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451

Living Room / Re: Silk Road Seized - Dread Pirate Roberts Arrested

« Last post by 40hz on February 05, 2015, 10:01 AM »

Call it a win for 40hz.

-Renegade (February 05, 2015, 08:54 AM)

It's not a competition. But thanks. At least I wrote something that wasn't too vague or rambling for once.

But you didn't address the 1st amendment violation. This seems to be a teensy, tiny bit important.

I don't see how there's any way around that.

The judge put a gun to the defense's head and threatened them if they tried a sane defense (speech).

Trying to claim "federal rules of evidence" doesn't address the issue. If anything, it only illustrates the debasement of the first amendment and the criminality of the courts, judges, lawyers, and politicians that are complicit in that crime.

-Renegade (February 05, 2015, 08:54 AM)

Um...ok...

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Am I missing something?

Maybe you meant Amendments V through VIII?

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

I don't see anything in any of the above that was clearly (or even obscurely) violated.

Perhaps you're saying that the due process itself is unjust? Well, therein lies the critical difference between what the law actually says - as opposed to what most of us (i.e. non-attorneys) usually think it says or wish it said. As one inexperienced attorney was famously reminded by Supreme Court Justice Oliver Wendell Holmes Jr. when his arguments "for justice" ventured a little too far from the actual words of the law: "This is a court of law, young man, not a court of justice."

Something to remember: The United States is a nation built on law. Whatever justice gets accomplished as a result of law is largely incidental.

As one wise individual by the name of Edison Haines so accurately put it: "Law is not justice and a trial is not a scientific inquiry into truth. A trial is the resolution of a dispute."

If it's any consolation, this comes as a complete shock to most Americans too. Especially the ones who first learn about it while facing a judge. It's right up there with the awkward feeling you occasionally experience in the presence of your parents once you're old enough to know (in no uncertain terms!) exactly what your father had to do to your mother in order to bring you into existence.
 

 --------------------------------------------------
Note: I think it was defence attorney (and former federal prosecutor) Ken White of Popehat that had some excellent things to say on this very subject. If I can find it I'll post the link.

Update: Found it! Link here.

In this case it was about a particularly heinous individual getting off (in my state no less!) after committing a frankly hideous crime - not because of a "technicality" - but rather because the trial court correctly followed due process as the law does and should require it to do.

Ken goes on to explain why it is so important that a court behave in such a manner - and why the occasional grave injustice that does occur in the wake of the properly executing "due process of law" is so important in order to prevent even graver injustices from becoming the norm.

And while this one was a 'victory' for the defense side - what happened holds in the same manner for the prosecution under US law. Dame Justice's sword is a two-sided weapon.

Here's an excerpt:

Frankly, I Don't Care How Due Process Makes You Feel
by Ken White · October 9, 2012

I stopped blogging about Nakoula Basseley Nakoula, the maker of the "Innocence of Muslims" video. I stopped because (1) I am interested in discussions about what the law is, to the extent that discussion is based on law, (2) I am interested in discussions of what the law should be, (3) I am interested in discussions of how courts work, to the extent those discussions are premised on actual experience and facts, but (4) I am completely uninterested in what people feel the law is, and (5) I am completely uninterested in what people feel happens in courts, frequently based on TV.

Discussions of what the law is based on feelings annoy me. They're about mob rule, not the rule of law...<more>

452

Living Room / Re: Peer Review and the Scientific Process

« Last post by 40hz on February 05, 2015, 09:27 AM »

@Ren - just out of curiosity, what grounds or expertise do you fall back on when it comes to accepting the truth and accuracy of these things you cite? Not being a chemist or a biologist or geneticist myself, I could be duped fairly easily by either side since I don't have enough background or education to evaluate and have an informed "scientific" opinion about most of what is being said here.

When it comes to people like me (i.e. fairly bright and well-read but NOT possessing any real expertise - and having, at best, a cursory knowledge of subject matter itself) I could easily be bamboozled by a cherry-picked yet utterly bogus dissenting opinion. Nor would I know enough to be able to determine the validity of the experiment design used in the study in question. Nor do I have access to the raw data. So despite being pretty damn good when it comes to statistics, I can't even check the validity of any statistically-based conclusion(s) being drawn.

Googling the web and reading isolated studies and opinions isn't the same thing as "getting educated" or becoming knowledgeable about the subject matter in question. That's why people go to school and study the broader base of knowledge needed. So they may someday be able to confidently hold a truly informed opinion.

While I don't automatically dismiss a lot of what you're saying or arguing for out of hand, I'm still less confident than you are about the validity of a lot of the 'evidence' being presented. And I think I may be just a little more aware of the possibility that what I personally wish to be true may seriously affect my ability (and willingness) to see what actually is true - if I'm not extremely careful.
 

453

Living Room / Re: Silk Road Seized - Dread Pirate Roberts Arrested

« Last post by 40hz on February 05, 2015, 08:10 AM »

^Ren - you have a very single-minded all encompassing political lens (partially correcting some wilful blindness) that you tend to see the entire world through. I commend you for it.

re: peremptory challenge (i.e. disqualifying jurors)

For the record, that's not how it works in the states. Prosecutors aren't allowed unlimited challenges. The details vary by jurisdiction as most procedural legal things do in the USA. And the number of juror candidate disqualifications allowed usually depends on the seriousness of the charge(s) tried. The more serious the charge, the more that are allowed. But in all cases the defense is allowed more of these than the prosecution. The most common number is 10 allowed for the defense and 6 for the prosecution.

That covers "peremptory" juror disqualifications - which is a fancy way of saying "I just don't want this person sitting on the jury." NO reason needs to be (or is) given for having a candidate disqualified with a peremptory challenge.

Any person being considered for a jury can, however, be disqualified for cause. And by either side. But those challenges are granted solely at the discretion of the trial judge hearing the case as normal part of the voir dire process. So while an unlimited number of potential jurors may be theoretically be disqualified, in practice the judge usually only allows so many. And there are fairly strict rules for what is considered an acceptable cause for disqualification - with the burden of establishing such cause resting solely on the shoulders of the attorney asking for it. The exception is in cases where a cause is so glaringly obvious (e.g where someone who is legally blind is being considered for a jury that will be asked to look at a great deal of photographic, video, and/or physical evidence during the trial) that a judge may disqualify the juror directly from the bench.

The usual way it works is 28 jurors (who could not be disqualified for cause) get selected. Then, the defense team gets to eliminate it's ten - and the prosecution gets to remove it's six. That leaves a classic 12-man jury - and trial proceeds. In cases where it is anticipated that the trial will run for a longer than average time, it's also not unusual to appoint one or two additional jurors as alternates - just in case somebody on the jury flips out or becomes medically incapacitated. Which happens from time to time, and could result in a mistrial if no alternate is available to take their place.

So that's why there are peremptory challenges. That's the trial attorney's ace in the hole for preventing the other side from too easily stacking the jury.

If you want a better understanding of how the entire process actually works, see: Jury Selection Procedures in United States District Courts. It's less than 70 pages. It's a very interesting read IMO. And a surprisingly easy one too.

re: what sort of evidence and testimony gets admitted during a trial:

In federal cases, what is admissible evidence is governed by either specific statute or The Federal Rules of Evidence which first went into effect in 1975. Those rules (which also cover the qualification and `admission of expert testimony and witnesses) were established to provide more uniform treatment in federal court cases.

So it's not really all that easy for Judge Kangaroo to do whatever he likes in a federal trial. (There's also the appeal process. That's something even the most arbitrary judges need to be concerned about if they played fast and loose with established procedure.)

re: the 800lb gorilla

First up - cute comeback. I laughed.

Next: I don't see anybody who argued that illegal drug trafficking wasn't being conducted through Silk Road. It was pretty obvious it was.

But Ulricht's legal argument was (a) that he was not involved in any way shape or form; and (b) that even if he somehow was involved, some odd sort of "safe harbor" rule applied because he was merely the site's owner. ("Look...I didn't do it. But if I did do it...it was an accident!") Unfortunately, "safe harbor" doesn't fly too well when a serious criminal act has been committed. But "aiding and abetting" provisions in the law certainly do. You can become an "accessory" to a crime either by your acts or your omissions. And you can be convicted of being an accessory to a criminal act even if the named principle is acquitted. Because it usually isn't a question of whether or not a crime was committed. In most cases, it's fairly obvious one was.  Once it goes to trial it's a mostly a matter of who will be held accountable. And in what capacity.

454

Living Room / Re: Silk Road Seized - Dread Pirate Roberts Arrested

« Last post by 40hz on February 04, 2015, 10:05 PM »

@Ren - You're still overlooking the 800lb gorilla in the picture.

re: jury nullification

Again, almost always in movies.

Attorneys are expected to argue for the law as it applies to the case, and the facts as presented. It's generally been seen as a violation of an attorney's oath (as an officer of the court) for one to ask a jury to ignore the law as it exists when considering their verdict.

And there's also a great deal of legal precedent that says that even though juries may choose to nullify, the courts are under no obligation to tell them they can - or - to allow an attorney on either side to so inform them. And that opinion goes back a number of years, and was the determination made in several different rulings on the subject of jury nullification.

So while it may seem like a cool idea for juries to take the initiative and override a law they disagree with when reaching a verdict (and they legally can do just that under US law) it's a dangerous road to go down. Because if it becomes commonplace, the entire legal system goes out the door and you have a small-scale version of mob rule in effect. Which means it's not the law, or the facts in a case, but rather the jury selection that becomes the deciding factor in obtaining a judgement. Which is ripe for abuse by both the prosecution and the defence.

455

Living Room / Re: Silk Road Seized - Dread Pirate Roberts Arrested

« Last post by 40hz on February 04, 2015, 08:58 PM »

^@Ren: I don't know how to break this to you...but attempting to get some evidence barred on a technicality in the face of what could be seen by a judge to be clear evidence of wrongdoing is an extremely risky legal strategy even under the best of circumstances. Because despite what people see in movies how the despicable criminal character walks out of court scot-free on a minor evidentiary technicality or constitutional rights violation (within 15 minutes of going before a judge no less) is mostly the stuff of Hollywood script departments. In reality, it seldom happens. And this is nothing new. It's the way most courts operate, and have been operating for several decades. If a "clear appearance of wrongdoing" is there, technicalities will seldom save you. As a recent TechDirt post put it:

...even for the more nuanced legal arguments -- or Ulbricht's attorney's chosen path of trying to toss out a bunch of alternate scenarios to sow "reasonable doubt" in the jury -- the simple nature of the fact that many people used Silk Road to buy and sell illegal drugs was always going to cloud the overall case against Ulbricht.

There's a recent case in Nevada where a US Magistrate Judge (not the same thing as federal District Court Judge btw) got pissed about some FBI shenanigans when it came to applying for a warrant, and has moved to void the warrant and suppress the evidence that was collected under it from an upcoming trial. Story here.

But a Magistrate Judge (who is really more a high-level administrative legal assistant) doesn't get to make the final decision. That's for a District Court Judge (i.e. real judge) to decide when it goes to trial. Be interesting to see if the District Court Judge goes with the recommendation of the Magistrate.

I'm guessing he/she won't. But hey! This is all happening in Nevada - so you never know...

456

Living Room / Re: Recommend some music videos to me!

« Last post by 40hz on February 04, 2015, 08:04 PM »

@SB - I'm not quite as over the top about it as Stephen Fry is, although I suspect his tongue is very firmly planted it his cheek for most of it.

But I do not like to dance even though it runs in the family on both sides. My dad was an excellent dancer as was my mother. My two sisters are phenomenal dancers. I have a cousin who danced ballet professionally with the Joffrey and the ABT ballet companies among others. She and her husband (also a dancer) taught ballet out of her own private school for several years after she retired from performing. And my youngest niece is enrolled in a very serious dance program at the ripe old age of six. She just did her first Nutcracker performance (taking on two minor roles) last holiday season. And she wants to do it professionally as well. If so, she's definitely born into the right family. She'll get all the support and encouragement she needs if she pursues it.

Oh...and my GF absolutely loves to dance. Something she does extremely well too. That fact that I do what little dancing I do (mostly slow waltzes) is purely to please her. Fortunately there are always enough guys who do want to dance with her that I can usually sit back a weddings or other occasions and seem quite generous whenever someone asks "Do you mind?" ... to which I always reply: "Why not ask her if it's ok with her rather than me?"

Also, unlike Mr. Frye, I do like watching good dance performance: Ballet, modern, Broadway-type musical dance numbers, Balinese temple dance, hula, some avant-garde and/or experimental (such as MOMIX or Pilobolus), Irish and contemporary Acadian step-dancing (similar in many ways to the better known Irish variety but looser, sexier and not as stiff - see some glimpses of it here - watch the beginning and then fast-forward to about the 5:40 mark), and pretty much anything else that shows talent and looks good.

It's been said you can't be a great spiritual leader if you don't dance...

I guess I'm not a great spiritual leader. But I'm good with that.

457

General Software Discussion / Re: Windows 10 Announced

« Last post by 40hz on February 04, 2015, 07:01 PM »

(see attachment in previous post)
Preview Microsoft's Universal Office Apps for Windows 10 Now

But would it run on a Win 10 Raspberry Pi?

-Arizona Hot (February 04, 2015, 05:29 PM)

Please note that the freebie Windows 10 for the Pi isn't without some gotchas. It's not a free release for general use. It's part of  a developer program:

Windows 10

For the last six months we’ve been working closely with Microsoft to bring the forthcoming Windows 10 to Raspberry Pi 2. Microsoft will have much more to share over the coming months. The Raspberry Pi 2-compatible version of Windows 10 will be available free of charge to makers.

Visit WindowsOnDevices.com today to join the Windows Developer Program for IoT and receive updates as they become available.

If you go to the above referenced Microsoft page, you will see a lot of exciting and lovely things to read about. Plus information about how to join the program. But it's only if you scroll way to the bottom that you'll finally see this:



So those of you who are thinking in terms of business and commercial uses, please understand Microsoft isn't going to be doing anything to get you there for free. This deal is for "makers" - or "tinkerers" as I like to think of them. The EULA can be found here. This part (highlighted) is where it's shows the restriction:

1. INSTALLATION AND USE RIGHTS.

a. Installation and Use.

·         You may install and test one copy of the software on your premises.

·        You may not test the software in a live operating environment unless Microsoft permits you to do so under another agreement.

b. Third Party Programs. The software contains third party programs.  The terms that come with those programs apply, unless otherwise stated in those terms.

 Strictly for dev testing. No live use.

458

Living Room / Re: Do we have any musical people on DC?

« Last post by 40hz on February 04, 2015, 03:31 PM »

^ Other than "to minimize cases of self-inflicted injury," the risk of guitarists soloing over the House of the Rising Sun is the single most frequently cited reason why bass players are invariably denied 'carry permits' in most parts of the USA. Hundreds (possibly thousands) of lives have been saved because of that policy.

459

Living Room / Re: Recommend some music videos to me!

« Last post by 40hz on February 04, 2015, 02:58 PM »

Apparently, opinions vary looking at their history...

https://en.wikipedia...wiki/Right_Said_Fred

-wraith808 (February 04, 2015, 11:15 AM)

From that, it looks like they're more a follow-the-market-trends-and-go-for-the-money sort of operation.

More power to them if so. That perhaps made them a successful stage act. But that doesn't make them what I'd consider to be a genuine band.

-40hz (February 04, 2015, 01:06 PM)

Isn't that what most dance music groups are, though?  

-wraith808 (February 04, 2015, 01:45 PM)

Don't know. Whenever I try to listen to one, it all goes in one ear and straight out the other, leaving me hungry for some music to listen to.

Besides, people who play 'dance music' aren't doing it to actually listen to a band. They're doing it to dance. Either on the club's dance floor - or in their heads. Dance music and club mixes are primarily kinaesthetic rather than auditory sensory experiences. That's why they blast it they way they do. Like the lyric (singular) says: "<Boom-BOOM!> FEEL THE BEAT!." It's "all about that bass, 'bout that bass - no treble."

But I don't dance much - or willingly. So I guess it's yet another one of those "different strokes for different folks" things.

460

Living Room / Re: Recommend some music videos to me!

« Last post by 40hz on February 04, 2015, 01:06 PM »

Apparently, opinions vary looking at their history...

https://en.wikipedia...wiki/Right_Said_Fred

-wraith808 (February 04, 2015, 11:15 AM)

From that, it looks like they're more a follow-the-market-trends-and-go-for-the-money sort of operation.

More power to them if so. That perhaps made them a successful stage act. But that doesn't make them what I'd consider to be a genuine band.

461

Living Room / Re: Raspberry Pi 2 Model B on sale now. Lots more for the same $35

« Last post by 40hz on February 04, 2015, 01:01 PM »

I don't actually know what I would use it for tbh.  A little home render farm would be fantastic for 3D design and such (Both me and my Father-in-law both dabble in it so it would be useful for both of us, especially if I made the farm portable!)

 

-Stephen66515 (February 04, 2015, 11:58 AM)

Blender has some very nice support for distributed processing built into it. And if you google "blender distributed proccessing" or "DIY render farm" you'll find dozens of how-to articles that will walk you through building and using one. Most don't use Raspberry Pis. But it's fairly easy to extrapolate and improvise.

Be interesting to see how much gain you'd see over a tricked out workstation with a high power i7 or Xeon instead. Or the more typical homebrew render farm which seems to favor $$$ Xeons and $$ server mobos.

462

Living Room / Re: Internet of Things thread (IoT)

« Last post by 40hz on February 04, 2015, 09:29 AM »

"This will end badly." - Jorilynn ap Maredudd

463

Living Room / Re: Raspberry Pi's $35 Linux PC

« Last post by 40hz on February 04, 2015, 09:22 AM »

* Boy is Microsoft ever getting desperate to get everybody on Windows 10.

464

Living Room / Re: Recommend some music videos to me!

« Last post by 40hz on February 04, 2015, 04:21 AM »

For some reason it reminded me of something from a long time ago. My first thought was "Baby Got Back" for visuals, but not sure.

-Renegade (February 04, 2015, 02:42 AM)

Had the same reaction. It's not even really a song. It's more like what you'd call an extended riff in my book. It reminded me of an old clunker from back in the bad ol' 80s (which was pretty much an Ice Age for pop music) called I`m Too Sexy. It was...uh...performed?... by a rather odd saccharin skinhead duo called 'Right Said Fred.'

I could never decide if they were just another not-very-good 80s group - or if they were some elaborate "in" crowd put-down on the whole MTV/music video thing.

465

Living Room / Re: Recommend some music videos to me!

« Last post by 40hz on February 03, 2015, 08:44 PM »

@SB - Agree 100% with you on your assessment of superstar lineups and the quality of this number being an exception to the normally disappointing results most of those get-togethers produce. I don't really think Prince took over the performance as the person quoted suggests. Prince was tapped for the "show solo" and did what is expected when that role is handed to you. No more. No less. I found his performance nicely played and respectful to both the song and the rest of the ensemble. I'm not much of a Prince fan...but credit where credit is due.

The following is from another mega-rockstar tribute lineup that played for The Concert for George back in 2002. Pretty much anybody who was anybody in that genre (and still alive) was there onstage that night.

Here is Samantha (Sam) Brown performing Horse to Water. She reminds me a little of a beagle we used to own. We could never figure out how such a small body could pack so much raw vocal power.

Really nice sax work, piano playing, and some superb backup vocals on this one.

Sam's father (musician Joe Brown) closed the concert with I'll See You in My Dreams which is also worth a watch:

Just goes to show that even a corny old love song like this one (written in 1924!) can still charm the heart and ear if done well.  

-----------------------------------------------------------------
*Note: there is an unspoken but very real thing called "gig etiquette" that governs how (most) professionals conduct themselves when performing as a guest - or hosting non-band members - at performances such as these. The exact details of 'the rules' varies by genre of music (i.e. blues, rock, jazz) and venue (i.e. stage vs studio). Suffice to say, Prince's performance and stage manner was in perfect keeping with rock stage etiquette. But being the perfectionist in all things Prince supposedly is, I'm hardly surprised.

466

Living Room / Re: Do we have any musical people on DC?

« Last post by 40hz on February 03, 2015, 07:16 PM »

Think you've seen it all? How about a Gibson SG Tenor guitar? Haven't seen one? No surprise. Built in the late 50s and early 60s, they're incredibly rare.



If you're interested in learning more about them, visit Steve Pyott's Vintage Tenor Guitars website for more info and pictures of the surprising variety tenor guitars come in. Most have a 23" scale length with 4 strings tuned in ascending 5ths. (Same as banjo BTW.)

But suppose you want to own one? Well...the originals go for a fair amount of change. But Eastwood Guitars will be releasing a close twin based on a guitar in Steve Pyott's collection.



Due out and available for ordering in May 2015, it's called the Astrojet Tenor which they are self crowdfunding here. The goal has already been met so it's a go.

Usually tenor guitar is associated with Bluegrass, Celtic and similar music. But there's nothing to say it has to stay there. Here's a demo by a more modern player named Jose Macario playing an electric solidbody tenor. A bit too much reverb for my taste, but still an interesting example of some out of the box thinking when it comes to this instrument.

467

Living Room / Re: server 2008r2 x64 VPN to Windows 8.1 Home Premium x64 for remote access

« Last post by 40hz on February 03, 2015, 04:41 PM »

It is only a headache for me to keep asking as I have already been told not to ask.  That is one reason we are on Server 2008 and not 2012 and if I had not sneaked it into a budget we would still be on Server 2003.

-questorfla (February 03, 2015, 04:06 PM)

Good grief! What exactly does this business you work for do, if you can say?

BTW, good thing you did. Microsoft will be tomb-stoning W2K3 Server on July 15, 2015. Per the mothership:

Windows Server 2003 support is ending July 14, 2015

What does end of support mean for you? After July 14, Microsoft will no longer issue security updates for any version of Windows Server 2003. If you are still running Windows Server 2003 in your datacenter, you need to take steps now to plan and execute a migration strategy to protect your infrastructure.

468

Living Room / Re: Sad news for scifi booklovers. Borderlands Books of San Francisco is closing.

« Last post by 40hz on February 03, 2015, 04:05 PM »

But I did see that when he did have to clear payroll- the bottom line wasn't as flush as it was before.  And when one of the new "paid" help was caught stealing... the realities of dealing with people that he hadn't known for 15+ years became evident.

-wraith808 (February 03, 2015, 02:25 PM)

You just hit on a very important point with that. You can't purchase a relationship. Something many business owners fail to understand. If you have one with an employee or customer, it's incumbent upon you to do everything you can to protect and keep it. That is something that pays dividends in trust and mutual concern that go far beyond simple financial considerations.

Going over to the theft part, most good employees have a very good sense of what they feel is fair compensation. And when their paycheck doesn't reflect that amount, they will get what compensation they feel is due them one way or another. Indirectly, by reducing the level of responsibility, service or initiative they exercise in the course of carrying out their duties. Or directly by cheating the clock, abusing sick time, doing personal work on company time, "borrowing" office supplies and things like photocopies, postage, and network bandwidth - or - in extreme cases, embezzling funds or committing theft.

To deal with that you need to do two things. First, hire good people. (And despite all the cynics out there, there are many good people to hire. Good people number in the majority.) And second, pay them fairly at the very least - and even somewhat generously if you're smart and the business can afford it. (Many times it can.) Unless the person in question is somebody who is in line to become a partner or co-owner, it's somewhat unrealistic to try to sell intelligent people on the "Every employee is a business owner here!" line of nonsense. Because they're not. And in most small businesses, they never will be. So it's wise to stop trying to kid them about it. And it's even more important that a small business owner to stops trying to kid his or herself. If the rewards are different for an owner versus an employee, it's mainly because (or should mainly be because) the owner takes on all the risks of the business. The average employee is talent for hire at a mutually agreed fair level of compensation. Most employees - even stellar employees - don't wish to take their jobs home with them every night and weekend. Which is something a wise business owner or major stakeholder usually does - because they damn well better.

You do get the occasional bad apple out there. But they're rare from what I've experienced. If big organizations see a lot of them, it's likely because they hire a lot more people than a small business. So the statistical odds are higher for hiring a bad employee. If a small business sees a lot of bad hires, it's usually because they're trying to bottom feed when hiring help. It's not that you can't get "good help" like many business claim. It's just hard to hire them at slave wages and expect them to be grateful for it over the long term.

Want good people? Then hire good people. And pay them. A Harvard Business School study showed that the single biggest employee motivator for performance and willingness to take on additional responsibility was a slightly better than expected salary or wage offer. Not "empowerment." Not "involvement." Not "the opportunity for growth." MONEY!

That was a very disappointing thing to learn for many businesses which hoped a weekly "quality circle brainstorming session" might be a cheap way to keep people happy, and let them think their opinions and suggestions really were being carefully considered by upper management. ("That's good thinking Jenkins! Y'know...I shouldn't be telling you this, but Mr. Big has his eye on you. Um-hm! Keep up the good work!")

Which brings us back to small bookstores. It's hard to get crackerjack people in for what most can (in truth) afford to pay. You get the occasional "book freak" (I was once one) who is so happy to be working in a bookstore that they don't care how little they're being paid. Or at least not until they're facing eviction for non-payment of rent.

It's sad to see the look (and working in a bookstore I have seen it) of absolute hurt and betrayal when these people explain their situation to the shop owner, and ask for a raise, only to discover that the "valued associate" designation they've been given amounts to little more than a line of text under their name on their employee nametag.

Yet another reality you'll find at small bookshops everywhere.

469

Living Room / Re: Sad news for scifi booklovers. Borderlands Books of San Francisco is closing.

« Last post by 40hz on February 03, 2015, 01:49 PM »

All three of us were willing to work for credit.

-wraith808 (February 03, 2015, 01:35 PM)

Interesting. I'm not even sure if you can do that where I live and still claim the 'expense' of the credit for tax purposes. Still...'free' labor is free labor. Although I understand that's starting to be looked somewhat askance at by government. And rightly so IMO since it's so open for abuse.  

Plus...free help allows a business to get sloppy if its not careful. Staring a payroll (that absolutely must be paid) in the eye every week does a lot to keep business owners on their toes. Most savvy businesses owners know - to the penny - what their daily "nut" is. We call it "what it costs to put the key in the door" in my business. How many dollars a day do we burn by just existing as a business? We need to keep our average daily revenues up plus our gross profit margin ahead of that number, on a consistent basis, or we're out of business. That, and make sure we get paid in a fairly timely manner. Sales and cash flow. It really is that simple. Everything else is finesse.

470

Non-Windows Software / Re: *FIXED*: Help! Problem with NoScript add-on in Firefox 35.0.1

« Last post by 40hz on February 03, 2015, 01:03 PM »

@SB - that's perfect!

471

Living Room / Re: Sad news for scifi booklovers. Borderlands Books of San Francisco is closing.

« Last post by 40hz on February 03, 2015, 12:45 PM »

Ok...your background and mine is similar. I worked bookstores and I have friends who owned one so we both have a down in the trenches bird's eye view. I have also run a few businesses of my own, including the current one, so I deal with this sort of reality every day.

"Passion," and "differentiate your offering," and "don't compete on price," are all well and good. But they don't really make any difference when you can't contain operating costs despite all your "good faith" efforts and heroic sacrifices. People who work need to get paid. People who own businesses need to make a living. Your sales volume and profit margin need to provide enough surplus to meet operating expenses - of which wages make up the bulk in most small businesses; along with rent, utilities, and taxes.

You can't do much about rent costs in retail since location is critical - and landlords know it. So regularly shopping rents and relocating isn't viable. Utilities are fixed. You can reduce your use as much as possible. But health & labor regulations determine just how far back you can cut the heat or A/C before you get into trouble. And if your customers are uncomfortable, they leave and often don't come back. Taxes aren't worth getting into. Most real tax strategies don't apply to small business. You can minimize taxes with competent ($$$) help. But taxes don't go away. And they generally keep going up.

So where does that leave us? With the prime gross margin (i.e. gross sales minus returns and discounts minus prime cost of goods sold - which includes freight-in). Costs are largely driven by volume here. Big orders = higher discounted unit price + more advantageous shipping charges. Small shops can't compete in that arena. So to a certain extent, you could say cost of goods is largely out of a small business's control. You can do some adroit shopping for vendors and try your best to "buy smart." But at the end of the day, your suppliers don't really need you in the book publishing world. Most times you'll need to order your stock through aggregators such as Ingram rather than deal with the major publishers themselves. And these middlemen will take a cut too.

So what's next...ah yes...prices!

Nope. Amazon has got you skunked there. Those discounts they offer customers are killer. So much so that I see people in B&N routinely see a book they like, pick it up, scan it with the Amazon app on their smartphone, put it in their online shopping cart - and then put the book back on the shelf. "Thankee B&N! I just wanted to take a look at it before I bought it!" Then, on the way out of B&N, they hit the one-click purchase key and Amazon delivers it to them a few days later. If B&N is lucky, these folks (and there are many) maybe bought a magazine, or cup of coffee during those two hours they were "shopping" in the store.

So what's left? Labor expense? Lay off non-family workers and work longer hours yourself? Ok. But for how long? And besides, even though you can elect not to pay yourself as the owner - everybody else (at least in my state) has to be paid minimum wage. To run a store responsibly takes at least two people. One to cover the front plus one to help out in front and cover everything else like shipping and receiving, paperwork, janitorial tasks, stocking shelves, doing the bank and PO box runs, etc. These two may swap roles back and forth. But you still need at least one person available to serve the customers and watch the store at all times. So small business labor savings are pretty much determined by how able the owner is to do without a paycheck. Not a very compelling proposition for most folks who don't have a trust fund to fall back on - as one of our town's former booksellers did. (interestingly, she was the first to close shop when things got really bad. ("Old money" doesn't tend to continue backing a losing proposition - even when they can afford to. A least not the "old money" crowd I've known.)

Despite all the fancy management bromides and new age business thinking, the two things that will most often sink a small business are:

• Insufficient sales volume
• Bad cash flow

Not enough money coming in - and not on a regular and predictable enough basis - are what kills small businesses more often than every other factor combined.

So no...I don't think the change in the average customer's expectation to pay lower prices than small bookstores can afford to offer is oversimplifying things at all. It goes right to the root of the problem. And that is what is most directly shifting the sales of books away from the traditional local shop, and over to large discount booksellers.

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Non-Windows Software / *FIXED*: Help! Problem with NoScript add-on in Firefox 35.0.1

« Last post by 40hz on February 03, 2015, 10:02 AM »

UPDATE: Never mind. Found it. Bad setting in about:config. Fixed. Yay!


Has anybody else run into this? After the latest update (now FF 35.0.1), the NoScript add-on no longer seems to be working.

It shows itself as being installed (v2.6.9.11). I even removed it, closed FF, reopened and then reinstalled it. Same result. It's not working.

Suggestions on where to look?

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Living Room / Re: Sad news for scifi booklovers. Borderlands Books of San Francisco is closing.

« Last post by 40hz on February 03, 2015, 09:44 AM »

It's a change in venue and a change in distribution.  Adapt or die.

-wraith808 (February 03, 2015, 09:30 AM)

It's actually more a change in expectations that's the tipping point AFAICT. As the owners of Borderlands Books said in their blog, the list price of books are set (and printed on the cover of books) by their publishers. And with the advent of Amazon, nobody expects to pay list for a book today. So the indie stores can't push the price up above list because that's simply "not done" (nor is it doable) when it comes to books that are in print.

"Adapt or die" is one way of looking at it. (I suspect Renegade would applaud that one.) But there are practical limits. What's happening to these small stores is the equivalent of sealing them in a glass jar and telling them: "You have a simple choice. Learn to live without oxygen - or perish."

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Living Room / Re: Sad news for scifi booklovers. Borderlands Books of San Francisco is closing.

« Last post by 40hz on February 03, 2015, 09:08 AM »

^It's whole new world for word publishing. The landscape of which is looking pretty grim. I mean seriously...for a shop like Borderlands to be shutting down in a city like San Francisco???

I'm not getting warm fuzzies.

Ten or so years ago, my town used to have three independent bookstores, two used book shops, and a Borders.

It now has no bookstores...unless you want to count the half-assed one our local college installed in the ruins of Borders old location. It's mostly school-branded stationary, campus swag and course texts, with a very small fiction/general book section - plus the de rigueur coffee shop. (This school has a lot of off-campus residents living in the immediate area.)

About the only saving grace is that our local library association still throws its major used 'book faire' in the summer, plus one or two smaller ones in the fall and spring. (And they're invariably mobbed so it's not like nobody is reading physical books any more.)

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Living Room / Re: Internet of Things thread (IoT)

« Last post by 40hz on February 03, 2015, 08:56 AM »

Dunno. There are specific situations where an IoT would be a godsend. Unfortunately, I don't think it will stop there.

In my head I keep hearing the words to the Alan Parsons song To One in Paradise where they go:

I believed in my dreams...
Nothing could change my mind.
Till I found what they mean.
Nothing can save me now.