Re: [slim] Hardware Beta Testers Take Note

2009-10-16 Thread Phil Leigh

What a ridiculous piece of legislation... to which I am fortunately
immune ... :-)


-- 
Phil Leigh

You want to see the signal path BEFORE it gets onto a CD/vinyl...it
ain't what you'd call minimal...
SB Touch Beta (wired) - TACT 2.2X (Linear PSU) + Good Vibrations S/W -
MF Triplethreat(Audiocom full mods) - Linn 5103 - Aktiv 5.1 system (6x
LK140's, ESPEK/TRIKAN/KATAN/SEIZMIK 10.5), Townsend Supertweeters, Blue
Jeans Digital,Kimber Speaker  Chord Interconnect cables
Kitchen Boom, Outdoors: SB Radio

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Re: [slim] Hardware Beta Testers Take Note

2009-10-16 Thread cliveb

Phil Leigh;473012 Wrote: 
 What a ridiculous piece of legislation... to which I am fortunately
 immune ... :-)
Be careful... we have ridiculous legislation here in the UK, too.

It wouldn't surprise me if HMRC (for our non-UK friends, that stands
for Her Majesty's Revenue  Customs - our equivalent of the Internal
Revenue) defined something like a beta test SB Touch provided in
exchange for your testing efforts as a benefit in kind, and decided to
charge tax on its value!


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Re: [slim] Hardware Beta Testers Take Note

2009-10-16 Thread mmca22gr

Interesting. 
So what value do you put on a beta SB Touch or radio? Certinaly not the
MSRP, else Logitech would have just put them out to market without beta
testing. 

If HMRC or the IRS really want to spend their time trying to chase
people for a benefit in kind tax charge on a barely working product,
that - when it does work - is about £150 (SBR) then they really do have
far too much time on their hands. 

SBR: £150
BIK tax would be based on the cost for Logitech to provide it? £50
taxed @ 20% = £10


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Re: [slim] Hardware Beta Testers Take Note

2009-10-16 Thread Pat Farrell
mmca22gr wrote:
 SBR: £150
 BIK tax would be based on the cost for Logitech to provide it? £50
 taxed @ 20% = £10

Which is a couple of pints at your local?


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Re: [slim] Hardware Beta Testers Take Note

2009-10-16 Thread cliveb

mmca22gr;473058 Wrote: 
 If HMRC or the IRS really want to spend their time trying to chase
 people for a benefit in kind tax charge on a barely working product,
 that - when it does work - is about £150 (SBR) then they really do have
 far too much time on their hands.
Never underestimate the lengths bean counters are prepared to go in
order to balance the books. The world is full of credit control
departments happy to use $100 worth of their time in order to recover a
$5 debt. HMRC  IRS are just bigger versions of the same thing.


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Re: [slim] Hardware Beta Testers Take Note

2009-10-16 Thread Siduhe

Phil Leigh;473012 Wrote: 
 What a ridiculous piece of legislation... to which I am fortunately
 immune ... :-)

We've had something similar in the EU (not quite so explicit but the
intended effect is the same) for some time, care of the Unfair
Commercial Practices Directive.  It contains a general ban on unfair or
misleading advertising practices including falsely or misleading
representing that your only connection to a company is as a consumer.

In the UK the Directive is enacted by the Consumer Protection from
Unfair Trading Regulations and includes a specific prohibition on
misleading conduct which is theoretically wide enough to include
failing to mention that you have received a free piece of hardware from
a company.  

However, there is also de minimis requirement i.e. the behaviour must
be likely materially to distort or be likely to materially distort the
average consumer's economic behaviour.

A more sensible way to approach things IMHO.


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Who am I on 'LAST.FM' (http://www.last.fm/user/siduhe)?
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it's good... got the odd dodgy track tho...- (c) 'ModelCitizen'
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Re: [slim] Hardware Beta Testers Take Note

2009-10-16 Thread toby10

I'd guess the IRS $600 rule would apply, no?
Gifts, monies, etc... valued under $600 need not be declared by the
recipient nor does the giver need to notify the IRS via 1099.
Unless they changed that or I don't understand it (which is quite
possible).   :(


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Re: [slim] Hardware Beta Testers Take Note

2009-10-16 Thread Phil Leigh

cliveb;473023 Wrote: 
 Be careful... we have ridiculous legislation here in the UK, too.
 
 It wouldn't surprise me if HMRC (for our non-UK friends, that stands
 for Her Majesty's Revenue  Customs - our equivalent of the Internal
 Revenue) defined something like a beta test SB Touch provided in
 exchange for your testing efforts as a benefit in kind, and decided to
 charge tax on its value!

A benefit in kind can only be provided by your employer with whom you
are bound into a contract of employment. Otherwise, it is merely a gift.
I've checked.


-- 
Phil Leigh

You want to see the signal path BEFORE it gets onto a CD/vinyl...it
ain't what you'd call minimal...
SB Touch Beta (wired) - TACT 2.2X (Linear PSU) + Good Vibrations S/W -
MF Triplethreat(Audiocom full mods) - Linn 5103 - Aktiv 5.1 system (6x
LK140's, ESPEK/TRIKAN/KATAN/SEIZMIK 10.5), Townsend Supertweeters, Blue
Jeans Digital,Kimber Speaker  Chord Interconnect cables
Kitchen Boom, Outdoors: SB Radio

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Re: [slim] Hardware Beta Testers Take Note

2009-10-16 Thread Phil Leigh

Siduhe;473098 Wrote: 
 We've had something similar in the EU (not quite so explicit but the
 intended effect is the same) for some time, care of the Unfair
 Commercial Practices Directive.  It contains a general ban on unfair or
 misleading advertising practices including falsely or misleading
 representing that your only connection to a company is as a consumer.
 
 In the UK the Directive is enacted by the Consumer Protection from
 Unfair Trading Regulations and includes a specific prohibition on
 misleading conduct which is theoretically wide enough to include
 failing to mention that you have received a free piece of hardware from
 a company.  
 
 However, there is also de minimis requirement i.e. the behaviour must
 be likely materially to distort or be likely to materially distort the
 average consumer's economic behaviour.
 
 A more sensible way to approach things IMHO.

Yes I'm familiar with that legislation and provided I continue to post
on this forum alone it has no relevance, because by definition I cannot
distort or be likely to materially distort the average consumer's
economic behaviour


-- 
Phil Leigh

You want to see the signal path BEFORE it gets onto a CD/vinyl...it
ain't what you'd call minimal...
SB Touch Beta (wired) - TACT 2.2X (Linear PSU) + Good Vibrations S/W -
MF Triplethreat(Audiocom full mods) - Linn 5103 - Aktiv 5.1 system (6x
LK140's, ESPEK/TRIKAN/KATAN/SEIZMIK 10.5), Townsend Supertweeters, Blue
Jeans Digital,Kimber Speaker  Chord Interconnect cables
Kitchen Boom, Outdoors: SB Radio

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Re: [slim] Hardware Beta Testers Take Note

2009-10-16 Thread Goodsounds

The FTC rules seems reasonable in intent to me. A reader should be able
to expect that reviews  and comments are independent and without bias.
If something of value has been conveyed, all this requires is
disclosure. Then come to your own conclusion. Even newspapers often
indicate for restaurant reviews, for example, that they pay for the
meals being reviewed.


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Re: [slim] Hardware Beta Testers Take Note

2009-10-16 Thread Goodsounds

toby10;473116 Wrote: 
 I'd guess the IRS $600 rule would apply, no?
 Gifts, monies, etc... valued under $600 need not be declared by the
 recipient nor does the giver need to notify the IRS via 1099.
 Unless they changed that or I don't understand it (which is quite
 possible).   :(

The $600 rule is for payers to report payments to the IRS. Recipients
are taxable on any amounts received (in cash or property) for services,
they just receive no report on amounts below $600 from any one payer.


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Re: [slim] Hardware Beta Testers Take Note

2009-10-16 Thread toby10

Goodsounds;473140 Wrote: 
 The $600 rule is for payers to report payments to the IRS. Recipients
 are taxable on any amounts received (in cash or property) for services,
 they just receive no report on amounts below $600 from any one payer.

Ah, IC.  Thanks.  :)
Kinda like voluntarily paying sales tax on items purchased with no
sales tax?


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Re: [slim] Hardware Beta Testers Take Note

2009-10-16 Thread Dogberry2

Phil Leigh;473118 Wrote: 
 Yes I'm familiar with that legislation and provided I continue to post
 on this forum alone it has no relevance, because by definition I cannot
 distort or be likely to materially distort the average consumer's
 economic behaviourPerhaps, perhaps not. But a beta tester who subsequently 
 posted a great
review on a site like Amazon, without making it clear that he'd been
provided the hardware by Logitech without paying for it, would be
leaving himself open to the FTC fine.

The two disturbing things I see in this are:

1) The wording in the FTC policy document makes frequent use of phrases
like will be determined on a case-by-case basis, leaving the door wide
open. In effect they're saying we aren't going to set any
clearly-defined rules or tell you exactly what is and isn't allowed, but
if you break the rules, we'll nail you.

2) This isn't legislation as the term is understood in the U.S. It
isn't a law passed by Congress. It's just a bureaucratic policy, with
the bureaucrats setting the rules very vaguely, and then making
themselves the arbiters of what those rules are and who is guilty of
breaking them.

Pat may be right that a particular case, if it were challenged and
taken to court, might be overturned, and perhaps the FTC would be forced
to make the rules more definite and precise, and be forbidden from
deciding on fines on a case-by-case basis. But the poor schmuck who
had to go to the trouble of taking it to court would be in for a whole
lot of hassle, and legal costs, probably amounting to more than the fine
itself. Which is how bureaucrats get away with this kind of thing: they
make it cost more to fight it than to just give in and pay it.


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Re: [slim] Hardware Beta Testers Take Note

2009-10-16 Thread jdoering

Goodsounds;473140 Wrote: 
 The $600 rule is for payers to report payments to the IRS. Recipients
 are taxable on any amounts received (in cash or property) for services,
 they just receive no report on amounts below $600 from any one payer.

Interesting. A while back MSFT quoted the $600 rule when providing
free software as a benefit for particapting in one of their usability
studies. They neglected to explain the nuances of the rule.

I was actually wondering if hardware to beta testers and such fell into
the same classification or if it was somehow different since they're
providing it for you to do something on their behalf (versus the MSFT
software which was purely an after-the-fact perk).

Suffice to say; I won't be calling the IRS to check up on any of
this...


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Re: [slim] Hardware Beta Testers Take Note

2009-10-16 Thread Goodsounds

jdoering;473255 Wrote: 
 Interesting. A while back MSFT quoted the $600 rule when providing
 free software as a benefit for particapting in one of their usability
 studies. They neglected to explain the nuances of the rule.

If participants got software to keep for no payment, then that is free,
isn't it? Did they also say it was non-taxable? 

jdoering;473255 Wrote: 
 I was actually wondering if hardware to beta testers and such fell into
 the same classification or if it was somehow different since they're
 providing it for you to do something on their behalf (versus the MSFT
 software which was purely an after-the-fact perk).

If I understand you, are you thinking about the fact that hardware
can't be tested unless it is provided? That's right. What would make it
taxable is that the tester can keep it. 

If the testers sign paperwork beyond a non-disclosure agreement, it
might mention that they receive the unit in return for testing. Or maybe
no mention is made.

Perhaps one of the Radio or Touch program participants could comment?


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Re: [slim] Hardware Beta Testers Take Note

2009-10-16 Thread jdoering

Goodsounds;473295 Wrote: 
 If participants got software to keep for no payment, then that is free,
 isn't it? Did they also say it was non-taxable? 
 
 If I understand you, are you thinking about the fact that hardware
 can't be tested unless it is provided? That's right. What would make it
 taxable is that the tester can keep it. 
 
 If the testers sign paperwork beyond a non-disclosure agreement, it
 might mention that they receive the unit in return for testing. Or maybe
 no mention is made.
 
 Perhaps one of the Radio or Touch program participants could comment?

Yes it was definitely free; I'm not sure why I quoted it. I don't
recall exactly what they said; I think it was along the lines that if it
was below $600 for the year it didn't need to be reported for taxes. I
suspect they weren't clear on that meaning that THEY didn't need to
report it versus what I was suppose to do. They were definitely tracking
the value of the software and whether or not my total for the year had
exceeded $600.


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[slim] Hardware Beta Testers Take Note

2009-10-15 Thread Dogberry2

The FTC (the U.S. Federal Trade Commission) has issued a set of
guidelines under which they can levy fines upon anyone who receives
free merchandise or other compensation from a company and then comments
on it on the Internet, whether in a blog, a consumer review site like
Amazon, or in a public forum such as this one, unless they make full and
adequate disclosure of exactly what they received from the company. The
guidelines are very vague, and very broad, and only the FTC gets to
decide what constitutes an acceptable disclosure statement, but as I
read it, this will certainly apply to all beta testers who receive
hardware from Logitech and subsequently make any public posts commenting
on the product. So if you're a beta tester, you might want to be very
careful, and perhaps change your forum sig to state in plain, clear
terms exactly what Logitech gave you. I'm not saying they're necessarily
going to come after you if you don't; I'm just saying it might be a good
idea to be careful about it.

Here is 'one article about it'
(http://www.slate.com/id/2231808/pagenum/all/), which includes a link to
the FTC document. It's an interesting read, if you're into bizarre
bureaucratic bilgewater.


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Re: [slim] Hardware Beta Testers Take Note

2009-10-15 Thread Pat Farrell
Dogberry2 wrote:
 The FTC (the U.S. Federal Trade Commission) has issued a set of
 guidelines under which they can levy fines upon anyone who receives
 free merchandise or other compensation from a company and then comments
 on it on the Internet, whether in a blog, a consumer review site like
 Amazon, or in a public forum such as this one, unless they make full and
 adequate disclosure of exactly what they received from the company. 

IANAL, but this will be overthrown in court.

They are doing a good thing in spirit but using a shotgun when a
precision weapon is needed.

I am a beta tester. I do not get hardware for free, I get it as
compensation to hours of testing, reporting, and posting on the closed
beta forums.

Getting a free piece of gear in exchange for tens and in the case of
the Touch, more like 100 hours of effort is not free. In the case of the
Touch, the hourly rate is below minimum wage. For the Radio, the rate
was better, it was closer to release shape when I got mine, but it sure
didn't work perfectly the first weeks.

And by the way, the developers who contribute code, at least the
non-Logitech employees who are committers, are not 'given the hardware,
they earn it. A professional software engineer typically has a salary
well over $50,000 a year, and in most parts of the country, its more
like $100k. This means between $25 and $50 per hour of work.

How much work needed to make a $200 consumer product stop being excessive?

Pat

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Re: [slim] Hardware Beta Testers Take Note

2009-10-15 Thread jdoering

I'm pretty sure you're still getting it for free in the eyes of the law.
If it's compensation for services rendered then I guess a whole
different category of law (taxes, etc) comes into the picture.

I understand your point on the personal effort involved; but I don't
think that has anything to do with the legal issue here.


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