RE: Hourly Wages?
Yes,  I read that right after I sent that email.  So I sort of answered 
my own question in relation to freedom of speech.

I went to the AntiTrust website and it seems to indicate that "The 
Division prosecutes serious and willful violations of the antitrust laws 
by filing criminal suits that can lead to large fines and jail 
sentences."  I don't think we constitute a serious or willf ul violation 
of any law, since even if everyone here decided on a price fix, it 
wouldn't affect a noticeable portion of the market.

It also talks about Price fixing conspiracies.  I don't think that the 
handful of CF developers constitutes a conpiracy, nor do I have any 
information about anyone on the list that I could use to enforce 
penalites on if they violated a price fixing agreement, even if we all 
decided we were going to start one.  In order for price fixing to work, 
there has to be penalites on the companies that violate the scheme.  If 
I agree to set my price at $100 an hour, and everyone else on this list 
does also, we haven't affected the market enough to perform price fixing 
and there is no way for us to enforce it.

I have a friend who is a CPA who goes to company sponsored trade 
organization meetings where they discuss pricing and how to calculate 
prices.  So far, noone has shut that government regulated organization 
down.

The brokers you mentioned who were prosecuted had to represent enough of 
the market that if they agreed to a price fix, then noone would be able 
to undercut them or compete with them.  

Just my two cents, which is less than what I normally charge for 
development.  ;) 

-Craig

  ----- Original Message ----- 
  From: Neil Giarratana 
  To: 'Craig' 
  Sent: Thursday, November 15, 2001 9:45 AM
  Subject: RE: Hourly Wages?


  Craig,
  It's ironic that you bring up freedom of speech as that's the next FAQ 
question on hwg.org (as follows).  They speak of their official policy 
restricting free speech (which doesn't really apply on the cf list) but 
what's interesting to note is their reason behind the policy which is 
that their lawyers indicated there is precedence.  They seem to suggest 
that anytime you get professionals from the same industry together and 
they start talking about what they charge per hour, it equates to price 
fixing.  The reason seems to be that if I believed my service was worth 
a dollar and hour and you set your price at a dollar because that's what 
I charge, then we have arbitrarily fixed the price of the market.  Do 
these types of conversations go on, of course.  However, for it to be 
documented with a paper(less?) trail is a little more fodder than I 
would want to give investigators (if it were to come to that).  Anyway, 
the link to the full doc is 
http://www.hwg.org/resources/faqs/priceFAQ.html.

  Regards,
  Neil

  Doesn't freedom of speech allow me the freedom to say anything I want? 

  Short answer: NO 

  Use of the Guild's mailing lists is a privilege, not a right; in 
return for this privilege, you are asked to follow a few simple rules. 
The "freedom of speech" guarenteed by the U.S. Constitution only 
protects you from governmental intervention in your right to express 
yourself -- it doesn't give you free reign to use computer resources 
against the wishes of their owner. Our lawyer friends have kindly (and 
in self-survival) pointed out that the Federal Law system in the U.S. 
and Canada consider pricing discussions by professional organizations to 
be price fixing which is a federal offense. This "consideration" 
position has been successfully proven in court.

  Some of you have argued that other guilds and unions publish price 
guidelines based upon the stated prices charged by members. Guides are 
not discussions. Those guides have all company specific information 
stripped from them, every service has a range of prices associated with 
it, the prices are compiled and the contributors have become anonymous 
to the process. How the guide is used is up to the individual reader. 
What the HTML Writers Guild has forbid is discussion of prices.


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