<![CDATA[Comments from rhombopteryx]]> <![CDATA[Comments from rhombopteryx]]> <![CDATA[rhombopteryx commented on Charter Announces It Will Abandon User Tracking]]> @linus:

Sure, I'll believe it. That was just a letter from 1 state AG. Companies hardly tremble over that anymore.

I suspect it was the House of Representatives letter pointing out that monitoring was, um, illegal.

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<![CDATA[rhombopteryx commented on IRS Increases Business Mileage Deductible From 50.5 To 58.5 Cents]]> @Bladefist:

Economics fail... Mileage deductions ARE a form of "subsidy"/ "incentive"/ "deduction"/"break"/"sop to the gass guzzing masses" even if you personally don't want to label it that way. Tax deductions are just another form of subsidy. While you DO have to buy the gas first, the govt. cuts you some $$ slack for doing so - so you ARE being rewarded. Think of it like a mail-in rebate after purchase...

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<![CDATA[rhombopteryx commented on Honda Rolls Out Hydrogen-Powered Fuel Cell Car]]> This is AWESOME!
Using lots of gasoline to inefficiently generate and transport hydrogen, which is then used to inefficiently generate electricity in a car! This is almost as good an idea as using lots of gasoline (and fertilizers) to grow corn, and then transport it, and ferment it, and distill it, and pour it in some other gasoline, and then burn it!

Maybe we can eventually get a car that simultaneously burns ethanol and fuel-cell-converts fossil-fuel-derived hydrogen at such a rate that its efficiency reaches the critical singularity of 0% efficiency. It'll just be a big flash!

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<![CDATA[rhombopteryx commented on Ohio Proposes Punching Payday Lending Industry In The Face]]> @cbartlett:

Yes.
Your annoying nosing around in my private heparin-cutting business is annoying. If I want to cut my heparin (or piss on my meat, or steal from my employees) and I can get away with it, why are you nosing around and making laws against my money-making activites?

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<![CDATA[rhombopteryx commented on CenterPoint Energy Thinks Your Fish Tank Is A Meth Lab, So Police Kick In Your Door]]> @Diet-Orange-Soda:
Let's see: Accuse someone of committing a crime? Check. Announce as much publicly? Check. Being accused of a crime tends to harm your reputation? Check. Over the course of the investigation have it effectively proven to a legal certainty that you weren't a drug maker? Check.

Yeah, I'd say that's enough to amount to slander.
I'd say slander

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<![CDATA[rhombopteryx commented on Making Price Drops Conditional On Extended Warranty Purchase Could Be Illegal]]> As the title of the post points out - "Could Be Illegal." Clearly there's room for some disagreement here, and the article's intended to be news, not legal advice. As different posts on this thread illustate, there's real disagreement about what the law even says - does the "subsequent" mean this or that? Are the two items in one purchase one "transaction?"

The OP didn't reference the statute, yeah, but so what? It didn't reference any supreme court cases on the matter, or any Attorney General's office guidance, or any published local court cases either... All those probably matter too in figuring out what the Michigan law does and doesn't cover. For all Ben knows, that particular statute is trumped by another, more specific statute. As EricaKane points out, there could easily be a more specific statute - insurance law.

Ben's a journalist - writing journalism. That's not the same thing as a lawyer. Besides, everyone knows there's enough pseudo-economists posing as lawyers on the blog to make up for it anyway...

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<![CDATA[rhombopteryx commented on Mugger Used Our Credit Card, Now CapitalOne Sued Us Without Us Knowing For $1200 And Won]]> @bsalamon:

They're her bank, or at least credit card company, and so they have her address. How is putting an ad in a newspaper acceptable if they can mail it to you?

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<![CDATA[rhombopteryx commented on Bank of America announced]]>
"cutting bonuses"

Reading the article, they're still throwing exorbitant wads of cash at senior executives, but just fewer wads this year than usual.

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<![CDATA[rhombopteryx commented on Federal Reserve Extends Its Lending Authority In Bear Stearns Bailout]]> @JustAGuy2:
You should hear about the "evil grocery store" rant.
There's this process where stores invite people in and the people look at the groceries and take them to an aisle and then the checkers take the people's money - and don't give it back.
(Oh. and P.S. the people leave with the groceries.)

Yeah, we could have a serious discussion about taxpayer bailouts or why the Fed is making this loan non-recourse, or whether this was authorised by the laws governing the Fed OR we could travel down the paultard path...

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<![CDATA[rhombopteryx commented on ConEd Asks You To Report Your Power Outages Online]]> Hello - this is funny, because if not for the website you'd have to call the power company on your VOIP phone.... So much more convenient this way.

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<![CDATA[rhombopteryx commented on If you keep a gun in the house,]]> @nequam:

but.. but... but... that's such a fine distinction.... ;)

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<![CDATA[rhombopteryx commented on Credit Card Victims Muzzled, Ordered To Release Financial Histories Before Sharing Their Experiences]]> @ADismalScience:

First off, stop being such an apologist for bad behavior. This was clearly intended to, and clearly did, have an intimidation effect. If anyone wanted to contest the truth of what the individuals (intended to) say, the individuals were going to talk - you know, statements made out loud that can subsequently be easily verified or disproved by anyone. It's not like they were going to whisper secret coded meanings that required a decryptred transcript beforehand. As cuiusquimodi points out, lying in Congressional testimony is a federal offense anyway, so lying is not exactly likely. The speakers' entire credit records and financial history don't need to be 'released' in the name of fairness. Only the transactions actually testified about could possibly need verifying - and everyone will know about those transactions as soon as the speakers open their mouth, signed waiver or no.

Waving your hands and pointing to totally unrelated quarterly financial reporting obligations of the credit card companies is entirely missing the point. Yes, those companies do file some form detailing profits and losses somewhere, but so what? That has nothing to do with the subject of their abusive credit card practices. The consumers who were going to testify file taxes with the IRS, so by your logic, hey -they've put out the requisite records - what are you still complaining about?

Finally, if the committee was going to make ridiculous, intimidating demands, how about some consistency? As Elizabeth Warren aptly points out, "fair is fair" doesn't apply when the Credit Card Cos. weren't required to provide any records, data, or verification at all for any of their testimony, much less sign a release forever granting other parties the rights to see their underlying data. Why not say "fair is fair," and actually require the Credit Card shills to actually put up data for B.S. assertions like "this legislation will cause rates to rise xyz percent" before they are permitted to testify.

And in a final sweet note of poetic justice, at the hearing Rep. Spencer Bachaus (R-citibank) said that there was originally a "bipartisan" agreement to require these consumers to sign the waivers. Then the Democrats changed the terms of the deal "after the fact." Gosh, it must really be sucky and unfair when someone (or some credit card company) changes the terms of an agreement (or credit card rate) on you unilaterally without notice "after the fact."

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<![CDATA[rhombopteryx commented on If you keep a gun in the house,]]> @anapex:
Statistics, damned statistics, and lies.
The article is in the New England Journal of Medicine. The Wikipedia article about the principal author also links to critiques and gives good background.
There's no shortage of other critiques over this type of work, but the data is compelling, and suggests the risk is greater than the benefit.

On the other hand, it's nothing compared to car usage...

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<![CDATA[rhombopteryx commented on Congress To Subprime CEOs: How Come You Got Paid Millions To Wreck The Economy? Hm?]]> @SarcasticDwarf:
Exactly - pointing the "finger of blame" - ooooohhh. How's that fix stuff?
Thing is, do we want what Congress has been offering for solutions lately? Maybe for Congress sitting in the bottom of a hole pointing fingers is better than sitting in the bottom of a hole making shovels.

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<![CDATA[rhombopteryx commented on Congress To Subprime CEOs: How Come You Got Paid Millions To Wreck The Economy? Hm?]]> @Congress:
How come you get paid more millions and you wreck the economy?

Seriously, who's had the power to do something about it for, oh, 232 years and just made things worse?

At the first whiff of campaign cash Congress rolled back most every financial regulation since the Depression, (cough Gramm-Leach-Bliley) preempted stronger state laws that protected consumers, (cough OFHEO and OCC) relaxed capital and lending requirements, and reduced transparency obligations. El Jefe GWB is catching lotsa well-earned crep for doing diddley about this, but Congress passed the laws that opened the doors up to this deception and mess in the first place. Congress isn't grandstanding (well, maybe they are) they're scape-goating.

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<![CDATA[rhombopteryx commented on If you keep a gun in the house,]]> @Squeezer99:
Because maybe they want the gun not to get stolen?
Or maybe they know that the gun is orders of magnitude more likely to be used to harm a family member (in an accident or a fit of rage) than to harm an intruder?

All the legality (or illegality, for that matter - this holds true in gun-control-crazy cities, too) of keeping loaded handguns around doesn't change the fact that the gun is more likely to be stolen or used on a family member than it is to be used in self defense.

There's laws, and then there's statistics.

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<![CDATA[rhombopteryx commented on A TSA screener contaminated]]> @mcquetm:
We have, and every federal court that's been faced with it says it's ok, it doesn't need passenger consent, it's an "administrative or special needs exception" to the 4th Amendment. You know, the one clearly spelled out right there in the Bill of Rights.

Most of them throw in a disclaimer to the effect of "it's searching for bombs and hijack tools, it's not like it's police searching for criminal evidence."

Interestingly enough, when people do get arrested as a result of a TSA search that finds criminal evidence, the court conveniently then says "what did you expect, you consented to a search?"

The only way out is to say "screw airlines, I'm taking the train." Oh wait...

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<![CDATA[rhombopteryx commented on HSBC Refunds $35 Fee, Not To Correct Their Mistake, But Because You Have A Deadly Brain Tumor]]> @KenSPT:
Seconded!

If you're living so that the last check you ever write bounces, how much more sweet poetic justice would it be for that check to go to some @#$%$%%$ financial company to pay their stupid overdraft or 'out of network' ATM fees?

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<![CDATA[rhombopteryx commented on Patients Blind When Health Care Comparison Shopping]]> "Comparison Shopping"

Really?
The average american barely has health insurance, with that insurance limiting them to the few doctors who've agreed to cut enough corners to get their prices down to the insurer's level.

This is like saying the average starving Ethiopian doesn't know how to pick the most healthy desserts.

I feel really bad for that poor, poor medical consumer who has a choice of which health care they'll receive, and then blows it because they aren't better informed...

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<![CDATA[rhombopteryx commented on Should You Buy A Monkey?]]> 1) Do you eaven have to ask? Yes, you should.
2) Don't fear the lemur horror stories, lemurs aren't monkeys. They are evil 2nd cousins.
3) Make sure the Monkey you buy isn't mispelled or mislabelled. If it has 2 "e"s in its name, or responds to 'Davy Jones,' or 'Mickey Dolenz', make sure its the one you want. These may be able to play the little street organ better than most, but may also try to sing.

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<![CDATA[rhombopteryx commented on Estimated Hourly Wages For The Lowest Paying Jobs In The U.S.]]> @BayStateDarren:
Chance of getting hit by a car = rather high.
Chance of pocketing tolls if they don't pay you enough = rather high.

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<![CDATA[rhombopteryx commented on How Bad Are Check-Cashing Fees Really?]]> So, in other words - "Bank Fees About as Bad as Check Cashing Scams."

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<![CDATA[rhombopteryx commented on AT&T Mobility Agrees To Refund Money To Florida Customers & Pay $2.5 Million To State's CyberFraud Task Force]]> @econobiker:
Good luck on that little bit of legal advice...
Almost everywhere in the US people pay lip service to the idea that minors can't contract, but almost everywhere there are also rules obligating the parents anyway, or preventing the minor from making that argument if they received a benefit, or presuming "re-agreement" the moment the kid turns 18, or somesuch.

Moral of the story - don't run too far or two fast with that little legal scissor, it's got some sharp exceptions.

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<![CDATA[rhombopteryx commented on 50 Small to Midsize Banks Could Fail Next Year]]> @swalve:

That's pretty much average.

That's what I thought at first too, but apparently not. As TOA sez:
During the last four years, just four United States banks have failed.

So that's around 50x average.
Ooops...

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<![CDATA[rhombopteryx commented on Network Solutions Sued For Front-Running Domain Names]]> @LatherRinseRepeat:
While your point is valid, the lesson doesn't need to be "buy up everything to prevent them from hijacking you."
Why can't it just be "hey, these askhats are committing fraud, bust them." This practice is wrong and fraudulent.

Consumers shouldn't have to get into some type of technical arms race (using anonymized whois clients), or forced to avoid lookups until they are certain of what they want, or get shafted by monopoly-abusing registries.
Consumers should be able to get market information ("is this product for sale, and for how much?") without having the monopoly vendor lock down the goods and say "well, since I know you are interested, it'll be $20 more for you than the usual price..."

The solution to fraud isn't be faster or sneakier - it is to call it fraud and put a stop to it.

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<![CDATA[rhombopteryx commented on The Humane Society of America]]>

A U.S. Department of Agriculture rule change made in July allows some downer cows into the food supply.

Come on! Why stop half way? Why couldn't the US Department of Agribusiness just repeal the whole rule?

Cows that are too sick to walk due to disease or injury are probly more tender anyway...

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<![CDATA[rhombopteryx commented on HSBC Is The Most Identity-Theft Prone Bank]]> @JohnMc & Savvy99:
As Ben (and TFA) sez:

What would be ideal is if the number of incidents were ranked by the number of accounts at the bank, not the total number of deposits. However, banks closely guard the number of their depositors and so for now, this is the best we have.

As in, "we don't have the best measure because the banks play 'hide the ball,' so we'll use the second best measure."
Saying who has the most incidents is meaningless on its own. What's best is incidents/account, and incidents/$$$ is a better approximation than just "incidents." Just "incidents" means the biggest bank is always #1, even if it's 5x safer than a smaller bank with 1/10th the customers.

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<![CDATA[rhombopteryx commented on Tax Cat: Let's Learn About "Necessary And Ordinary Business Expenses"]]> There's absolutely nothing more entertaining (or less reliable) on teh internets than free tax advice!!!

So I'll join the fun. We're talking about ordinary business expenses here, which first requires that you be operating a business. Who cares about the 'laugh test' or whether it's on a list somewhere if you're (like the majority of the US) not actually operating as a business?
As expected, the IRS has rules about what constitutes a business and what doesn't. Rules like it being your livelihood, you having a license for it, actually making a profit from it, etc. Make sure you think about this first step before rushing down the path of business deductions. There's a reason the majority of IRS audits are over disputed business expenses.

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<![CDATA[rhombopteryx commented on TSA Brings All The Signage Of Skiing To Security Lines, None Of The Fun]]> @Christo67:
I hope as a Father you're also explaining to your kid why the whole idea is offensive and 'freedom-hating' too.
As a citizen I hope they scrap the whole thing. The quickest way to help people get on a plane is to not throw a useless security line in front of them at all, much less three lines.

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<![CDATA[rhombopteryx commented on TSA Brings All The Signage Of Skiing To Security Lines, None Of The Fun]]> @sir_eccles:

Godwin's law, yes, but also true....

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<![CDATA[rhombopteryx commented on CSO Maps State-By-State Data Breach Disclosure Laws]]> Awesome, according to the map, every single federal law would preempt stronger state laws and prevent identity theft victims from suing the person who leaked the data!
That means every Senator or Congressperson who sponsored one of the bills thinks their own state legislature is too stupid to pass a good law, so they're stopping them.

Congress cares! (about their banking and data mining corporate contributors who have sloppy data protection....)

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<![CDATA[rhombopteryx commented on After Further Review, NFL Decides Churches Will Be Allowed To Host SuperBowl Parties]]> @samurailynn:

We need legislation for this? This is why our government is so ridiculous.

Unfortunately, the US. Because there is already federal law that says just how many inches wide a TV can be before it's a copyright violation to show things on it in public, we do... It's ridiculous, sure, but it ridiculousness to repair earlier ridiculousness.
Here's hoping the legislation actually passes.

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<![CDATA[rhombopteryx commented on Payday Lenders Convince Elderly To Assign Social Security Checks To Them, Hand Back Allowances]]> Glad that those "voluntary best practice guidlines" that federal regulators suggested are being strictly followed by banks and lenders. Voluntary self-regulation wins again!

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<![CDATA[rhombopteryx commented on Home Depot, Lord & Taylor, Walmart Hire Law Firms To Harass, Bully Alleged Shoplifters]]> @TinyBug:
You're right that most of the laws only give immunity to shopkeepers if they have some kind of reasonable suspicion or similar standard, so yes, that's more precise. But that's not much of a difference...

The particular level of suspicion the shopkeeper must have is often less that what it takes for a cop to arrest. How wack is that? In a situation where cop couldn't arrest you, a shopkeeper can take you and drag you, physically, into a back room, handcuff you, and keep you there for some time 'til they call the cops. And you probably couldn't (sucessfully) sue.

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<![CDATA[rhombopteryx commented on Home Depot, Lord & Taylor, Walmart Hire Law Firms To Harass, Bully Alleged Shoplifters]]> @GearheadGeek:

unless they could successfully get the cage dismissed...

That's my point - you can't bring a successful case (civil or criminal) because the state has a law making them exempt from suit. Sure, you can file a lawsuit, but the judge will point to the law and say "you loose."
Unless they don't follow the particulars of the law (don't notify police, don't have a reasonable suspicion, etc.) the deck is stacked for them.

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<![CDATA[rhombopteryx commented on Home Depot, Lord & Taylor, Walmart Hire Law Firms To Harass, Bully Alleged Shoplifters]]> @bohemian:
And that's exactly why the whole "shopkeepers exepmtion" or "shopkeepers privilege" or whatever pretty much every particular state has blows soo much. Kidnapping & false imprisonment should be crimes, not crimes "unless the person doing it is a shopkeeper."

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<![CDATA[rhombopteryx commented on Two Georgia Gas Stations Closed For Shorting Customers]]> @cunnij98:
As already pointed out, gas taxes pay for roads..i

But even so, raising gas taxes to properly capture the cost of externalities isn't bad - it's the hallmark of fully-informed free market pricing. Raising them to the actual free-market level where they'd accurately reflect things like their own pollution would be a good first step, that way people wouldn't over-consume what is effectively a commodity subsidized by the lung and heart damage of US citizens. If you buy into the evidence-based reality that gas burning has climate impacts too, you should probably tax gas to capture that impact too.

Otherwise you must be one of those who support wasteful govt. subsidies, and hates the fully-informed free market's ability to accurately set prices.

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<![CDATA[rhombopteryx commented on Suggestion: Don't Try To Smuggle A Box Cutter Through Airport Security]]>

rap music lyrics referencing police, drugs and guns.

Let's hope TSA doesn't ban that...

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<![CDATA[rhombopteryx commented on Home Depot, Lord & Taylor, Walmart Hire Law Firms To Harass, Bully Alleged Shoplifters]]> @emjsea:
"I saw you put that in your cart! Now you're just surfing off the page to another store - are you going to pay for that or not?"

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<![CDATA[rhombopteryx commented on Home Depot, Lord & Taylor, Walmart Hire Law Firms To Harass, Bully Alleged Shoplifters]]> @azntg:

Second that.

It's not suspect at all that the law firm gets a categorical cut of any settlement? Sure sounds to me like the law firm has a conflict between its wallet and its obligation to only take meritorious cases. I'm pretty sure that most states have laws against lawfirms going into business with their clients.

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