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grellas commented on Modeling a Wealth Tax   paulgraham.com/wtax.html... · Posted by u/tosh
grellas · 5 years ago
After being one of the top-rated commenters on HN for some years, I have not commented in a long while. For what it is worth, here is my two cents on a topic - a wealth tax - that may seem on the surface to be benign but that is in fact just the opposite.

Silicon Valley was founded in a spirit of freedom and flexibility but that spirit is clearly and dangerously on the wane insofar as the political environment surrounding the Valley is concerned.

By the 1970s, American enterprise was in decline, a victim of the "big government/big business/big labor" trends glamorized by establishment types of that day. What this did was take away choice and flexibility.

Tech changed all that and it did so from the heart of Silicon Valley. Tech arose from a spirit of freedom and flexibility. Founders would get an idea and would have countless ways of experimenting with what they could do with it with the aim of building a venture. Many of the most wildly successful ventures came out of nowhere. No central committee could have planned for them. No overlords of big business could have had the imagination or risk-taking fortitude to push them at the expense of their established cash cows of that day. No union could comfortably impose rigid work rules onto such amorphous ventures (the first thing Intel workers did even after the company succeeded was to reject unionization). No minimum wage or overtime rules applied. Benefits packages of the type widely deployed in the analog-based large businesses of that day were unheard of.

Regulators and taxers of that era continually tried to realize their vision of locking people into situations by which they would have guaranteed security, ossifying the mature businesses over which they had control, but tech simply outran them through innovation. And, in time, upended them by disrupting their industries through innovation and risk-taking.

Today, the spirit of Silicon Valley has changed and is yielding to a belief system by which the overlords of politics believe they can dictate outcomes that will give people locked-in security forever. Want to do something as an independent to earn a livelihood? Sorry, AB5 forbids that and will penalize the hell out of any venture that seeks to use fleelancing and flexibility as a foundation for innovation and growth. Your choice to act an an independent is frozen out by dictates that, if you act at all to make a living, you must do it within rigid systems that guarantee minimum compensation, regulate overtime, prescribe minimum guaranteed benefits, and the like. If this kills opportunities, no problem: there will be other rules that guarantee basic income, limit the rent you have to pay, and otherwise regulate society such that people are guaranteed a risk-free existence courtesy of decrees enacted by political proclamation.

This new mindset is precisely the one of the 1970s-era leaders who managed to choke off innovation and growth in old-line businesses and gave a massive opening to tech innovators, particularly those in Silicon Valley.

pg's modeling of the effects of a wealth tax is spot on. And it confirms that such a tax is an innovation-killing idea that would destroy the spirit of Silicon Valley. Of course, tech innovation will not cease. It will just move elsewhere to escape the tax. Europe in the 1990s had a couple of dozen or more countries that imposed wealth taxes. Today it has three, if I recall. There is a reason for that. It is a highly pernicious tax that kills enterprise and that veers from a capitalist (even progressive) philosophy into one that is directly of a Marxist/communist variety that has left so many nations in rubble once fully implemented. Smart, innovative people are not going to stick around for the con game. They will leave.

I have watched Silicon Valley grow and flourish for decades now and have been directly involved in working with thousands of entrepreneurs who have been a part of it. There have been a lot of political changes over those decades but one thing remained constant: the foundational thinking in California always assumed a capitalistic structure. Once that is abandoned, Silicon Valley will be no more.

I know that the vast majority of HN'ers are progressive in their thinking and we all can have our own ideas about what makes for a good and just society. I am not commenting on that here.

There is a line that cannot be crossed, however, without killing the Valley itself and all that it stands for. The wealth tax clearly crosses that line and, if things are allowed to go that way, the consequences may not be what you expect them to be. It doesn't take much to switch from a tax of .4% on assets over $30M (bad as that is in itself) to a tax of a much higher rate on a much lower threshold of assets. Once that monster is unleased, who knows where it will go. It will be fundamental transformation of the Valley, and not a good one.

As I said, just my two cents.

grellas commented on Supreme Court to Consider Google Appeal of Oracle Win in Copyright Case   wsj.com/articles/supreme-... · Posted by u/grellas
grellas · 6 years ago
Here we go - the insanely maximalist interpretation of copyright law by the Federal Circuit, with its concomitant ludicrously restrictive idea of fair use, now goes to the Supremes. The DoJ had actually argued against the idea of the High Court's taking up of this appeal (on grounds that this case was not the proper one for the Court to use to clarify these issues). I couldn't disagree more. The Federal Circuit Court has been positively adamant in its rigid views, right down to second-guessing how the jury rendered the key facts, and the case therefore is a very compelling one for a better assessment to be made by justices who are not so fixated in their views as the Federal Circuit has been. This area of the law is critical to the whole idea of inter-operability going forward and it is welcome to see that the Court will be deciding it sometime this term.

My prior comment at the time of the Federal Circuit decision: https://news.ycombinator.com/item?id=20064289

grellas commented on The Orwellian Attack on Section 101   spectator.org/the-orwelli... · Posted by u/grellas
grellas · 6 years ago
This may seem to be on its face another dull instance of people haggling over fine points in the esoteric field of defining patentable subject matter.

But it is not.

It is a potentially huge development and not a good one for tech startups and innovators.

Setting aside fine points, what we have had until just the last few years in the tech world is an insane pattern dating back to the 1990s - thanks to the Federal Circuit Court's seriously flawed interpretation of then-existing caselaw - by which the legal test for patentable subject matter essentially became "anything new under the sun."

An orgy of frivolous software patents followed and this bedeviled tech innovation for well over a decade and allowed patent trolls to run wild with patent claims that swarmed authentic technical innovation and clogged it with endless junk consisting of patents on what were essentially abstract ideas or on what were long-established innovations done "on a computer" with nothing else added and similar claims on which the lawyers feasted and the public suffered.

Fortunately, in recent years, the U.S. Supreme Court stepped in and reined in the Federal Circuit decisions, narrowly restricting what constituted patentable subject matter under Section 101 of the patent laws. The Bilski case started this reining-in process and many other important cases followed, culminating most recently in the Alice case. (See my elaboration of this trend here: https://news.ycombinator.com/item?id=4633163#4633950)

This reining, coupled with liberal use of inter partes review to allow for a relatively swift and efficient procedure by which frivolous patents could be challenged and swatted away, has brought some sanity back to the field in recent years. (See my comments on this procedure here: https://news.ycombinator.com/item?id=16913013#16915378)

So, junk patents have become much more vulnerable to attack in recent years. This reform has been judge-driven - primarily by the U.S. Supreme Court. It has been an imperfect sort of reform but hugely important. The orgy of junk software patents that so burdened the tech industry was radically curtailed.

True reform was to await an act of Congress. Congress sets the bounds of how patent law is implemented and a clean resolution of the issues depends on its acting to fix things definitively.

However, far from fixing things, the Senate is in the process of enacting a bill that would radically do away with the recent Supreme Court reforms and open the way for a new patent system that once more makes junk patents freely grantable and sustainable.

The article I posted here is from a conservative source.

But this is an issue that is critical to all who oppose junk patents. For example, here is EFF's take on the proposed Senate effort (known at Tillis-Coons, after the two Senators sponsoring it): https://www.eff.org/deeplinks/2019/04/tillis-coons-patent-bi.... For other critical commentary, see https://www.eff.org/deeplinks/2019/04/tillis-coons-patent-bi...

The proponents of this bill attempt to dress it up as a valuable protection of property rights. Speaking as one who strongly supports IP rights, but also as a lawyer who knows how rights become meaningless if lawyers are permitted to litigate everything to death, I would suggest that this attempt to codify within the patent law a regimen that allows virtually anything to be patented, with few meaningful checks on what is eligible for patentability, will serve only to arm the trolls and litigators at the expense of true innovation.

It is a disaster in the making for tech innovators and startups and ought to be stopped. Let us hope it can be.

grellas commented on Oberlin College case shows how universities are losing their way   thehill.com/opinion/judic... · Posted by u/grellas
tptacek · 6 years ago
This is a great summary, and I broadly agree with Jacobsen's take, but also took the time to read the primary source documents that he and others linked to. So, some finesse points:

2-3: I don't know that it's been well established that the student who sparked this incident and later pled out to shoplifting went into the store with the intent to steal. The other narrative presented is that he went in with a fake ID (so clearly had purchasing intent), the ID was spotted, the clerk attempted to confiscate it, and that's when things blew up. It appears undisputed that the student fled the store and was chased by Allyn Gibson, unfortunately resulting in Gibson getting beat down by the student and two friends --- the result was a felony robbery charge, at which point the student had immense incentive to plead out to anything the court would allow him to.

4: It's useful to know that there's a history of problematic interactions between Oberlin (the school) and the Oberlin Police (an unrelated department of the town in which Oberlin resides). That OPD felt the need to escalate a situation isn't dispositive. What we do seem to know is that, excepting an early incident where protesters entered Gibsons Bakery to protest indoors (and then left), the protests were not violent.

7: Oberlin didn't have a contract with Gibsons. They asked their cafeteria supplier to stop sourcing from Gibsons.

12: It's worth pointing out that the college didn't merely take the position that it had done nothing wrong, but also repeatedly in its own legal filings affirmatively supported the protesters claims --- apparently false --- that Allyn Gibson had "violently assaults" an "unarmed student".

Finally: I too have found Legal Insurrection's coverage of this case valuable, but anyone reading it should go in knowing that unlike Turley, L.I. is not "liberal", but rather full-throated conservative. It's always good to keep the agendas of news sources in mind, and that of course goes for L.I. the same way it would for DailyKos or PopeHat.

I think if Oberlin had been smart enough to redirect protest energy towards the Oberlin Police rather than to a private business, this all would have worked out better (and also, not for nothing, have been more just). As it stands, though, I'm shocked Raimondo still has a job; Oberlin's handling of the case was far more clownish than one could perceive from this summary.

grellas · 6 years ago
Excellent additions - thanks for supplementing/clarifying!

Another note or two:

1. Damages might be reduced on appeal but, if not, this will really sting for Oberlin. Why?

2. Its insurer apparently is denying coverage because the wrongs committed were intentional and that removes them from coverage.

3. The legal fee award approved by the jury is likely tied to a contingent fee arrangement and will likely add as much as $10 million to the final price tag.

Bottom line for the risk to Oberlin: $11.4 million compensatory damages; $22.8 million punitive damages; $10 million attorneys' fees = $44.2 million judgment, an astounding number for something the college could easily have quelled at or near inception for almost nothing. Again, this could be reversed or modified on appeal but who in the world would want to be fighting from that position?

grellas commented on Oberlin College case shows how universities are losing their way   thehill.com/opinion/judic... · Posted by u/grellas
grellas · 6 years ago
A bit more factual context:

1. The student "protests" erupted the day after the 2016 election results came in, with a corresponding politically inflammatory element at work in the background.

2. The underlying incident involved an underaged black student who attempted to buy a bottle of wine, was refused, and was then found to have 2 other bottles under his coat as he walked out. When the owner's son chased him out, an altercation ensued and, as police arrived, they found the owner's son on the ground being hit and kicked by three persons, including 2 female friends of the shoplifter.

3. I use shoplifter, instead of "alleged shoplifter," because a guilty plea was entered admitting to the crime and also acknowledging that racial profiling had nothing to do with the incident.

4. Protests immediately erupted and were so volatile that the local police chief said he felt he had to call in outside help from a riot squad.

5. The students who did the protests claimed that Gibson's bakery not only had engaged in racial profiling in the particular incident but also that it was a long-time racist presence in the local business community. (Gibson's had been founded in 1880 and was strictly a family owned business, with the business supporting 3 generations of the family at the time of the incident).

6. The Oberlin dean of students (Merideth Raimondo) appears to have joined in the protests directly, shouting through a bullhorn and handing out fliers calling Gibson's racist. She claimed she used the bullhorn for 1 minute only and only to tell the students to observe safety precautions. Multiple other witnesses at the trial claimed she did so for a half hour and that she was a direct participant in the events. The jury obviously did not believe her. Also, she denied that she had handed out any fliers, was contradicted by a local reporter who said she had handed one to him, called that reporter a liar, and (at trial, once under oath) later admitted that he was telling the truth that she had handed him a flier knowing him to be a reporter.

7. The college immediately joined in the affair by terminating its long-term contract with Gibson's. A couple of months later, it reinstated that contract. Then, when the Gibson family filed suit, it terminated the contract permanently.

8. The college took the position that the matter would be dropped if Gibson's dropped the shoplifting charge and if it committed in the future to bring all incidents involving students directly to the college before it got the police involved. Gibson's refused to comply with this condition.

9. Gibson's in turn offered to forego any and all legal claims if the college sent out a mass communication stating that Gibson's had not engaged in racist activity and had no history of being racist. The college declined to do this.

10. Gibson's took a huge financial hit as a result of all this, barely managing to stay in business. It had to lay off all of its 12 employees and the family owners continued to operate the business without salary for 2 years.

11. Gibson's sued the college and its dean of students alleging libel, intentional infliction of emotional distress, and interference with business relations.

12. Throughout the trial, the college took the position that it had done nothing wrong, was only protecting the students' right to free speech, and had no responsibility for what happened. It also took the position that Gibson's was worth no more than $35,000 in total value as a business and that such amount should be the maximum awarded in any damages award.

13. The jury award $11.2 million in compensatory damages, $33 million in punitive damages, and also said that Oberlin had to pay Gibson's attorneys' fees. Under state law, there is a 2x cap on punitive damages (2x times the amount of compensatory damages awarded) and thus the punitive award will be set at $22 million. The judge is still determining the attorneys' fees question. All in all, though, the jury basically slammed Oberlin to the max and also awarded major damages against the dean of students.

14. Oberlin sent a mass email to its alumni association essentially saying that the jury disregarded the clear evidence showing it had done nothing wrong and vowing to fight this through appeal. It also formally announced that it will be filing an appeal.

15. Oberlin has had a long-time "townie" vs. "gownie" culture but this far transcends the small tensions that have historically existed.

William Jacobsen at Legal Insurrection has been on this case in great depth from inception, believing it is a case of major significance concerning college activism run amok. Here is a link to his reporting on the original verdict that contains a ton of links to the prior coverage: https://legalinsurrection.com/2019/06/verdict-jury-awards-gi...

The article here is by Jonathan Turley, a distinguished liberal law scholar, who is pretty critical of Oberlin's handling of the case, as I think most people are.

grellas commented on Jury Awards Gibson's Bakery $11M Against Oberlin College   legalinsurrection.com/201... · Posted by u/grellas
OrwellianChild · 6 years ago
There is a ton of background at that link, but can you help me understand what portion of the protests and/or severing of business contracts was damaging and/or considered tortuous interference? With no opinion on either of the plaintiffs (I hadn't heard of the case), it's not immediately clear to me what happened that wasn't organized protest in a public space (which, presumably, would have been legally fine).
grellas · 6 years ago
This site has followed the case closely and goes through a lot of the evidence in the linked items. In general, the defendants appeared to go over a line by asserting that the arrest of a shoplifter was based on racial profiling when there was utterly no evidence that the bakery had profiled anybody and when the evidence appeared open-and-shut that shoplifting had occurred (as the guilty pleas eventually confirmed). The other potentially inflammatory element is the huge impact the protests/boycott had on the bakery, essentially almost destroying its business. When you put it all together, it becomes a hard case to defend and the verdict reflects that. At the same time, this is a preliminary report on the verdict and I am sure more details/analysis will follow.
grellas commented on Jury Awards Gibson's Bakery $11M Against Oberlin College   legalinsurrection.com/201... · Posted by u/grellas
grellas · 6 years ago
A potentially explosive case in which protests/boycotts by college students/administrators based on claims of alleged racial profiling by a local business appear to have backfired in a big way - at least in the first big legal phase.

u/grellas

KarmaCake day37828June 20, 2009
About
Silicon Valley business lawyer - I founded a boutique firm specializing in early-stage tech startups - since 1984.

Homepage: http://www.grellas.com

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Startup Law 101: https://grellas.com/resources/startup-101/

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