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[quote=paramount][quote=njtosd]The First amendment does not protect all speech (the many exceptions include defamatory speech, threats of violence or fraud).[/quote]

and yet video/photography doesn’t fall into any of these catagories in general.[/quote]

Do you understand what “the many exceptions include” means? It means there are a lot more than those listed. Those are three that most people are familiar with.

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Paramount – a video that is propaganda-esque and viewed by only 300 people is rather a disappointment after reading the title of this thread. You don’t really want an answer to your question – which would necessarily be very complicated because the First amendment does not protect all speech (the many exceptions include defamatory speech, threats of violence or fraud).

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[quote=paramount]The original post/poster is nothing less than a vicious elitist attack on the proletariat.[/quote]

Was that a joke?

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A number of doctors I’ve seen don’t accept Aetna. Haven’t had that problem since switching to blue shield. Even if you have a high deductible, it’s still a pain to report out of plan payments and you don’t receive the insurers negotiated rates. We went to an HSA plan and so far, so good.

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Re: her being a good gambler – depends on what she was playing. For blackjack the house is reported to have only a 0.6% advantage (if you play correctly).

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Also – find out whether the school grounds are rented out to sports teams on evenings/weekends. It’s zoning dependent – but I’ve been told that many schools in San diego (primarily in the city) were built prior to the enactment of zoning restrictions. This can increase the amount of noise. A lot.

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Re: point 2 – reading only what you’ve copied – that looks to me to relate to whether a transfer has been made not what kind of transfer it is.

You did register the copyright, though, didn’t you?

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[quote=XBoxBoy]you can sell the copyright rights even though you don’t sell the copyright.

[/quote] Um – I hope those are your words and not an attorney’s. . . Anyway – here is the question: If they stop paying, who does the copyright belong to? If you have assigned (sold it), the copyright no longer belongs to you, and your only recourse would be to sue for breach of contract. Generally speaking, you don’t assign without getting the money up front, just as you wouldn’t transfer title on a house without getting the money up front.

Here’s at least one question. Copyrights, to be enforceable, must be registered with the U.S. (for US citizens) Copyright Office. Who do THEY think owns it? Have you filed a document with the Copyright office assigning the ownership of the copyright to someone else?

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[quote=XBoxBoy]Follow up to this:

Turns out that under IRS Regulation §1.861–18 there are a fair number of situations where money earned from selling a copyright right of software is treated as a capital gain. (And fortunately for me, I fall under one of those cases)

Those who have interest in this can see the regulation here:

http://www.gpo.gov/fdsys/pkg/CFR-2010-title26-vol9/pdf/CFR-2010-title26-vol9-sec1-861-18.pdf

XBoxBoy[/quote]

Are you licensing (as you said earlier) or selling (usually referred to as “assigning”). In real estate terms it’s the difference between selling a home and renting it out.

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[quote=livinincali][quote=CA renter]
I think it’s imperative that we look more closely at the evidence showing how violent video games and movies affect developing minds, and how technology is affecting people’s ability to empathize.
[/quote]

We got so close to actually getting to the real issue which is mental health problems and treatments. Then we had to blame violent video games. Blame the guns, blame the video games, blame the bullying, blame something other than the real issue which is we diagnosis our kids with mental issues and then medicate the hell out of them.

It’s time for people to be parents. It’s time for people to start accepting responsibility for their actions. It’s time to start teaching our kids that winning and losing aren’t the same thing. We think if a kid has a mental issue we can just pop a pill and it will all be alright. It takes more work than that unfortunately. Address the mental health issues and treatment programs. That’s where the real solution lies. Eliminate the guns and next mass murder is a 5 gallon can of gas or a car.[/quote]

Completely agree. Although parents have little/no legal authority over children 18 and over. And, In the Conn. case I doubt 10,000 years in a treatment program would have fixed what was wrong with him. What do we do with dangerous mentally ill people who haven’t done anything yet? Good example is Irvine guy (professor, i think) who started a bunch of small fires but whose iPhone contained graphic descriptions of mass murders he had contemplated. He said he was just fantasizing …..

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[quote=tc]If more of the country was unionized we wouldn’t need to worry so much about expensive government programs like food stamps, affordable health care acts, etc. Because unions make sure that employers are paying for it. At least private unions do.
America was at its best when the country was more union friendly. But whatever kill the unions and see where it gets us.

Our children will wake up homeless on the continent their fathers conquered.[/quote]

See my earlier point about Michigan (which was the starting point of this post). If unions are so helpful, why is Michigan in such bad shape? I grew up outside of Detroit – the UAW drove the auto industry out of state. It created the need for the enormous amount of public assistance now going to Michigan’s citizens.

And, I have to ask – who conquered our continent? I must have missed something in the history books –

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[quote=XBoxBoy][quote=njtosd]Has the licensing already been done? If its just a matter of how to treat the earnings on a license, a tax attorney (w/o IP experience) should be able to help you. (I saw a few cases saying that straight licensing fees are ordinary income). If you are trying to figure out how to structure it – I would recommend using a tax person and a separate IP attorney. The likelihood of finding someone with a specialty in both fields and your technical area (presumably computer science) is kind of low.[/quote]

My goal is to figure out if it can be structured so that money coming in is treated as capital gains instead of as ordinary income. I can probably modify the licensing without much problem. I’ve spent a good bit of time researching the IRS publications and looking at the actual tax code and I believe it could be possible, but that little details that are not well explained could be very important, thus I’m looking for someone with real experience in these matters.

Thanks,

XBoxBoy[/quote]

Again – I would look for two people who would work well together as opposed to finding a single person. I am a patent attorney, as is my husband and lots and lots of friends. I haven’t ever heard of anyone who has a second specialty in tax (they require significantly different educational backgrounds). FWIW – I think you have an uphill battle. Copyrights are excluded from the definition of capital assets under section 1221 of the IRS Code. Here’s a good article to at least familiarize yourself with the issues:

Federal Income Tax Treatment of the
Development, Acquisition and Disposition
of Intellectual Property

http://www.sheehan.com/uploads/pdf/new%20folder/nhbar_journal_federal_tax_treatment_fall2006_ptb_cjh.pdf

Note – it was written by a tax guy and a second guy (presumably familiar with IP).

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[quote=tc]And people wonder why this country is going down the drain.[/quote]

Are you saying that the new legislation is causing the country to go down the drain? Have you noticed how far down the drain Michigan has gone under the former system? The unions forced the auto industry out of the state and should be held responsible for the the results.

[njtosd]

Has the licensing already been done? If its just a matter of how to treat the earnings on a license, a tax attorney (w/o IP experience) should be able to help you. (I saw a few cases saying that straight licensing fees are ordinary income). If you are trying to figure out how to structure it – I would recommend using a tax person and a separate IP attorney. The likelihood of finding someone with a specialty in both fields and your technical area (presumably computer science) is kind of low.

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[quote=spdrun]Call Christie what you like, but he’s direct, blunt, and somewhat honest. Exactly what a politician should be. Love the NJ ‘tude, though people who didn’t grow up there will never “get” it.[/quote]

He’s done a good job combatting the entrenched corruption in NJ without being as melodramatic as either of the current presidential candidates. I like him.

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