[MUD-Dev] Re: MUD-Dev digest, Vol 1 #216 - 11 msgs

[Jon Lambert]

Greg Miller wrote:
> Sent: Wednesday, September 06, 2000 9:50 AM
> To: mud-dev at kanga.nu
> Subject: [MUD-Dev] Re: MUD-Dev digest, Vol 1 #216 - 11 msgs
> 
> 
> > From: "Madrona Tree" <madronatree at hotmail.com>
> > But the question is: Should someone be able to volunteer for a for-profit
> > corporation?  Should for-profit corporations solicit volunteers?  I think
> > the answer is no.
> 
> Here, we have a fundamental disagreement. I believe letting people do 
> what they want should be the default. Exceptions should be made 
> reluctantly. Is it really any of the government's business if I choose 
> to provide my services for free?

I agree 100%.  I'd also like to point out that the distinctions
between employee and non-employee are purely regulatory, arbitrary, and
have ZERO basis in legislative action.  As a matter of fact the 20 questions
asked to determine whether one is an employee or not, are based on the 
feudal obligations of English lords circa the time the Magna Carta was 
signed.  In any event the Internal Revenue Service has never provided
any system or guidelines as to what constitutes an affimative or negative
response in regards to weighting of the questions or the proportion of 
questions required in determining employment or non-employement.  The legal 
precedence in this area is contradictory and not uniform.  I've dealt
with these employee issues a lot being a contractor and sub-contractor
for 10 years.  

So there is no way of knowing where this case will end up and there is
even less surety whether the precedent set will have any meaning or 
lasting effects.  Only future litigation is certain. ;-)

I'd also like to point out that the profit and non-profit distinction
is yet another tax regulatory distinction.  This one however does have 
a legislative origin.  While one could make moral distinctions based 
on some entities arbitrary assigned or chosen tax status, I don't think 
it (tax status) is necessarily an accurate indicator of such an entities 
primary motivations or purpose.  

-----
I do not see any fundamental differences in MUDS whether they be run 
for profit or as not for profit.  I think the distinction is primarily 
superficial and in perception.  <---that's right!
-----

In any event, I view such frivilous tort actions by a few ne'er-do-wells
against wealthy and profitable business to be fundamentally destructive 
and dangerous to enterprise, society and the community as a whole.  In 
essence, the net effect actually makes large mega-corporations stronger 
and hurts smaller enterprises who cannot afford the to comply with increased
regulation or compete with increased potential liability costs; all of
which WILL invariably follow each successfully argued case.  AOL wins 
this case either way.  If you are smaller you lose.  
OBNOTE: I do not think all tort is frivolous BTW.  
There are analogies to be found here in the agriculture industry 
which I won't bother to go into since it takes us too far afield (pun). 
:-)

I think the affect on small muds, should they be confronted by such 
litigators, will be to immediately shut down and just startup as 
something else somewhere else.  The anonymity and international nature 
of the net can also be used to escape those who seek to use government 
authority as a club and lawyer thugs as mechanisms to steal from others. 

I've noticed there do exist a large number of people who make moral 
distinctions between stealing from AOL, stealing from EQ, stealing 
from MyForProfitMud, and/or MyNotForProfitMud.  In other words the
more money you have on hand, the more deserving you are of having it 
forcefully taken away.  :-P

--
--* Jon A. Lambert - TychoMUD        Email:tychomud at ix.netcom.com *--
--* Mud Server Developer's Page <http://tychomud.home.netcom.com> *--
--* Thou shalt not lie with mankind, as with womankind:  it is    *-- 
--* abomination. - Lev. 20:18                                     *--




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