[thelist] re:site price help

the head lemur lemurs at extremezone.com
Tue Jul 18 11:26:21 CDT 2000


>How does our discussion cause a restraint of trade?

for the buttonsorters I am not an attorney. I have one and so should you!

This is United States specific information, but i am reasonably sure other
countries have similar laws...

on the same url Further Down is the Clayton Act

§ 2 Clayton Act, 15 U.S.C. §§ 13(2)


Discrimination in price, services, or facilities


(a) Price; selection of customers

It shall be unlawful for any person engaged in commerce, in the course of
such commerce, either directly or indirectly, to discriminate in price
between different purchasers of commodities of like grade and quality, where
either or any of the purchases involved in such discrimination are in
commerce, where such commodities are sold for use, consumption, or resale
within the United States or any Territory thereof or the District of
Columbia or any insular possession or other place under the jurisdiction of
the United States, and where the effect of such discrimination may be
substantially to lessen competition or tend to create a monopoly in any line
of commerce, or to injure, destroy, or prevent competition with any person
who either grants or knowingly receives the benefit of such discrimination,
or with customers of either of them:

Even if we were to expound the viewpoint that every website is a unique
creation, the case can be made for the basic service, i.e. build the files,
upload the files, get money, move on.

the first two of course cannot gotten around in building websites.
compensation on the other hand is a matter of great interest to you me and
the taxman.
Discussion of pricing can take a number of turns, most of them ugly.

setting a price.
by site
by hour
by feature?
by what you do in validation before launch
by what you do post launch?

Hi I built this site for x clams
    {gee what a loser I can build the same sites for less clams}

"to discriminate in price between different purchasers of commodities of
like grade and quality"

"where the effect of such discrimination may be substantially to lessen
competition or tend to create a monopoly in any line of commerce, or to
injure, destroy, or prevent competition with any person who either grants or
knowingly receives the benefit of such discrimination,"

Flame war 1= you're no good-am too-am not.............

    {gee I'm not charging enough!}

"to discriminate in price between different purchasers of commodities of
like grade and quality"

"where the effect of such discrimination may be substantially to lessen
competition or tend to create a monopoly in any line of commerce, or to
injure, destroy, or prevent competition with any person who either grants or
knowingly receives the benefit of such discrimination,"

Flame War 2=how can you charge so much/so little?

{use your imagination here}

If you are engaged in commerce [money for pixels]
this is you...
we can beg the question that code is intellectual property, or a commodity,
(i.e being 1's and 0's on a harddrive somewhere, and reproducible, (the
recent yahoo court nonsense regarding giving up the names of folks making
critical comments on boards.)

To my knowledge, no board has been taken to court on anti-trust issues, and
I suppose the argument can be made that evolt is not an association, group
or organization, but do you want to take the chance of winding up in court
to prove this point.

the FTC is currently looking into B2B exchanges for this very reason.

Is email actionable?

Oliver North - The Iran-Contra affair - PROF Notes
Yahoo disclosures of real names behind BB postings

Just about every website that hosts boards has a disclaimer that under court
order, they will toss you to the lawyers.......

usually under the privacy policy section or on the posting rules page.

alan herrell - the head lemur
news http://www.lemurzone.com/news/
opinion http://www.lemurzone.com/edit/editorial.htm
Campaign 2000 http://www.lemurzone.com/campaign/
money for pixels http://www.lemurzone.com












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