Lottery (optional tax for the mathematically impaired)

I know, the Lottery Lady says there is no such thing as an "optional" tax, but it's only meant to drive home the point that the math says you are throwing your money away and the stats say that people who buy lottery tickets are lower-class people who probably can't really afford it.

I can't help but be reminded of a time before the Lottery Vote in Oklahoma where I was having a conversation with a fellow voter. It went something like this:

"I'm voting for the lottery because the money goes to schools."

"You really think it will go to schools?"

"Yeah, there is this law that puts the money in a 'lock box' and they can only spend it on education."

"What about the money the state allocates now for education- what would keep them from lowering that amount, meaning that the total amount for schools would stay the same and the state would have additional money to do with however they see fit?"

"Well, they won't do that. Why would they do that?"

"That's what has happened in every other state that has ever enacted a lottery to increase state education funding. "

"Well, I'm voting for the lottery. It's a free country and we should be able to buy lottery tickets."

"Whatever, man. You're stupid."

Okay, I didn't say the other person was stupid. But anyway, I heard on the news tonight that education funding in the state has not increased since the lottery because the state is not contributing as much money from the general fund as they used to. Really? Ya think?

More info:  http://www.fox23.com/news/local/story/Where-Is-The-Lottery-Money-Follow-Up/OFJJaYg5m0CQYAc0IOvKaA.cspx

Theft???

I had a bit of an epiphany today while visiting my second office. What is the definition of theft?

In my mind, before looking it up, theft occus when something of value (generally property) is unlawfully transferred from one entity to another. That is to say, Person A has something that the Person B used to have, and Person B no longer has what they used to have, and Person B did not grant permission for Person A to obtain the property of Person B.

Transferrence ["conversion"] must be a requirement for theft, right?

A quick bit of reading on the Internets and I have a very clear legal definition of theft in English Law: (emphasis mine)

In English law, theft was codified into a statutory offence in the Theft Act 1968 which defines it as:
"A person is guilty of theft, if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it". (Section 1)

According to the sentence codifing theft, there are five elements which must be present for the label of "theft" to apply: (sections 2 - 6)

The five elements of the offence are defined sequentially in the Act:

• Section 2 dishonesty;


• Section 3 "appropriation" which occurs when the defendant wrongfully asserts the rights of ownership over the property. This can be by physical taking, but it will also include many different situations (i.e. a failure to return or omission) in which a person may have lawfully come into possession of the property and then keeps or uses the property in an unauthorised way;


• Section 4 "property" includes all personalty, i.e. land itself cannot be stolen but anything severed from the land (with the exception of wild flowers) can be stolen, as can intangible property such as a chose in action; however it seems that the term does not extend to all intangible property, as information (Oxford v. Moss) and trade secrets (R v. Absolom, The Times, 14 September 1983) have been held not to fall within the Section 4 definition of property.


• Section 5 "belonging to another" requires a distinction to be made between
  ownership, possession and control:
  • ownership is where a person is not legally accountable to anyone else for the use of the property:
  • possession is where a person is only because it had been physically removed but there were two issues to be decided:
  • did the car "belong to another"? The garage had a lien i.e. a "proprietary right or interest" in the car as security for the unpaid bill and this gave the garage a better right than the owner to possess the car at the relevant time.
  • what was the relevance of Turner's belief that he could not steal his own property? The defence of mistake of law) only applies if the defendant honestly believes that he has a right in law to act in the given way. Generalised and non-specific beliefs about what the law might
    permit are not a defence.


• Section 6 "with the intent to permanently deprive the other of it" is sufficiently flexible to include situations where the property is later returned. For example, suppose that B, a keen football fan, has bought a ticket for the next home match. T takes the ticket, watches the match and then returns the ticket to B. In this instance, all that T returns is a piece of paper. Its value as a licence to enter the stadium on a particular day has been ermanently lost. Hence, T steals the ticket. Similarly, if T takes a valuable antique but later repents and returns the goods, T has committed the actus reus with the mens rea. The fact that T's conscience forces a change of mind is relevant only for sentencing.

The article goes on to discuss US law regarding theft, and basically says that the states generally prosecute crimes of theft, except in cases of intrastate commerce and "certain narrow categories of theft which directly affect federal agencies."

What is my point? The MPAA claims that "Pirates" are "Theives" and they are "Stealing" movies. They run ads at the beginning of feature films in theaters that claim that downloading is stealing (implies theft) but is it really?

I'm not saying that you SHOULD download movies, I'm not saying there isn't anything wrong with it, I'm just saying that someone needs to explain Theft to the movie industry. Especially for the UK. Let's examine what we need to have in order to classify the obtaining of copyrighted works via an illicit channel--

Section 2:

"dishonesty"

This probably applies. I think we can agree that watching a movie with no compensation to the entity that funded and/or produced the movie would be a bit dishonest. But we need to meet all five criteria. Section 3:

" 'appropriation' which occurs when the defendant wrongfully asserts the rights of ownership over the property."

I don't believe anyone downloading a copy of a motion picture is attempting to assert any rights of ownership. Besides- when you buy a DVD you don't "own" the motion picture, you simply have purchased a restricted-use license to view the movie. Even when legally obtaining a movie, you aren't asserting any rights of ownership, so I do not believe that one could argue that a downloader is asserting any rights of ownership.

Section 4:

"property"

I don't believe you can claim that a digital copy of a motion picture (ones and zeros on a digital storage medium) represents property- it does not leave one place and move to another. If trade secrets are not property, then neither are ones and zeros in a particular order. Assume it is property, if you like. We still have to meet all five requirements.

Section 5:

"belonging to another"

This one is complicated and tricky. I don't think it applies but you may, so I'll give it to you. On to Section 6:

"with the intent to permanently deprive the other of it"

I don't think you can possibly believe that someone having a copy of a motion picture deprives the content owner of it. There isn't any way to argue that section six has been satisfied.

Downloading a movie without paying for it may violate a copyright law, but it can not constitue Theft by the legal definition and thus downloaders may be called "Pirates" but not "Theives."

Did you "steal" that movie? Probably not.

(IANAL)

Idiocracy (2006)

This movie is awesome. And Scary. If your IQ is over 125 you will enjoy it.
(You might enjoy it if your IQ is =< 125 but you probably won't actually get it.)

Plungers

So it turns out that I did not know how to operate a plunger. I know. Crazy.

On Thursday, one of our toilets became a bit backed up, and so I took the plunger after it. It became a slow-drain problem and I noticed that the plunger I was using didn't really fit over the hole at the bottom because of the ovalness of the hole.

So I went to the Mart and got a black plunger with this pull-out thing on the bottom. That fit in there better but I could not make any progress on moving the stuck stuff from the spot it was stuck in.

Back to the Mart and I get some "Liquid Lightning" which is actually a bunch of sulfuric acid and I pour it into the pot as directed- 2oz first, waited a bit, poured in the rest. Then The Son tells me that he put some "stuff" in there to try and unclog it-- after I've read this whole label about how dangerous mixing chemicals is and how just adding hot water to sulfuric acid will cause a "VIOLENT REACTION" so I flush the $12 worth of juice right on down- it's still slow draining at this point. I flush a few more times over the next hour and let it drain down and then I'm pretty sure I've got all the chemicals out, so I go back to the Mart and get another bottle of $12 juice. 2oz in, wait a bit, pour in the rest, wait "at least 20 minutes, but not more than 20 minutes" as instructed by the label (It Is A Felony To Use The Product In A Manner Inconsistent With Its Labeling, you know...) and I push the lever down. Bowl fills. I wait a beat, flush again. Bowl fills more- this time right up to the bottom of the inside rim. Another flush and it's going over, and this water is BROWN.

I decide to wait it out- an hour or so and it should be down some, right? 18 hours later it hasn't moved a bit. I plunge some more (I can't add any more chemicals now because I've got 32oz of sulfuric acid in there now!) and wait and plunge and wait.

I'm about read to go back to the Mart and get a snake (can't find ours anywhere) when I decide to see if there are any tricks I can use to get this thing unclogged. Google gives me a great article on how to unclog a toilet, which had three important things, only one of which I had learned:

1. Don't use the cheap round rubber plungers. They don't work. (I figured this one out my own self)
   
2. Plunge with water in the plunger, not air. (I had been trying to make sure it always had air in it. I don't know why. Somehow I imagined pushing air would be stronger, even though that really doesn't make sense)
   
3. Plunge out, then in, repeating the back and forth of WATER (NOT AIR) to work the clog out.
   

So I grab my black plunger and go to work. It took about 40 seconds to clear it out, and another 10 minutes to clean up the mess and mop the bathroom out.

I can rest in the knowledge that I only wasted $24 on chemicals I didn't need, instead of $95 for a plumber I didn't need. (the last time he came out to fix a leak I couldn't figure out how to fix, he just tightened a thing I hadn't noticed on the opposite side of the thing I knew was leaking. 50 seconds and $95 later the leak is no more.)

I probably should own a snake (we used to, but can't find it since the move) but I'm going to hold out until the plunger doesn't cut it.

Are you certified to operate that plunger!?

Extreme Networks Switches

Does anyone know what is up with Extreme Networks? I needed to buy a Summit x150 48t for a job, so I emailed the rep for our area listed on their web site asking how I could get one. He replied by asking me to tell him "a little about" myself.

That seemed weird to me, so I assumed he wanted to know if I was qualified to operate a managed switch? I sent him my list of credentials and certifications and next thing I know I'm getting called by a distributor. Apparently, I can't buy from Extreme directly, because I'm not a distributor. But it doesn't say that on their web site.

I have to buy from the distributor that is assigned to the territory that I am in. So I get a quote, the thing really is too expensive but my client insisted on this switch as part of our installation with them so I don't really have any choice in the matter. I sign a contract with my client for performance and I quote-to-order with the distributor.

Then I get a call from the distributor (who is very nice, by the way) saying that Extreme won't sell the switch to them to sell to me because I'm going to resell it and they "only allow" their distributors to resell. And I can't buy it direct because I'm not a distributor. Are you kidding me!?

A note to Extreme Networks: I know you think that your switches are better than everyone else's, but they aren't. I know you think that a managed network switch is not a commodity, but it is. You need to accept this and get over it. And get over yourselves.

A note to anyone who is thinking of buying an Extreme switch: Buy Cisco or HP. You'll save money, you can shop between competitive vendors in the market, and once it's installed you'll never know the difference anyway.

Just for the record, I've personally bought a LOT of managed and unmanaged switches in my life time.

There is a procurve by HP with 48 ports (they don't make it anymore but it was a very tight 1U design) that I've installed about 10 of, a larger blade version (10 blades with 8 ports each) that I've put in about 20 of (also with gigabit blade modules) and over the course of 10 years I think we had one power supply go out. (we had dual power supplies in the blade chassis, so we're talking about 1 out of 40 power supplies failing in 10 years -- that is pretty good in my book.)

Cisco's catylist line is also very reliable. The only thing I've ever seen go wrong with any Cisco switch was a 48-port stackable 10/100 poe that had the poe go out "all of the sudden." Cisco overnighted another while we swapped the cables to the cold spare on the shelf.

As far as speed and reliability go (I'm sure that is Extreme Network's "selling point") I've never had any issue with speed or reliability in any decently manufactured switch, and I've done a fair bit of testing with a variety of brands and models. I found a tiny latency issue with a DLink (or was it linksys?) switch, but even that wasn't serious under the circumstances. If you're buying an 8 port DLink or Linksys switch then I can bet latency isn't your major concern (cost is or you'd buy something nicer!)

If you happen to have a Extreme Summit x150 48t for sale, please contact me. :)

UPDATE: Here's an interesting side note. The distributor, after I told them not to, shipped the switch directly to my client, with my name on the attn: line. Crazy. I had already ordered the model I needed from CDW (for LESS than what the distributor was going to sell it to me for) after the distributor said that the only way they could sell it to me was to address it to my client, whom I should have never given contact info to. Actually, I didn't give them "contact info", I mentioned a name and they had sold to them before. The point: don't bother with these switches. The pain is not worth it. I've had the thing in my lab against a comparable cisco and you just can not tell the difference in performance.

KFC free = Hoops = SUCKS

If you haven’t used your "free grilled chicken" coupon already, KFC (part of the YUM! company) has some hoops for you to jump through now.

The commercial on TV said that you could download a "Rain Check" at the web site or visit a store to get one, and then he (the CEO) said you could return both the rain check and the original coupon to the store at a later date for redemption, but the web site explains that you must first visit a store to get a rain check and then mail it to KFC (you pay the postage) with your original free meal coupon to (maybe, someday) receive a new coupon for a free grilled chicken meal. At which point they might just change the rules again.

The new coupons will be for a two-week period to be determined by them (ostensibly so they can control traffic/volume) and they’re going to throw in a free drink "for your inconvenience." Wholesale soda is what, $0.02 an ounce? So we spend 42 cents on postage and some more on the additional gas for the extra store visit and they throw in a 38 cent beverage?

I can’t help but think they had to know there would be an “overwhelming response” and planned this as a part of the promotion. (Assume they DIDN'T know there would be an overwhelming response... what does THAT say about these guys?)

They gave away a bunch of chicken, now they are going to restrict the redemption to one per household and get your name and address for marketing in the process. And get you to visit a store twice instead of once.

I’ll take a burrito from Taco Bueno, thanks. (Taco Bell is also owned by Yum!)


http://www.kfc.com/about/newsroom/050709.asp

quick post

Just a quick note.

I started cleaning the garage weekend-before-last and finally got some shelves. I really like the "Muscle Rack" from Lowe's (they lowered it back to $149 from $159 per set) and it's made by a company out of Chicago called Edsal Manufacturing.

Now, if you're a welder, you will NOT be happy with this product because the welds are AWFUL! I can't weld at all, but I generally can make it look a little bit nicer than the welds on these parts!!! But for a garage, they look really nice, because all the welded parts are painted black so you can't tell how ugly they are unless you're up close.

But here's the cool part- I bought four kits, which have 11 pieces each. From the 44 total parts, three were "bad" : one had a bit of welding crud in the wrong place so it couldn't mate with the part it was supposed to mate to, one bit was broken (the particle board shelf) and another bit had the top all crushed in, maybe from a drop or something.

There's a paper inside the big box, you know the drill: "DO NOT RETURN THIS TO THE STORE! CALL US FIRST!" and so I called. It was something like 9pm on a Friday night and I actually was put straight into a real human's voice mail. I left my name and number as the kind voice had instructed and on the following Monday at 8am a very nice lady called to find out what parts I needed.

I told her about the three damaged parts and she asked me where I bought them from. I told her, and she said that was fine and that they would ship me some replacement parts. I gave her my address and one week later I have three huge boxes on my porch with the parts I needed to complete the last shelf! THAT is customer service! This company has it together, as far as I am concerned.

Muscle Rack, Lowe's, $149 on sale! By Edsal Manufacturing, they rock!

Stop by and see my garage sometime! Next post: Garage lighting installed! Finally!