people regularly travel long distances. I've seen my ex SiL move from the second to the first category by selling the MPV and keeping the Leaf and become restricted as a result. The market needs to be able to move up that chain and without being able to build the charging network to support it that's not going to happen.
As a business you can only sell what you offer. As a customer you can only buy what vendors are offering.
A few months ago I thought we might have to go down to one car. Currently hers is a small optional 4WD, mine a 2WD family estate. Living where we do I wouldn't want to rely on 2WD only nor do I want a big SUV and I certainly don't want an electric only* so I looked at the market to see what there was in 4WD family estates and in particular plug-in hybrids. It wasn't reassuring. They all fell into the How Much?!!! price bracket. And as for better MPG I looked up the Subaru non-plugin. Its road tax seemed to be twice what I pay on mine so presumably not very good on MPG either. Fortunately the situation has changed and we'll stick with what we've got for the foreseeable future.
All electric might be OK urban runabouts for those with home parking spaces but for the rest plg-in hybrids have to be the stepping stone to establishing sufficient market to build out sufficient public charging capacity and without sufficient public charging capacity pure EVs are going to remain in their niches. So there's a real need to ensure plug-in hybrids aren't restricted to being top of range.
*Range vs charging times vs availability of charging points.
"It's the algorithm" is quickly followed by "Well, what exactly is the algorithm?". If it's weighting factors then they're going to have to explain them but the next likely excuse is likely to be "It's AI/ML" .If that's the excuse and the enquiry is pressed hard enough it should become interesting; make them delve into their black box and find out what's in there.