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I've seen this but with the guy's manager being the blocker. Manager tells high-performing employee that he's gone (probably for some BS personal reason--the guy was good), but company policy is that he gets two weeks notice before his last day, and if he can find another team to transfer to, then he can stay. Well, since he's a great employee, multiple teams are interested, but Manager blocks them all, and the guy ends up having to leave.

You can graduate from high school and leave your hometown, but the attitudes of high school remain in the office: the cliques, the cruelty, the in-groups and out-groups, the manipulation, the brown-nosing, the behind-the-back-shit-talking. The C students from your high school are now mid level managers above you and brought the mentality straight from there to the office.

Exactly. Generally, when one company institutes pay freezes, they're probably also in a hiring freeze, along with the rest of the industry. Everything's nice and coordinated and they all use the same "macroeconomic environment" as the excuse. So an employee doesn't really have the option to just hop jobs, nobody else is hiring. Ironically, the best time to hop jobs is when you're getting raises because the economy is strong and everyone else is hiring.

Exactly this. I worked for a place long ago, where we had this junior guy who basically didn't have a life. He just wanted to code. He stayed late every day, and would occasionally come in on the weekends and code all day. He was not making any extra (in fact since he was junior he was probably making much less than the rest of the team). He was not angling for a promotion from what I could tell. He just liked to code and that was his entire life. Well, his manager gave him some public praise once over E-mail, basically saying the project was moving along much faster due to how productive you are. That's all it took. Suddenly, the whole team felt pressure to pull 60-80 hour weeks and burn themselves out. And we didn't really get that much more done, because it was 80 low-quality burned out, demoralized hours, not 40 high-quality hours. The team eventually disintegrated along with the company during one of the tech downturns. All that wasted stress because one guy doesn't have a family or hobby.

> All that wasted stress because one guy doesn't have a family or hobby.

It reads like the real problem was that the other developers fell into what developers seem to love more than anything: Pedantry. Instead of playing along with the false praise, they set out to prove the claim in the email wrong.


Regardless, there was a problem.

There sounds a lot more issues with that team, personalities, and company vs "one guy doesn't have a family or hobby"...

I keep hearing about these "network placed" jobs on HN, but in 25 years, I've never seen it myself. I keep good relationships with former co-workers, we maintain group chats for each of my previous companies where we keep each other up on our careers. I even went to barbecues hosted by a former manager, until he moved out of the Bay Area. None of these have ever actually materialized into a job. It just doesn't work that way. We're all entry level worker bees and don't have any way to put our thumb on the scale at our own companies. If someone in my network reaches out to me asking for help with getting a job at MyCompany, the best I can do is review his resume, coach him on interviews, and then ultimately point him to the link in the job board, where 90% chance he will be ghosted.

Where are these companies where I can tell my boss "Hey, Mike is a good programmer and he just applied. Just give him the job without interviewing! Or accelerate him through the process!" I suppose if it were a two person startup where it was me and my boss you could do that, but at a normal 1000 person CRUD shop with dedicated HR machinery? No way.


I'll give you a couple of examples I've been involved with:

1. I was applying for a job at Company A and I had a former co-worker working there. I think it was down to me and 2 other people and the manager asked my former co-worker about me and I believe his feedback tipped the scales in my favor.

2. Same situation as above but in this case it was my feedback. A different former co-worker was applying for a job at Company A(now that I was working there) and the manager hiring asked both me and my former and now present co-worker about the candidate as it was between him and another person.

3. A former manager straight up offered me a position at his new job because I'd be a good fit for the role as they were building exactly what I had done before. I turned him down(nicely) as I had stepped away from that particular type of work.

4. I've given negative feedback on a candidate that I'd worked with that was interviewing for an open role but it wasn't just me. All 3 of us including co-workers from (1) and (2) above had previously worked with the candidate and we didn't think he'd be a good fit for our org but it was ultimately up the manager of the team that was hiring to make the decision.

Granted I'm at a smaller company but these "network placed" jobs do happen. Sometimes it's just tipping the scales and sometimes it's a straight up job and sometimes it could be the reason you didn't get the job.


On the flip side I’ve worked in 4 companies over 12 years and 2/4 were jobs that I got because I knew someone. The other two, a significant cohort of the people who worked there knew each other from previous workplaces.

Nobody is getting jobs without any interviews, but people are absolutely getting interviewed before/without a job listing, or starting the initial screen with recruiter/hiring manager with an upper hand of “Mike said you’re good to work with”. Even at a 1000 person company with HR.


>> I keep hearing about these "network placed" jobs on HN, but in 25 years, I've never seen it myself.

Same here, also =~ 25 years (working as a professional programmer since 2001). I never had a problem finding a job myself (either switching jobs or being laid off, it happens) but it was always "cold calling", apply on a job board / Linked In and go through the interview without any referral or inside help.

And when I tried to refer someone, they were blissfully ignored. Even had managers / HR go after me: "we need someone ASAP, don't you have some referrals?". Reached my acquaintances among former workmates, convinced them to make a personalized CV so I can send it to HR, nothing happened next. They didn't even call the guy, completely "forget about it".

So I learned my lesson of corporate helplessness and don't give a fuck anymore. Don't recommend anyone, don't care if HR or managers need someone urgently, I do my job and don't get involved with anyone else anymore.


Yup, another similar situation here - ~20 years in Bay Area, almost 15 years at one company, no one in my "network" said anything about jobs. I did contact a few directly and "not hiring right now". A bunch of others (since I was one of the younger ones at this company when I joined in '08) had since retired.

Got a new job through a LinkedIn ad, found a former co-worker here.

I mean, it could be that I'm not a great networking person, but.. I'll agree that network hasn't helped me much so far.


> We're all entry level worker bees

You're going to need to pitch your buddies a lot more aggressively than that.

You've worked closely with Mike in the past at ExampleCorp, where he was one of the team's top contributors. He was great at code reviewing, a calm and reliable voice during production incidents, and always ready to help out new graduates. Mike was the guy people turned to with their most difficult WidgetStack bugs, fixing problems that had stumped other developers. He would be a great asset to the company, and a great fit for this role - which you note needs WidgetStack. He has your strongest possible recommendation.

The thing is - the pitch also has to be true.


Well, there's also a difference between liking someone and liking to work with them. I've had a lot of coworkers I liked that I wouldn't bend over backwards to hire. That said, this process might not work at Google or what have you.

I've never worked in a company so large that I couldn't go a step further and actually talk to the hiring manager and tell them they would be stupid not to take someone's resume seriously. But it's more about fast tracking the interview than skipping it. No one is just going to blindly hire referrals. They shouldn't anyway.


> We're all entry level worker bees

Not one of your former managers that like you has gone on to high-level positions?


That's not how it works. What happens is an organization decides to hire for some reason, now has the problem that good candidates are hard to find. So people say "well I know this guy who I worked with at xxx that's looking for a job".

90% of the times referrals result in corruption. If I am investing, I do not want my money being usurped by the corrupt. I want profit from the competent.

This betrays a fundamental misunderstanding of how the world works. There’s a great bit in Margin Call about this: Kevin Spacey’s character challenges the plan to sell the firm’s entire MBS portfolio with the point that once their counterparties figure out they’ve been sold a bag, they will never trust them again. The firm insists on the plan anyway, so when Spacey tells his floor the news, he acknowledges that this will be the end of many of their careers, and as compensation the firm is giving each trader a $2m bonus for selling through their slice of the portfolio. They’re basically giving them an advance in exchange for making themselves unhireable, because ultimately the economy is made of people working with other people.

That's maybe true in finance / investment / hedge funds. I don't think it applies to tech / software much..

Lol wut? Where are you getting this?

I mean, when your dad knows the right guy at a prestigious bank, and your mom is a VP in a prestigious biotech firm, and they bought you your spot at Stanford, you kind of deserve it, right?

More like "It's not a crime if a corporation does it." The US treats corporations with kid gloves. They get away with so much, and in those rare cases where a regulatory body does anything, it's often just a strongly worded letter, a warning, a threat to one day send a strongly worded letter, or, in really rare, extreme cases, a company official gets called in to say a few words in front of Congress. Nobody goes to jail, fines get whittled down to nothing in appeal after appeal, and the government usually finally just accepts a pinky-swear to never be bad again.

Contrast that to how individuals get the hammer put down on them by the justice system if they so much as fart in the wrong room. The lesson from the last 50 years should be: If you want to commit a crime and get away with it, do it as a corporation.


Exactly - theres a lot of stuff that if an individual/small business owner did, they'd be personally onerously fined or jailed.. but corporations get a pass. Corporations also have a lot of money to pay good lobbyists & lawyers such that laws are pretty forgiving, loopholes are found & exploited, and finally they are vigorously defended if the government ever does try to crack down.

Ubers behavior during its growth phase, and even now is a good example of this. The latest letter of the law vs spirit of the law thing Uber did was circumvent the NYC law to try and ensure Uber drivers get a fair minimum wage.

To avoid having to pay any difference to make up the hourly wage to drivers, Uber runs an algorithm which kicks drivers out of the app randomly if demand gets too low, without warning or indication of when they can get back in. It can be minutes or hours. So the drivers remain on the road, driving/idling, waiting to get back into the app. The "work" is still getting done, but it doesn't count against Uber.

Imagine a small restaurant doing similar, deciding at random slow times instead of sending staff home for the day, they assign them no tables and mark them as off-the-clock. When demand picks up again, they get assigned some tables and resume making money.

The whole independent contractor on-demand app market is an automated exploitation engine.


>To avoid having to pay any difference to make up the hourly wage to drivers, Uber runs an algorithm which kicks drivers out of the app randomly if demand gets too low, without warning or indication of when they can get back in. It can be minutes or hours. So the drivers remain on the road, driving/idling, waiting to get back into the app. The "work" is still getting done, but it doesn't count against Uber.

I get legislators want uber drivers to earn a living wage, but expecting uber to continue allowing unlimited amount of drivers to be "online", when they have to pay for them is absurd.

>Imagine a small restaurant doing similar, deciding at random slow times instead of sending staff home for the day, they assign them no tables and mark them as off-the-clock. When demand picks up again, they get assigned some tables and resume making money.

You're trying to imply small businesses don't do this but this happens all the time. It's not even limited to minimum wage laws. After the ACA was passed, everyone started avoiding hiring people for more than 32 hours if they could, to skirt the "you have to provide healthcare to all full time employees" requirement.


If Uber has let so many drivers on the app such that they cannot earn a minimum wage, they should stop aggressively enrolling new drivers. They could have also kicked people out for full days, rest of shift, or given an indicator of when they may try again. Something that leaves it more clear they are off and don't linger around to try and get back in.

Restaurants/retail will reduce staffing due to demand, but they don't leave people hanging by an on-call thread the way this automated Uber model did. Tends to be more like cutting shifts off early or calling people not to come in. It is not this automated app-driven robo labor optimization. People aren't being told to go outside and maybe they'll get called back in 5 minutes, 1 hour, or 1 day.

Agreed a lot of businesses moved people to 32 hour weeks to avoid ACA, which is a different issue.. how's all the on-demand faux contractor workforces healthcare though?


>If Uber has let so many drivers on the app such that they cannot earn a minimum wage, they should stop aggressively enrolling new drivers.

Most of those drivers were presumably enrolled before that legislation was passed/came into force. Blaming uber for having those drivers seems like a stretch.

> They could have also kicked people out for full days, rest of shift, or given an indicator of when they may try again. Something that leaves it more clear they are off and don't linger around to try and get back in.

Is this a real concern? This seems like something that sucks for the first few days and then everyone realizes what's the new normal and adapts accordingly. I don't doubt uber could have done better here, but characterizing poor UI as "circumvent the NYC law to try and ensure Uber drivers get a fair minimum wage" is a stretch. It's also unclear how uber benefits from drivers being frustrated at the UI.

>Restaurants/retail will reduce staffing due to demand, but they don't leave people hanging by an on-call thread the way this automated Uber model did.

Uber driver are not "on call". They can sign off at any time. Sure, they might need the money, but in that respect I don't see how that's any different than 0 hour contracts that some restaurants have.

>Agreed a lot of businesses moved people to 32 hour weeks to avoid ACA, which is a different issue.. how's all the on-demand faux contractor workforces healthcare though?

The point isn't that being an uber driver is a dream job, it's that contrary to your rhetoric of "Imagine a small restaurant doing similar", small restaurants indeed will do something similar, if given the chance.


> I don't doubt uber could have done better here, but characterizing poor UI as "circumvent the NYC law to try and ensure Uber drivers get a fair minimum wage" is a stretch.

Honestly, that's _exactly_ what it looks like to me. Law makes it so that they have to pay drivers that are available to drive but aren't actively involved in a fair... so they change the system so that, if they don't have fairs for you you're not considered available to drive. Everything about that reeks of trying to circumvent the law.

Now, I don't know that there _is_ a better solution that works with their business model; but the answer to that isn't "cheat", it's "your business model it's sustainable".


The actual problem is that it's a stupid law.

You effectively have two options. Option one, Uber signs up as many drivers as they have customers during off-peak hours and then if you want to drive only during peak hours to take advantage of surge pricing you can't and if you want a ride then there won't be enough drivers, because they won't sign up any more if they'd have to pay someone for 8 hours to have them only drive for one. Option two, there are that many full-time drivers and then they sign up some additional part-time drivers to satisfy peak demand, but the part-time drivers are part-time and they're not getting paid during off-peak hours.

Which one do you want? Notice that there is no one better off under the first option; the people who don't want to work part-time still have the option not to under the second option, the first just prevents them from doing it even if they want to.


Option 3 - You hire enough people to cover general demand, have surge prices to lower demand when there's not enough drivers, and charge prices for normal/lower demand that allows you to make sure everyone you have on duty makes at least minimum wage.

And if you _can't_ find a solution that allows you to pay everyone minimum wage, then you don't get to do business. I can think of plenty of businesses I could set up that would make me money and allow me to pay the people that work for me below minimum wage. But, see, we don't allow that; and we created a minimum wage law to make it very clear that we don't allow that.

Not every business model is viable given the rules society has setup (to protext society as a whole)


> Option 3 - You hire enough people to cover general demand, have surge prices to lower demand when there's not enough drivers, and charge prices for normal/lower demand that allows you to make sure everyone you have on duty makes at least minimum wage.

This is just a rehash of Option 1. The point of surge pricing is to get more drivers to drive during peak times. If you're instead using that money to pay other people to be idle then the average driver makes less money because part of what would have been their compensation is now going to pay someone else to sit around idle, and they lose the ability to make a higher hourly rate by working only during peak demand. Which in turn reduces the number of drivers available during surge pricing and there goes your funding source for hiring more drivers, so you're back to laying off lots of drivers who would otherwise have part-time work, but now also reducing the median driver's hourly rate.

> Not every business model is viable given the rules society has setup (to protext society as a whole)

Minimum wage laws in general have never protected anyone. If there is another job available to you that pays more than minimum wage and is otherwise on equally favorable terms, you would have taken that one regardless of whether a lower paying job is available. If the lower paying job is better, e.g. because it pays slightly less but you also have lower costs in terms of commuting distance or greater flexibility in hours etc., taking away that option "for your own protection" is patronizing BS.

This is why minimum wages are set at the level that only ~1% of people make minimum wage, because it minimizes the damage done by the law while still allowing opportunistic politicians to claim they've done something. Actually doing something is creating opportunities for people that have better conditions or pay higher wages so that it doesn't matter if someone is offering low wages because people aren't desperate to accept them for lack of alternatives.

Notice also that taking away alternatives can do more than just force you to take a worse one. It can make the worse alternative worse. Suppose there is a job with low pay but it's across the street from where you live, and another one with an hour commute each way, costing you $40 and two hours/day. You take the first one unless the second one pays significantly better, at least several dollars/hour more to compensate you for the gas and the time. Unless the first one is banned and goes away because it was $1/hour below the "minimum". Then not only are you stuck with the second one, they can lower their pay to the minimum when they would otherwise have had to pay more to compensate for the commute because you no longer have an alternative.

Price controls are bad.


> Minimum wage laws in general have never protected anyone. If there is another job available to you that pays more than minimum wage and is otherwise on equally favorable terms, you would have taken that one regardless of whether a lower paying job is available.

That "if" there is doing a lot of work. I think you underestimate how many people out there are in a situation where it's the job they have or the street. Not everyone has the option to just go pick another job, and the people that don't is heavily skewed towards the people with the worst jobs.


Option three: They get enough drivers to cover most of the peak, and end up paying for some idle time otherwise. Just like almost every company with permanent staff.

Alternatively option two with an explicit, upfront decisions who is actually part-time, so there are no surprises and the rules are known.


> Option three: They get enough drivers to cover most of the peak, and end up paying for some idle time otherwise. Just like almost every company with permanent staff.

That only works when the difference in demand between peak and off-peak is small relative to the cost of idle workers. In this case it isn't.

> Alternatively option two with an explicit, upfront decisions who is actually part-time, so there are no surprises and the rules are known.

Then you'll be objecting that the majority of people are classified as part-time because there will be a lot of people who get 40 hours some weeks and zero other weeks due to changes in seasonal demand etc.

Also, the result of that would be that in the slower weeks, one person gets 40 hours and one person gets 10 instead of each person getting 25 hours, and that's obviously not to the advantage of the person whose hours you're cutting. Which in turn implies that the person getting 40 will be signing up for some fresh hell like "you get 40 hours but we choose when they are" and then they're both getting screwed by the change.


> one person gets 40 hours and one person gets 10 instead of each person getting 25 hours

If these are the upfront conditions, why is that an issue?

But the main issue you're getting closer and closer to is: uber's model doesn't seem to be profitable if they have to pay and employ with reasonable conditions. They don't have to be profitable though. We really can let them fail. The reasonable cities can then provide standard overprovisioned public transport.


> If these are the upfront conditions, why is that an issue?

Because they might have both preferred 25 hours with flexibility to a forced choice between 40 inflexible hours or 10 flexible ones.

> uber's model doesn't seem to be profitable if they have to pay and employ with reasonable conditions.

Uber is an app. Their primary cost is paying drivers. They're not going to fail because you imposed this inflexibility on them. What's going to happen is they're going to have fewer drivers and provide less service. But "have fewer drivers" is those people losing their jobs, which isn't really helping them out.


> But "have fewer drivers" is those people losing their jobs, which isn't really helping them out.

Laws that regulate how people can be treated by employers have always been a balance between _some_ people having it worse (ex, their jobs not being available) so that the _vast_ majority of people have it better.

The same things is true of things like safety regulations. It costs more to be safe, and you have to charge more or hire less if you're going to have them. But overall, society is better for them (even though some people no longer have jobs).


> both preferred 25 hours with flexibility

That's not an option though. The option uber gives is "maybe 25, maybe not, you'll find out on the day".

That's still "how do we keep uber in business". There are alternatives like good quality overprovisioned public transport which can take most of those customers. It can also deal with peak situations like events.

It's a sunk cost fallacy to think of uber as some kind of last resort employer that can ignore the rules.


> That's not an option though. The option uber gives is "maybe 25, maybe not, you'll find out on the day".

It's 25 when it's 25. Which you can still have a preference for when the alternative is 10, or the alternative is "40 hours but your hours are 9PM to 1AM and then 5AM to 9AM".

> That's still "how do we keep uber in business".

Uber is still in business when they require you to work split shifts in the wee hours. We're trying to save drivers and riders from the consequences of foolish rules.

> There are alternatives like good quality overprovisioned public transport which can take most of those customers.

Overprovisioned public transport is just Uber with lower efficiency. You have a municipal bus with zero or one passengers instead of a smaller private car with one passenger or avoid the trip because you know before you start that no one is going there.

> It can also deal with peak situations like events.

Ten thousand people exit the stadium at the same time and each want to go to a different destination, thousands of which are single family homes in the suburbs.

> It's a sunk cost fallacy to think of uber as some kind of last resort employer that can ignore the rules.

The assumption is that Uber is bad, but Uber is better than taxi medallion cartels or private cars that then have to be parked in the city instead of picking up a different fare going in the opposite direction.


> Uber is better than taxi medallion cartels

Uber is _different_ than the taxi system. Not all taxi systems are "taxi medallion cartels", even in cities with taxi medallions. And, when it started, Uber was worse than the taxis in a lot of cities in many ways. It's gotten better since then, but pretty much exclusively to try to prevent the cities from throwing them out on their asses.


>Honestly, that's _exactly_ what it looks like to me. Law makes it so that they have to pay drivers that are available to drive but aren't actively involved in a fair... so they change the system so that, if they don't have fairs for you you're not considered available to drive. Everything about that reeks of trying to circumvent the law.

How is this any different than minimum wage laws which are ostensibly enacted to increase worker's salaries, but businesses respond by hiring people for fewer hours? I agree that uber is thwarting legislators' attempt to improve the earnings of uber drivers, but this was the outcome everyone has foresaw, including the legislators. Characterizing it as some cunning chicanery on uber's part is absurd.


> How is this any different than minimum wage laws which are ostensibly enacted to increase worker's salaries, but businesses respond by hiring people for fewer hours?

Nobody is hiring more people to counter the laws "to increase worker's salaries", they're hiring fewer workers to counter the laws that require certain benefits (health insurance) for full time workers. That's a totally different issue.


> Blaming uber for having those drivers seems like a stretch.

It seems perfectly predictable that a loophole you actively exploit will be closed off. Don't build your business model around loopholes, or be prepared to face the consequences.


> If Uber has let so many drivers on the app such that they cannot earn a minimum wage, they should stop aggressively enrolling new drivers.

Why? All Uber cares about are the fees it collects, which are dependent on the total number of miles and total number of rides. It has no reason to care if its drivers make minimum wage or not, unless it can be shown that if they cannot, Uber will not have enough drivers. Fortunately for Uber, there is no evidence that this is the case.


> It has no reason to care if its drivers make minimum wage or not

Is the question "are we breaking any laws" not a reason to care?


Given the legal record w.r.t Uber, I think its fairly clear that it is not.

> If Uber has let so many drivers on the app such that they cannot earn a minimum wage, they should stop aggressively enrolling new drivers.

The number of drivers needed at any given time is completely variable. It's obviously a larger number during peak travel periods.

Suppose number of drivers needed off-peak is 100 and the number needed at the peak is 500 and they have 300 drivers. They need to sign up another 200 drivers to satisfy the peak demand, but they already have 200 more than they can use off-peak. What would you have them do? They effectively need a large proportion of the drivers to be working part time specifically during peak hours.

Moreover, there are many people willing to do that. They're not sitting in their cars idling, they're at home doing chores or other contract work and they only get in their car if the app tells them they can get paid. This is not a problem for the people who are satisfied with it, and why are the people who are unsatisfied with it even doing it? If you don't like driving for Uber, don't do it.


> The number of drivers needed at any given time is completely variable. It's obviously a larger number during peak travel periods.

That's variable based upon time of day, not completely variable. It is not a new problem either. Take public transit: drivers may hate split shifts, yet they are given well defined shifts that they are paid for.

On top of that, a company that operates through an app ought to have the ability to develop software to relatively reliably predict demand.

> Moreover, there are many people willing to do that.

Willing, or desperate? For example: relatively few people want to be on-call replacement workers. They either do it because they need the money or they do it because they are hoping to get their foot in the door. Those who do it willingly are typically doing so for extra cash and because they don't have any other obligations (e.g. retirees in some fields). Now imagine that an entire company is based upon the concept of replacement workers. That puts Uber closer to the exploitive end of the spectrum than the opportunity end.


> That's variable based upon time of day, not completely variable.

It's completely variable. If there is a major sporting event in your city, the demand is going to be much different than it is at the same time of day when there isn't a major sporting event. Demand is affected by weather, public transit disruptions, current events etc. It's not just time of day.

> Take public transit: drivers may hate split shifts, yet they are given well defined shifts that they are paid for.

Public transit has internal buffers that absorb demand. You have a bus which seats 40 but typically has 7 passengers. If there is a demand spike, this time you have 35 passengers, but this is still less than 40 so you don't need any more drivers. If that happens with Uber, they suddenly need five times as many drivers.

> On top of that, a company that operates through an app ought to have the ability to develop software to relatively reliably predict demand.

They could certainly predict part of the demand, but then what? You don't know ahead of time what time of day it's going to rain and cause a ton of people who usually ride a bike to want a ride. There is still a high amount of unpredictable variability in the demand.

> Willing, or desperate? For example: relatively few people want to be on-call replacement workers. They either do it because they need the money or they do it because they are hoping to get their foot in the door.

Let's consider these people then. Their options are to have no job and likely run into serious financial difficulties, take the on-call job to cover some bills while they look for a better job, or take some even worse job than the on-call job, but that might not be worse in a way that has been legislated against, e.g. because it's two hours away and there is no law against having a four hour round trip commute.

The only reason they'd take the on-call job is if their other options are worse. But if their other options are worse then taking away the on-call job option isn't helping them. To actually help them you need to give them some options that are better, in which case you still don't have to prohibit the on-call job because then they'd just choose the better alternative once it's available.

> Those who do it willingly are typically doing so for extra cash and because they don't have any other obligations (e.g. retirees in some fields).

Then why shouldn't those people be able to do it, and get the extra cash?

> Now imagine that an entire company is based upon the concept of replacement workers.

Suppose Uber was part of Costco but otherwise operated in an identical way. Is that supposed to make any difference?


> The number of drivers needed at any given time is completely variable. It's obviously a larger number during peak travel periods.

That's Uber's business problem to solve, though, not ours.

Sucks to be them. The solution isn't "well, let's make it easier for Uber and screw over their not-employees".

The government, the people, are not obligated to ensure profitability is possible for every corporations every idea.


> That's Uber's business problem to solve, though, not ours.

The solution is going to be dictated by economics, not magic. There is no option where they convert all of the part-time drivers to full-time without any increase in the demand for rides.

What they're trying to do is avoid cutting off the part-time drivers entirely. But stop trying to force them to do that, it doesn't actually help people.


Let's not pretend that they want to have all the benefits of having those part-time drivers without any of the responsibilities.

I don't expect them all to be converted to FTEs. But this unavailability BS is just that, BS.

"You are unable to log in because we have enough drivers to meet anticipated demand." Simple. Not log in, and then do a job or two then "oops, you've been randomly selected to be unable to earn money for the next hour".


Suppose you're a part-time driver. You're at home, going about your other business but are willing to take a fare whenever there is one. They're not at all sure they'll have enough fares for you to do an 8-hour shift, but they know there's one for you right now. They should deny you because they can't guarantee there will be more an hour from now? How does that help you?

Particularly after operating at a loss for a decade by overpaying drivers and undercharging riders, such that they get a monopoly, squeeze out local competition, and change consumer habits to rely on ridehailing.

Now that they won and are making money, boo hoo the government is being tough on us.


I mean this is just a private corporation that replaced an older private corporation (a taxi company) who in turn was trying to solve the core issue with car dependent infrastructure, which is: what does one do if one doesn't have a car?

Because if you're just at home, car centered infrastructure while expensive, inefficient, and dangerous, does function. But then, if you leave home on a business trip or a vacation... the problems become quite apparent quite quickly.

And you're completely correct here diagnosing the problem:

> Suppose number of drivers needed off-peak is 100 and the number needed at the peak is 500 and they have 300 drivers. They need to sign up another 200 drivers to satisfy the peak demand, but they already have 200 more than they can use off-peak. What would you have them do? They effectively need a large proportion of the drivers to be working part time specifically during peak hours.

Where I disagree is that there's a car-based answer to this, because restricting ourselves to working within the bounds of the car has caused the damn problem: because you need X number of cars with X number of drivers available to move Y number of people at Z time of day, and all three of these are going to change with availability in unpredictable ways. Whereas just... good mass transit could move all of those people, with less fuel, FAR less vehicles, and while those journeys would all probably take a bit longer even in ideal conditions, they would be safer, our air would be cleaner, and you wouldn't even need a taxi company or an app that pays people slave wages to take you places.


The transit problem is largely a housing problem because mass transit needs a threshold amount of population density to function and that level is below what you get when the majority of the land area is zoned exclusively for single-family homes. But that's not something you can solve overnight -- it takes time to build stuff like that -- so people are still going to have to decide what to do today.

Moreover, even if you build more multi-family housing and mass transit, you're still not changing the nature of the issue, only the scale. There will never be 100% mass transit use because there will always be higher and lower population density areas and some proportion of people living in the latter. Then the people who live outside the reach of mass transit may want to come inside it from time to time, and you'll still have car service for that, and still have peak and off peak, and still have to answer the same questions even if there are only a third as many people doing it.


For sure, but we still have a massive proportion of what could be served by Mass Transit in the States all dedicated to cars, which is why gridlock is basically the American commuting experience in one word. I just spent a week in a major city visiting my employer's office for some face time with everyone, and every morning was started by spending about 20 minutes stuck in traffic, even though my hotel was only a short drive from HQ.

> expecting uber to continue allowing unlimited amount of drivers to be "online", when they have to pay for them is absurd.

I don't recall anyone demanding that. Maybe things have changed since then, but back when I worked in restaurants if things were slow I'd be sent home and know when I was expected to be back be that the next day or in time for the dinner rush. I wasn't randomly clocked off for 15-30 minutes, and expected to hang around, then suddenly told I'm back on. In fact we'd call that wage theft, (which is very common in the US). But suddenly for Uber such a thing is acceptable.


>I don't recall anyone demanding that.

That's seemingly what OP was demanding, given the displeasure he was expressing at uber for the practice.

>but back when I worked in restaurants if things were slow I'd be sent home and know when I was expected to be back be that the next day or in time for the dinner rush. I wasn't randomly clocked off for 15-30 minutes, and expected to hang around, then suddenly told I'm back on. In fact we'd call that wage theft, (which is very common in the US). But suddenly for Uber such a thing is acceptable.

It's the difference between employment vs working as a contractor. Cab drivers, who also work as independent contractors. No fare, no pay.

>The tight margins of the hack trade can leave cabbies feeling frustrated. “Sometimes, I don’t like it, because I have the potential to lose money,” said M. D. Islam, a cabby from Queens who has been driving for six months. He often earns less than $100 a day, he said; if his cab breaks down, or he can’t find passengers, he may end up in the red.

https://www.nytimes.com/2012/05/23/nyregion/new-york-taxi-dr...


> That's seemingly what OP was demanding, given the displeasure he was expressing at uber for the practice.

From the OP

> Uber runs an algorithm which kicks drivers out of the app randomly if demand gets too low, without warning or indication of when they can get back in. It can be minutes or hours.

I think the OP makes it very clear that the issue is the lack of communication especially around when they can work next, not that Uber isn't willing to maintain a surge staff during minimal demand.


>I think the OP makes it very clear that the issue is the lack of communication especially around when they can work next

"When they can work next" is entirely dependent on supply and demand. Also, it seems like he was more upset about drivers having to wait around while not getting paid, than having to periodically check the app. From the OP:

>To avoid having to pay any difference to make up the hourly wage to drivers, Uber runs an algorithm which kicks drivers out of the app randomly if demand gets too low, without warning or indication of when they can get back in. It can be minutes or hours. So the drivers remain on the road, driving/idling, waiting to get back into the app. The "work" is still getting done, but it doesn't count against Uber.

In a later comment he also lamented about how uber was "leave [drivers] hanging by an on-call thread". I doubt that if uber added push notifications for slots becoming available, that OP would be even slightly placated. The issue is that there's more willing drivers than active "slots" available, since such slots uber have to pay for. As a result, there's still going to be people waiting around for a chance to make money, while being unpaid. Adding push notifications only means people don't have to check their phones every 5-10 minutes for a slot, but they're still forced to wait around unpaid.


> "When they can work next" is entirely dependent on supply and demand.

Are you really going to try to make the case that a company the size of Uber finds the demand in NEW YORK, of all places, unpredictable? That speaks more to incompetence on Uber's part than any unrealistic expectations elsewhere. Especially since restaurants have managed to operate in far more unpredictable conditions for all of human history.

> Also, it seems like he was more upset about drivers having to wait around while not getting paid.

Right, yeah. If they said hey, we don't need you for the next four hours, drivers don't have to wait around. If they say it'll be 15 minutes, drivers know to wait around. Instead, they conveniently tell them nothing, effectively keeping them on-call. A bit of communication fixes that.


> It's the difference between employment vs working as a contractor.

That's absolutely NOT the difference between employment and contracting. The general expectation from the IRS is that if you are setting someone's hours (and Uber is, the driver chooses to be available, but within that availability window, Uber can arbitrarily define them as unavailable), then they are an employee.

Contractors don't just hang around your job site because you tell them you don't have work for them now but "stick around 5 minutes or 2 hours, we might have some then".


Agreed. These tech companies are all squeezing the definition of contractor for their benefit.

Amazon similarly abuses on-demand contractors and we see this for example in the little popup trailer parks in their distribution center parking lots during holiday crush...

I get it, as a consumer these are nice services to have - but it doesn't mean we have to be OK with these labor conditions. Further, from a self interested point of view, its a slippery slope to Amazon & the rest figuring out how to do the same to their SWEs over time.


>the driver chooses to be available, but within that availability window, Uber can arbitrarily define them as unavailable

This is basically the result of new york's legislation. In jurisdictions without such legislation, uber doesn't cap the amount of drivers that can be online. Moreover "availability" in this context is entirely arbitrary. The amount of fares available is still the same. The only difference is that uber caps the amount of people that can be online because new york puts them on the hook if anyone is "available" but doesn't make minimum wage. This was never the case for regular cabbies, but for whatever reason decided to apply this to ride hailing apps only.

>Contractors don't just hang around your job site because you tell them you don't have work for them now but "stick around 5 minutes or 2 hours, we might have some then".

Right, because the labor required to build a house isn't spiky like the demand for drivers.


Exactly it’s automated employee abuse

A lot of jurisdictions require 4 hr minimum pay when called in to work.

I wonder, would cabs be more competitive of Uber's alternative business model, if Uber had to be fairer?

If so, then isn't Uber a sham? And shouldn't market forces see them go?

Airbnb used to be cheap... at the start. Then people added insurance, people had to get permits, and so on, just as Hotels, and other do. Now it's not so cheap any more.

One of the biggest disruptions is "don't pay your fair share". Or "pay people dirt wages".

Companies carve out a new business model, and aren't taxed or forced to pay as incumbents are.

Are people against people making a fair wage? Well guess what, you have to pay more for an Uber. And maybe Uber doesn't work as a business model unless it's too expensive.

Too bad! Uber has to work in the same ecosystem as everyone else... or it's a farce.


>A lot of jurisdictions require 4 hr minimum pay when called in to work.

>I wonder, would cabs be more competitive of Uber's alternative business model, if Uber had to be fairer?

None of which applies to cabs, who are also independent contractors. For instance

>The tight margins of the hack trade can leave cabbies feeling frustrated. “Sometimes, I don’t like it, because I have the potential to lose money,” said M. D. Islam, a cabby from Queens who has been driving for six months. He often earns less than $100 a day, he said; if his cab breaks down, or he can’t find passengers, he may end up in the red.

https://www.nytimes.com/2012/05/23/nyregion/new-york-taxi-dr...


Re: ABNB People book on this platform thinking it’s vetted somehow.

Well in an area I vacation there was a fatal fire at a weekly rental home with unlicensed electrical work, no working smoke detectors and no license to rent the unit (requires a town inspection). Of course the renters had used an app platform that gives them the illusion that these are somehow legal vetted and safe.

Instead you can end up in a rental with safety standards well below developing world standards.


> expecting uber to continue allowing unlimited amount of drivers to be "online", when they have to pay for them is absurd.

The market they operate is of their own making, there is no "free market" argument to be made here. What's absurd is the mischaracterization of what their constructed market can provide to its participants, particularly when people are apparently randomly banned from participating it as they please.


Further, from a markets point of view, by managing their market with micro-lockouts of drivers out during projected quiet periods, they are essentially setting a price floor such that riders are paying more than they otherwise might have.

Stock markets for example generally have circuit breakers and limit up/down rules that will put in pauses for a stock if there is too much volatility. However they do not institute asymmetric throttling by say restricting half of sellers from selling but allowing buyers orders through.


>Imagine a small restaurant doing similar //

These are 'zero hour' contracts a popular tool in the UK for businesses you screw over poor employees.

There is some utility for workers too - some people need to be able to say 'I'm not coming in today', or 'I'm leaving right now', often due to carer responsibilities though. The power lies with the business and the workers bad circumstances are often being exploited.


That's not the same though, in zero hour contracts you get told how many hours you being asked to work and you can decide to come in or not. You're not called into the restaurant to cook 2 burgers and the told we don't have customers right now so you're off work and the 20min when the next customer comes in you have to work again. Completely different scenario.

That's not like the scenario with Uber either though. Nobody is telling the drivers they have to work again.

It’s a classical example of how power bends all the rules.

I remember being unhireable. Piece work stuff like Uber where you didn't need a resume felt like the only possible way to make money.

This. The entire point of corporations is to shield individuals from penalties, but they don’t work. Business failure in good faith, where the shielding makes sense, is not really protected because bank loans require personal liability and because it’s impossible these days to recover from a damaged reputation unless you come from a family rich enough to hire its own PR firm. On the other hand, when it comes to letting rich people get away with absolutely unambiguous criminality, corporations work very well.

The corporate veil should provide enough protection from random and unforeseeable failures to encourage entrepreneurship, but not enough that it shields wrongdoers from consequences. Currently it shields nearly everyone from everything in nearly all cases from run-of-the-mill business failure all the way up to straight-up fraud.

It doesn’t shield small business owners in practice, though. Bank loans tend to require personal liability, and there are ways to pierce the corporate veil when the company is provably one person. So individuals get only a small amount of protection in practice. Even if you fail in good faith, there’s a good chance that your life and reputation are ruined.

On the other hand, large companies are basically private armies in which the presumably passive shareholders are so distant from the actions taken on their benefit that people almost never go to jail unless they are deliberately thrown to the wolves by shareholders or superiors.


>Currently it shields nearly everyone from everything in nearly all cases from run-of-the-mill business failure all the way up to straight-up fraud.

Tell that to Bill Hwang or Sam Bankman-Fried.


Bill Hwang and SBF committed the cardinal sin of business: losing other rich people's money. They both ran out of friends very quickly. Elizabeth Holmes was the same.

Came here to say the same.

Had they been scamming small investors, even for the same total dollar value, they might have actually gotten way with it.

Not only did they lose other rich peoples money, they lost money for people that were richer than them. Important distinction ..


ding ding ding

The problem is that only 0.01% of the people who need to be held accountable are. The number isn’t zero, clearly, but how many of the people who caused the 2008 disaster ended up in prison? My point exactly.

I also think it’s clear that SBF was jailed for his effects on the rich rather than on average people. Worse than fleecing billionaires, he made them look bad. Clearly he’s a scumbag who deserves prison time, but people worse than him are free.


>but how many of the people who caused the 2008 disaster ended up in prison? My point exactly.

>I also think it’s clear that SBF was jailed for his effects on the rich rather than on average people. Worse than fleecing billionaires, he made them look bad.

"The rich" was upset enough at SBF losing $32 billion to throw the book at him, but are totally fine with the GFC causing $2 trillion in damage to the global economy?


I get the feeling this was the plan from begining.

Sure, the plan (of LLCs) was always to limit liability but initially _who_ could incorporate wasn't literally everybody.

Like the founding fathers ran their business as themselves. There isn't some Monticello LLC that Thomas Jefferson was CEO of so if TJ did something bad then he's personally liable for it. This is what's changed and is the problem, people get LLCs in situations they really don't deserve them in.


What are you talking about?

While the lack of accountability for corporations is crazy, I’m a firm believer in the Cube observation: there is no master plan.

There is one master plan tho: might is right. It gets pushed back, but it seeps through every contention wall we have put up so far.

A flaw in human nature, but not a plan. There was no board meeting where people came up with it and set out a roadmap and had milestones and KPIs.

It’s an emergent property and it sucks, but there’s no conspiracy.


The owning class everywhere has always gotten together trying to figure out how to keep things the way they are.

Then what is coordinated lobbying

Countries with might is right systems don't have corporate ownership, they have personal fiefdoms.

IIRC the modern corporation as a legal entity was created in response to the high capital and high risk requirements embodied in early western shipping ventures. The first stock exchange ("bourse") for this was actually French(?) (hazy here, possibly Belgian or Dutch, and probably roots in Hanseatic League financing if not beyond). FWIW there's a whole subset of the antiques world which deals in share notes - promissory notes issued to people funding capital intensive ventures like new railway lines, often beautifully decorated and serial numbered for nominal security against forgery.

AFAIK the follow-on concern of manipulation of the modern legal environment as a tool for unencumbered multinational greed really began with entities like the East India Company being empowered by pontificating rulers back home granting because-I-said-so immunity for arbitrary actions outside their borders, thus establishing the ground work for industrial scale opium trading, piracy, slavery, and banana republics. We're in a period of relative reckoning now where the cash-piles thus accrued are facing some popular scrutiny, but there'll never be recompense. As we've reached the ends of the earth and new wealth to seize has become scarce, we've turned to speculation and beyond earth to mars, the metaverse, and media in general. Stock markets are largely society's greed temples and in some cases designed for money laundering (eg. Singapore stock market for the Burmese junta). Even small companies on the public markets are worth orders of magnitude more than you can earn in a lifetime, leading to an intellectual drain toward speculative systemic value extraction instead of productive ventures.

IMHO a naive hope of crypto was a reckoning, instead we received the opposite: increased speculation, libertarian multinational economics and now abject political profiteering. No action on critical issues like climate. Less international trust and diplomatic potential than we've had since WWII - truly, we are lost. But it's less a conspiracy than a back-scratching piggy trough of reverent greed-inertia, in which all pigs are created equal but a cabal of investment bankers are more equal than others. Meanwhile everyone else slave for their locally dangled currency carrot, backed primarily by golden handcuffs of mortgages, an inertia of ignorance, a charade of democratic process, increasing global population dependence on multinational trade to meet quality of life expectations, and conveniently captured choke points like identity (The End of the Nation State: The Rise of Regional Economies), food (Stuffed and Starved: The Hidden Battle for the World Food System), regulation (Preventing Regulatory Capture: Special Interest Influence and How to Limit It), international logistics (The Outlaw Ocean, International Shipping Cartels), energy (Energy Revolutions: Profiteering versus Democracy), education (Privatizing the Public University), media (Selective Control: The Political Economy of Censorship) and weaponized finance (Confessions of an Economic Hit Man, Mortgaged Democracy).

It is perhaps not overly hyperbolic to state that the challenge of our era is to determine a mode of capturing the power of emergent technology to undo this situation, and nothing less than the fate of the planet rests on doing so.


> It is perhaps not overly hyperbolic to state that the challenge of our era is to determine a mode of capturing the power of emergent technology to undo this situation, and nothing less than the fate of the planet rests on doing so.

Eugenics that select for altruism, empathy and cooporation and against greed and egotism. It's absurd to keep this subject taboo as we're staring down the apocalypse. Rather everyone goes down with the ship than consider something drastic that might go against what I was taught as a kid


Haha :) I think evolution shows centralist solutions don't end well. GATTACA comes to mind. It'd be nice if we all did something positive and chillaxed a bit instead of fervently lining our piggy-troughs to the detriment of all other piggies, non-piggies and future piggies. So practically, that means, like - don't marry an investment banker, a politician, or a sociopath corporate ladderite.

The current solution has been leading to the worst possible end.

Corporations are owned by people. Profit is distributed back to the society thru dividends. The largest shareholder category is pension funds, not billionaires. So effectively boomers are robbing younger generations.

Most profits are distributed by capital (like share price) increases rather than dividends.

Stock dividends and stock price appreciation are two sides of the same coin. Both are "money returns to investors in the business".

All that differs between them is the tax treatment each gets come tax time.


> All that differs between them is the tax treatment each gets come tax time.

And that if you hold a stock for say 10 years and somehow sell during a recession you could make ~0$ on that stock if it only did buybacks. While with a dividend you'd have come out ahead.

Conceptually they have very different incentives as well. With buybacks you want a company to have high volatility as well as to make short term decisions so that you can buy a dip, ask for say lay-offs, and sell as it goes up. With dividends you want the company to make longer term strategic decisions so that their revenue goes up and you get a larger dividend.


> And that if you hold a stock for say 10 years and somehow sell during a recession you could make ~0$ on that stock if it only did buybacks. While with a dividend you'd have come out ahead.

A stock with buybacks should be compared to a stock with dividend reinvestment.

If you do something other than reinvest dividends, you should sell some shares every year.


Share buybacks and dividends exist and are used in the approx same ratio, so it's probably incorrect to say most profits. Also buybacks do not change the pool of dividend receivers.

Data from 2023, by Aswath Damodaran, says that 40.87% of companies are doing buybacks and that buybacks are 64.28% of all cash returned [1][2]. US is leading in this segment here wrt to rest of the countries.

[1] https://aswathdamodaran.blogspot.com/2023/03/data-update-7-f...

[2] https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg...


What kind of evidence would you need to see to no longer view corporations in this light?

Blaming all your problems on old people isn't any more attractive than blaming them on Jews/women/queers/etc.

You're reading this on a device made in an underpaid Asian sweatshop, wearing clothes that are the same. Old people with pension funds are no more or less complicit in the brutality of the system than you are. Try blaming the people who are causing this situation on purpose, not the millions who are just trying to navigate it as best they can.


I hate that ever since I was a teen in the 80's I've been encouraged by government policy to put my retirement into pension funds which invest in the stock market, thus justifying all manner of immoral and unethical business practices in the name of protecting pensioner savings.

I am complicit in a rigged system with no escape.


It's possible to save pension by investing without pension funds. However the trick is that most pension funds are underfunded and run like a Ponzi, thus constantly need larger and larger group of young people to fund them. If and when this system collapses is going to hurt the government and that's why the encounrage to keep the Ponzi going.

The whole concept of "retirement" where old people are allowed to relax and be supported by young people, compared to the old days when people just worked until they died, requires enough surplus productivity from young people to look after old people as well as themselves.

If the population pyramid inverts and there are too few young people, the whole concept of "retirement" becomes unsustainable, unless AI advances enough to make up the lost productivity.

Pensions are just a way of formalizing the obligation to old people, but they are not themselves the root source of the problem.


Setting aside that 'too few young people' is by definition when there's a problem, thus making it a tautology, there's a lot we can do by changing our views of what retirement means.

Retirement should not mean a life of air travel and cruises, achieved by pension savings.

Retirement should not mean continuing to live in your 2,500 sq. ft. ranch house in the suburbs with only car access.

John Maynard Keynes famously predicted we would be working 15 hours a week due because of increasing productivity. Where did all that productivity go?

If it's because we believed we needed ('deserved') more, then change those beliefs. If it's because of the concentration of wealth into the 0.01% then AI productivity improvements won't fix things.

The AI-mongers sell the false and unsustainable promise that AI will magically solve things so people don't need to change their habits.

Yet we can achieve a lot of savings by building more compact areas to live which don't require a car, and by building mass transit with the needs of the elderly in mind (no steps, low-frequency lines which run through neighborhoods, for those with limited mobility, etc.)

We can save money and get better health outcomes with a tried-and-true single-payer health care system done in every other developed country (eg, "Medicare For All".)

That can all be done now.

Yet we aren't. Because it's easier, and more profitable to those with money, to ignore the festering problem, with the fig leaf of 'AI' or some other future technology, and let someone else deal with it,


Also in many cases we must accept the fact that people die. And some times keeping them alive is too costly or take too much labour. I admit it is horrible realisation, but I think inevitable one.

Sure. And also long recognized by the 'tried-and-true single-payer health care system's I referred to.

The US system has worse overall health outcomes, so it's like we aren't really trying.


You would have been dependant upon the market either way. Even if it was a public pension model via taxation guess where the funds would come from? The market. All matters of trade-offs would affect the viability.

Not equally dependent.

Like, with the US privatized medical system and its parasitical medical insurance system, we can see how medical costs are higher and overall health outcomes lower than in countries with single-payer/national health care.

And if I happen to choose a health insurer which decides my cancer treatment is inappropriate, I'm either bankrupt or dead.

Yes, I'm still dependent on healthcare, but one is better aligned to my health.

Similarly, the personal pension system requires staff and/or custom software to handle customer relations, and the individual funds have marketing budget to convince people to join. This disappears with a nationalized system where it can all be part of the same social security system, and benefit from the economy of scale.

Furthermore, companies justify all sorts of unethical practices because they point to all the (abstract) pensioners who will lose their retirement, which relies on those pensioners not being able to say 'no, don't do it in my name.'

While something like the Government Pension Fund of Norway can select funds and influence the corporate governance in a way which is aligned with national goals.

Yes, there are all sort of ethical funds I could invest in. The paradox of choice and my complete lack of expertise means I must hire that expertise, like when I got advice when I set up my account.

Furthermore, if I happen to select green energy stocks, but they go down the toilet after the invention of Mr. Fusion, I'm currently screwed. While a public pension has the mandate of supporting everyone.

Yes, I'm still dependent on stock investemtns, but one is better aligned to my retirement.

Lastly, the government can raise money from taxes. The government can pay for more nurses and doctors, and training hospitals. The government can pay for high-quality retirement housing. The government can do a lot of things that a private pension plan cannot do.


>Contrast that to how individuals get the hammer put down on them by the justice system if they so much as fart in the wrong room. The lesson from the last 50 years should be: If you want to commit a crime and get away with it, do it as a corporation.

That's because most crimes "individuals" do are straightforwardly illegal and easy to prosecute, whereas the "crime if a corporation does it" are not. It's not any different than say, simple property crimes (eg. stealing or vandalism) vs white collar crimes, both of which can be perpetrated by individuals but the latter are far harder to prosecute. Stealing a candy bar is an open and shut case, especially with surveillance footage. A long firm fraud[1] is far harder to prosecute. If you buy a truckload of candy bars on credit, fail to repay the vendor, and declare bankruptcy, prosecutors are going to have a hard time prosecuting the case. Having bad business acumen isn't a crime, so on the surface nothing illegal has happened. To prove wrongdoing they must prove that you intentionally acquired goods on credit without intending to pay it back, which is far harder.

[1] https://en.wikipedia.org/wiki/Long_firm_fraud


> That's because most crimes "individuals" do are straightforwardly illegal and easy to prosecute, whereas the "crime if a corporation does it" are not

Maybe that’s something that should be adjusted by a legislative body.

Crimes are only “easy” or “difficult” to prosecute because of the laws as they’re written.


>Crimes are only “easy” or “difficult” to prosecute because of the laws as they’re written.

Yes and no. Yes in the sense that you can make crimes very easy to prosecute, no in the sense that doing so usually makes unobjectionable or even good behavior illegal in the process. Take insider trading for example. It would be very easy to simply make selling the stock of a company you work for, or are in any other way party to, outright illegal. But this would be bad for a lot of reasons; it would make it harder for businesses to compensate employees, it would encourage employees of successful companies to leave early taking important business knowledge with them, etc. Some behavior is simply harder to make illegal because it's harder to identify by its nature, which subsequently makes it harder to enforce laws against it.


> Yes in the sense that you can make crimes very easy to prosecute, no in the sense that doing so usually makes unobjectionable or even good behavior illegal in the process

I’m no legal expert, ofc, but I’d bet that a good enough legislature could strike a balance that society can be okay with.

Whatever we have now isn’t that.


You could just say employees get a blackout period each year where they can’t buy or sell company stock.

Sure, there are always compromises that can be made and my point wasn't about insider trading specifically, it was that there are tradeoffs to consider. But let's take your example, how long is the blackout period and how long is the open period? I would contend that there is almost no open period short enough that a motivated insider couldn't trade on their non-public knowledge if they were "lucky" enough to have it during the open period, so you're kind of back at square one where you still need the SEC and DoJ to investigate and borderline cases will slip through the cracks. And for everyone else, they've lost some liquidity in case of personal emergency, etc. Again, this isn't to argue against blackout periods specifically, they might be good policy, just pointing out that law and law enforcement is not always easy.

That's basically what SEC Form 144 is.

DoJ Put hundreds of J6 fools behind bars because they aren't monied and influential enough to drag out the process. Meanwhile, Georgia has a mountain of criminal evidence from four years ago and they haven't gotten anywhere but for a few guilty pleas from the low level stooges.

I had a similar view during the GFC.

Clearly crimes were committed, and clearly layers and layers of management were in on the joke, but only the few little fish at the bottom who were dumb enough to ever put things into writing with a paper trail went to jail.

A lot of the alleged rogue traders were far less rogue than their employers would like you to believe, similar with the LIBOR fixing scandal, etc.

J6 is very similar because there will never be a paper trail of the Orange man sending written orders to storm the Capitol. Everything is a wink and a nod.

The guy at the top never actually says the thing, the next rung down maybe says it but only 1-1 in-person in a secure environment, a few levels down maybe a phone call & hopes not to be tapped, a few more layers down you start to get to the idiots who send a text/email.

Akin to the Mafia.


> The guy at the top never actually says the thing,

Georgia literally has a recording of a criminal threatening to retaliate against a public official if they don't rig the election.


To be fair that was the one instance they have him dead to rights, true.

It is a bit unexpected I suppose for a normally friendly party to be recording your phone call. He did work in a less regulated environment than banking so recorded phone call probably caught him by surprise. No one was that dumb at banks (most calls are recorded and there’s often even a beep to remind you the line is recorded).


Most crimes done by individuals are intentional. That is most often not the case with corporations. Intentionality is an important requirement in most crimes.

That doest mean that there isn't plenty of room for more centralized civil protections against negligence and recklessness.


That's a big assertion to make without any evidence. There's a lot of individual crime which is not intentional (e.g. driving related) and there is a lot of corporate crime where someone clearly made a decision. In particular corporations employ lawyers so they have people qualified to decide if a crime is likely being committed.

Interestingly, driving infractions are mostly noncriminal.

Corporations are giant responsibility diffusion machines and more often than not they stumble into illegal activity rather than internally commit to it. Hence, they are not acting intentionally. Also relevant is my assertion that this bumbling illegal behavior also needs better enforcement - it's just civil in nature and not criminal.


I'll disagree with the point that corporate crimes aren't intentional, they most certainly can be. There are plenty of examples of companies deciding that it's more profitable to "do crime" and just pay the fine if caught. Danske Bank famously have a post in their budget to pay fines for breaking banking laws.

The problem is to prove that something is done intentional, on a "corporate level", whatever that means in the given case. Imagine having a law where breaking it would mean that the business have to shutdown. A competitor could pay off someone inside the company to break the law deliberately to have the legal system remove competition.


I guess if our goal were to stop this sort of corporate behavior, we would remove the requirement of a crime being intentional for corporations.

> we would remove the requirement of a crime being intentional for corporations

You still have the problem of punishing diffuse guilt. The correct answer is fines. Massive fines, potentially to the point of bankruptcy. We don't like to do that, however, because corporations have many stakeholders who may not deserve punishment, e.g. employees.


No, that's not why "we" don't like to do that, as there's countless way around that problem. They don't like to do that because it hurts the main stakeholders: those holding the reigns, the 0.1%.

There's countless ways around the issue of "average" employees being punished. E.g. hard caps on top employee compensation for X years. Bans on dividends.

Forced stock dilution, now that's a solid one. Create extra shares equivalent to 20% of market cap, given to the government who sells them on the open market.

I'm sure there's holes in these but plenty of smarter people than me who can easily make them watertight.


> countless ways around the issue of "average" employees being punished. E.g. hard caps on top employee compensation for X years. Bans on dividends

How do either of these help an employee of a company that was just poofed?

> there's holes in these but plenty of smarter people than me who can easily make them watertight

No. There aren't. Both the caps you proposed--capping dividends and salary--have known workarounds. Stock buybacks exist because they're more tax efficient than dividends. Health insurance is tied to employment because in WWII the U.S. government capped wages.

There is really one solution to corporate malfeasance: criminaly prosecuting where you have evidence of individual criminality and massive fines in every other case. We bankrupted our automakers without hurting their jobs. That's actually less intrusive than trying to fuck with their capital structure by e.g. banning dividends, which just incentivises leverage.


I have been thinking. Maybe corporate fines should work like civil forfeiture. You do not attack the corporation, you attack the shares. You fine individual shares. And fines could be larger than value of the share. Next time it is sold the sale price goes toward the fine. And so does any dividend paid.

> You do not attack the corporation, you attack the shares. You fine individual shares. And fines could be larger than value of the share.

You're again reinventing corporate fines in a way that makes them problematic. You've not only dissolved limited liability, which makes investing in equities a rich man's game, you're proposing going after tens if not hundres of millions of Americans if a single Fortune 500 breaks a law. That's mechanically impossible.

> Next time it is sold the sale price goes toward the fine. And so does any dividend paid.

Poor people pay the fine. Rich borrow against their shares.

None of these problems exist with massive fines. None of them add anything, procedurraly or punitively, over massive fines. The idea that shareholders are going to do legal scrutiny when many professional investors barely read public filings is laughable. Re-inventing fines is rolling your own legal system when we have centuries of good law to rely on deriving from corporations suing each other.


I agree the correct answer is fines, but I disagree that the government should concern itself with whether or not the company decides to take it out on employees who don't deserve it. It's up to the company to decide how it should be run. As long as the government disincentivizes the actions by making the fines high enough, that is good enough.

> I disagree that the government should concern itself with whether or not the company decides to take it out on employees who don't deserve it

Those employees disagree with you and they vote. Every district has large employers whose employees would, as a voting bloc, flip a primary or even general election.


I honestly don't believe this is the case. I think Americans would largely support increased fines for corporate malfeasance. I think it much more likely that the large fines aren't assessed because those in the position to be fined also as a rule have more influence over the system itself. Though the result is the same in the end I guess.

> Americans would largely support increased fines for corporate malfeasance

Americans do. But every time it comes up, the discussion gets derailed with these ancilliary ideas. Just look at this thread. Fines are old and boring.

> the large fines aren't assessed because those in the position to be fined also as a rule have more influence over the system

There is also the practical matter of the power to levy large fines being, itself, immensely powerful. You don't want to create a fine czar only to lose control of them in a term or two.


> You still have the problem of punishing diffuse guilt.

Corporations are hierarchical.

> however, because corporations have many stakeholders who may not deserve punishment, e.g. employees.

Hiding behind the employees. The ones with the least stake in the company. That’s a classic.

They might have their two weeks notice. What else? “There might be no other jobs around?”

Class collaboration is a lie.


> They might have their two weeks notice. What else? “There might be no other jobs around?”

"Let them eat cake" isn't a winning pitch when it's your job on the line.


You are trying to turn “the corporations are committing crimes” into “the peasants are starving”. I know that this is board of diverse backgrounds, but you have to be very out of touch for that hilarious reversal to be convincing.

> You are trying to turn “the corporations are committing crimes” into “the peasants are starving”

No, I'm pointing out the real limitations on the types of punishments that folks--typically on the left, with good intentions but breathlessly naively--like to propose. Ignoring the board doesn't make you a smarter player.

I'm then pointing out the option that works within those limitations to exact tremendous justice. The option that when it comes up, anyone in its crosshairs will immediately start pointing to hare-brained schemes like a "corporate death penalty" to get out of. Massive. Fines.

(For those who prefer jail time to fines, do you really thing Bytedance's CZ would trade his 6 months in jail for the tens of billions he's personally walked away with?)


Isn't that already the case? For instance Wells Fargo was fined $185M for fraudulently opening accounts customers didn't want[1]. Wells fargo (ie. management) weren't scheming to fraudulently open accounts. They only set aggressive sales goals, and that caused some employees to go rogue and commit fraud themselves.

[1] https://en.wikipedia.org/wiki/Wells_Fargo_cross-selling_scan...


I'm skeptical that the intentions of the Wells Fargo executives were pure and white as the driven snow.

The incentives align to encourage executives to commit crimes in service of short-term gains — even in the extreme case of Wells Fargo, Carrie Tolstedt and John Stumpf have both avoided prison time and ended up money ahead to the tune of tens of millions of dollars, even after clawbacks and fines.

Not only shouldn't intent matter, we should assume the worst. Whether assuming the worst is a workable enforcement regime, I don't know — but it most accurately models a reality where the most rational behavior for executives is indifference to the law.


How do you know that lacked intent? It just sounds like cover for intent

The point isn't that wells fargo management didn't scheme to intentionally defraud customers, it's that the government was able to punish wells fargo for defrauding customers without having to prove they intentionally schemed to do so.

That or sharply raise the severity of lesser offenses if the perpetrator benefits financially from negligence with potential penalties including (a) corporate death penalty (revocation of charter) (b) nationalization.

This is a bullshit argument that people in charge of these companies make. How do you know the "thief" that stole merchandise from a store wasn't going to come back to pay for it in an hour? You don't... you just assume the worst, which should be the case for corporations.

It's not a bullshit argument, it is a battle tested argument with a long history.

Is it roughly the same long history as the long history of corporations getting away with crimes that individuals could not?

Yknow maybe the modern day requires rethinking of some regulations regarding corporations.


> That's because most crimes "individuals" do are straightforwardly illegal and easy to prosecute, whereas the "crime if a corporation does it" are not. I

Yes, but why are individual crimes easy to prosecute and corporate crimes not. These are not things that just popped into being like a thunderstorm. They are a part of an economic and social system that makes things in such way.


The GP did not mean "individual crimes". The meaning was: "most crimes that an individual will commit turn out to be easy to prosecute".

I.e., shoplifter steals candy bar, surveillance camera has clear view of the shoplifters face, and of the theft, and security camera in parking lot gets license plate of car they drive away in. Easy conviction for prosecutor, as there little question of who committed nor of what crime was committed.

Contrast that with the GP's example "business type" crime. To prove the "business" committed a crime, they have to find a way to prove the business, when buying the truckload of candy bars, at the time of the purchase, intentionally never intended to pay back the loan taken out to buy the truckload. Proving intent (i.e., effectively "mind-reading") is way more difficult than proving a crime happened in the "shoplifter" example above. There's no security camera footage recording the "intent" of the business when it purchased the truckload of candy bars.


That does not refute their main point:

> They are a part of an economic and social system that makes things in such way.

It’s difficult to prove intent but we make that necessary to prove when it doesn’t have to be. It could be that negligence is enough for it to be a crime.


Negligence has the same problem as intent.

The difficulty with corporations is that demonstrating anything about their behavior at all (negligence, intent, ignorance, malice, stupidity...) requires doing so for a corporate body, in the sense of that word that refers to a thing visibly composed of many other distinct things.

What does a corporation want? What does that question even mean? Was a corporation negligent? Does that refer to its officers? Its employees? Specific employees? A written plan?

It's not that hard to come up with a definition of what you mean by a corporation for the purposes of defining a specific type of behavior. For example, you may regard negligence as being a property of the board, exhibited by the decisions the board makes. However, any given definition likely misses cases where a reasonable person would still tend to feel that "the corporation was negligent".

This doesn't come from the for-profit aspects of a corporation, or its existence as part of a capitalist economy. It comes from the aggregate nature of a corporation, and talking about any sort of intent-ful behavior in the context of an aggregate is challenging.


For lots of problems the boring answer is: because there is no easy solution. For me as a software developer, I can imagine a lawyer asking "but why are there so many bugs in applications?".

Would we be able to have a world in which there are almost no bugs? Yes, definitely. Would that be a better world?... I tend to say no. Because we trade more bugs for faster development. Because not all bugs are critical. Because some requirements are not completely consistent. And other reasons.

I imagine it's the same with the law. That is not to say there are no improvements to be made, but unless multiple people with lots of experience in the field come and say "this would be better with no side effects" I would be cautious.


> They are a part of an economic and social system that makes things in such way

If you're trying to imply such crimes are hard to prosecute because The Powers That Be™ deliberately made it that, how does that explain the difficulty in prosecuting long firm fraud (and other white collar crimes)? You can argue that price fixing being hard to prosecute helps "corporate America" or whatever, but basically everyone is united against long firm fraud. Yet, it's hard to prosecute. Why is that?


The thing to look for would be the way that making long firm fraud easy to prosecute would lead to companies being accountable for things they don’t want to be accountable for.

Like what? Moreover, what does this hold for public policy? Should we bring back debtor's prisons? That would be the obvious solution to long firm fraud.

I’m not an expert, but the way you wrote your comment seemed to be discounting this possibility for no discernible reason

Debtor's prisons were widely considered to be cruel, which is why they were abolished basically everywhere in the developed world.

Ok? I’m not arguing about debtors prisons? I’m not sure why you’ve focused on it

>I’m not arguing about debtors prisons? I’m not sure why you’ve focused on it

Because that's seemingly what you were asking about? If not clarify what you originally meant rather than beating around the bush then being surprised when people aren't focusing on the things you want.

>>>Like what? Moreover, what does this hold for public policy? Should we bring back debtor's prisons? That would be the obvious solution to long firm fraud.

>>I’m not an expert, but the way you wrote your comment seemed to be discounting this possibility for no discernible reason

>Debtor's prisons were widely considered to be cruel, which is why they were abolished basically everywhere in the developed world.


My point is just this: it seems like there are a million reasons that all of the following could be true:

* policy is majorly influenced, to the point of near dictatorship, by shareholder profits

* thus, crimes perpetuated in the name of these profits are vague, hard to define, hard to prosecute

* some white collar crime, that shareholders despise, remains difficult to prosecute despite being aligned with the interests of this dominating power


At least a portion of this question from personal opinion goes towards how "united" the general "everyone" is against fraud.

The idea is similar to Tragedy of the Commons issues. The collective community, or aggregate view is "fraud bad", yet the individual, provided opportunity and anonymity, acts in the their own self interest, especially where punishment is viewed as difficult or low plausibility.

Similar issues occur with the general concept of honesty, and views of social honesty. Surveyed, personal belief is that most respondents would state that other humans should reply honestly, with accurate information. However, many, in personal action and isolated opportunities are quite willing to embellish, neglect to correct a mistake, or outright lie.

Neglecting to correct a mistake is one of the most difficult, and shows up quite frequently in markets. With the markets often congratulating recipients for taking advantage of fools who priced something "wrong." Lots of various rationalizations that then get used. "Its their own fault", "they won't notice the difference", "I'm just more clever", "we deserve it because of our status", ect... Usually, seems more frequent the further away, the less personal, and the more abstract the lie or theft. Much like the article title. Office Space did this joke a long time ago.

  Peter: Ah no, you don't understand. It's very complicated. It's, uh, it's aggregate, so I'm talking about fractions of a penny here. And over time they add up to a lot.
  Joanna: Oh okay. So you're gonna be making a lot of money, right?
  Peter: Yeah.
  Joanna: Right. It's not yours?
  Peter: Well it becomes ours.
  Joanna: How is that not stealing?
Mileage may vary on the comparison, yet I found similarities with a lot of entertainment media, that eventually made me pull away. Personal belief is most respondents are opposed to their own suffering and torture, yet quite happy to read / watch media that often amounts to systematic character torture. Laugh happily eating popcorn while miserable people on screen suffer, yet would not want to be transposed into the same situations. It's ok, its abstract, and not especially personal. It's just entertainment.

That's true, which is why we should be heavily focused on keeping corporations small, discrete and weak enough to drown in a bathtub when they act up.

Sure - then don't let them get big enough that they start to affect public at large. Name and shame the company, not the individuals. Let the public and market decide if such a company lives or dies. Right now, we are letting them get big enough that they are turning back and are eating us.

The era of trump will accelerate this further. Not that Obama Biden were saviors, Trump and co are putting fuel on the fire

That's like saying "you can tell this is an Aspen by the way it is". The idea is that we should have control over those laws dude. We didn't just spawn in a video game and are forced to deal with it. "Cause that's what Dad says" isn't how it's supposed to be.

>The idea is that we should have control over those laws dude

Okay, what should we do to tackle long firm fraud?


Make the leadership (partly) liable again and create incentives against such happenings.

Overturn citizens united and/or fully treat businesses like a person (jail, death).

>Overturn citizens united

Who are all the people lobbying to keep long firm fraud hard to prosecute?

>and fully treat businesses like a person (jail, death).

Getting stuff on credit and then defaulting on the debt isn't illegal for natural persons either.


I have to believe you are a bot.

> That's because most crimes "individuals" do are straightforwardly illegal and easy to prosecute, whereas the "crime if a corporation does it" are not.

That's part of the point and problem because it is by design. Rich people and corporations like treating their problems as so complex as to be completely intractable. "How do you tax me when I don't have income?!" "How can I be responsible for a system of decisions?!" Etc. Rich people and corporations want nothing but upsides, and they have designed the system to work this way.

A great example of this is Steve Cohen, who got away with insider trading for years. https://www.youtube.com/watch?v=1szayJV505M. You're telling me that a small business owner whose direct reports repeatedly commit and are convicted of fraud would just be able to walk away? Yea, right. In Cohen's case, he just walked away and bought a sports team.


We need to start seizing IP into the public domain and sending shareholders to jail when their companies misbehave. I'm on the hook if my dog bites somebody, it should be no different if the role of my dog is played by a company.

Monetary risk is not a real enough risk.


While I’m sympathetic to the sentiment, I don’t see how “sending shareholders to jail” could possibly work, given how many people own shares. It’s like your dog would be collectively owned by a million people. Maybe you mean the board?

There is no room for million people in any jail system on the planet.

What should happen is to send the share price to zero or give to the government.

This was e.g. done with 2008 financial crisis for Fannie Mae and it had been paying dividends to the US citizens since then.

However there exists discussion whether this was a good thing in the end.


FYI, the US prison population is 1.2 million.

Obviously that's not the same as havingva million of currently empty capacity, but still.


Some of the largest shareholders include pension plans and every day peoples retirement accounts

Yes, I got voted to oblivion for stating this

https://news.ycombinator.com/item?id=42831013


To continue the analogy, if a dog is aggressive and hurts people it gets put down, why not put down the corporation?

Because the ripple effects are much larger. Lay off a few thousand people in most cities and you’re sinking all sorts of businesses that had nothing to do with the crime.

Putting down a corporation doesn't necessarily mean ending a productive operation. Employee or government takeover are options too.

Right, just transfer ownership to the employees and let them decide which leaders to keep around.

I do think judicial dissolution is underused, but it should require a rather high bar of malfeasance. Significant penality for executives or the board seems like a more sensible first step in general.

I figure the sentence would be something like:

> 5 years of jail time distributed across the top 20 shareholders proportional to their stake

Ideally a judge wouldn't hand out such a sentence if it involved punishing people who didn't have a controlling stake, but I don't think we should rule such things out. I can be held criminally liable for negligence when my dog does something that I wasn't even around for or aware of, there's no reason that shareholders couldn't also. If you don't have enough control to prevent your property from committing crimes, you should probably change that.

I don't know enough about where corporate structure norms stop and where the law starts to know if "the board" is something that is always going to be available for prosecution, which is why in general I mean the shareholders.


A charitable reading of that would be shareholders who have enough sway to push corporate action. Boards, really.

But the board is just an elected representative of the shareholders. They don't necessarily own anything and they don't have day-to-day insights over the company, which is where the details of crimes lurk. They might not even have any direct financial interest in the company, and instead they're employed by an institution to represent their interests.

"Shareholder" are not people who own a stock in robin hood.

It's large players with board positions who reap the benefits and turn a blind eye to blatant corruption.


> "Shareholder" are not people who own a stock in robin hood.

If you own even a fraction of a share of a business (say IBM), you are, by definition, a "shareholder" in that business. It does not matter if it is via the RobinHood app., or a JP Morgan Chase Premier Brokerage Account.


Yeah, this place is starting to sound like reddit. Unhinged SJW everywhere.

It's not about justice, it's about designing incentives to prevent future bad behavior.

If you have neither control nor information that is sufficient for betting that the investment won't harm people, don't invest.


I own stocks in several companies, as most people on here probably do. There's nothing wrong about what they're saying, I'm a shareholder. If one of the companies I've invested in commits genocide I don't think it would be unfair for me to be punished in some way beyond the monetary loss of my investment.

Though I agree that monetary punishments to the company are much more effective than jail for some random shareholders. They just need to be large enough.


The people on the board are rarely the largest shareholder. In the case of both Google and Facebook, the board doesn’t really have too much control at all since the founders hold the majority of voting power.

That would be like you sending the whole family to jail if one of them commits a crime. They are separate legal entities.

No, it would be like sending one or more family members to jail because of what their dog did. If the family can't agree on who is responsible for the dog's behavior on their own, it's not crazy to distribute the sentence to more than one family member.

Dog isn’t a legal entity.

Corporations can't be jailed, so if the sentence would otherwise be jail time, neither are they in any way that matters.

So should every one who owns stock in a company - including mutual funds go to jail?

Maybe? It should at least be debatable, not taboo, to consider. One's investment into a criminal enterprise could arguably be contributing to or encouraging that crime. Having this nearly-impenetrable corporate veil that shields decision-makers, footsoldiers, and funders (both institutional and retail investors) from consequences of their actions seems like the extreme end of a spectrum that should be explored. But when you even bring up that it's a spectrum, people clutch their pearls and trot out the "think of those poor retiree passive investors" line that shuts down thought and prevents even considering change.

> It should at least be debatable, not taboo, to consider

It's not taboo, it's stupid and unworkable. You're proposing sending half of America to jail if any Fortune 500 commits a crime. That's a get-out-of-jail-free card, not meaningful deterrence.

Massive. Fines. Everyone keeps trying to be creative about penalising corporations without levying massive fines. Just levy the fines. You don't need to lay anyone off, you're just wiping the shareholders (and management) of their wealth and transferring ownership to creditors.

The "corporate death penalty" was the greatest invention of the corporate lobbyist. It successfully derails conversations about massive fines, which are workable and scary, into ones about charter revocations and whatnot, which is not.


Agreed that massive fines (or, in my view preferably, massive stock dilutions) are better. However

> You're proposing sending half of America to jail if any Fortune 500 commits a crime. That's a get-out-of-jail-free card, not meaningful deterrence.

This is a poor argument.

If the law would be as such and be upheld, everyone would start making damm sure the companies they invest in are trying their hardest to adhere to the law. It would also work as a strong counterbalance to megacorps. Both which would be incredibly positive developments.

It's similar to rules in football. "Well if you start carding players for getting angry at the ref then half the team will get a yellow card every game!". Yes, the very first game this might happen. The second and third it sure won't.


> If the law would be as such and be upheld, everyone would start making damm sure the companies they invest in are trying their hardest to adhere to the law

So everyone in the US is going to do due diligence on all 500 companies in the S&P 500?

Also you act as if the majority of Americans care about the law or ethics? You do remember the election we just had don’t you? The support that the majority has for 1500 criminals who just got pardoned?


No, just Fidelity and Vanguard (and S&P themselves) have to do due diligence for this sort of thing. In reality though, if $100 billion fines were on the table for companies like uber, that diligence would be priced into the stock and it would be far more effective.

I don't think that scratches the itch. The point is to hold people personally responsible for what their money is doing. Mutual funds should be risky business because they obfuscate important details from the person who's making the decision--that's not a recipe for markets that work well.

> just Fidelity and Vanguard (and S&P themselves) have to do due diligence

You're proposing bankrupting millions of Americans' retirements because Uber didn't follow local taxi rules?

> if $100 billion fines were on the table for companies like uber, that diligence would be priced into the stock and it would be far more effective

Yes. Again, we're re-inventing massive fines.


> If the law would be as such and be upheld

It wouldn't be upheld. It couldn't be upheld. The first time somebody were stupid enough to try to uphold it, it would prompt a popular firestorm that would undo its effects. (I'm not even approaching the numerical impposibility of attempting to enforce something like that.)


The way I've been imagining it, the jailtime would be allocated among the top 5 or 10 shareholders according to their stake.

The thing you are suggesting is jailing every adult American with a 401k when a corporation misbehaves.

You say that shouldn't be taboo, it should be debatable. Alright, I'm listening, tell me how that wouldbsolve more problems than it would create.


Nobody said every shareholder would go to jail, just that it should be more common that some of them do.

But supposing that you did propagate it to every shareholder... I think that creating an incentive to divest in companies that are likely to commit crimes, and to avoid financial instruments where you can't be sure just what it is your money is up to, would create a much healthier investment environment. There would be more homework done before deciding which companies ought to get the boost. As it is, there are no market forces working to prevent cases where investors are enabling activity that are harmful to the rest of us.

Those mutual and index funds where the investor is disconnected from whatever harms their money is doing are a hazard to us all. Investing should mean understanding what you're investing in. The whole system needs more types of risk, it's currently like a car with no steering wheel.


> Nobody said every shareholder would go to jail

You didn't, but the person I replied to did.

Two comments up was:

> So should every one who owns stock in a company - including mutual funds go to jail?

And the person I replied to says maybe so, let's consider it.

56% of US civilian workers have a IRA/401k or other work retirement plan. I say no, let's not consider jailing a majority of the country's working population.


So you propose putting 40% of the population of the US who have money invested in the S&P 500 in jail?

I’m not proposing that at all. False dichotomy. Is it possible that there is a reasonable middle ground somewhere between “shield everyone involved in corporate wrongdoing” and “send every investor to jail?”

Your words were

> One's investment into a criminal enterprise could arguably be contributing to or encouraging that crime

Every shareholder is an “investor”. Well not really, when you buy a stock unless you buy at IPO or secondary offering, you are buying an ownership share from another holder.

So if you really want to go after “investors” you would have to find all of the investors who invested before the company went public and the ones who bought at IPO.

We also have to go after any bank who lent the company money since they were also “involved in the criminal enterprise”.

In the case of Amazon, you would definitely have to go after Bezo’s ex-wife since she is a major shareholder.


You're reading the post of the OP uncharitably (which is against the rules) and are deliberately misinterpreting their words into ridiculous extremes.

Please unlearn that.


How would you read it “charitably”? Be’s repeatedly said that all investors should be criminally on the hook for crimes committed by the companies they invest in.

yea sure let’s make taking risks even harder

we as a society are better off when people take risks


That's only true when they're risks associated with outcomes that people generally find favorable.

If the corresponding reward is that I pull off a successful crime, then we as a society are worse off for having funded the risk.


Contrast that to how individuals get the hammer put down on them by the justice system if they so much as fart in the wrong room.

The thing is though - in America people are corporations except of course no one will teach you that. Open an single-person LLC and boom - you are now corporation. Have a rental, move it under LLC, own a car, LLC… now you are corporation (with limited to no liability) :)


You have to be very careful with this, especially as a single person corporation.

https://en.wikipedia.org/wiki/Piercing_the_corporate_veil

Moreover most of the difficulty in prosecuting corporate crimes comes from the fact that responsibility is spread across multiple people, that it's hard to prove anyone did anything wrong. Obviously that won't work with a single person corporation.


That’s not quite true. It’s just the first step. Your business then has to observe and perform all the required customs and ceremonies (board meetings, etc.) in order to be respected by the law. Otherwise a court can “pierce the corporate veil” and find individuals liable for their actions.

I am speaking from personal experience… all those customs and ceremonies are formalities you pay a company few bucks a month to handle for you…

What companies do this for you? I wasn't able to find any in a few minutes of research. I found several that operate as a registered agent, but that's just one piece of the puzzle.

My favorite example is PG&E: convicted for 84 counts of involuntary manslaughter after the Camp Fire, the punishment was… a $3.4 million fine, because you can’t incarcerate a corporation.

https://www.abc10.com/article/news/local/wildfire/pges-mansl...


This has actually been partly why when people ask me about my business I tell them it sometimes feels more like a statement about incorporating yourself.

Minus the crime part to be clear. I actually try to hold myself to a high ethical standard.


If you go down the list, every single reason written or not that illegal taxicabs for example are illegal doesn't apply to ride sharing platforms this is why you see such a major propagandist push from taxi companies about Uber drivers being rapists, serial killers, mass shooters etc while taxi drivers are angles.

The laws exist for a reason and it's not to protect the wages class of people who drive taxis. Since ride-sharing doesn't break the letter nor the spirit there is very little desire to change laws to make it illegal.

An individual choosing to break the law on the other hand, well, we've already seen what happens, things get bad fairly quickly as opposed to the decade plus of relatively spotless service from Uber and similar companies. There is even a statistically significant gap in DUIs compared to certain cities that banned ride-sharing companies, though I haven't seen a proper meta-analysis yet.


This is only gonna get worse, we just had the CEOs of massive corporations actively campaigning for the current president.

This also happens in the EU, tho.

there are some exceptions, when US jails EU CEO https://www.theverge.com/2017/12/6/16743308/volkswagen-olive...

Make company leadership (partly) liable again and create incentives against such happenings.

I’d say “it’s not a crime if ur rich” or “it’s not a crime if ur powerful” is more fitting.

This will get worse soon with the oligarchs in power.

And by the way, this is preaching to the choir. Nothing will change if we keep echoing the same things to ourselves.


Luigi Inc.

i find this comment strange. limited liability is by design

The "design" is sensitive to which liabilities are limited for whom.

Shielding marginal or non-voting investors from disproportionate responsibility for things essentially out of their control transfers risk from them, and makes it easier to move money to useful places. That's great!

Shielding key decision-makers and large-stake owners from responsibility for actions performed at their behest is not so much. And in fact, the pure "design" of limited liability has means for "piercing the veil" and keeping these individuals responsible and for wholly disolving corporate charters.

It just turns out that once commercial enterprise grows big enough, or is steered by influential enough leadership, capturing regulation and enforcement to serve their own interests, they can undermine those safeguards and assert a kind of wholesale corporate immortality and immunity that completely undermines the "design" -- a bug in the implementation of that design, if you would.


Limited liability means the shareholders are shielded. It’s not supposed to mean the company itself is shielded.

Yes, limiting the liability of criminals from prosecution is the design. That's what's wrong with it, and why we must stop it.

'Corporations have neither bodies to be punished or souls to be condemned. Hence they do as they please.'

-Edward, Lord Thurlow.


Tangentially, my other favorite on such things:

> There has grown up in the minds of certain groups in this country the notion that because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary to the public interest. This strange doctrine is not supported by statute or common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped, or turned back.

-- Robert Heinlein, Life-Line


Please cite example of farting in the wrong courtroom.

Either that, or your post is hyperbolic.


Yes. Yes it is. Congrats you cracked the code.

And yet, if someone replies “that’s exaggerated” they’ll be told they’re wrong.

Have your cake and eat it too


hacker news discovers literary devices

Yea, there is way too much “everyone below me in [skill | cleverness | intelligence | creativity] is a drone (or NPC)” attitude in tech. Not saying OP thinks this, but the word use is kind of icky.

I use it deliberately to invoke these negative connotations. I am not commenting on the skill, creativity, or any other aspect of the drones. I think it's just a fairly basic fact that most of us are drones. We go to work, we do what we're told, we get paid. There's no shame in it. Being a drone is an honest living. It just seems that many here are in denial of that. They think that every worker is going to be a special snowflake doing their own creative little thing instead of a small cog in big machine that has to fall in line with every other part.

I think it's just out of touch with reality. If you are applying for a job, then they probably want someone who does what their told reliably and predictably, and you probably want to get paid. So you should show them that you are capable of doing what you're told reliably and predictably. You exchange your time for money and everybody benefits. It's just a waste of everybody's time if you are going to rage against this process—insist on not doing what you are told and then get angry when the result is not getting paid.


There is no need to invoke negative connotations about an honest day's work. Obviously not everyone is John Carmack or Ken Thompson. Just because most of us are a small part of a large company, that doesn't mean we are drones.

I think by describing it in the starkest possible terms, one can elucidate the situation. What people object to here is the idea of being a drone, and I'm saying "you are and it's fine".

That seems like such a bizarre restriction imposed by the app developer. They must have gone out of their way to stop this, because every application on my system can run from pretty much anywhere on my filesystem.

It's as if a Windows developer decided their program should only be runnable from a directory under "Program Files". So weird! Do they provide an explanation on their web site for the change?


I try to avoid all smart devices, but I moved into a house that already had "smart" garage door openers installed, so I thought I'd try the smartness. It is indeed ridiculous in that it requires an Internet connection to work. Here I am, with a remote control device (my phone) that is on my LAN and a garage door opener that is on my LAN, but I need to do a round trip to the Internet to communicate with it? What idiot designs these things?

There has been some uproar lately about a particular manufacturer shutting down access to the API used for their garage door openers to HA, I forget the name but there was a Q in it I believe.

The solution, as I understand it, is a little device which talks the protocol of the door opener that gives you fully local access the way it should be.

I'll try and dig out the link now in case it's of use to you.

EDIT: Here you go https://www.home-assistant.io/blog/2023/11/06/removal-of-myq... Hopefully that can point you towards a solution for your opener (and the state of affairs).


And the fix for this is ratgdo[1].

I got one for my decade-old not-smart opener around the time the manufacturer was shutting down API access for their fancy new smart models. Works like a dream. Why would anyone want to spend $$$ buying a fancy new cloud-smart appliance when a simple little chip can make the old one local-smart?

[1] https://ratcloud.llc/


Thanks for providing the name/link for everyone, I remembered it had "rat" in it, but couldn't quite recall what it was.

Yea, that's the kind I've got. I solved the problem by simply not using or caring about the "smart" feature, since it's pretty pointless. Why would I even need to open or close my garage with an "app" when the button is right there by the door?

I don't have a garage door opener myself, but from what I've gleaned from US YouTubers is that they like to know the _state_ of the door, open/closed which is handy if you use home automation.

I imagine if you're driving into the garage from outside you have a physical button in the car with you to open it, and if you don't run home automation, the "automation" part is likely not very useful.


I like knowing if the door is opened or closed from remote. Kids sometimes forget to close the door, and it's reversed direction before because the tracks needed lubricated and it raised the door again after I had pressed the button.

Mine shows up on car play on my dashboard when I get near home.

You could open your garage when coming home by pressing a button on your phone.

Look at it from the vendor’s perspective. Most people still want to be able to access and control their home from outside their home network, which generally means going through a hosted server, so why go to the extra trouble of implementing a separate method for local LAN only when you could just use the same central server? It’s almost always the case that the local LAN can access the internet, so there’s not much incentive to make it more efficient.

Yes, ideally the local user should just hit the local hub directly, but it’s double the development effort for negligible benefit.


> It’s almost always the case that the local LAN can access the internet

Said vendors and I have a disagreement about what constitutes acceptable failure modes...


I agree there isn't much incentive, and this is where standardised local protocols like ZigBee, Z-Wave etc come in; I can buy the hardware I want and run it how I want and those who want simplicity can buy a local hub, which can cover the cost of the hosted servers I have no interest in.

Failing that, I'd settle for manufacturers adding an option in their app of wherever suitable, that will let me change the server URL and leave me to it, I'll reverse engineer then protocol, or if they're feeling generous they can open source or provide an API doc.

Unfortunately, my experience reverse engineering lots of devices over the years is that they're often sharing more than they should, and subsidising the devices they sell you with your data.

There is also an overwhelming number of hardware manufacturers who just have piss poor software with atrocious security who should probably be embarrassed to release their code.

We already know what it's like in home WiFi router world.


> What idiot designs these things?

This is carefully planned.


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