Against Chris Murphy, SOPA and PIPA

It seems only fair that I should become involved with all my State and Federal representitives on the issues of copyright protection, the SOPA and the PIPA. Since Chris Murphy keeps sending me email, I will start with him.

http://projects.propublica.org/sopa/M001169

The above link shows, that Murphy does not publically support or oppose the stupid copyright protection laws.  However he does vote 91.66% of the time with his party, which does support myriad stupid laws, including SOPA and PIPA, and accepted significant donations from the industries attempting to buy those laws from him.

http://www.opensecrets.org/politicians/summary.php?cid=N00027566

The link above shows who contributes to his campaigns, and other good information to get to know the man.  I have not ever met him, but it seems cowardly to me that he does not openly proclaim his support or his opposition to the current issues like the SOPA and PIPA laws he will have to vote on some day.

I left him short email telling him of my efforts to oppose him personally because of his tacit support of the copyright laws because of  my experience at the wrong end of existing laws.  Funny how I spent more time proving I was his constituent than writing the email.  I needed the zip plus 4 because my district has been re-drawn and most Torrington is now in a different district.  But Murphy is my congressman.

On to the Senate.

Copyright 2012 Kent Johnson

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Econ 101 – The principles of economics

Stop all welfare and remove the minimum wage laws and we will all be on the streets looking for a 25 cent tip like people in the developing world.  But that is not a solution any sane person would recommmend, at least no sane Democrat. But that is how we can return to near 100% employment.  Instead we raise the minimum wage, add new regulations to make it more difficult to hire people,  arrest people who illegally sell hot dogs on the street or work “under the table”, and wonder why the unemployment rate is so high. 

What economists do is to try is to figure out what is going to happen economically when new laws and other influences change how people spend money. If I am right, and you will have to make your own decisions, our quality of living is not likely to improve, but that of the developing world will continue to rapidly improve unless hampered by politics,  local corruption or other disasters in their home countries.  So the majority of the open, free markets will grow rapidly while our market stagnates.  Their quality of life will improve dramatically and ours will not improve at all.

Economists TRY to predict future events more like geologists predict earthquakes than like weathermen.  Unlike weathermen who can predict some weather in the short run, economists are always wrong statistically speaking.  All economists can do is influence economic policy, which is a good thing because Americans insist on passing laws to regulate everything.  Economists know certain things have caused disaster for the economy historically, and they convince government to pass laws to avoid those bad things.  The trouble is that keeps us convinced that we need laws to prohibit and permit practically every action we decide to do.  You need five permits to sell a hot dog on the street almost anywhere in America. 

Economic trends that lead to economic disaster or economic growth are evident to anyone looking at history.  We will talk about those obvious trends and policy here.  So many things influence the economy, however, that predicting the future is impossible.  How much more difficult when we have new laws and policies that govern our economy.  Now days it seems the entire economy is regulated by law through tax policy and television and radio ads to try to influence our spending habits.

Historically, in the US we wanted more prosperity, more people making a living wage, so we instituted minimum wage laws and other labor reforms.  It worked pretty well since the standard of living of the poorest of people raised, and income differences between the 1% and the rest of us diminished.  And we instituted some welfare systems so that those who can’t work will receive money from those of us who can.   More recently, however the trends have been different and more difficult to predict as we add new laws and regulations for insurance, the environment, and the overall bureacracy we all depend upon.

I am arguing, as economists do, that now there are new dynamics.  However my argument is that the government itself, and all the economists, are stifling the economy on a grand scale that has not been seen before in history.   No country in history has legislated and imprisoned its people like the US Government is doing today.

No one predicted the housing bubble which was supported by tax laws and other strong government influences.  Banks held so much money backed by our homes.   Then the homes suddenly lost value and the banks , and the next economic trends are likewise sure to be seen by future economists as obvious results of our economic systems.

In order to simplify the situation we might examine the simplicity of the economy noting that it works like you or I work.  This is the simple, old, dynamic that happens around the world when there is no complicated government intervention.

In personal terms there are two and only two ways to earn more money.  The first is to work harder, the second is to find other people  to pay you.  In terms of the economy there are two ways for the “economy to grow”.  The first is increased productivity, doing more with less or working harder.  The second is to expand markets or find more people to buy our goods and services.   In the US we have a growing population overall, due mainly to immigration, so that is an expanding home market.  But that isn’t the only reason for our historical economic expansion.  But those very same reasons are pointing to a different economic future for us.

This simple dynamic above is visible in our connection with China and the developing world over the past few decades and explains the economic growth of both us and them.  Our growth came from increased productivity and theirs from expanding their market to us.  For example we haven’t built a commercial television set for sale within the US since 1973 because no one would buy such an expensive television with our labor costs.  Labor in China and other parts of the world has been so cheap that we buy TVs shipped to us, sending our money to them.  We get more value for our money, increased productivity, and they get our money by expanding their market.  This is a dynamic that can only continue so long as labor costs remain low and we have enough money to pay their workers.

Economists are predicting that 2014 is the year that will turn around.  Economists are always wrong, but the principles used for prediction are true.  Regardless when it happens, or if some other unforseen principle interferes, wages for manufacturing workers are increasing around the world, and decreasing a little in the US.  Eventually the world market will run out of room to expand.  But even more quickly the cheap labor will dry up.  As I have been saying for at least ten years, some day the Chinese are going to want to get paid.

That day is predicted to be 2014.  In this case the prediction is that the cheaper manufacturing labor will be offset by the increased shipping costs making it easier to produce items in local markets for the same cost.  Manufacturing will increase locally around the world and exports will similarly decrease due to the shipping costs.  It will become cheaper to repair items than to buy updated replacements.  We will see shoe repair shops, TV repair, telephone repair like in in the olden days before cheap Chinese goods were imported.  We will make television sets in this country paying workers $15 an hour for about the same price as importing the same TVs from other markets paying their workers $15 a day and shipping them.

But it becomes more complicated to understand what will happen when we examine the dynamic that we have today, and how our present system will change.  Our economy is based on high-cost, professional services, not low- cost goods, and a big change like the one that is coming is not likely to be simple, and certainly not predictable. Our complicated system of laws and regulations that rule every aspect of, well, our whole lives, and our recent history of providing domestic services at high labor costs instead of goods for export at low cost will not change overnight.

Americans seem to believe that a new law will solve any problem, and we have the laws and regulations to prove it. Soon we will see the results of our regulations when we start to compete with other markets, other countries, who have no such laws. The dynamic I refer to is difficult to see, and implicates more changes to our way of life than the picture I painted with the television example.  Our economy has gone a long way down the legislative road.  We are ruled by so many different economic laws and regulations that we require lawyers, tax specialists, accountants and a myriad of inspections to sell a hot dog.  How much more to produce a television set or institute mass transit.

Our recent economic growth is not due to selling goods to other countries, but instead to selling real estate, insurance, advice, bonds, stocks and other intangibles domestically.  We have a huge advantage over other countries because our dollar is the standard for the rest of the world based on confidence in our economy and nothing more.  This is seen by developing economies investing in our economy and using the US dollar as much as their own currencies, which supports our economy.

The complications that will affect our economy soon can be seen with the growth of the automobile and oil industries world wide.   You can buy a new car in most countries of the the developing world for $4000 with a 1 liter motor that gets up to 60 MPG.  But you can’t buy that car in the US because our emmissions laws are based on the percentage of total emmissions, not the overall emmissions.  So an eight cylinder SUV might put out five times the harmful emmissions of the 1 liter motor but the SUV passes our standards and the smaller car doesn’t.

So for us to get 60 MPG we need to use electric cars.  There is no other alternative.  These cars are expensive to build and maintain, with a limited battery life and/or a redundant power train.  But the developing world can sell cars like the Nano  http://en.wikipedia.org/wiki/Tata_Nano a four passenger 70 MPG $2500 automobile.  A car like the Nano will never be sold in the US because of emmissions standards, even though per passenger, per pound, per vehicle, by any measurement there is this vehicle puts our less harmful emmissions than any car sold in the US.  To pass our emmissions requirements the car would need twice the engine so that it can run the emmissions devices we require.

We know that recently the standard of living in the developing world is rising faster than ours.  It is all we can do to maintain our living standards while the rest of the world has advantages to catch up.  $2500 cars are easier to envision in every garage around the world than $40,000 hybrid that we are required to buy.

To review: the people in the developing world are getting paid more while Americans are making the same or less.    Their economies are growing due to expanding manufacturing markets and our manufacturing markets bottomed out years ago.  In 2014 it is being predicted that our manufacturing market sector will be able to compete domestically against low cost labor overseas because of increased shipping and labor costs internationally.  That will give us more low paying factory jobs. 

Copyright 2012 Kent Johnson

 

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My Turn: After Beating Microsoft at their own game

February 2010: Microsoft blinked in the Civil action 3:08CV1602 in Federal District Court, Hartford, Connecticut in their action against me, an individual d/b/a (“doing business as”) Compatible Computers.  We settled and they walked away.  But I am not finished yet.

Against everyone’s advice, often it felt like it was against the world, I stood up alone, with no lawyer or anyone else at the defense table and only reason on my side.  And now I want to tell my story.
One year ago a Microsoft investigator asked me to build her two computers with Microsoft Windows XP and Microsoft Office 2003 on them.  Microsoft did not sell those products, wanting the world to move to newer Windows Vista and the Office 2007 so I offered to buy the products she wanted for her on eBay and install them for her.  According to Microsoft’s expert testimony what I bought from eBay was pirated but the software looked alright to me.

In October of last year I received a large packet from a legal firm in a big city and at the same time my local newspaper ran a full banner headline “Microsoft Sues Local Shop” above the fold line on the front page.  It wasn’t until six months later I learned this July 2007 sale was the alleged “piracy”.

If you are thinking, as I did, that this is just a mistake, that Microsoft did not intend to prosecute me for such a thing you are wrong.  They did, and they prosecute people all over the world with new cases regularly. I talked to at least five different Perkins Coie and Microsoft lawyers and they expected people like me to pay scores of thousands of dollars for software piracy like mine. I do not know the merits of many of their cases against others, but I know my case and they are serious professionals.

I have every right to name names, to tell you who said what, where and when.  I negotiated that right because Microsoft wanted total confidentiality. What was filed in the case is accessible through the Federal courts system, and I can supply hundreds of pages of letters, email, and supporting documents as well.  I am writing this because I have a willingness to help others in similar situations.  Only the specific terms of the settlement document itself, at Microsoft’s insistence, are secret.

If you are a computer dealer Microsoft can and will ask you to buy their software from an eBay or like vendor and sell it to them on terms of your choosing.  If it is counterfeit, and it is very difficult to tell, they will prosecute you.  In my case they claimed I was liable for nearly two million dollars on this one purchase, but they would settle quickly for $35k so long as I agreed not to do it again.

This should be screamed from the mountaintops, published in Newsweek, it should be common knowledge that buying eBay software makes one a pirate and liable for millions of dollars in penalties.

And, again, Microsoft is serious about this, but curiously secretive about it as well.  The most senior Microsoft legal representative I met explained to the judge the he did not want to be a principle in a book I might write.   They called the ability to tell the “forensics”, the differences between genuine and pirated software a “trade secret”.  Their lawyers answered with silence when I suggested, on several occasions, they should publish a warning somewhere.  I believe this is an effort to enrich their legal department, a money making venture and spin-off industry when the software development side of their business falters.

When I was accused of piracy everyone, except my employees who knew better, just assumed there was truth to the charges.  Although I did not know the specifics of the allegations for six months, business declined, people asked me about it, and I had nothing to say except to express confusion.  Even members of my family mused there must be something to the charges

Lawyers wanted $20k retainers to help me and I certainly don’t blame them.  What I did was complicated and time consuming.  I started a web site, www.againstgoliath.com and quickly realized that it is very difficult to simply state the issues.  I believe I could have won lost income from Microsoft in a counterclaim for damages if I had hired a lawyer but I prefer to earn my money helping my customers.  I decided it is more important to let others know what is going on.

Motions were filed, discovery progressed, we accused each other of withholding information, but eventually it became clear what Microsoft intended, what information they had and what they did not have.  We met twice with a Magistrate Judge who encouraged us to settle but Microsoft wanted secrecy and I wanted to be able to tell my story.

We settled and I got what I wanted and now we will we never know if laws are violated when Microsoft asks a computer dealer to buy their software from eBay and install it on a computer for them.  The court does not have to decide if Microsoft is wrong to call such a computer dealer a “pirate”.  I have walked away from claiming a decline in business is a damage caused my Microsoft public allegations of that what I did was piracy.

And there are many other the unanswered questions, like why Microsoft does not want their actions to be common knowledge.  My livelihood was on the line and Microsoft along with everyone else assumed was guilty even though they had very little against me to present to the court.

I fought for the ability to publicize my plight, to let you and everyone else know what happened in my case.  Only you, who are reading this now, can decide whether or not it was worth the fight.
 
Copyright 2010 Kent Johnson

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Assume I am lying

Assume that so many others are pirating Microsoft software even if I was innocent.  Assume they HAVE to go to court and prosecute some innocents like me just to protect themselves.  There are just too many of us to worry about whether or not some of us are innocent or not.

If so, why such secrecy?  Why does EVERYONE but me sign a confidentiality agreement?  Why do they claim to be making $40 millions in money agreed to in these confidential documents?  Why does Orndorff fly across the country, twice, to avoid settling when he is aware that I have broken no laws?

Why does every congressman and every politician Microsoft  contributes to want to give them MORE power to put people like me out business with the SOPA and PIPA laws? 

The answer is greed.  And a bit of machismo, I guess.  They must be thinking that if they let me off they have to let others off as well, they will look soft.  So they screwed up letting me settle without confidentiality.  I can talk to anyone about everything.

Greed motivated Microsoft to wrongly accuse me of piracy.  Greed motivates our congressmen who give them the laws they use to prosecute innocent people like me.  Sure, no one cares.  No big deal.  Microsoft accuses lots of people, and no one knows if they are innocent or guilty because it is all confidential. 

Microsoft claims to have made $40 millions from these pirates in court settlements, all confidential.  And they claim they need stronger laws to prosecute more people confidentially with more power.  They need the power to close businesses while they prosecute, before they show that any laws have been broken.

And our congressmen will go along with them because they get their portion of that $40 million.  And the Justice system by which they prosecuted me without ever showing I broke any laws at all profits as well.  They all want confidentiality because it is such a mess, we are better off not knowing, unless and until they prosecute YOU.

Copyright 2012 Kent Johnson

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What kind of idiot would start a business in Connecticut?

This audit won’t put me out of business, but it will hurt.  Just look at what I have to show them, what I have to do to prepare for their coming:

Lits faxed to me of all documents I need to give them for the audit

How many man hours do I need to spend to get these documents for my audit?

So I ran the OCR on it and tried to simplify it a bit, but no.  That is it, in as few words as possible for the “preliminary audit”,  just to get ready for the audit to verify all the taxes I paid for the last three years:
 
 1. Sales & Use Tax Returns with supporting documentation showing how the return was prepared — for the entire audit period .
2. Bank Statements for all business accounts for the audit period.
3. General Ledgers and Sales Journals for the audt period. 4. Sales Invoices for the test period (4/09 througtii 6/09, 7/10 through 9/10, 10/10 through 12/10 and 1/12 through 3/12).
5. Exemption and resale certificates for nontaxable sales.
6. Purchase journal with expense purchase invoices for the test period (One year 2011)
7. Federal Income tax returns for entire audit period including depreciation schedules.
8. Fixed Asset invoices for the entire audit period.
9. Sales Tax Accrual reports and any supporting schedules and/or invoices for any use tax reported for the audit period.  10.Customer List.  11. Chart of Accounts.
12. Summary by quarter/month of gross receipts — determined by your normal filing period for Sales Tax.
13.Summary by quarter/month of sales tax accrual r payable account, adding back any payments to the Commissionerof Revenue Services – determined by your normal filing period for Sales Tax.
 
Wow, so how does anyone stay in business if they are going to be audited?  How much time and effort does one need to provide to the State of Connecticut in order to run a business?

If you are being audited by the State of Connecticut for sales tax compliance you need a full time worker to devote to the process.  It is a tax in itself.  So you need employees just to deal with the State of Connecticut in addition to hiring employees to make money for the business.  You need to keep inventory, which doesn’t make money, and write reports,  and write letters, and answer the phone for all the permits and taxes and audits you will have to endure.  The only answer is to raise your prices. 

And don’t worry about lower priced competition, the State will put them out of business.

Copyright 2012 Kent Johnson

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We pay for the stupid ads too – with a deficit spending Ponzi Scheme

 Is taxpayer money well spent warning us about problems in TV and radio ads? I just heard an ad about “over-use injuries”  (google it, you will be amazed) such as cheerleading and swimming laps that are putting our school age athletes on surgery tables.  I don’t believe it.  But surely I am paying for the ad with tax dollars.

CTEnergyInfo.com is mentioned in an ad from CL&P customers (or which I am one) which says we save resources by replacing energy efficient light bulbs before they blow out.  I don’t believe that either.  CL&P and my government are so tightly entwined that my electricity amounts to a tax based on energy useage.  More about that later. 

Our government supports spending so much money on educating us to things that are often not even true.  Sometimes eggs are good for us, sometimes not, and taxpayers help pay for both good egg and bad egg education campaigns.  How much does a radio ad cost which tells us people go to jail for giving children alcohol at home? We have laws to regulate or stop us from or compel us to do or not do just about everything we do (or don’t do).  And we pay for ads to tell us about myriad laws. It is a good idea to wear seat belts, but how many laws do we need to compel us to wear them? And how much do we need to spend to remind us that the law compels us to wear them? How many studies do we pay for to show us that it is a good idea to wear them?

But the bigger question is what all these tax-payer dollars used to educate the taxpayer does to our economy.  If we use deficit spending to pay for our own education via radio and TV advertising, isn’t that just a Ponzi Scheme?  Will our children  pay for us throwing away working, energy efficient light bulbs because we listened to CL&P advertising?  How much time and energy and insurance and doctor costs be devoted to checking our children for “over-use injuries” because our children want to pitch baseball?  Is borrowed money used to pay for an ad to tell us about jail for parents who let their children drink at home making those children pay for the education of their parents?  Is that the new American Way?

Connecticut has a law against robbing a liquor store with a gun.  Isn’t it enough to have laws against robbery in general?  Do we need specific laws about what kind of place we are robbing with what kind of weapon?  Who besides the lawmakers who make such laws benefit from them?

Don’t get me started on zero tolerance laws.  Soon we will have people killing police because they don’t want to go back to jail for not wearing a seatbelt.  The dynamic is this:  Someone does something stupid and politicians make laws against that specific stupidity as though making something illegal will stop it.

In the US we imprison more people than the next five nations combined, excluding China.  But China has five times our population, and two thirds our prison population.  Our prison systems cost us $39 billion a year.

How many people die per 100,000 from violence in the US?  Take a  city the size of Waterbury Connecticut, and you know that about five people per year are murdered there.  Perhaps six people might die from a food born illness there in a year.  I think more people die on police and hospital shows on television each year than die in reality that same year.  Our wild imagination about the dangers we might face are certainly exaggerated.  About 84 people per 100,oo0 die per year, so if you die in Waterbury there is a 6% chance you were murdered, or a 94% greater chance that you will die in Waterbury from something other than murder.

But we must protect ourselves, and our legislators must educate us on locking doors and reporting suspicious activity to the police.  I saw a recent interview with “snack man” a guy videoed interfering with a fight on a New York subway.  He calmly stood between two people who were fighting and continued to eat nachos.  When I saw people fighting on the street yesterday I took inspiration from snack-man and calmly walked between the fighters.  They paid no attention to me.  I stood between them and talked calmly to the louder of the two: “go home, come on home, go home”.  I walked with him up the street a few feet.  Then he thanked me.

So should we pass a new law?  NO!  We have enough laws. We just need to make sense.  But not much chance of that if our congress costs us $5 billion and our prisons cost $39 billion.  We are SO invested in our way of life. So many people make their living from our tax payers that the system is topsy turvey.  Our government is just a mechanism to extract money and then inject money back into the system.  And since we borrow the money we inject into the system, our system is a Ponzi Scheme.

Every time you hear public service announcements about school lunch or inland waterways, or lead paint, or eating healthy,  or fracking for natural gas just remember you are paying for those announcements with money you don’t have for purposes you may not agree with, without your approval, often announcing things that are not true.  And that is, sad to say, the new basis for our economy.  It is, now, the American way and stopping it is a fight Against Goliath.

Copyright 2012 Kent Johnson

 

 

 

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Corrupt contractors and government officials???

I used to work for the Danbury News-Times hmhm years ago which makes me proud they have published an example of a very common practice.  Aa  Danbury contractor, Mark IV, bid on a sewer project in Trumbull and  came in way under all the other bids.  Surprise, because “other companies said they could install pipes for $36 or $46 a foot, Mark IV said it could do it for $1. When the others said trench dams would cost up to $2,500 each, Mark IV said it only needed 1 cent.”  Surpise!  Mark IV ran into some cost overruns that brought the project to “almost as much as the highest bidder”.

http://m.newstimes.com/danbury/pm_9223/contentdetail.htm?contentguid=zmiLFm3q

The government employee had to award the contract to the lowest bidder, and there are mechanisms in place for cost over-runs.  So the government employee doesn’t have to do his job, just award the job to the lowest bidder.  And the lowest bidder can jack up the price later.

So why do I write about this?  Because the poor tax payer does not seem to know or care that we can do something about our government cheating us.  Who do we go to?  The government who is causing the problem?  The contractor who is winning the game?  The newspaper?  Who can make the laws make sense?

I worked for 16 years with the Connecticut Department of Adminstrative Services (DAS) and the things I saw were not really criminal, but political.  The laws are stupid, like these municipal buyers are required by law to take the lowest bid, even when the bid is ridiculously low and will eventually cost taxpayers more money later.

If government workers don’t take the lowest bid for good reason they are doing a good job.  But how can they know?  How can anyone stand up against a stupid law?  So how can we take care of the problem?

I am not going to suggest new laws.  We have enough laws.  We can find something on the books that blames both the government employee and the contractor when they are unable to make a contract work.

But we can’t find anything against making and enforcing stupid laws.  That is where we should be able to start.

As it is not it doesn’t matter who is responsible.   Who cares?  The taxpayer is going to pay for it no matter what.

Copyright 2012 Kent Johnson

 

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Hall Of Shame – Disgraceful but legal conduct

Benjamin O. Orndorff attended both private conferences in Judge’s chambers, the Microsoft officer authorized to settle the suit with me in court.  Sends his flunkies to defendants to say he is a nice guy, better then the other Microsoft guys who handle copyright cases.  He knew I was innocent (or didn’t care)  but flew across the country twice to meet me rather than settle honorably. He has quite a history, see the links below.

http://techrights.org/2011/01/19/hard-evidence-re-cptn/

http://www.corporationwiki.com/Washington/Redmond/benjamin-o-orndorff-P5714374.aspx

http://www.superlawyers.com/washington/lawyer/Ben-O-Orndorff/c120e58b-6783-40cc-80bf-09457cf9a093.html

http://www.martindale.com/Ben-O-Orndorff/1772658-lawyer.htm

Katherine M. Dugdale Kdugdale@perkinscoie.com , ivasquez@perkinscoie.com 1620 26th Street, Sixth Floor South Tower, Santa Monica, CT 90404.  She was the one who took charge of the case, working for Orndorff and his group.  She didn’t care that I had broken no laws and probably saw the whole case as billable hours.

Brian C. Roche broche@rochepia.com RochePia LLC, Two Corporate Drive, Suite 234, Shelton, CT 06484   (203) 944-0235, fax (203) 225-1244  Roche and Pia were local flunkies chosen presumably by Dugdale to file the suit in my Federal jurisdiction.

Gerald C. Pia, Jr gpia@rochepia.com RochePia LLC, Two Corporate Drive, Suite 234, Shelton, CT 06484   (203) 944-0235, fax (203) 225-1244

John K. Roche jroche@perkinscoie.com PHONE: 202.434.1627 FAX: 202.654.9106.  When things started looking bad for Dugdale she chose this Roche to take the heat for her.  The one who said I evidenced illegal behavior while tacitly admitting I had broken no laws.

Sue Ventura, Microsoft expert “trained to identify genuine and counterfeit Microsoft software components…”

Patricia Urban, Microsoft Investigator aka Diane Hydock.   She was the inspiration for the Hall of Shame, the one with the fewest scruples of all of them, except maybe Orndorff.

http://www.tabberone.com/Trademarks/HallOfShame/CyberCops/SecurityEssentials/SecurityEssentials.shtml

 Sharon Cates, Microsoft attorney, the one who should have known I was innocent, said things about my case in my local paper that were confused with other cases.  Didn’t know anything, but that didn’t stop her from talking.

  http://www.linkedin.com/pub/dir/Sharon/Cates

To the Micr0soft and Perkins Coie (http://www.perkinscoie.com )    lawyers I met and name in my book:

I will offer you confidentiality.  Until May of this year you can pay me $34,000 and I will take down the web site and agree not to do any more work against your hideous legal practices. 

From May until October, when I start the book tour, the  price goes up to $67,000.   After that it will be $100,000.

I don’t think that will be enough for me to enter the One Percent, but I am not as greedy as you.

 Copyright 2012 Kent Johnson

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The First Answer – No retaliation

No sanctions for not signing the waiver

It took only one day to receive a manager saying there are no sanctions

I received a fax.  Undated, no phone call, from George Hary, Tax Unit Manager, and he sent a copy to Barbara Runcie, Taxpayer Advocate.

I have not received anything from anyone else, but I still believe signing a waiver to the Statute of Limitations is not something I should be required to do, but I am still looking into it.

 

Copyright 2012 Kent Johnson

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The Audit Blog

The Department of Revenue Services Audit Division does not date correspondence.  If you receive communication from them be sure to record the date.

I do not know what date I received the package announcing my audit, but it did say the appointment was May 3, 2012, and they wanted me to waive the Statute of Limitations before April 6.

Yes, you heard me.  The letter said Lisa Cocco may have already contacted me but to please mail the waiver before April 6, 2012.  Ms. Cocco contacted me for the first time yesterday afternoon.

So  I wrote this letter to Department of Revenue Services Problem Resolution:

——————————–

April 13, 2012 

DRS Problem Resolution Taxpayer Advocate Office 25 Sigourney Street Ste 2 Hartford,CT06106-5032 

Dear Sirs, 

I received an undated package of information from Diane Pinho Monteiro the beginning of last month saying I will be audited. Enclosed is a copy of the cover letter.  The letter says Lisa Cocco may have already contacted me for a preliminary meeting.  Prominently placed is a request that I sign and return, before April 6, 2012  a “Consent to Extend the Statute of Limitations”. 

Yesterday at about 1 PM I received my first contact with the Audit Division with a phone call from Ms Cocco expecting that I would have already signed and returned the Consent form. 

In a lengthy but cordial and polite conversation with Ms. Cocco I was surprised to be called directly and by implication “uncooperative” for hesitating to sign the Consent form.  I pointed out repeatedly that the problem they have is with the Statute of Limitations, not with me.  She apparently did not understand that point, so I asked to speak with her supervisor. 

I spoke with Diane Pinho-Monteiro as well, who likewise does not seem to understand the simple point.  She repeatedly pointed out that the law allows me to sign the Consent form as though giving up rights is a viable alternative to being protected by Statute. 

I received a fax from Ms Cocco (enclosed) stating “there is no option to request an informal hearing…” and asking for “cooperation and assistance”.  No mention is made of the fact that I asked for acknowledgement that abiding by Statute is not uncooperative.  It appears to me removing the “option to request an informal hearing” is retaliation for allowing Statute to rule the audit. 

Please clarify my position as a tax payer in an audit.  Does not signing the Consent form mean I am uncooperative and subject to sanctions from the Audit Division? 

Thank you for your kind attention to this matter. 

                                                            Kent Johnson, Owner

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I will keep you all updated on the progress of this issue, and the entire audit. 

Copyright 2012 Kent Johnson

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