Thursday, February 17, 2011

Making Easy Money


Of all the interesting new tech that seems poised to garner a lot of buzz in 2011, near field communication (NFC), is probably the most exciting. If it takes off, it will transform the ways we communicate, share, and make payments with digital devices. This will likely take years to happen, but the groundwork is being laid right now. And RFinity is one of those companies at the forefront.


While Google and Apple are responsible for generating much of the buzz about NFC at the moment, the technology goes far beyond simply having the right type of chip in your mobile device. For example, how do you handle different types of data transfers being made from one device to another? And how to you ensure that they happen as quickly as possible? And most importantly, how do you ensure that they happen securely? Those are the things that RFinity is thinking about.


The company has just raised $4 million from Horizons Ventures in Hong Kong. And the space has gotten so red hot, in fact, that we hear they’re already out raising another round.


And it’s an easy bet for investors to make not only because of the space, but because of where the project originated: The U.S. Department of Energy. Specifically, RFinity was born when a bunch of infrastructure security experts working for the government were assigned to find all the vulnerabilities in cell phones. Through software they came up with, they were able to quite easily eavesdrop, manipulate SMS messages, and even compromise LAN security. Then they set out to figure out a way to stop people from doing those very things. That work led directly to RFinity.


Work originally began in the person-to-person and person-to-vendor sales space by way of mobile applications that route transactions through RFinity’s own secure servers. But now that NFC appears ready, RFinity is making sure they’re ready for it. The idea is that their technology could cut out the middle man here: themselves.


Obviously, the company isn’t going to share all the details on how they secure NFC transfers. But the basic overview is that they verify an incoming NFC signal and ask for a user’s permission before taking any action. Further, if the action is a transaction, it requires a PIN, just as you might do an ATM withdrawal. That’s all pretty standard. But the key is one-time-use transaction codes that RFinity creates on the fly along with complex cryptographic signatures. These ensure that an transaction is secure since it means that every transaction can only happen once. Even if those numbers were intercepted by a hacker, they would be useless beyond the one-time payment.


And even if your phone is lost or stolen, a thief couldn’t do anything without your PIN. And you can remotely shut down your NFC capabilities via RFinity. It’s enough to make me wish I could throw out all my credit cards right now. “Today’s identification and transaction systems are based on what? A magnetic strip on the back of a card, based on a 1950’s technology that relies on a base station to read the information embedded as a series of simple magnetic markers in plastic tape,” writes Josh Jones-Dilworth, who is working with the company to bring them to market.


Again, NFC as a technology is great and potentially game-changing. But the software is still needed to make it actually work. And some of the big guys began realizing that early on as companies like PayPal, Bank of America, and even Subway have been testing out different things with RFinity for some time. In fact, RFinity has actually been doing field tests of the software end of their technology since 2009 in places like Idaho, well before most people in the U.S. had ever thought about NFC.


But now people are starting to care. And soon, they could be caring a lot more. NFC is already built-in to Google’s new Nexus S device — and the company has put out a call for developers to start using the tech. Rumors have the next iteration of the iPhone gaining the technology as well. In other words, I suspect we may be seeing acquisition rumors starting to fly around RFinity in about six months or so. Provided their technology proves up to the NFC challenge, of course.


Thought the ZH famiglia would enjoy this comment from my old friend Sol Sanders, who has been watching China long enough to actually remember Mao. I read Chinese history as an undergrad and worked as a banker in the semi cap equipment market, which is now dominated by Asian nations.  But the export market that China and its neighbors depend upon has never come back.  Is China the next Egypt?  A version of this column is scheduled for publication in The Washington Times, Monday, Feb. 14, 2011.  -- Chris
 

Follow the Money No. 53:  Rolling the dice in China

By Sol Sanders <solsanders@cox.net>


When scientists get further along with epigenetics, they may discover the Chinese have two unique DNA: a gambling gene, and another for hospitality. The first, of course, explains why Macau is odds-on favorite for replacing Vegas as No. 1 world gambling champion. The second suggests why few escape the lure of a Chinese campaign to win visitors’ hearts and minds.

Looking at a new determined shift in Beijing’s economic strategy, one has to chalk it up to that gambling gene. Intoxicated with turning into “the world’s factory”, Beijing plans to sail right past their successful collaborative development with foreign multinationals. Its new strategy literally amends Maximal Leader Deng Hsiao-ping’s dying instructions two decades ago to hide their capacities until they had achieved his four modernizations.

One can only chalk up Western businessmen naiveté to that second suspected Chinese gene, the ability to vamp any visitor. Of course, Frederick Engels, Karl Marx’s more literary companion, explained it all more than a century ago. He foresaw that on the way to the gallows, the capitalists’ greed would drive them to compete with one another to sell the rope to their executioners.

From mid-summer last year Chinese authorities – as a muddled but highly informative U.S. Chamber of Commerce report concludes – shifted from defense to offense. Years of studying their acknowledged total dependence on foreign technology has culminated in proposing 16 new megaprojects. With them they aim:

1] To provide new opportunities for stealing foreign technology. Now, before any technology can be introduced into China, it must be intensely “studied” -- in fact, stolen even before it enters the market. Another is increased allocation of “patents” to Chinese firms with virtually no verification, making it virtually impossible to pursue legal indemnification for losses.

2] To restore the primacy of the SOEs, the state-owned enterprises, those giant behemoths notorious for their inefficiency and corruption but powerful political entities. Massive funds [$25 billion] -- out of the huge 2008 stimulus package, originally aimed at warding off contagion from the world financial crisis – have been allocated to the SOEs to produce “indigenous innovation”

3] To continue to ensnare foreign companies, Beijing will suggest in return for continued tech transfers, they will get a share of the growing Chinese markets. They will also be offered participation in new technologies in China using government funds. But increasingly “import substitution”, that protectionist policy which crippled much of the third world before “globalization” became fashionable, is government policy.

Beijing’s new turn is loaded with risk. The history of Chinese innovation during the current boom is miserable. Eighty percent of China’s major firms do not have R&D at all.  One reason may be it has been so easy to rent or steal needed foreign technologies. But there may be even more important – if difficult to evaluate – cultural factors.

Although China was historically leader in basic scientific development, simply said, the Europeans picked up on those breakthroughs to initiate the industrial revolution leaving China behind. Why? The answer to this question is perennial among scholars. One answer lies in China’s intense bureaucratization, in part arising from the need for huge collective enterprises – largely for water control. Another, of course, is Chinese learning has always put the emphasis on rote memorization and an inordinate, even religious, respect and adherence to what has gone before. It may be no accident, as the Communists used to say, now bereft of its Marxist-Leninist-Maoist dogma Beijing is turning back to Confucianism. [A statue of Confucius was recently installed in Tien An Mien square alongside a huge portrait of his greatest adversary, Mao Tse-tung.] With its emphasis on ritual, Confucianism represents the antithesis to the restless European [Greek] mind. An even greater threat to the new effort to produce originality may be the all pervasive corruption permeating Chinese life today which means vast sums promised R&D will go astray.

China is also taking other risks. Despite an intense campaign, Beijing has not been able to lure home more than a few prominent scholars among more than 62,000 Chinese in the U.S., many in technological research. With ties in both cultures, they have been critical to transferring technology. The new Beijing strategy may jeopardize that relationship as American business, reluctantly, and the U.S. government becomes increasingly cautious about China deals.

True, economic development in East Asia was always full of warfare over intellectual property. Japan, Taiwan and South Korea have been major culprits. But the Chinese pour salt in the wound by offering products overseas based on stolen technology. Thus California’s former Gov. Arnold Schwarzenegger was talking to the Chinese about proposed federally subsidized high-speed rail based on their theft from three foreign companies that had cooperated in creating them in China. At the moment, Washington is grappling with the proposed purchase by Huawei, a Chinese entity with military connections, of an American IT company with the Pentagon as a client.

Beijing’s gamble if successful would insure continued giant leaps forward but like Mao’s infamous economic plays, this one could prove catastrophic.


bench craft company scam

Washington Extra – Royal <b>news</b> | Analysis &amp; Opinion |

As is increasingly the case, the United States is finding that talking pro-democracy is one thing. Dealing with the aftermath of uprisings another.

Arrowheadlines: Chiefs <b>News</b> 2/17 - Arrowhead Pride

Good morning Chiefs fans. Once more we've gather the latest Kansas City Chiefs news from across the internet (and there wasn't much today). Read on.

Small Business <b>News</b>: SMBs and the Economy

Recently businesses have expressed concern over excessive regulations that have made conducting business ever more expensive, often with limited justification.


bench craft company sales

Washington Extra – Royal <b>news</b> | Analysis &amp; Opinion |

As is increasingly the case, the United States is finding that talking pro-democracy is one thing. Dealing with the aftermath of uprisings another.

Arrowheadlines: Chiefs <b>News</b> 2/17 - Arrowhead Pride

Good morning Chiefs fans. Once more we've gather the latest Kansas City Chiefs news from across the internet (and there wasn't much today). Read on.

Small Business <b>News</b>: SMBs and the Economy

Recently businesses have expressed concern over excessive regulations that have made conducting business ever more expensive, often with limited justification.


benchcraft company scam

Washington Extra – Royal <b>news</b> | Analysis &amp; Opinion |

As is increasingly the case, the United States is finding that talking pro-democracy is one thing. Dealing with the aftermath of uprisings another.

Arrowheadlines: Chiefs <b>News</b> 2/17 - Arrowhead Pride

Good morning Chiefs fans. Once more we've gather the latest Kansas City Chiefs news from across the internet (and there wasn't much today). Read on.

Small Business <b>News</b>: SMBs and the Economy

Recently businesses have expressed concern over excessive regulations that have made conducting business ever more expensive, often with limited justification.


bench craft company sales

Washington Extra – Royal <b>news</b> | Analysis &amp; Opinion |

As is increasingly the case, the United States is finding that talking pro-democracy is one thing. Dealing with the aftermath of uprisings another.

Arrowheadlines: Chiefs <b>News</b> 2/17 - Arrowhead Pride

Good morning Chiefs fans. Once more we've gather the latest Kansas City Chiefs news from across the internet (and there wasn't much today). Read on.

Small Business <b>News</b>: SMBs and the Economy

Recently businesses have expressed concern over excessive regulations that have made conducting business ever more expensive, often with limited justification.


bench craft company scam

Washington Extra – Royal <b>news</b> | Analysis &amp; Opinion |

As is increasingly the case, the United States is finding that talking pro-democracy is one thing. Dealing with the aftermath of uprisings another.

Arrowheadlines: Chiefs <b>News</b> 2/17 - Arrowhead Pride

Good morning Chiefs fans. Once more we've gather the latest Kansas City Chiefs news from across the internet (and there wasn't much today). Read on.

Small Business <b>News</b>: SMBs and the Economy

Recently businesses have expressed concern over excessive regulations that have made conducting business ever more expensive, often with limited justification.


bench craft company sales

Washington Extra – Royal <b>news</b> | Analysis &amp; Opinion |

As is increasingly the case, the United States is finding that talking pro-democracy is one thing. Dealing with the aftermath of uprisings another.

Arrowheadlines: Chiefs <b>News</b> 2/17 - Arrowhead Pride

Good morning Chiefs fans. Once more we've gather the latest Kansas City Chiefs news from across the internet (and there wasn't much today). Read on.

Small Business <b>News</b>: SMBs and the Economy

Recently businesses have expressed concern over excessive regulations that have made conducting business ever more expensive, often with limited justification.


benchcraft company scam

Washington Extra – Royal <b>news</b> | Analysis &amp; Opinion |

As is increasingly the case, the United States is finding that talking pro-democracy is one thing. Dealing with the aftermath of uprisings another.

Arrowheadlines: Chiefs <b>News</b> 2/17 - Arrowhead Pride

Good morning Chiefs fans. Once more we've gather the latest Kansas City Chiefs news from across the internet (and there wasn't much today). Read on.

Small Business <b>News</b>: SMBs and the Economy

Recently businesses have expressed concern over excessive regulations that have made conducting business ever more expensive, often with limited justification.


bench craft company sales

Washington Extra – Royal <b>news</b> | Analysis &amp; Opinion |

As is increasingly the case, the United States is finding that talking pro-democracy is one thing. Dealing with the aftermath of uprisings another.

Arrowheadlines: Chiefs <b>News</b> 2/17 - Arrowhead Pride

Good morning Chiefs fans. Once more we've gather the latest Kansas City Chiefs news from across the internet (and there wasn't much today). Read on.

Small Business <b>News</b>: SMBs and the Economy

Recently businesses have expressed concern over excessive regulations that have made conducting business ever more expensive, often with limited justification.


bench craft company sales

Washington Extra – Royal <b>news</b> | Analysis &amp; Opinion |

As is increasingly the case, the United States is finding that talking pro-democracy is one thing. Dealing with the aftermath of uprisings another.

Arrowheadlines: Chiefs <b>News</b> 2/17 - Arrowhead Pride

Good morning Chiefs fans. Once more we've gather the latest Kansas City Chiefs news from across the internet (and there wasn't much today). Read on.

Small Business <b>News</b>: SMBs and the Economy

Recently businesses have expressed concern over excessive regulations that have made conducting business ever more expensive, often with limited justification.















Tuesday, February 15, 2011

Making Money Marketing


Editor’s note: Guest author Chris Yeh is an independent angel investor and VP of Marketing for PBworks, one of his investments. He has been involved with Internet startups since 1995. His Twitter handle is @chrisyeh.


Update: This post originally referred to DST as the investor in Start Fund when it actually is Yuri Milner personally investing, along with Ron Conway’s fund SV Angel.


Update II: This has been corrected below.


The big news this morning is Yuri Milner’s announcement that he and Ron Conway will be investing $150,000 in *every* Y Combinator startup on a no-discount, no-cap convertible loan.


Many people have already weighed in with instant reactions—”It’s a bubble!” “It’s the greatest thing to happen to the US economy!” As usual, these off-the-cuff reactions focus on a single part of the story, rather than looking at the big picture.


Let’s walk through the news, step-by-step, and see what it really means. Ultimately, my take is that it’s good for Y Combinator and Milner, but bad for the rest of Silicon Valley.


1) “Yuri is a fool who believes he can sell to a greater fool.”


Many people mocked DST when it began investing in companies like Facebook at “outlandish” valuations. DST invested in Facebook at a $10 billion valuation; with the valuation now above $50 billion, I’d say Yuri is having the last laugh (for now).


If Milner is investing in YC companies on these terms, it’s because Milner believes it can make money on these terms (more on this later).


2) “I can’t believe all the money going into YC’s dipshit companies.”


Once upon a time, Y Combinator’s companies were features masquerading as companies. But anyone who still thinks that isn’t paying attention. The quality of YC companies has risen considerably; the companies graduating from YC these days are much more polished and accomplished. And with monster successes like Dropbox and AirBnB (along with Heroku’s exit), YC’s company quality is looking better and better.


3) “Finally, someone who’s willing to take risks, unlike today’s pantywaist angels and VCs!”


Now we’re getting to something more substantive. There seems to be a feeling among entrepreneurs that investors are no longer willing to take risks, and that no one is willing to invest in ideas any more. My response to that is simple—if startups are really so low-risk, why is it that only a tiny fraction of the companies that do get funded (which are presumably “no-brainer” investments for all the cautious VCs) actually return any money to investors?


Of course I try to invest in companies that I expect to be “sure things,” but I also know that history predicts that at least 60% of my investments are going to be complete financial failures. The reason Milner is willing to take on such risk is simple—in addition to the actual investment, it’s also buying option value.


Option value is what makes the VC system work—by investing in stages, investors are able to abandon companies that don’t look likely to succeed. This is why startups are so much more effective than big companies at innovation—a big company’s internal politics make it difficult to try lots of things that will probably fail. Milner has additional option value available to them that traditional angels do not because of its ability to invest at later stages. By investing in the seed round, Yuri – and DST – gets the inside track on any future financings.


Let’s say that I was lucky enough to invest in Facebook’s seed round (I wasn’t). As the company raised further rounds of funding at $100 million and $10 billion valuations, I would have to come up with increasingly large checks to maintain my ownership position. Buying 0.1% of the company is pretty easy at a $5 million valuation (that’s just $5,000). It gets harder at $100 million ($100,000) and $10 billion ($10,000,000).


For Milner, however, investing a few million in YC companies is well worth it if it gives him the inside track to do a $100 million expansion round in the future. Moreover, is Milner really making it easier for entrepreneurs to raise money? I was not under the impression that YC grads were having difficulties raising money. It’s not like Milner is giving $150K to anyone who asks—the investment is reserved for companies which pass YC’s rigorous screening process.


4) Okay, Mr. Smarty-Pants, why is this bad for Silicon Valley then?


In the TechCrunch comments, Ted Rheingold of Dogster fame says simply, “This is not going to be healthy for the ecosystem.” I think he’s right, but the reasons he’s right are subtle. Allow me to explain.


a) Independent angel investors need to be able to invest at reasonable valuations.


As I explained in (3) above, folks like me need to be able to invest at reasonable valuations. That means either priced rounds or convertibles with valuation caps, and seed round valuations of $1-3 million. We don’t have the money to stay in the game with the VCs and DSTs of the world, so if seed funding shifted to a model of no-cap convertibles, we would be priced out of the ecosystem.


In today’s environment, many companies skip straight from a seed round to $20 million+ valuations, and angels simply won’t get rewarded for the extra risk they assume without priced rounds or caps.


b) The Milner/YC partnership could end up upsetting this delicate balance


As I’ve argued in the past, angel investing is a fragmented game. No one has enough power to collude on valuations. However, someone who is influential enough can influence what is and isn’t considered “standard.”


Once upon a time, there was no such thing as a convertible note with a cap. There were convertible notes, and there were priced rounds, and nothing in between. Then a few years ago, a number of prominent players in the ecosystem (YC included) began pushing the concept of a capped convertible. Today, even though there are plenty of angels who despise any kind of convertible note, capped or not, the capped convertible is pretty much the standard seed financing instrument.


Now imagine the impact of YC, the most influential incubator, standardizing on uncapped, no-discount convertibles. It’s not difficult to envision a scenario in which the entire industry moves in this direction. The problem is that this shift eliminates the incentive for independent angels to participate in the ecosystem.


Angels play an important part in the ecosystem because we are willing to take on more risk than the VCs. Some of that is non-economic behavior, but some of that is also due to the fact that we get compensated for that risk-taking with much lower valuations. Eliminating that compensation will surely reduce the number of independent angel investments.


The irony is that the Milner/YC deal didn’t have to cause problems for independent angel investors. If Milner committed to providing $150K to every YC company, at whatever terms were determined by the lead investor in the syndicate, he wouldn’t be pricing the angels out of the ecosystem.


c) Removing independent angel investors from the ecosystem is a bad idea


Naturally, angels like me will be upset about getting shut out of the ecosystem, but why is that bad for Silicon Valley? After all, between YC, TechStars, the Founders Institute, and all the other incubators and quasi-incubators, who needs us? Let the incubators pick the winners, and let the DSTs fund them.


The problem is that the chaotic, fragmented, Darwinian nature of Silicon Valley is an integral part of what makes it great. We need those random mutations to generate innovation, especially breakthrough innovation.


If we concentrate the decision-making on who does and doesn’t get funding in the hands of a small number of institutions, we hurt Silicon Valley as a whole, no matter how smart those institutions are.


I tell many people that Paul Graham is a genius. He saw the opportunity to start YC, and he’s done the Valley a huge favor by broadening the pool of company founders. But I don’t want Paul to be one of a small group of people who decides which companies get funding—not because he isn’t smart (he is) or a great guy (he is). When it comes to innovation, central decision-making is bad, no matter how good the decision-makers are.


For all our flaws, independent angels serve the important role of enabling the “genetic diversity” of the startup population. That diversity is at the heart of Silicon Valley’s success, and that’s something we don’t want to lose.






Everyone calls Keisher McLeod-Wells “Fire"—or, more formally, “Fire the Boxing Diva." That second one is a bit of marketing hype, though, as she’s generally very un-diva-like, and can often be found working the front desk at Gleason’s Gym, perched behind an old desk from some long-forgotten school.


Fire is a rare species: the professional boxer-model-actress. The acting and modeling came first. She’s 33, and she’s been boxing since 2002, when she wandered into the gym after her agent suggested to her that she’d have a better shot landing a role in Terminator: 3 if she got some muscle on her arms like Linda Hamilton. And boxing just seemed like a natural, for that, though she was “not a boxing fan" at the time. A year later, she had her first amateur title; now she’s a pro. She says that the novelty of her boxing career has helped her land modeling gigs (you can catch her plastered all over the New York City subway system right now in ads for NBC New York, bearing the slogan “I am not your average girl.” NBC didn’t pay her for that one, she noted, a little ruefully). In this sense, she is luckier than the average mono-careerist schlub: she can pursue acting, modeling and boxing, and pick whichever one works out best: "Right now,” she said, “it’s boxing.” Fighting, with fists, for money, has proven to be easier than making a fortune at modeling.


Fire’s style, appropriately, does not involve slugging it out until one girl or the other drops with a newly misshapen face. She’s all long arms and legs, sticking and moving, using her reach and speed. She had her fifth pro fight on February 9th at B.B. King’s, in the heart of Times Square. Hers was the sixth fight on a nine-fight card, and the only female bout. That’s good; only three fights were judged to be bigger than hers. Equality creeps into our nation’s most testosteroned corners, slowly but surely.


The night began with Allan “El Mexicano” Benitez’s pro debut, which was ruined—sombrero and all—by Newark’s Joseliz Cepeda, who found the following holes in young Allan’s defense: the right to the body, and the right over the top to the head; and, in the later rounds, also the left to the body, and the left to the head. Once Benitez takes care of those flaws, who knows how far he could go?


California’s Ishwar Amador brought a ton of fearsome accoutrements into the ring with him: his nickname, “El Diablo”; a fierce red-spangled devilish hoodie to match; and cornermen sporting t-shirts from “Capital Punishment Boxing Club,” which seems like a harsh brand, even by boxing club standards. When the announcer read his name he held up his arms in a fearsome “X” symbol. His opponent, Steven Martinez, was completely guileless, skinny in plain blue trunks, a downright nice-looking kid, who knocked out El Diablo one minute and eleven seconds into the first round with a hook-right-hook that pounded the consciousness out of him sequentially, so that after the last punch his eyes went glassy, and his body slumped, in what I imagine is the same way someone acts when they die.


Deano "Badnewz" Burrell, half of a London-born pair of twins that have moved to Brooklyn to pursue boxing careers (and, like Fire, train at Gleason’s), was up next, with his second pro fight. The way these things usually work is, the prospect (Deano) is eased into his career with ten or fifteen easy fights that he’s bound to win, which get progressively more challenging (though not challenging enough to actually lose), until his record is gaudy enough to earn him a shot with a big-name fighter. The way the thing worked on this night was that Burrell was matched up with Sidell Blocker, whose 0-3 record marked him as an easy opponent, but whose egregiously long arms and awkward style marked him as possible trouble.


Blocker’s reach was his salvation. He was clearly the inferior fighter, but his arms were so long that, even though Burrell was able to slip most of his gawky, swinging punches, he ended up so far away that Blocker’s defense was reset by the time Burrell could step back in range to counter. And even though Blocker whiffed on about four out of five of his big hooks, every fifth one landed. In the first round, Burrell caught one that bruised his right eye, and got mad. He started rushing in, off balance, throwing big overhands, trying to take Blocker’s head off. As a consequence, he went down in the first round, and again in the second, both times less a “knock down” than a case of his body getting away from his legs. Burrell, raging, kept loading up on his punches, which served to make them slower, which served to make Blocker look more competitive than he actually was. In the end Blocker won a disappointing decision. Burrell will be fine, as long as his managers line him up some normal, wildly inferior opponents who aren’t long-armed enough to keep him out of punching range.


The act that Fire had to follow was Boyd Melson, a thoroughly mediocre fighter but enough of an Inspirational Good Guy to make you sick. Not to go into his whole damn story, but he was an Army veteran and after his fight was over he gave a speech urging everyone in the crowd to donate to spinal injury research, name-checking his wheelchair-bound friend in the crowd while surrounded by more than a dozen West Point cadets. I mean, man: talk about poisoning the well of bloodlust. The only notable thing about Melson’s fight was a stern-looking man who I assume was his father (or Father Figure) who kept barking out combo sequences for Boyd to throw during the rounds: “2-3-2! 4-6!” As if he could seamlessly listen, mentally translate those numbers into punches, throw them properly, and score a K.O., thanks to the hollering guy at ringside. (He couldn’t; he was busy being in a fight.) Boxing has stage dads too, apparently.


Fire came out in a gold tank top and miniskirt-looking trunks with a red belt, for the full Wonder Woman effect. Her opponent was “Mighty” Melissa McMorrow, a five-foot-nothing fireplug from California with cornrow braids and a Tysonesque pugnacity. The fight was as straightforward as it gets: tall vs. short. Outside vs. inside. Reach vs. power. If Fire could move, stay away and use her reach, she'd win; if McMorrow could go low, get inside and bang hard, she'd win.


Reach in boxing is what height is in basketball. It’s a natural advantage, a factor that will, all other things being equal, allow one fighter to beat another. It’s not impossible to overcome by any means; there’s a long and proud tradition of short boxers with short arms. There are a few different ways to beat someone with a longer reach than you. You can duck low under their shots and weave your way in, pop up inside, right under their chin, and suddenly their long arms are a disadvantage, being that you’re so close and all; you can time them, slipping their long punches and then shooting inside, hitting them, and pulling back out of range; or, if you’re of a certain punchy disposition, you can just walk through their punches, taking what they have in order to get close enough to hit them yourself.


But in every contest in which one fighter has a longer reach, there is a zone, a certain box of space between the two fighters, in which the fighter with the longer reach can hit the opponent, while the opponent cannot reach them. Smart fighters with long arms, therefore, endeavor to keep their opponent in this space constantly—they punch, and move back, allowing the opponent to always be moving forward into that free fire zone; smart fighters with short arms endeavor to only be outside that space (farther away) or inside it (closer), but never to spend much time in it.


The drawback faced by the taller fighter, though, is that they end up punching down at their opponent, and downward punches are weak, because you can’t put your legs into a punch that’s traveling down. (Try it.) Fire spent the first two rounds doing exactly this at McMorrow, and the shorter girl did manage to rush inside and smack Fire repeatedly with overhands to the face. But in the third and fourth, Fire found her groove; she pop-popped one-twos to McMorrow’s head as she moved in, then spun away, moving back, keeping her distance. As the rounds progressed, fatigue took hold, and McMorrow’s hands began to drop as she rushed in, making her even easier to hit. She did indeed fight mightily, but after a rough beginning, Fire’s reach and movement won her a unanimous decision.


The only thing missing was some male ring card models, for the sake of equality.


I’d pitched a story about this fight to a magazine; the magazine declined it on the grounds that they didn’t want a story about a girl getting beat up. Fire did not get beat up. But in the next fight, Angel Gonzalez, who looks quite a bit like Radio Raheem from Do The Right Thing, got TKO’ed by Irish Seanie Monaghan. Gonzalez did, in fact, get beat up. When the ref stopped the fight at the end of the third round, he gave an angry, animalistic roar, raging against the man who’d taken away his right to keep trading uppercuts. Gonzalez appeared to have lost a tooth. Or maybe it was already like that.




Previously:


• Boxing Is a Bad Job, Badass

• Douchebag as Role Model: The Case of Paulie Malignaggi

• Five Lessons from the New York Golden Gloves Finals

• The Glorious Racism of Boxing


Hamilton Nolan is the media editor of Gawker.



bench craft company credit card

Live blogging Obama&#39;s <b>news</b> conference – CNN Political Ticker - CNN <b>...</b>

The CNN Political and White House teams are bringing you the latest developments and reactions from President Obama's news conference. Please continually refresh this page for the latest updates (CTRL-R). UPDATE: Read the full CNN.com ...

Experiments In Realtime <b>News</b>: The Eqentia Streams

When it comes to realtime news, the prevailing wisdom these days is to let your friends tell you what to read through Twitter or Facebook. Instead of editors, people are using these social stream sto filter their news, and a whole bunch ...

CBS <b>News</b>&#39; Lara Logan Sexually Assaulted in Egypt | Fancast <b>News</b>

Shocking details have been released regarding the incident involving CBS News Chief Foreign Correspondent Lara Logan during the protests in Egypt. CBS News issued a statement Tuesday revealing that Logan is currentl in the.


bench craft company me

Live blogging Obama&#39;s <b>news</b> conference – CNN Political Ticker - CNN <b>...</b>

The CNN Political and White House teams are bringing you the latest developments and reactions from President Obama's news conference. Please continually refresh this page for the latest updates (CTRL-R). UPDATE: Read the full CNN.com ...

Experiments In Realtime <b>News</b>: The Eqentia Streams

When it comes to realtime news, the prevailing wisdom these days is to let your friends tell you what to read through Twitter or Facebook. Instead of editors, people are using these social stream sto filter their news, and a whole bunch ...

CBS <b>News</b>&#39; Lara Logan Sexually Assaulted in Egypt | Fancast <b>News</b>

Shocking details have been released regarding the incident involving CBS News Chief Foreign Correspondent Lara Logan during the protests in Egypt. CBS News issued a statement Tuesday revealing that Logan is currentl in the.


bench craft company reviews

Live blogging Obama&#39;s <b>news</b> conference – CNN Political Ticker - CNN <b>...</b>

The CNN Political and White House teams are bringing you the latest developments and reactions from President Obama's news conference. Please continually refresh this page for the latest updates (CTRL-R). UPDATE: Read the full CNN.com ...

Experiments In Realtime <b>News</b>: The Eqentia Streams

When it comes to realtime news, the prevailing wisdom these days is to let your friends tell you what to read through Twitter or Facebook. Instead of editors, people are using these social stream sto filter their news, and a whole bunch ...

CBS <b>News</b>&#39; Lara Logan Sexually Assaulted in Egypt | Fancast <b>News</b>

Shocking details have been released regarding the incident involving CBS News Chief Foreign Correspondent Lara Logan during the protests in Egypt. CBS News issued a statement Tuesday revealing that Logan is currentl in the.


bench craft company me

Live blogging Obama&#39;s <b>news</b> conference – CNN Political Ticker - CNN <b>...</b>

The CNN Political and White House teams are bringing you the latest developments and reactions from President Obama's news conference. Please continually refresh this page for the latest updates (CTRL-R). UPDATE: Read the full CNN.com ...

Experiments In Realtime <b>News</b>: The Eqentia Streams

When it comes to realtime news, the prevailing wisdom these days is to let your friends tell you what to read through Twitter or Facebook. Instead of editors, people are using these social stream sto filter their news, and a whole bunch ...

CBS <b>News</b>&#39; Lara Logan Sexually Assaulted in Egypt | Fancast <b>News</b>

Shocking details have been released regarding the incident involving CBS News Chief Foreign Correspondent Lara Logan during the protests in Egypt. CBS News issued a statement Tuesday revealing that Logan is currentl in the.


bench craft company credit card

Live blogging Obama&#39;s <b>news</b> conference – CNN Political Ticker - CNN <b>...</b>

The CNN Political and White House teams are bringing you the latest developments and reactions from President Obama's news conference. Please continually refresh this page for the latest updates (CTRL-R). UPDATE: Read the full CNN.com ...

Experiments In Realtime <b>News</b>: The Eqentia Streams

When it comes to realtime news, the prevailing wisdom these days is to let your friends tell you what to read through Twitter or Facebook. Instead of editors, people are using these social stream sto filter their news, and a whole bunch ...

CBS <b>News</b>&#39; Lara Logan Sexually Assaulted in Egypt | Fancast <b>News</b>

Shocking details have been released regarding the incident involving CBS News Chief Foreign Correspondent Lara Logan during the protests in Egypt. CBS News issued a statement Tuesday revealing that Logan is currentl in the.


bench craft company reviews

Live blogging Obama&#39;s <b>news</b> conference – CNN Political Ticker - CNN <b>...</b>

The CNN Political and White House teams are bringing you the latest developments and reactions from President Obama's news conference. Please continually refresh this page for the latest updates (CTRL-R). UPDATE: Read the full CNN.com ...

Experiments In Realtime <b>News</b>: The Eqentia Streams

When it comes to realtime news, the prevailing wisdom these days is to let your friends tell you what to read through Twitter or Facebook. Instead of editors, people are using these social stream sto filter their news, and a whole bunch ...

CBS <b>News</b>&#39; Lara Logan Sexually Assaulted in Egypt | Fancast <b>News</b>

Shocking details have been released regarding the incident involving CBS News Chief Foreign Correspondent Lara Logan during the protests in Egypt. CBS News issued a statement Tuesday revealing that Logan is currentl in the.


bench craft company reviews

Live blogging Obama&#39;s <b>news</b> conference – CNN Political Ticker - CNN <b>...</b>

The CNN Political and White House teams are bringing you the latest developments and reactions from President Obama's news conference. Please continually refresh this page for the latest updates (CTRL-R). UPDATE: Read the full CNN.com ...

Experiments In Realtime <b>News</b>: The Eqentia Streams

When it comes to realtime news, the prevailing wisdom these days is to let your friends tell you what to read through Twitter or Facebook. Instead of editors, people are using these social stream sto filter their news, and a whole bunch ...

CBS <b>News</b>&#39; Lara Logan Sexually Assaulted in Egypt | Fancast <b>News</b>

Shocking details have been released regarding the incident involving CBS News Chief Foreign Correspondent Lara Logan during the protests in Egypt. CBS News issued a statement Tuesday revealing that Logan is currentl in the.


bench craft company me

Live blogging Obama&#39;s <b>news</b> conference – CNN Political Ticker - CNN <b>...</b>

The CNN Political and White House teams are bringing you the latest developments and reactions from President Obama's news conference. Please continually refresh this page for the latest updates (CTRL-R). UPDATE: Read the full CNN.com ...

Experiments In Realtime <b>News</b>: The Eqentia Streams

When it comes to realtime news, the prevailing wisdom these days is to let your friends tell you what to read through Twitter or Facebook. Instead of editors, people are using these social stream sto filter their news, and a whole bunch ...

CBS <b>News</b>&#39; Lara Logan Sexually Assaulted in Egypt | Fancast <b>News</b>

Shocking details have been released regarding the incident involving CBS News Chief Foreign Correspondent Lara Logan during the protests in Egypt. CBS News issued a statement Tuesday revealing that Logan is currentl in the.


bench craft company reviews

Live blogging Obama&#39;s <b>news</b> conference – CNN Political Ticker - CNN <b>...</b>

The CNN Political and White House teams are bringing you the latest developments and reactions from President Obama's news conference. Please continually refresh this page for the latest updates (CTRL-R). UPDATE: Read the full CNN.com ...

Experiments In Realtime <b>News</b>: The Eqentia Streams

When it comes to realtime news, the prevailing wisdom these days is to let your friends tell you what to read through Twitter or Facebook. Instead of editors, people are using these social stream sto filter their news, and a whole bunch ...

CBS <b>News</b>&#39; Lara Logan Sexually Assaulted in Egypt | Fancast <b>News</b>

Shocking details have been released regarding the incident involving CBS News Chief Foreign Correspondent Lara Logan during the protests in Egypt. CBS News issued a statement Tuesday revealing that Logan is currentl in the.

















Friday, February 11, 2011

Kids Making Money

bench craft company

Working for Hawaii by Hulpy


bench craft company

<b>News</b> Happening Now - KRQE

(KRQE NEWS 13) - As of 7:43 a.m. - Expectant mothers living on Albuquerque's Westside now have a shorter drive to make when they go into labor. Lovelace Hospital held a ribbon cutting on Thursday for the new birthing center at its ...

Denver Broncos <b>News</b>: Horse Tracks - 2/11/11 - Mile High Report

Horse Tracks -- Your Daily Cup of Orange and Blue Coffee.

Sony to search PS3 hacker&#39;s computer PlayStation 3 <b>News</b> - Page 1 <b>...</b>

Read our PlayStation 3 news of Sony to search PS3 hacker's computer.


bench craft company

Working for Hawaii by Hulpy


bench craft company

<b>News</b> Happening Now - KRQE

(KRQE NEWS 13) - As of 7:43 a.m. - Expectant mothers living on Albuquerque's Westside now have a shorter drive to make when they go into labor. Lovelace Hospital held a ribbon cutting on Thursday for the new birthing center at its ...

Denver Broncos <b>News</b>: Horse Tracks - 2/11/11 - Mile High Report

Horse Tracks -- Your Daily Cup of Orange and Blue Coffee.

Sony to search PS3 hacker&#39;s computer PlayStation 3 <b>News</b> - Page 1 <b>...</b>

Read our PlayStation 3 news of Sony to search PS3 hacker's computer.


bench craft company

<b>News</b> Happening Now - KRQE

(KRQE NEWS 13) - As of 7:43 a.m. - Expectant mothers living on Albuquerque's Westside now have a shorter drive to make when they go into labor. Lovelace Hospital held a ribbon cutting on Thursday for the new birthing center at its ...

Denver Broncos <b>News</b>: Horse Tracks - 2/11/11 - Mile High Report

Horse Tracks -- Your Daily Cup of Orange and Blue Coffee.

Sony to search PS3 hacker&#39;s computer PlayStation 3 <b>News</b> - Page 1 <b>...</b>

Read our PlayStation 3 news of Sony to search PS3 hacker's computer.


bench craft company

<b>News</b> Happening Now - KRQE

(KRQE NEWS 13) - As of 7:43 a.m. - Expectant mothers living on Albuquerque's Westside now have a shorter drive to make when they go into labor. Lovelace Hospital held a ribbon cutting on Thursday for the new birthing center at its ...

Denver Broncos <b>News</b>: Horse Tracks - 2/11/11 - Mile High Report

Horse Tracks -- Your Daily Cup of Orange and Blue Coffee.

Sony to search PS3 hacker&#39;s computer PlayStation 3 <b>News</b> - Page 1 <b>...</b>

Read our PlayStation 3 news of Sony to search PS3 hacker's computer.


bench craft company bench craft company
bench craft company

Working for Hawaii by Hulpy


bench craft company
bench craft company

<b>News</b> Happening Now - KRQE

(KRQE NEWS 13) - As of 7:43 a.m. - Expectant mothers living on Albuquerque's Westside now have a shorter drive to make when they go into labor. Lovelace Hospital held a ribbon cutting on Thursday for the new birthing center at its ...

Denver Broncos <b>News</b>: Horse Tracks - 2/11/11 - Mile High Report

Horse Tracks -- Your Daily Cup of Orange and Blue Coffee.

Sony to search PS3 hacker&#39;s computer PlayStation 3 <b>News</b> - Page 1 <b>...</b>

Read our PlayStation 3 news of Sony to search PS3 hacker's computer.


bench craft company

A musician's life isn't always glamorous. The vast majority of us don't make our money from pounding out power chords on a stage in front of 20,000 people; an average night is spent in a bar or restaurant, and occasionally, it's necessary to play for nothing but tips.

This isn't the end of the world for a musician. Far from it. In fact, any musician can make a good amount of money off of tips in a few hours, especially in a busy restaurant.

Here are some tips to help guitar players, pianists, vocalists, and other musicians fill up their tip jars.

1. Know your cover songs. Unless you've got a number of original songs that are very simple and funny, you're unlikely to get much of a reaction from original tunes. When you're playing for tips, you need a good, happy crowd. Unfortunately, this probably means a lot of covers.

The good news is that you don't have to play Brown Eyed Girl all night, but throwing in a few popular cover songs will greatly increase your chances of making money. You're going to be asked at some point whether you do requests; if you can handle any popular request tune thrown at you, you'll undoubtedly make more money from playing music live. Get to practicing.

2. Make tipping easy. You should have a clearly labeled, easily accessible tip jar. Make it look fun or funny. I met one musician who keeps his tip jar bouncing around on a piece of metal tied to his microphone stand--that's smart, because it makes tipping easy, obvious, and a little bit fun. Families with kids will give their children a few bucks to run over to your jar, and even adults will be more attracted to it.

3. Engage the audience. You should start talking to the audience at some point, unless you're playing at a classy dinner place and talking's obviously going to distract from conversation. Don't treat it like a show. You're playing background music when you're playing for tips. However, engage your audience and thank people that tip you, applaud, or show their appreciation for you in any other way. You'll get bigger tips and you'll probably get asked back, too.

4. Play to your setting. Know how to read a room. This only comes with experience. If you're in a classy place, you can't sing drinking songs. If kids are around, you can't say bad words or talk about drugs. If every one's drunk and doing drugs, you need to sing songs about getting drunk and doing drugs. There's nothing better than getting a room into your music, and this is easiest when you develop a sense of the room. This is especially important when playing for tips, because the tips are going to start piling up when you're acting like people think you should act in your setting. It may not sound too rock and roll, but you're making money playing music--do what you need to do to stay profitable.

Are you a musician? Do you have any other advice for making money by playing for tips? Post your thoughts in the comments section below.

Wednesday, February 9, 2011

Being Right or Making Money


Some of the legal questions related to the individual mandate are, at least partially, policy questions. In particular, what does the individual mandate do? And can the law stand without it?



The argument conservatives are making right now is that the individual mandate regulates "economic inactivity." That's not a description anyone had heard of it back when conservatives were co-sponsoring bills with the individual mandate, and it's not what the policy's creator had in mind when he developed it. But that doesn't make it untrue.



To believe it, however, you need to adopt a very narrow definition of what's being affected here: Namely, the decision to purchase or not purchase health-care insurance. The more traditional view is that the individual mandate is one of a slew of rules and regulations bringing order to something much broader: The American health-care system, which all of us participate in. That's the view of the 38 health economists and academics who signed this brief (pdf). "There is no such thing as 'inactivity' or non-participation in the health care market," they wrote. "As the District Court" -- which ruled for the Affordable Care Act -- "recognized, virtually all Americans will, at some time during their life, require health care, either because of illness, accident, or the wear and tear of age."



Because health services are so expensive, the costs are defrayed over many years. That's what insurance does. And because we are a humane society, we have rules and regulations in place to ensure that people can get treated even if they don't have insurance. In that way, you may not be interested in the health-care system, but if you get hit by a bus, the health-care system is interested in you -- and that's true even though you weren't making an economic choice to become "active" in the health-care system when you stepped into the street. You were, by virtue of our laws and regulations and taxes, already an active participant. The authors of the brief make this point -- and its connection to the individual mandate -- well:



The requirement to obtain a minimal level of health insurance is predicated on the unique characteristics of the health care market -- the unavoidable need for medical care; the unpredictability of such need; the high cost of care; the inability of providers to refuse to provide care in emergency situations; and the very significant cost-shifting that underlies the way medical care is paid for in this country. Those characteristics do not obtain in other markets and, without them, the predicate for the kind of regulation adopted in Section 1501 does not exist. Hence, affirming Congress’ power to adopt Section 1501 will not open the door to unfettered expansion of federal power over individual liberty, as Appellants fear.



To make this more concrete, when an uninsured person breaks a leg and needs hospital care, that care is paid for by the rest of us. It'd be a bit odd for your economic inactivity to cost me money. But your decision to remain without insurance does cost me money, because you're an active consumer of health-care risk and an active participant on a health-care market that affords you certain benefits. When you don't purchase insurance, you've not decided against participating in the American health-care system. You're just not participating responsibly. To quote Mitt Romney:

Some of my libertarian friends balk at what looks like an individual mandate. But remember, someone has to pay for the health care that must, by law, be provided: Either the individual pays or the taxpayers pay. A free ride on the government is not libertarian.



Then there's the question of severability -- can the law work without the mandate? The legislation does not specifically say that it can. And the Obama administration, in a calculated gamble to persuade the Court that the mandate passes constitutional muster through the "necessary and proper" clause, is currently arguing that it can't. This, at least in part, led Judge Vinson to void the entire bill. "In the final analysis, this Act has been analogized to a finely crafted watch,and that seems to fit," he wrote. "It has approximately 450 separate pieces, but one essential piece (the individual mandate) is defective and must be removed. It cannot function as originally designed."



The irony of all this is that one of the central arguments in the Democratic campaign for the presidency was between the Obama campaign, which didn't think health-care reform required an individual mandate, and the Clinton campaign, which thought it did. I was on Clinton's side in that debate, but the case is more nuanced than the Obama team allowed then or is admitting now. The legislation will work much better with an individual mandate. But many people will be covered, and many goals achieved, in the absence of the mandate.



(Editor’s note: Curtis Smolar is a partner at Ropers Majeski Kohn & Bentley. He submitted this column to VentureBeat.)


A reader asks: My business is in an industry where sales people and software engineers are often recruited by competitors.  How can I protect my company from being raided?


Answer: Employers use what are called restrictive covenants to protect trade secrets and prevent employees from unfairly stealing clients and/or information.  Courts heavily scrutinize these covenants so it is imperative to have a seasoned attorney assist you with writing one that will be enforceable under the laws of the state where your company is located. (Just missing a few words can create tremendous grief for an employer.)


There are a variety of these available, but let’s look at the most common:


Non-disclosure agreeements: Non-disclosure agreements (“NDAs”) are one of the most effective and commonly used solutions to this problem.  An NDA protects information that is a trade secret – data that has economic value (actual or potential) due to its exclusivity and is something you’re making efforts to keep secret.


Taking trade secrets without the owner’s consent is called misappropriation and if an employee misappropriates a trade secret, a company has the right to recover:



  • Actual damages it suffers from the theft

  • Repayment of the money made by the employee (or his new employer) as a result of the trade secret theft

  • Injunctions requiring the return of the stolen property

  • Attorney’s fees


To ensure the full protection of an NDA, you’ll need to require the employee to sign a confidentiality agreement when they come on board that defines the scope of information your company is trying to protect.  This can be anything from a company’s secret sauce to pricing, lists and business processes.


Additionally, the NDA should contain a proprietary inventions assignment agreement (PIAA), which ensures that all work products created by the employee belong to the company and not to the employee – and the employee has no right to take them when he or she leaves the company.  This can include everything from software programs to customer lists to website designs to pricing.


Covenants not to compete – Better known as non-compete agreements, the enforceability of these varies dramatically from state to state.  In the states in which they are enforceable, like New York or Massachusetts, they can be very powerful tools.  In other states, like California, they are generally prohibited.


California specifically has a statute stating that restrictive covenants not to compete are presumed invalid unless specific circumstances apply.  For example, if the owner of a company sells their business, a non-compete may be enforceable against him or her in California.


For the states where these are enforceable, there are still some restrictions based on the duration of the agreement, geographical location and the breadth of activity prohibited.


Additionally, in many cases it doesn’t matter where the agreement was entered into or what the laws are there. If the employee moves to another state, either during or after employment, things can become muddled. So, it’s best to use non-competes with great caution. They may not be as effective as you initially think.


Non-solicitation – There are basically two kinds of non-solicitation agreements – non solicitation of employees and non-solicitation of clients.


Non-solicitation of employees is generally enforceable in most states, but a non-solicitation of clients may be considered an unfair restraint on trade.  The exception in those situations is if the non-solicitation agreement is necessary to protect trade secrets.


Non-solicitation agreements are generally less onerous then covenants not to compete and typically more enforceable.


Startup owners: Got a legal question about your business? Submit it in the comments below or email Curtis directly. It could end up in an upcoming “Ask the Attorney” column.


Disclaimer: This “Ask the Attorney” post discusses general legal issues, but it does not constitute legal advice in any respect.  No reader should act or refrain from acting on the basis of any information presented herein without seeking the advice of counsel in the relevant jurisdiction.  VentureBeat, the author and the author’s firm expressly disclaim all liability in respect of any actions taken or not taken based on any contents of this post.


Next Story: Sony Ericsson’s Xperia Playstation Phone to launch on Feb. 13 Previous Story: How HP designed its new angled touchscreen desktops (video)




bench craft company

CBS <b>News</b> Restructures Management Team : TVBizwire : TVWeek <b>...</b>

CBS announced a number of changes today among the top management team for CBS News, with Jeff Fager taking over as chairman of the division, a newly created position. The company is also bringing in a new face, David Rhodes, ...

Fox <b>News</b> Calls Bulletstorm the Worst Videogame in the World

Fox News pundit claims that "increase in rapes" is due largely to videogames.

Sigma announcements include 120-300mm F2.8 and 150mm F2.8 Macro <b>...</b>

Sigma announcements include 120-300mm F2.8 and 150mm F2.8 Macro pricing: CP+ 2011: In addition to its latest lens announcements, Sigma has announced the price and availability of its 120-300mm f/2.8 EX DG OS HSM and Macro 150mm F2.8 EX ...


bench craft company

Some of the legal questions related to the individual mandate are, at least partially, policy questions. In particular, what does the individual mandate do? And can the law stand without it?



The argument conservatives are making right now is that the individual mandate regulates "economic inactivity." That's not a description anyone had heard of it back when conservatives were co-sponsoring bills with the individual mandate, and it's not what the policy's creator had in mind when he developed it. But that doesn't make it untrue.



To believe it, however, you need to adopt a very narrow definition of what's being affected here: Namely, the decision to purchase or not purchase health-care insurance. The more traditional view is that the individual mandate is one of a slew of rules and regulations bringing order to something much broader: The American health-care system, which all of us participate in. That's the view of the 38 health economists and academics who signed this brief (pdf). "There is no such thing as 'inactivity' or non-participation in the health care market," they wrote. "As the District Court" -- which ruled for the Affordable Care Act -- "recognized, virtually all Americans will, at some time during their life, require health care, either because of illness, accident, or the wear and tear of age."



Because health services are so expensive, the costs are defrayed over many years. That's what insurance does. And because we are a humane society, we have rules and regulations in place to ensure that people can get treated even if they don't have insurance. In that way, you may not be interested in the health-care system, but if you get hit by a bus, the health-care system is interested in you -- and that's true even though you weren't making an economic choice to become "active" in the health-care system when you stepped into the street. You were, by virtue of our laws and regulations and taxes, already an active participant. The authors of the brief make this point -- and its connection to the individual mandate -- well:



The requirement to obtain a minimal level of health insurance is predicated on the unique characteristics of the health care market -- the unavoidable need for medical care; the unpredictability of such need; the high cost of care; the inability of providers to refuse to provide care in emergency situations; and the very significant cost-shifting that underlies the way medical care is paid for in this country. Those characteristics do not obtain in other markets and, without them, the predicate for the kind of regulation adopted in Section 1501 does not exist. Hence, affirming Congress’ power to adopt Section 1501 will not open the door to unfettered expansion of federal power over individual liberty, as Appellants fear.



To make this more concrete, when an uninsured person breaks a leg and needs hospital care, that care is paid for by the rest of us. It'd be a bit odd for your economic inactivity to cost me money. But your decision to remain without insurance does cost me money, because you're an active consumer of health-care risk and an active participant on a health-care market that affords you certain benefits. When you don't purchase insurance, you've not decided against participating in the American health-care system. You're just not participating responsibly. To quote Mitt Romney:

Some of my libertarian friends balk at what looks like an individual mandate. But remember, someone has to pay for the health care that must, by law, be provided: Either the individual pays or the taxpayers pay. A free ride on the government is not libertarian.



Then there's the question of severability -- can the law work without the mandate? The legislation does not specifically say that it can. And the Obama administration, in a calculated gamble to persuade the Court that the mandate passes constitutional muster through the "necessary and proper" clause, is currently arguing that it can't. This, at least in part, led Judge Vinson to void the entire bill. "In the final analysis, this Act has been analogized to a finely crafted watch,and that seems to fit," he wrote. "It has approximately 450 separate pieces, but one essential piece (the individual mandate) is defective and must be removed. It cannot function as originally designed."



The irony of all this is that one of the central arguments in the Democratic campaign for the presidency was between the Obama campaign, which didn't think health-care reform required an individual mandate, and the Clinton campaign, which thought it did. I was on Clinton's side in that debate, but the case is more nuanced than the Obama team allowed then or is admitting now. The legislation will work much better with an individual mandate. But many people will be covered, and many goals achieved, in the absence of the mandate.



(Editor’s note: Curtis Smolar is a partner at Ropers Majeski Kohn & Bentley. He submitted this column to VentureBeat.)


A reader asks: My business is in an industry where sales people and software engineers are often recruited by competitors.  How can I protect my company from being raided?


Answer: Employers use what are called restrictive covenants to protect trade secrets and prevent employees from unfairly stealing clients and/or information.  Courts heavily scrutinize these covenants so it is imperative to have a seasoned attorney assist you with writing one that will be enforceable under the laws of the state where your company is located. (Just missing a few words can create tremendous grief for an employer.)


There are a variety of these available, but let’s look at the most common:


Non-disclosure agreeements: Non-disclosure agreements (“NDAs”) are one of the most effective and commonly used solutions to this problem.  An NDA protects information that is a trade secret – data that has economic value (actual or potential) due to its exclusivity and is something you’re making efforts to keep secret.


Taking trade secrets without the owner’s consent is called misappropriation and if an employee misappropriates a trade secret, a company has the right to recover:



  • Actual damages it suffers from the theft

  • Repayment of the money made by the employee (or his new employer) as a result of the trade secret theft

  • Injunctions requiring the return of the stolen property

  • Attorney’s fees


To ensure the full protection of an NDA, you’ll need to require the employee to sign a confidentiality agreement when they come on board that defines the scope of information your company is trying to protect.  This can be anything from a company’s secret sauce to pricing, lists and business processes.


Additionally, the NDA should contain a proprietary inventions assignment agreement (PIAA), which ensures that all work products created by the employee belong to the company and not to the employee – and the employee has no right to take them when he or she leaves the company.  This can include everything from software programs to customer lists to website designs to pricing.


Covenants not to compete – Better known as non-compete agreements, the enforceability of these varies dramatically from state to state.  In the states in which they are enforceable, like New York or Massachusetts, they can be very powerful tools.  In other states, like California, they are generally prohibited.


California specifically has a statute stating that restrictive covenants not to compete are presumed invalid unless specific circumstances apply.  For example, if the owner of a company sells their business, a non-compete may be enforceable against him or her in California.


For the states where these are enforceable, there are still some restrictions based on the duration of the agreement, geographical location and the breadth of activity prohibited.


Additionally, in many cases it doesn’t matter where the agreement was entered into or what the laws are there. If the employee moves to another state, either during or after employment, things can become muddled. So, it’s best to use non-competes with great caution. They may not be as effective as you initially think.


Non-solicitation – There are basically two kinds of non-solicitation agreements – non solicitation of employees and non-solicitation of clients.


Non-solicitation of employees is generally enforceable in most states, but a non-solicitation of clients may be considered an unfair restraint on trade.  The exception in those situations is if the non-solicitation agreement is necessary to protect trade secrets.


Non-solicitation agreements are generally less onerous then covenants not to compete and typically more enforceable.


Startup owners: Got a legal question about your business? Submit it in the comments below or email Curtis directly. It could end up in an upcoming “Ask the Attorney” column.


Disclaimer: This “Ask the Attorney” post discusses general legal issues, but it does not constitute legal advice in any respect.  No reader should act or refrain from acting on the basis of any information presented herein without seeking the advice of counsel in the relevant jurisdiction.  VentureBeat, the author and the author’s firm expressly disclaim all liability in respect of any actions taken or not taken based on any contents of this post.


Next Story: Sony Ericsson’s Xperia Playstation Phone to launch on Feb. 13 Previous Story: How HP designed its new angled touchscreen desktops (video)




bench craft company>

CBS <b>News</b> Restructures Management Team : TVBizwire : TVWeek <b>...</b>

CBS announced a number of changes today among the top management team for CBS News, with Jeff Fager taking over as chairman of the division, a newly created position. The company is also bringing in a new face, David Rhodes, ...

Fox <b>News</b> Calls Bulletstorm the Worst Videogame in the World

Fox News pundit claims that "increase in rapes" is due largely to videogames.

Sigma announcements include 120-300mm F2.8 and 150mm F2.8 Macro <b>...</b>

Sigma announcements include 120-300mm F2.8 and 150mm F2.8 Macro pricing: CP+ 2011: In addition to its latest lens announcements, Sigma has announced the price and availability of its 120-300mm f/2.8 EX DG OS HSM and Macro 150mm F2.8 EX ...


bench craft company
[reefeed]
bench craft company

It almost makes me want to spend £9.50 in Waterstones by skittledog


bench craft company

CBS <b>News</b> Restructures Management Team : TVBizwire : TVWeek <b>...</b>

CBS announced a number of changes today among the top management team for CBS News, with Jeff Fager taking over as chairman of the division, a newly created position. The company is also bringing in a new face, David Rhodes, ...

Fox <b>News</b> Calls Bulletstorm the Worst Videogame in the World

Fox News pundit claims that "increase in rapes" is due largely to videogames.

Sigma announcements include 120-300mm F2.8 and 150mm F2.8 Macro <b>...</b>

Sigma announcements include 120-300mm F2.8 and 150mm F2.8 Macro pricing: CP+ 2011: In addition to its latest lens announcements, Sigma has announced the price and availability of its 120-300mm f/2.8 EX DG OS HSM and Macro 150mm F2.8 EX ...


bench craft company

Some of the legal questions related to the individual mandate are, at least partially, policy questions. In particular, what does the individual mandate do? And can the law stand without it?



The argument conservatives are making right now is that the individual mandate regulates "economic inactivity." That's not a description anyone had heard of it back when conservatives were co-sponsoring bills with the individual mandate, and it's not what the policy's creator had in mind when he developed it. But that doesn't make it untrue.



To believe it, however, you need to adopt a very narrow definition of what's being affected here: Namely, the decision to purchase or not purchase health-care insurance. The more traditional view is that the individual mandate is one of a slew of rules and regulations bringing order to something much broader: The American health-care system, which all of us participate in. That's the view of the 38 health economists and academics who signed this brief (pdf). "There is no such thing as 'inactivity' or non-participation in the health care market," they wrote. "As the District Court" -- which ruled for the Affordable Care Act -- "recognized, virtually all Americans will, at some time during their life, require health care, either because of illness, accident, or the wear and tear of age."



Because health services are so expensive, the costs are defrayed over many years. That's what insurance does. And because we are a humane society, we have rules and regulations in place to ensure that people can get treated even if they don't have insurance. In that way, you may not be interested in the health-care system, but if you get hit by a bus, the health-care system is interested in you -- and that's true even though you weren't making an economic choice to become "active" in the health-care system when you stepped into the street. You were, by virtue of our laws and regulations and taxes, already an active participant. The authors of the brief make this point -- and its connection to the individual mandate -- well:



The requirement to obtain a minimal level of health insurance is predicated on the unique characteristics of the health care market -- the unavoidable need for medical care; the unpredictability of such need; the high cost of care; the inability of providers to refuse to provide care in emergency situations; and the very significant cost-shifting that underlies the way medical care is paid for in this country. Those characteristics do not obtain in other markets and, without them, the predicate for the kind of regulation adopted in Section 1501 does not exist. Hence, affirming Congress’ power to adopt Section 1501 will not open the door to unfettered expansion of federal power over individual liberty, as Appellants fear.



To make this more concrete, when an uninsured person breaks a leg and needs hospital care, that care is paid for by the rest of us. It'd be a bit odd for your economic inactivity to cost me money. But your decision to remain without insurance does cost me money, because you're an active consumer of health-care risk and an active participant on a health-care market that affords you certain benefits. When you don't purchase insurance, you've not decided against participating in the American health-care system. You're just not participating responsibly. To quote Mitt Romney:

Some of my libertarian friends balk at what looks like an individual mandate. But remember, someone has to pay for the health care that must, by law, be provided: Either the individual pays or the taxpayers pay. A free ride on the government is not libertarian.



Then there's the question of severability -- can the law work without the mandate? The legislation does not specifically say that it can. And the Obama administration, in a calculated gamble to persuade the Court that the mandate passes constitutional muster through the "necessary and proper" clause, is currently arguing that it can't. This, at least in part, led Judge Vinson to void the entire bill. "In the final analysis, this Act has been analogized to a finely crafted watch,and that seems to fit," he wrote. "It has approximately 450 separate pieces, but one essential piece (the individual mandate) is defective and must be removed. It cannot function as originally designed."



The irony of all this is that one of the central arguments in the Democratic campaign for the presidency was between the Obama campaign, which didn't think health-care reform required an individual mandate, and the Clinton campaign, which thought it did. I was on Clinton's side in that debate, but the case is more nuanced than the Obama team allowed then or is admitting now. The legislation will work much better with an individual mandate. But many people will be covered, and many goals achieved, in the absence of the mandate.



(Editor’s note: Curtis Smolar is a partner at Ropers Majeski Kohn & Bentley. He submitted this column to VentureBeat.)


A reader asks: My business is in an industry where sales people and software engineers are often recruited by competitors.  How can I protect my company from being raided?


Answer: Employers use what are called restrictive covenants to protect trade secrets and prevent employees from unfairly stealing clients and/or information.  Courts heavily scrutinize these covenants so it is imperative to have a seasoned attorney assist you with writing one that will be enforceable under the laws of the state where your company is located. (Just missing a few words can create tremendous grief for an employer.)


There are a variety of these available, but let’s look at the most common:


Non-disclosure agreeements: Non-disclosure agreements (“NDAs”) are one of the most effective and commonly used solutions to this problem.  An NDA protects information that is a trade secret – data that has economic value (actual or potential) due to its exclusivity and is something you’re making efforts to keep secret.


Taking trade secrets without the owner’s consent is called misappropriation and if an employee misappropriates a trade secret, a company has the right to recover:



  • Actual damages it suffers from the theft

  • Repayment of the money made by the employee (or his new employer) as a result of the trade secret theft

  • Injunctions requiring the return of the stolen property

  • Attorney’s fees


To ensure the full protection of an NDA, you’ll need to require the employee to sign a confidentiality agreement when they come on board that defines the scope of information your company is trying to protect.  This can be anything from a company’s secret sauce to pricing, lists and business processes.


Additionally, the NDA should contain a proprietary inventions assignment agreement (PIAA), which ensures that all work products created by the employee belong to the company and not to the employee – and the employee has no right to take them when he or she leaves the company.  This can include everything from software programs to customer lists to website designs to pricing.


Covenants not to compete – Better known as non-compete agreements, the enforceability of these varies dramatically from state to state.  In the states in which they are enforceable, like New York or Massachusetts, they can be very powerful tools.  In other states, like California, they are generally prohibited.


California specifically has a statute stating that restrictive covenants not to compete are presumed invalid unless specific circumstances apply.  For example, if the owner of a company sells their business, a non-compete may be enforceable against him or her in California.


For the states where these are enforceable, there are still some restrictions based on the duration of the agreement, geographical location and the breadth of activity prohibited.


Additionally, in many cases it doesn’t matter where the agreement was entered into or what the laws are there. If the employee moves to another state, either during or after employment, things can become muddled. So, it’s best to use non-competes with great caution. They may not be as effective as you initially think.


Non-solicitation – There are basically two kinds of non-solicitation agreements – non solicitation of employees and non-solicitation of clients.


Non-solicitation of employees is generally enforceable in most states, but a non-solicitation of clients may be considered an unfair restraint on trade.  The exception in those situations is if the non-solicitation agreement is necessary to protect trade secrets.


Non-solicitation agreements are generally less onerous then covenants not to compete and typically more enforceable.


Startup owners: Got a legal question about your business? Submit it in the comments below or email Curtis directly. It could end up in an upcoming “Ask the Attorney” column.


Disclaimer: This “Ask the Attorney” post discusses general legal issues, but it does not constitute legal advice in any respect.  No reader should act or refrain from acting on the basis of any information presented herein without seeking the advice of counsel in the relevant jurisdiction.  VentureBeat, the author and the author’s firm expressly disclaim all liability in respect of any actions taken or not taken based on any contents of this post.


Next Story: Sony Ericsson’s Xperia Playstation Phone to launch on Feb. 13 Previous Story: How HP designed its new angled touchscreen desktops (video)




bench craft company

It almost makes me want to spend £9.50 in Waterstones by skittledog


bench craft company

CBS <b>News</b> Restructures Management Team : TVBizwire : TVWeek <b>...</b>

CBS announced a number of changes today among the top management team for CBS News, with Jeff Fager taking over as chairman of the division, a newly created position. The company is also bringing in a new face, David Rhodes, ...

Fox <b>News</b> Calls Bulletstorm the Worst Videogame in the World

Fox News pundit claims that "increase in rapes" is due largely to videogames.

Sigma announcements include 120-300mm F2.8 and 150mm F2.8 Macro <b>...</b>

Sigma announcements include 120-300mm F2.8 and 150mm F2.8 Macro pricing: CP+ 2011: In addition to its latest lens announcements, Sigma has announced the price and availability of its 120-300mm f/2.8 EX DG OS HSM and Macro 150mm F2.8 EX ...


bench craft company

It almost makes me want to spend £9.50 in Waterstones by skittledog


bench craft company

CBS <b>News</b> Restructures Management Team : TVBizwire : TVWeek <b>...</b>

CBS announced a number of changes today among the top management team for CBS News, with Jeff Fager taking over as chairman of the division, a newly created position. The company is also bringing in a new face, David Rhodes, ...

Fox <b>News</b> Calls Bulletstorm the Worst Videogame in the World

Fox News pundit claims that "increase in rapes" is due largely to videogames.

Sigma announcements include 120-300mm F2.8 and 150mm F2.8 Macro <b>...</b>

Sigma announcements include 120-300mm F2.8 and 150mm F2.8 Macro pricing: CP+ 2011: In addition to its latest lens announcements, Sigma has announced the price and availability of its 120-300mm f/2.8 EX DG OS HSM and Macro 150mm F2.8 EX ...


bench craft company

CBS <b>News</b> Restructures Management Team : TVBizwire : TVWeek <b>...</b>

CBS announced a number of changes today among the top management team for CBS News, with Jeff Fager taking over as chairman of the division, a newly created position. The company is also bringing in a new face, David Rhodes, ...

Fox <b>News</b> Calls Bulletstorm the Worst Videogame in the World

Fox News pundit claims that "increase in rapes" is due largely to videogames.

Sigma announcements include 120-300mm F2.8 and 150mm F2.8 Macro <b>...</b>

Sigma announcements include 120-300mm F2.8 and 150mm F2.8 Macro pricing: CP+ 2011: In addition to its latest lens announcements, Sigma has announced the price and availability of its 120-300mm f/2.8 EX DG OS HSM and Macro 150mm F2.8 EX ...


bench craft company

CBS <b>News</b> Restructures Management Team : TVBizwire : TVWeek <b>...</b>

CBS announced a number of changes today among the top management team for CBS News, with Jeff Fager taking over as chairman of the division, a newly created position. The company is also bringing in a new face, David Rhodes, ...

Fox <b>News</b> Calls Bulletstorm the Worst Videogame in the World

Fox News pundit claims that "increase in rapes" is due largely to videogames.

Sigma announcements include 120-300mm F2.8 and 150mm F2.8 Macro <b>...</b>

Sigma announcements include 120-300mm F2.8 and 150mm F2.8 Macro pricing: CP+ 2011: In addition to its latest lens announcements, Sigma has announced the price and availability of its 120-300mm f/2.8 EX DG OS HSM and Macro 150mm F2.8 EX ...


bench craft company bench craft company
bench craft company

It almost makes me want to spend £9.50 in Waterstones by skittledog


bench craft company
bench craft company

CBS <b>News</b> Restructures Management Team : TVBizwire : TVWeek <b>...</b>

CBS announced a number of changes today among the top management team for CBS News, with Jeff Fager taking over as chairman of the division, a newly created position. The company is also bringing in a new face, David Rhodes, ...

Fox <b>News</b> Calls Bulletstorm the Worst Videogame in the World

Fox News pundit claims that "increase in rapes" is due largely to videogames.

Sigma announcements include 120-300mm F2.8 and 150mm F2.8 Macro <b>...</b>

Sigma announcements include 120-300mm F2.8 and 150mm F2.8 Macro pricing: CP+ 2011: In addition to its latest lens announcements, Sigma has announced the price and availability of its 120-300mm f/2.8 EX DG OS HSM and Macro 150mm F2.8 EX ...


bench craft company

The idea of making money on line is always welcomed by most people. Who wouldn't want to earn on-line and to be getting an income from this source hence, improving financial freedom? There are just lots of methods that one can come out with when it comes to on-line money making. First of all, it's important to research the sites that you are going to join or participate. Are they legit sites, need a minimum sum or stuff like that.

In any situation for on-line money making, organizing one's interests would be very helpful to shortlist the different methods available. There are lots of methods like getting paid to blog, writing articles and gaining from ad revenue, being paid a revenue share for writing, writing sites for clients to outsource, writing letters to submit to a bank of other letters for customers to choose from, paid to review sites, affiliate programs and many more. The list is just endless and there are just enormous ways of on-line money making. In my own personal observation, I notice that there are lots of people liking the idea of paid to blog. That is one of the best methods of earning money.

A lot of people are saying that it's best to not invest in any money at all for your on-line quest. To shed your dollar means something is not right. That's the general rule. There are perhaps lots of people out there making it in their best interest to only participate in free to join websites. However, I think there are legit sites out there with a low minimal fee like for instance, to purchase referrals and gain a bigger ads view per day. This is evident in PTC or what they call Paid to Click programs. There are just aplenty; some are still running while others are either already closed down or total scams. Therefore, be vigilant when choosing your programs. Next off will be the payment options. Choose the right kind of option. There are lots of people using Pay-Pal as well as Alert-Pay. Read the FAQs of each site and get to know their policy and what kind of payment options they are offering. Some only pay in checks so do take note in this kind of situation, you cannot use your Pay-Pal account to receive earnings.

In a way, this on-line money making method and/or various free to join websites can be your ideal work from home idea and some people are so successful that they have been making it their full-time job. However, if you are starting out, it's best to not resign your job for different people success vary definitely. Normally for a site that you are going to work for, say in writing sites, forums or anything at all, there will most probably be a community talk there. It can either be through their Help section, special forum panel and there are even some sites where members can leave testimonials. You can roughly estimate from there; whether the site is worth working for or not. Most sites cite in their terms and conditions that the registered member is an independent contractor. Read the clause and make yourself understand all the terms and words being used. In other words, do your research well.

Some money making sites are even providing a chart on article statistics or traffic coming to which article of yours. This instance is very familiar with Associated Content website and I totally dig this feature. It is a great analyzer for me, really. Summarily, with a little or lots of efforts, honest sites are there and they do pay members whom work hard. Do your research and never give up. Good luck for your quest..