Amazon Loses Tax Battle with Texas and Other States
May 16, 2012
Engadget’s Sean Buckley recently reported on Amazon’s tax troubles in the article, “Amazon to Collect Sales Tax, Create 2,500 Jobs in Texas.”
According to the article, starting July 1 Amazon, occupying 20 percent of all US online retail sales, will begin collecting a 6.25 percent sales tax on all of its products in Texas. The deal promises to bring more jobs to the state.
Buckley writes:
“The settlement resolves the online retailer’s ongoing dispute with the Lone Star state, which claimed that Amazon owed $269 million in back taxes. In addition to taking up collection, Amazon has agreed to create at least 2,500 jobs and invest a minimum of $200 million in capital investments, though it admits no fault, and believes the assessment was without merit, according to its latest SEC filing.”
Following Kansas, Kentucky, New York, North Dakota and Washington, Texas is the sixth state to collect sales tax from Amazon. This isn’t the end either, there are several other states on the horizon looking to fight the pesky sales tax battle with the online retail giant.
Jasmine Ashton, May 16, 2012
Sponsored by HighGainBlog
The Wiinner in Google vs Oracle?
May 7, 2012
Who could miss the coverage of the decision from the Google Oracle Java trial? I read “Google Infringed on Oracle Copyrights, Jury Finds, but Leaves Key Question Unanswered.” The story is a pretty good write up. Like most of the stories, the question of “Who won?” goes unanswered. Here’s the answer: The lawyers. Is this a good thing? It is for the legal eagles.
Stephen E Arnold, May 8, 2012
Sponsored by Polyspot
Oracle and Google Continue to Battle Over Copyright Allegations
May 6, 2012
Groklaw recently reported on the ongoing copyright lawsuit filed by Oracle against Google over the Java code being used in Android in the article “Judge Alsup Decides He, Not the Jury, Will Decide the Issue of API Copyrightability.”
In the article, the writer provides several transcripts from the trail that support the claim that this is a definite win for Google and highlight Oracle’s pettiness. By allowing Judge Alsup to make the final call in this trial Oracle will be prevented from confusing a non technical jury that doesn’t have a strong understanding of the law.
When quoting another Groklaw writer, the article states:
“So the question is, given that the Java programming language is licensed under GPLv2, are the APIs and associated class libraries necessary to make programs run in the Java language “associated interface definition files?” If so, one could argue that those 37 APIs are a part of the “work as a whole” (the Java programming language) and, thus, also subject to the GPLv2. Interesting.”
When big names like Oracle and Google are involved with a trial, it’s difficult to get an objective jury. Add a lack of technical knowledge to the equation and its nearly impossible for a jury to make a sound and educated ruling.
Once this matter is resolved, Google may face more scrutiny in Europe. Google may not be distracted but I am. The jury seems to be struggling. Whatever the decision, Google and Oracle will be scuffling for months, maybe years.
Cynthia Murrell, May 6, 2012
Sponsored by PolySpot
More Legal Hassles for Google
May 4, 2012
When you climb to the peak of a mountain, you either set up camp or go back down. It appears Google forgot to pack a tent and might be losing their foothold according to, Google target of new federal privacy probe – San Jose Mercury News. This behemoth in the industry has been facing one challenge after another due to inner issues they seem hesitant to correct.
Initially, their fall from grace harbored around hindering investigations. Apparently they didn’t learn from their mistakes as:
“Hard on the heels of being fined $25,000 for allegedly blocking a federal privacy investigation, Google is enmeshed in a second federal probe into its privacy practices that could soon bring a more painful hit to the search giant’s pocketbook, this newspaper has learned.
The Federal Trade Commission is deep into an investigation of Google’s actions in bypassing the default privacy settings of the Safari browser for Google users.”
A $25,000 fine is nothing compared to the revenue they generate, however, how many fines must they incur before they make the policy changes necessary to keep them out of legal trouble. Though they say their cooperating, one has to wonder if Google realizes the damage being done to their reputation. Will Google wise up, or continue to face more legal hassles.
Jennifer Shockley, May 4, 2012
Sponsored by Ikanow
Oracle Google: An Interesting View
April 30, 2012
I read “My attitude on Oracle v Google.” I was confused. The “inside baseball” write up references folks by their first name. There is, therefore, some ambiguity, which in legal matters is often a quite effective rhetorical technique. I noted this passage:
Just because Sun didn’t have patent suits in our genetic code doesn’t mean we didn’t feel wronged. While I have differences with Oracle, in this case they are in the right. Google totally slimed Sun.
The post is by James Gosling, whom I associate with Sun’s rise and fall, Java, and some interesting wordsmithing.
My takeaway from the short item was that emotion, not engineering seems to be important in the Oracle Google dust up. The other value of the post is that it triggered a quite interesting comment from Bruno Lowagie, who opined:
I hope Oracle wins, not regarding the ‘copyright on APIs’, but because Google doesn’t respect copyright in general. As for Apache, ASL stands for the Apache Slavery License doesn’t it? Large corporations encourage you to use the ASL instead of the GPL so that they can make money using the code, whereas the developer can hardly make any money writing it.
Yikes, slavery. Perhaps Mr. Lowagie is angling for a project at Oracle, an outstanding employer.
Stephen E Arnold, April 30, 2012
Sponsored by PolySpot
Google FCC Street View Document
April 29, 2012
Looking for the redacted report. Try this link. No comment from Kentucky, however. The situation speaks for itself. The fine is also an important signal about how the FCC perceives the “misstep.”
Stephen E Arnold, April 28, 2012
Sponsored by no human.
Goldman Sachs in Hot Water Again
April 18, 2012
Info sharing the MBA way: The Washington Post announces that “Goldman Fined $22M for ‘Willfully’ Violating Law on Information-Sharing, SEC Says.” Apparently, the SEC had a problem with the weekly “huddles” with favored clients that Goldman Sachs held from 2006 to 2011. The article reveals:
“The agency did not accuse Goldman of insider trading, but it essentially said the firm created an environment in which systematic trading based on advance information could have gone unchecked. In this case, the information was the ‘buy’ or ‘sell’ recommendations and other stock analysis by the firm’s own employees. “Goldman agreed to pay a $22 million penalty to settle the agency’s administrative case and a parallel action by the Financial Industry Regulatory Authority (Finra), an industry self-regulatory group. Goldman also agreed to be censured and to change its policies and procedures, the SEC said.”
Well, that ought to do it; I’m sure the firm has learned its lesson.
Finished laughing? In fact, Goldman has faced plenty of these measly (to them) fines for missteps, and it just keeps stepping. In this case, though, the announcement comes on the heels of the bad press caused by former employee Greg Smith’s resignation statement he had published in the New York Times. (If you haven’t read it yet, check it out here. It’s a doozy.) Will the timing matter?
Goldman Sachs keeps finding itself in hot water, but don’t worry. I’m sure its executives will be just fine in their insulated golden life rafts. I wonder if MBAs know what the buoyancy of golden life vest is.
Cynthia Murrell, April 18, 2012
Sponsored by Pandia.com
More Googley Legal Action
April 17, 2012
We find more legal hassles for Google in “TQP Sues Another Round of Companies on Cryptography Patent.” TQP claims Google uses a patented method (patent ’730, filed in 1992) for transmitting data as a sequence of blocks in encrypted form over a communication link. According to the allegations, this patent is broken every time someone connects to one of Google’s Web sites. See the article for the technical details.
TQP is no stranger to patent lawsuits. In fact, the write up tells us:
“TQP has been very active since late 2008, suing hundreds major corporations in multiple lawsuits. TQP, a Texas company, has filed each case in the Eastern District of Texas, a popular venue for patent plaintiffs. While some of the defendants have settled with TQP, others are continuing to litigate the patent.”
Patent wizards are experts that we feed and nurture. Will common sense prevail, or will the patent wizards continue to grow more important? I suppose it is good for Acapulco condo brokers and Mercedes dealers. For innovation, well, maybe not so useful.
Cynthia Murrell, April 17, 2012
Sponsored by Pandia.com
Google and European Commission Questions
April 10, 2012
Tech Crunch recently reported on new developments in the European antitrust investigation of Google in the article, “Consumer Group Turns the Screws In Euro Google Antitrust Investigation.”
According to the article, a consumer rights group known as the European Consumers’ Organization (BEUC) says that they expect the Competition Commission to release its findings within days– quite a feat considering the fact that it usually takes years for these decisions to emerge.
The article quotes a letter alleging that Google has used search results to restrict access to its competitors while driving traffic to its own services.
The article states:
“Within search, BEUC points out that it provides specific results that also drive traffic to its other services covering areas like maps, video and books (Google Maps, YouTube and Google Books, respectively). It doesn’t mention advertising, although ultimately that is the glue that connects Google’s business, and is another area where the company has created a strong position as a result of its position in search.”
Whether or not Google’s search dominance is enough to stifle competitors, it is difficult to ignore this potential threat when the search giant holds 91 percent and 97 percent of the search market.
Jasmine Ashton, April 10, 2012
Sponsored by Pandia.com
Google and Viacom: A Reprise the Ground Hog Day Way
April 6, 2012
Wow, Ground Hog Day.
I read “Viacom’s Copyright Suit Against Google’s YouTube Reinstated.” The key passage in my opinion was:
The U.S. Court of Appeals in Manhattan today reversed a lower court’s decision to throw out the case before trial. The lower-court judge had said YouTube was protected from liability because it removed infringing videos when notified.
Good news for the lawyers billing the parties to the matter. For me, more legal process, which is 2012’s approach to innovation. I can conceptualize Google’s management explaining that Viacom was just kidding around in order to motivate the Viacom staff. I am not sure Viacom will be as complacent as Steve Jobs has been toward Google’s interpretation of Apple’s view of Android.
One can never anticipate how a person in a suit will react to someone with a laptop and little interest in discussing a deal. Gym attire and perspiration are not part of the Viacom way. But wait, that situation never happened. Viacom is just kidding around.
Stephen E Arnold, April 6, 2012
Sponsored by Pandia.com
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