Solyndra headquarters during weekday, just after bankruptcy announcement

This video is of the Solyndra headquarters in Fremont, California just days after they announced that they are going bankrupt. There's three large buildings around two massive properties.

Is state sales tax on interstate commerce allowed?

Did you know that individual States cannot tax interstate commerce, as a general rule? There are some very specific exceptions, and California (and other States) have been trying to exploit extremely loose interpretations of those exceptions. Interstate commerce is any transaction, transit or business that is conducted across State borders. This includes mail order, Internet, and physically going to another State to purchase an item to bring back to your home State. Many States have taxes on their books that attempt to circumvent this law. Recently, States have been trying to exploit what they think is a loophole in the Quill Corp. v. North Dakota (91-0194), 504 U.S. 298 (1992) (backup link) Supreme Court ruling that solidified the limitations on taxation by States. In this ruling, the Supreme Court declares that States may only attempt to levy an interstate commerce tax against businesses that have a presence within their State, known as a substantial nexus. Leave it to judges to come up with a term like that. It basically means a business must have a physical presence within the State in order for its transactions to be taxed by that State. California is now ready to pass a law that will try to specifically impose the collection of taxes from consumers on sales by online retailers, even when the retailer has no physical presence within the State. They are trying to expand on a similar law passed by New York recently. The idea behind the bill is that marketing itself counts as some sort of physical presence. If that doesn’t scare everyone, I don’t know what will. It basically means that anyone with a website that is accessible within California’s territory (i.e., any website on the Internet) is subject to California taxes and law, even if they’ve never set foot in the State. This substantially contradicts the body of Quill v ND, but hey, it’s a taxation party right now! Now, the common mistake is to assume “oh, the States are just strapped for cash and are trying to find ways to soak us dry.” That might be true if politicians actual wrote the bills that become laws. As a general rule, they do not (backup link). You know who does, as a general rule? Corporate lawyers of companies that lobby our legislative bodies. Hmmm, what corporate lawyers would be in favor of raising taxes on businesses? The corporate lawyers that work for companies who would not be substantially hurt by those taxes, but whose competitors would be. Let this excerpt from a recent letter from Amazon.com tell the story.

For well over a decade, the Amazon Associates Program has worked with thousands of California residents. Unfortunately, a potential new law that may be signed by Governor Brown compels us to terminate this program for California-based participants. It specifically imposes the collection of taxes from consumers on sales by online retailers – including but not limited to those referred by California-based marketing affiliates like you – even if those retailers have no physical presence in the state. We oppose this bill because it is unconstitutional and counterproductive. It is supported by big-box retailers, most of which are based outside California, that seek to harm the affiliate advertising programs of their competitors. Similar legislation in other states has led to job and income losses, and little, if any, new tax revenue.

Big-box retailers are companies like Target and Walmart. According to Amazon.com, companies like these seek to protect their businesses by fooling State governments into thinking the State will increase revenue with expanded scope on their sales taxes. Instead, this new tax (like any other tax) has a negative impact on the economy. I’m not against all taxation, but I am against any laws (taxes or otherwise) where one industry attempts to screw over another without providing any new benefit to the consumer. My website is just like any other. It does generate an extremely small amount of income from referrals (upon which I already pay income tax) via affiliate links with Amazon (please see the FTC 16 CRF Part 255 notice in the right column). Now, this law wouldn’t require me to pay any more taxes direclty, but as a customer of Amazon and other online sites, I would be forced to pay sales tax from a law that is probably unconstitutional. Laws that see to “tax the Internet” erode everyone’s rights, and threaten to hold anyone with a website accountable to the individual laws of over six thousand different taxing jurisdictions in America, according the Quill v ND ruling (linked above). Oddly enough, I no longer live in California. But, how long will it be before more States try to pass similar laws? Congress needs to act on this issue soon to prevent this economic nighmare from growing any further. I’m not making this a call to action because each person much act on their own. As such, I am going to be contacting my *new* Congress representitives about this issue very shortly. For additional reading, please see The Problems of State Taxation of Interstate Commerce and Why Congress Should Act (backup link)

2011 Silicon Valley International Auto Show and Traffic school

Allie went to traffic school this past Saturday for a ticket she earned during the Thanksgiving holiday. In the past, the real life edition of traffic school was a preferable over the online edition. However, she reported to me this time was no picnic. The class of more strict that before. She then told me several tales about her 1 day adventure in dealing with many different kinds of strange people. How do people fit that much annoying interaction into a lousy 8 hours?

So, on Sunday, I planned an in-town day trip to downtown Campbell for lunch, and also the 2011 Silicon Valley International Auto Show in downtown San Jose. This trip is notable for one very strange fact. We were actually able to take local light-rail public transit to each of our destinations. Silicon Valley and the San Francisco Bay Area are notorious for poor public transportation options. The fact that we were able to go to two enjoyable locations using light-rail is amazing.

Anyway, there were some cool vehicles this year. Here's some pictures from the show.

Free Right Turn rule in California

There are a lot of areas of confusion about some California driving laws. This was discussed in article that is part of an on-going series in the San Jose Mercury News that covers readers' questions about driving. The article supposedly provides some final answers about some very common driving questions. Since the article doesn't site many of its sources, it's tough to trust it 100%. The article does make some interesting statements.

One of the biggest questions in California is about something called free right turn. Many larger intersections have right turn lanes that are separated (channelized) from the intersection by a traffic island. These lanes rarely have signals or signs directly associated with cars in the lane. The confusion comes from how to use the lane when there is a red light in that direction. In most cases, a right turn is allowed on a red light only after a full and complete stop. However, when there is a separated lane, the car may treat it as a yield. In other words, it's OK to precede on a right turn as a yield on a red light (if safe) for separated right turn lanes.

Here's the funny part. There is no law on the books in California that actually make this declaration, as far as I know. The free right turn rules seems to come out of the same absence of law regarding the requirement for a stop on red for those lanes. It's important to note that this rule only applies if the traffic signal is after the segregation of the right turn lane (which does make sense).

Nice to have authentic burrito

One thing I miss from Salinas Valley is regular access to authentic home cooked Mexican food. There's plenty of good Mexican places in Silicon Valley, but there's something just a little bit better when eating Mexican food closer to the source. Finding places like that require a keen eye and a good memory. Since I'm not likely to get Mexican home cooking these days, I have to be mindful of where to go to find good authentic food. One place I found is Chavez Supermarket on Fair Oaks in Sunnyvale. It is not an actual supermarket. It's a small Mexican grocery store. Go in and walk to the back of the store. Order tacos, burritos or whatever. Then, enjoy.

Failed predictions by Sylvia Browne

Sylvia Browne makes a lot of predictions. Every once in awhile, she claims this or that successful prediction. In her book The Other Side and Back, Browne even boosts,

I could fill a separate book with my predictions that have come true...

She doesn't talk about her unsuccessful predictions very often, from what I've seen. I imagine she has many, indeed. I'm not going to get all high and mighty about failed predictions. I'm just going to list a few.

In the book mentioned above, Sylvia has a list of predictions for the year 2000 that did not end up happening or that where so basic that they really don't count (whether right or wrong).

Predictions:

• Three major hurricanes, with hits in Florida and Carolinas (among other regions). Fail. According to USA Today, "no hurricanes hit the USA" in 2000.
• Notable earthquake hits Niagara Falls in 2000. Fail. The last notable quake in that area occurred in 1897.
• Bill Bradley won the presidential election and there was "close competition from the Reform Party". Fail and Fail. Though that election may have been stolen with the wrong outcome, Bradley and the Reform Party were no where in sight.
• David Letterman quits his nightly show at the end of 2000. Fail. Even after the scandals of 2009, he's still running strong.
• Brad Pitt and Jennifer Aniston marry. Success! But is this really a prediction or something that was rather obvious? She also predicted they wouldn't last long. They didn't last, but they did last longer than many Hollywood marriages.
• In 2000, there would be a new flu strain that would start in the Eastern U.S. Asian immigrants coming into the U.S. would "help quell this flu virus". Fail. Although a new flu strain popped up in 2005 called Avian Flu, and that was actually blamed on an Asian source. So, I count this as a double and triple fail.
• In the year 2010, aliens will be seen on Earth and act as observers. She also predictions they will teach humans about the anti-gravity technology. I'll make a counter prediction. No aliens. No anti-gravity devices.

There are many other unsuccessful predictions, though the point seems to be made fully.

49ers moving to Santa Clara

On the night of the election and before the results were finalized for the Santa Clara Measure J vote, the 49ers organization put up a sign in front of the Great America overflow parking lot. The next morning, news reporters began discovering the new sign even before the paint had dried. The sign boldly declares the new site for the San Francisco 49ers future stadium in a move that makes it known they are leaving San Francisco city limits and moving into my neighborhood in Santa Clara.

It was said that the 49ers spent $4 million on the campaign to pass Measure J. With only about 11,231 yes votes (59.6% of the total votes 18,840), they spent about $356 per vote.

With this sign, the move of the 49ers to Santa Clara is about as official as it comes.

Hetch Hetchy exposed

Here's a photo of an exposed section of a southern portion of the infamous/famous Hetch Hetchy Aquaduct as it cuts through Santa Clara, CA.

49ers in Santa Clara

A measure in support of a new stadium for the 49ers in Santa Clara is going on our June ballot. There are groups against this activity. It is always easier for opposition to confuse issues in the minds of people. They are trying to do that here with rather silly points. One argument I've seen used against the stadium is that it would require more police on the day of the 49er games. Umm, of course it will. This is job creation and good for the economy!

Another thing I don't understand is the statement that projects like this shouldn't use public funds. This never made sense to me. This is America, right? Investment is the American way! If we expect to have financial gain, we should be willing to put some cash up as an investment.

The proposed stadium location is within a mile of my house (walking distance). It's near 3 freeways and right next to a mass transit station. It's going to create 2650 game day jobs and bring in an estimated $249 million dollars a year once it is built. Millions of money from taxes will be available for local programs.

If the stadium is truly state of the art, it will likely be chosen by the NFL as the sight for future Super Bowls. Just one Super Bowl in Santa Clara could bring much more money and prestige.

Anyway, I'm looking forward to just getting this dang thang built by the 2014 goal.

Avatar now highest grossing movie ever? No.

I got a chance to meet James Cameron this week. I told him I liked Dark Angel, while I was having my photo taken with him. There, you can see me saying out of the corner of my mouth.

I do love Avatar. I've seen it once in AMC's fake IMAX theater in 3D. I want to see it again soon. This week, it has become the highest grossing film of all time in terms of actual dollars. However, it is not even close to being the highest inflation adjusted grossing film of all time. Right now, Avatar is #21 and Titanic is #6. Adjusted for inflation, the highest grossing film of all time is actually Gone with the Wind currently at over $1.5 billion, followed by Star Wars at $1.3 billion in today's money. These numbers are well over double Avatar's earnings of $603 million.

Though it doesn't benefit me at all, I am rooting for Avatar to approach those numbers. If Cameron can keep the magic of this new franchise alive, the rumors are that this movie is the first of a trilogy. My hope for any sequels is to not allow familiarity with the characters to interfere with making two more great films. Star Wars balanced this fairly well with its first sequel, Empire Strikes Back, but lost much of its magic since. Here's to the hope of continued high quality entertainment from James Cameron!

Ballot initiative for 49ers Santa Clara stadium

With an estimated 7060 valid signatures, the ballot measure to support the building of a 68,500 seat modern stadium in Santa Clara may likely be added to the June 2010 ballot, according to a letter from Registrar's Office to the Santa Clara Clerk's Office. With this little bit of news, the effort for the new stadium moves ever closer to being successful.

Now, it should be noted that if the ballot measure happens to be rejected by the voters of Slara Clara city, that may not necessarily end the move to build the stadium. The bureaucratic process to get approval for the stadium seems to be a mostly city hall affair. The ballot measure is just meant to reinforce efforts (assuming it is approved).

Tuesday Two: Quantum Motions

Tuesday Two

Here's motion control that doesn't require bright lights, tons of balls, or expensive high speed cameras. Instead, it uses a relatively inexpensive pulsating projector with sensors that record movement patterns at 500 times a second.

Keep those rubidium atoms separated in your quantum computer by using polarized light! Your qubits won't be the same! No longer will they interfere with each other, causing screwy quantum calculations. Quantumfy with assurance!

Epoch-Fail

Apple has had fairly high representation in the as of yet short life of the Epoch-Fail awards. Do I hate Apple? Not at all. They just make themselves such an easy target. Epoch-Fail award again goes to the iPhone 3GS for having what some claim to be broken encryption that will not be able to protect sensitive data.

Star Trek: The Exhibition at The Tech in San Jose, CA

Star Trek: The Exhibition is currently travelling around the country, presumably before Star Trek: The Experience reopens at its new home Neonopolis Mall later this year. The Exhibition is a seriously scaled back version of the The Experience, without the live actors, large scale stories in the form of rides and adventures. It's pretty much just a museum style display of some of the more common Star Trek vintage items.


They have this scale "authentic replica" of the Enterprise in the first main hall, along with displays giving mundane details about the various Star Trek series and movies. There are also display cases with phasers, tribbles, tricorders, etc.

The Guardian of Forever greeted me. I have no memory of any events that may have occurred as I walked through the gate. Hmmm, I wonder what adventures I had.

49er's Stadium: What does Cedar Fair really want?

Perhaps there is some legitimate concern for proper bureaucratic process over at Cedar Fair, owners of California's Great American theme park. Why else would they file a lawsuit against the City of Santa Clara complaining about how paperwork was recently handled in the process to approve the new 49ers stadium? (Santa Clara County Superior Court Case number 109CV158836.) Well, maybe they seek to take advantage of the delicate phase in the planning of the new stadium?

Given the lack of enthusiasm for the new stadium previously expressed by Cedar Fair, I'm guessing this is more of a ploy to legally extort conditions and concessions from the City of Santa Clara. Cedar Fair may feel it needs more money from the city simply because the new stadium site is a direct neighbor to the theme park. Here's the funny part. Even though Cedar Fair does own Great American, the City of Santa Clara actually owns the land upon which Great America rests. The City of Santa Clara is the landlord to Cedar Fair. Santa Clara has already bent over backwards to make Cedar Fair feel at home. Cedar Fair now seems to be abusing their position as our guest and interfering in our business. Is there a San Francisco connection, as SF City Hall tries to buy yet even more time in their uber-pathetic effort to keep the 49er's in San Francisco? They've already had over 1.5 decades to do something.

Frankly, there could also be a Sac connection, since some big names in our state and even the Federal government are against the 49er's moving to another city in the Bay Area. Again, there is another funny part to this. If the 49er's do not find a new home in the Bay Area, they have suggested that the will leave the area completely. So, all this effort to pin the 49er's down in San Francisco could backfire by slingshotting our team to another state altogether! How embarrassing would that be?

And now a new wrinkle. Cedar Fair was just bought by a private firm that has yet to comment on their position. My hope is that they do not interfere with local economic endeavors, and instead help boost the local economy by supporting the new 49ers stadium.

Blossom Hill Road drive

Blossom Hill Road is a fairly long street that cuts through several areas of southern Santa Clara Valley. Usually, people see only one short stretch of the street, but I'm guessing most have rarely seen its entire length at one time nor in parts. Besides that, when seen in parts, it's not a particular interesting street. Most of it is fairly straight. However, when driving its entire length at one time, it is actually very interesting. It ends at Freeway 101, crosses Freeway 85, cuts through south San Jose and Almaden, goes up the green and slightly overgrown Blossom Hill (from which its name comes) and starts up just north of Downtown Los Gatos. Quite a strange mix of sights.


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Tuesday Two: City bruizin'

Tuesday Two

The eco-friendly Gocycle is a hybrid electric bike that weighs a mere 16.2 kg due to its special composite material. This folding bike is designed for city living. It converts from human power (peddle power!) to electric with the push of a button. Will it save the world from eventual doom? Only time will tell.

I know whenever I here the word "Nanotube", my ears perk up. Imagine how excited I am to see a recent article about vibrated nanotubes used to filter water so well that anything larger than a water molecule is removed! Imagine how fresh and tasty such pure water would be. Wait...technically, humans cannot taste water, right?

Epoch-Fail

So far, Epoch-Fail awards have gone to particular unsuccessful ventures. Today, I'm handing an Epoch-Fail award to something that does seem to be successful. Why? Because I dislike the trend. This week's Epoch-Fail award goes to every city council that is banning plastic bags from the grocery stores! Aren't we destroying enough trees? Need we bring back the stone age paper bag and pretend it is from a renewable resource; when the reality is that the resource is not being renewed? Sure, plastic clog our bogs, and choke our rivers, but hey, they are more reusable than paper bags! And what of reusable canvas bags? Heh. Guess what. You have to buy them. They get very unsanitary very quickly. Wanna guess how many patrons are not washing them regularly? There are reasons behind our strict food handling guidelines, and canvas bags now represent a very weak link in food safety.

Snow in the SF Bay Area?

It snowed over night in the San Francisco Bay Area. This is not competely uncommon. The hills around Silicon Valley often see snow during winter. However, this is just about as low as I've ever seen the "snow cap". In fact, it did even snow in Livermore, CA (which is not exactly at a higher elevation).

Hiller Aviation Museum

I recently had a chance to visit the Hiller Aviation Museum. It's an interesting place. The museum is housed within a former industrial building.

In the main entrance hall, the visitor can view a sizable restoration shop with its menagerie of old equipment and tools. The shop is bigger than some machine shops. There are also many scaled airplane models dangling from the ceiling. Let's not forget the rather sizable souvenir shop. Yes, I bought the t-shirt. :)

The main viewing room is the entire right side of the building. It houses many full scale and scaled air machines, with some original airplanes mixed with replicas. Where there's space to fill, you'll find an airplane or parts thereof.

One of the more interesting facts promoted at this museum is that there where successful attempts at powered flight long before the Wright Brothers. The Herman Avitor Jr. (or just Avitor) was powered by a 1-hp steam engine that drove twin propellers. It was was the first successfully flown heavier-than-air aircraft to employ a three-axis control system. It was built in San Francisco, CA. In 1869 it took flight near the modern day SF Int'l Airport. Sometime after its first flight, the contraption was destroyed when it caught fire.

Another interesting exhibit was the Pepsi Skywriter, used by Pepsi to promote their product for a few decades starting in the late 1920's. I'm not sure if this is a replica, but it is interesting to see the old Pepsi logo and figure how long ago companies where using inventive new marketing techniques to promote their products.

Autumn-Gem film

I took Allie to something she's not done before, a screening of an independent film, at SCU. The film is called Autumn Gem and is done in the same style as many Biography or History Channel shows. The topic of the film was a late 19th Century Chinese heroine by the name of Qiu Jin. You can see me and Allie in the upper left corner of the room in the panoramic photo. From the looks of my face, I was apparently in the middle of chewing my gum (which is something I don't really do all that often, so this may actually be the first photo of me doing that).

From the movie's website:

Qiu Jin was a seminal leader in both the revolutionary movement and the struggle
for women’s emancipation.

Allie has never heard of Qiu Jin before that evening, as is the case for most Americans (even Chinese Americans who were born in Asia). For me, the film was an interesting exploration into Qiu Jin's role in the Chinese revolution at the turn of the 20th Century. Here's the promotional image from the previous showing.

The makers and supporters of the film hope to sell it to the History Channel or preferably to PBS. Though the film's scope is admirable, in my opinion it needs a bit more editing, production work and clean up before its ready for those venues. It was interesting to watch, but ran a bit long for the quantity of information presented. Even still, if someone is interested in the topic, or even just interested in supporting independent film makers, please check out the upcoming screening dates. They will be all over the country in a 24 day/16 city tour.

Tuesday Two: Snap Cracke Pop

Word First

Welcome to the first day of Fall 2009. I have something called Tuesday Two on a professional technical website that I maintain. I will be reposted some of those here from time to time. These will include brief showcases of two noteworthy inventions (maybe more sometimes, maybe less). In addition, I may also highlight an epic fail invention. Hmm, I don't know about that word epic fail. It's too much en vogue right now and will likely not be used in a couple years. Let me make up my own derivative.

I will sometimes highlight an epoch-fail invention. That's likely a safe term that won't get over used by the likes of G4 and other "we are cool gadget geeks" media outlets. Epoch-fail also out-does the term epic fail because even an epic is only a short period when compared to geologic time frame of an epoch. Epoch-fail inventions will be (in my opinion, as always) failures that can be registered in terms of how long the dinosaurs roamed the Earth, or when we last had a comet (or was it an asteroid, or huge broken-down alien space ship) smack into the Yucatan Peninsula.

Also, it should be noted that by "invention", I also mean innovation, device, gadget, idea or any other unique real world or conceptual imagining. Normally, I will stick to recent news, but don't be surprized if I honor the axle or deride the idea that UFO's helped Egyptians build the Pyramids.

Tuesday Two

Kindle gets nod for living up to the hype. Recent study shows that it is indeed more environmentally friendly than paper books. This, combined with its new lower price should turn some green heads and open their pocket books.

Do dogs go to heaven? Regardless to one's beliefs, there is now a service available to take care of pets left behind once the Rapture happens. It's billed as,"The next best thing to pet salvation in a Post Rapture World"

Epoch-Fail

1. This week's first Epoch-Fail award goes to the beloved iPhone 3GS, based on reports from France that suggest it is exploding and cracking without warning. Yikes!
2. A second Epoch-Fail award goes to those who have been trying to link the good ol' meat and potatoes diet with bad things. Recent studies have not shown a link between meat and dairy products with breast cancer in women.
3. Yet a third Epoch-Fail award goes to Bank of America for not cashing the check of a man who was born with no arms because he was unable to provide a thumb print.
4. This week's final Epoch-Fail award again goes to Apple, but this one is directly granted to Steve Jobs for his alleged lie to the New York Times about why the new iPod Touch doesn't have a camera.