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# Running net.business

This section is part of [something like a blog](../). To contact me or comment
on this, [see my email page](/email.html).

![photo](/mjr2002.jpg)

  * Disaster Recovery
  * Psst, wanna invest?
  * The Business Problems of Free Software
  * Some days you're the pigeon...
  * Taxes and Employment
  * Email, sigs and signing
  * Cooperatives

* * *

## Disaster Recovery

Disasters are almost never expected. That's the nature of them. As [this list
on the BBC](http://news.bbc.co.uk/1/hi/technology/4500482.stm) and [this
anecdote](http://journal.dedasys.com/articles/2006/01/30/disaster-strikes)
shows, there are all sorts. Disaster recovery is mostly about planning. I
found [this talk at LUG Radio Live](http://www.archive.org/details/LugRadio-
Live-2005-Talks-DisasterRecovery) particularly useful and have recommended it
to several people since.

* * *

## Psst, wanna invest?

Last week (27 March-), through a business networking service, I received a
message asking if I knew anything about a company who were asking for £25'000
"for a collaboration whereby their processes would be outsourced to
[enquirer's friend] in India" - I had a few minutes, so I sent back links and
comments for the company registration and domain name registration, which
showed some discrepencies with the badly-spelt web site.

I also asked if they'd let me know how it developed, and today I got a pretty
funny follow-up:

> "my friend had put me down as a contact, so these people called me up over
the weekend and offered to meet up. I did, and it was the most amusing
meeting. They'd come with the idea that I was going to make a decison then and
there, and were prepared to go away with a cheque. I asked them a couple of
questions, and the meeting ended when one of the guys said 'put the money on
the table and we'd answer all your queries'. Priceless!"

Would you buy a used car from a seller who insists you show them the money
before they answer basic questions? Let alone go into business with them...

(Quote used with sender's permission.)

* * *

## The Business Problems of Free Software

> Trading Standards department of a large northern town ... "If Mozilla permit
the sale of copied versions of its software, it makes it virtually impossible
for us, from a practical point of view, to enforce UK anti-piracy legislation,
as it is difficult for us to give general advice to businesses over what is/is
not permitted." \-- [ Gervase Markham, _Free software? You can't just give it
away_ ](http://business.timesonline.co.uk/article/0,,9075-2051196,00.html) in
The Times, 2006-02-21

* * *

## Some days you're the pigeon...

Sadly, that day wasn't one of those days. Lots of debugging, a disrupted
schedule and some tough choices to make. It was a compromise between
performance, stability and locking out a user who might be harmed if they
can't access the site. It's a site on a sensitive topic and users might not
want to contact us about it.

One down side of not being able to contact a web user is that you can't check
they're OK when you have to block them. All you can do is flash a message on
their screen when you do.

At least it was a more thought-provoking problem than spending three hours
dealing with a failed power supply and mechanical failures, which happened
recently.

* * *

## Taxes and Employment

I've written a little lately [on the Dunc-Tank (a project to pay some key
debian post-holders)](http://mjr.towers.org.uk/blog/2006/debian#dunctank) and
it's drawn some comments about running a business. I've owned businesses for
years and there's a lot I don't know, but I've been frankly shocked by some of
the comments. Here's two more. I wrote:

> Double-taxation seems like something a good accountant should help to avoid
- not heard of it being a significant problem often;

Today, I read a comment from Joe Buck:

> "Self-employed people or contractors have to pay double Social Security
taxes in the US. That's because, for salaried workers, the worker pays half
and the employer pays half."

>

> "This is one factor contributing to why anyone considering leaving regular
work and setting up shop as a contractor in the US needs to bill 2x their
regularly hourly salary to wind up with the same standard of living. In
addition to higher taxes, there's time between contracts, no paid time off,
etc."

That's not double taxes. That's one tax split between two parties. Half plus
half is one, not double.

If the two parties (employer and employee) are the same (as in self-
employment), you're still only paying the one tax. If the business is run
half-decent, that tax will be figured into the cost of the worker, even if
it's not in their posted gross salary. If the employer part is not widely
known, that sounds like government slyness to me.

Double-taxation is paying the same tax twice, not paying one tax split between
employer and employee.

By the way, I'm slightly surprised US contractors need to bill 2*gross. When
taking on new contract staff at a UK university, I think the cost was
estimated at 1.6*gross, and I think I've already mentioned that the cost for a
UK SME seems to be about 1.5*gross. Marc commented:

> "In my line of business (civil engineering consultants in Canada), clients
are normally charged around 2.5*gross salaries."

I guess that's partly because civil engineering insurances are more expensive
than computer contractor insurances. The news media often reports that the US
taxes less, so maybe work is much rarer there, or something. Which brings me
to when I wrote:

> I think running a business is a choice, not something anyone ever "had to"
do.

to which [Scott Robinson](http://quadhome.com/) replied:

> "That is certainly an odd perspective wrt. the choice of becoming an
entrepreneur. Have you only lived in places where employment is guaranteed?"

As far as I know, I've never lived in a place with no jobs at all. Sometimes
the jobs are crap and sometimes the terms for joining an existing business are
crap (so in my opinion, they might as well not exist), but if you didn't want
to run a business, you could avoid it. These are all things you weigh up when
making your _choice_ whether or not to run a business. Is there anywhere which
_forces_ workers to run businesses?

Marc (the civil engineer) also commented:

> "Also, running a business isn't unpleasant because of "money-above-all". The
unpleasant part is accounting, taxes, legal requirements, and administration.
You can hire only your friends and take only the jobs you like, and those
headaches don't go away."

I disagree. I don't find business administration particularly unpleasant when
done right with good advice and the stuff I can't do (like formal accounts and
providing advice) is contracted out. I suspect there are other people who are
happy to run [responsible businesses](http://www.ica.coop/), so I still don't
see why anyone has to do it if they don't like it. They may choose to do it,
to try to save some money, but it's a choice. Business doesn't have to be
unpleasant.

* * *

## Email

### Spam

I've had a high proportion of emails from a few people suffer problems, like
getting tagged as spam. Investigating further, it seems _Microsoft Outlook
2003 or later_ (not _Outlook Express_) doesn't generate Message-Id headers by
default. That explains why I notice it more at work, as business users are
more likely to use _Outlook_ \- home users will often switch to something
easier. If the ISP mailserver also doesn't add Message-Id headers, some dumb
software will note it has the same ID as known spam.

Both sides are at fault here: Outlook is ignoring a SHOULD instruction from
the email standards and the anti-spam software is handling missing Message-Id
as the same as a blank ID. Read more at [Vortices of Extelligence: Outlook
2003's Message-Id
insanity](http://extelligence.ringlet.net/roam/archives/000018.html) and
[b.cognosco: Outlook 2003 Message-ID
Insanity](http://www.terryfrazier.com/fullThread$msgNum=1526).

[Hub](http://www.figuiere.net/hub/blog/) told me "At my previous job, the mail
from the CTO was coming in without Message-ID:. Why ? Because we used qmail as
our MTA and qmail does not add it." I think if you use qmail, you've lots of
silly defaults like the error messages to change anyway... I expect qmail can
be made to add it somehow, but it'd be better to upgrade to a free software
mailserver.

### Email, sigs and signing

Ian Rawlings wrote in [ an article in
uk.comp.os.linux](news:slrnelj4pr.dbs.news06@desktop.tarcus.org.uk) that:

> "There was a legal precedent set in the UK a little less than a year ago, in
which the company's name and contact details in an email signature were taken
as sufficient identification of the company for the contents of the email to
be acceptable as a contract [...]"

and then helpfully provided some references about it.

The headline on [ Disclaimers could make emails into contracts [The
Register]](http://www.theregister.co.uk/2006/04/12/email_sigs_legal/) seems a
bit off. Even the article ends:

> "The end result of this could be that people who include a signature and
disclaimer at the bottom of their emails might actually be making themselves
more liable than people who just send one line emails."

Note the **might** there. It's quite a leap, isn't it?

[ Mehta v J Pereira Fernandes SA [2006] EWHC 813 (Ch) (07 April
2006)](http://www.bailii.org/ew/cases/EWHC/Ch/2006/813.html) appears to have
ruled that headers were not a sufficient signature, rather than that a plain
text signature block (sig) is sufficient. Have I missed a key point here?

AFAICS, the ruling contains the following key general points:

> "28. I have no doubt that if a party creates and sends an electronically
created document then he will be treated as having signed it to the same
extent that he would in law be treated as having signed a hard copy of the
same document. [...]"

> "30. [...] if a party or a party's agent sending an e mail types his or her
or his or her principal's name to the extent required or permitted by existing
case law in the body of an e mail, then in my view that would be a sufficient
signature for the purposes of Section 4. [...]"

I doubt that a sig is quite the same as a hand signature, as it doesn't
necessarily 'serve as a method of authentication' as required by the Digital
Signature Directive ( [1999/93/EC](http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31999L0093:EN:NOT),
[Electronic Signatures Regulations
2002](http://www.opsi.gov.uk/si/si2002/20020318.htm)), but there are times
when it could bind one to things. Essentially, using a sig is like using
headed paper, not like hand-signing.

Parts of the ruling (para.19) seem to argue that automatic insertions make
things carry less weight AFAICT - does that hint at how futile those forced
[stupid disclaimers](http://www.goldmark.org/jeff/stupid-disclaimers/) would
be if relied upon in court?

Does the same automatic-or-decision point also mean that using a electronic
signature tool (gpg or whatever) selectively helps it carry more weight than
signing everything automatically? I don't agree it [ ... signs death warrant
for Digital Signatures [Financial
Cryptography]](http://www.reckon.co.uk/item/eb55c50e)

Interesting questions. Anyone know if the answers are decided yet?

* * *

## Cooperatives

I attended the [Cooperatives SW](http://www.cooperatives-sw.coop/) annual
meeting in Taunton on Monday 27 November because it covers the new home of
[Turo Technology.](http://www.ttllp.co.uk/) Sadly, headline speaker Dame
Pauline Green was unable to attend, but someone else from Cooperatives UK (I
think it was John Goodman, but I can't find a name in my notes) gave the
keynote presentation about the current state of the cooperatives and current
trends.

Among the figures, there was the pretty astonishing [Global
300](http://www.global300.coop/) which was launched back in October. The
Global 300 lists the biggest 300 cooperatives and mutuals in the world. The
list contains some names I didn't expect and also some names in different
positions than I expected. Some things are less surprising: almost every
country has agricultural cooperatives and the UK (with mutual insurers,
building societies and credit unions) and France are particularly strong in
financial cooperatives.

Apparently, the Global 300 will be updated as and when results are published,
so watch that space.

More items from the Cooperatives SW meeting soon.

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