News for hackers. Stuff that matters.
Re:Munich court tells Netflix to stop using H.265 video codi... by thinkharderdev on Monday November 13, 2023 @09:43AM (#38250639)
Years ago I read the book "Radical Markets" by Glenn Weyl and Richard Posner. One of the ideas was a system of property tax system in which you pay property tax based on a property value which you get to declare (rather than some assessment by a third-party or government agency). The catch is that you are required to sell to anyone who offers your declared value. So a bit like a land value tax but fully general (can be applied to anything) and also sidestepping the issue of how to actually determine the the "value" in land value.

While this would pose obvious practical problems as a system for property taxes, it seems like it might actually be a good system for patent taxes. Basically, you should have a to pay a patent tax to hold a patent. You can declare whatever value you want on the patent but have to also be willing to sell the patent at that declared value (or maybe just license it). I haven't thought it through really (just an idle thought) it certainly seems like it would basically destroy the business model of "patent trolls" and curb the practice of major tech players accumulating a huge portfolio of dubious patents as a cudgel they can threaten smaller competitors with.

Re:Munich court tells Netflix to stop using H.265 video codi... by ralferoo on Monday November 13, 2023 @10:08AM (#38251011)
> The catch is that you are required to sell to anyone who offers your declared value.

This sounds terrible for owners and perfect for governments and rich investors.

Governments would love it because it forces people to over-value their property to avoid the risk of their property being snatched from them against their wishes. If you can effectively be evicted from your home just because someone else wants to buy it, there's absolutely no security and you might as well rent, rather than own property.

Rich investors would love it, because they can go around snapping up more properties that happen to be "undervalued" and make quick money of it, in a way that's simply not possible for normal people. Say someone bought a house for $100k, declare its value as such, and then demand increases in the area and 6 months later the market rate is $110k. A property investor could then rock up and demand to buy it for $100k and immediately flip it for 10% profit and then move on to the next target.

This inevitable consequence is that people would be forced to "value" their house at the maximum they think it might be worth in 12 months time or risk losing their home, or even higher to signal that they really don't want to leave their home, all the while paying more tax than they need to because the actual market price for houses would be lower.

Of course, this might also force the purchase prices for housing to be forced higher, so stopping people getting on the property market.

All in all, it sounds like a terrible system for most people.

Re:Munich court tells Netflix to stop using H.265 video codi... by AdamN on Monday November 13, 2023 @10:39AM (#38251420)
You're right but usually there is a spread for any transaction and so the government could step back in and define a safe spread (something high like 20%) or the crazy (but efficient) option would be to allow the owner to define the spread.

There would be a tax rate on the value and a different tax rate on the spread (possibly zero if the spread is set by the government)

Re:Munich court tells Netflix to stop using H.265 video codi... by thinkharderdev on Monday November 13, 2023 @10:39AM (#38251428)
Yeah, like I said it has obvious practical problems when applied to things like primary residence so I don't think it would actually be a workable system for replacing existing property taxes.
Re:Munich court tells Netflix to stop using H.265 video codi... by _nalply on Monday November 13, 2023 @10:23AM (#38251202)
Offer a loop-hole?

If someone went as far as putting the money in an escrow account to buy out your asset, you could retroactively increase the declared value. This of course has a price: You need to retroactively pay the tax for a few years and a surcharge for the expenses of your buyer.

This could be repeated, similar to an auction.

Re:Munich court tells Netflix to stop using H.265 video codi... by OrvalWintermute on Monday November 13, 2023 @10:30AM (#38251310)
> This sounds terrible for owners and perfect for governments and rich investors.

I live in a blue area where the tax appraisals deviate from the for-sale listings by hundreds of thousands to millions, 4 million is the highest deviation I've seen thus far.

Thought a fairer system would be for appraisals to raise to the highest listing price, or most recently sold price, automatically.

Re:Munich court tells Netflix to stop using H.265 video codi... by freeone3000 on Monday November 13, 2023 @10:43AM (#38251474)
This sounds so obvious that I see no downside. The a very good estimate of the value of a property is the price it last sold for.
Re:Munich court tells Netflix to stop using H.265 video codi... by thinkharderdev on Monday November 13, 2023 @11:06AM (#38251753)
Unless the last sale was 25 years ago
Re:Munich court tells Netflix to stop using H.265 video codi... by freeone3000 on Monday November 13, 2023 @11:15AM (#38251882)
Even so! This is usually closer than the assessor estimate! Assessor estimates are wildly off, mine by nearly $400k, or more than 60% of the total value.
Re:Munich court tells Netflix to stop using H.265 video codi... by thinkharderdev on Monday November 13, 2023 @12:43PM (#38252876)
That is nuts. I wish the assessors in my state were that incompetent :)
Re:Munich court tells Netflix to stop using H.265 video codi... by toast0 on Monday November 13, 2023 @10:56AM (#38251622)
I've looked at property taxes in different states and some states have a system where tax appraisals are roughly based on actual fair market value, possibly with adjustments which may be distorting (Prop 13, for instance), and those will usually take a completed sale price as evidence of fair market value.

Other states have systems where tax appraisal is routinely 10% of fair market value, and there's some justification for that that never made sense to me. Typically the published tax rates are then much higher than in states with fair market value appraisals. Tax rates as a % of actual market value tend to be roughly similar across states though.

Re:Munich court tells Netflix to stop using H.265 video codi... by mschuster91 on Monday November 13, 2023 @10:24AM (#38251217)
Homes where one lives in are usually exempt from a lot of taxes in many jurisdictions of the world.

For rental properties, I'd love to see this happen, it would IMHO significantly drive down prices from the current overvaluation.

Re:Munich court tells Netflix to stop using H.265 video codi... by oatmeal1 on Monday November 13, 2023 @10:48AM (#38251530)
The issues you describe could all be nullified by making a simple change - The price the person can purchase your property for must be X% greater than the fair value you declare. If you set X at 10% then there is no chance for property investors in your example to flip if the price increases by 10% during the year. You could even make X dependent on market conditions - If all the housing market moves up in your area, X is increased for everyone by that amount.

I could see X being quite high. What we really want to avoid is just those situations where someone will not take any price to move, and therefore an entire railroad has to be diverted miles around because the path in one spot is blocked.

Re:Munich court tells Netflix to stop using H.265 video codi... by ReactiveJelly on Monday November 13, 2023 @11:34AM (#38252065)
Isn't that equivalent to setting the tax rate X% lower?

The only problem I see otherwise is that it's not a progressive tax - 5% of a trailer is much more of a poor person's income than 5% of a mansion is of a rich person's. But for that you can use UBI or something to make any flat tax net-progressive.

Re:Munich court tells Netflix to stop using H.265 video codi... by devonbleak on Monday November 13, 2023 @11:01AM (#38251682)
And as the housing market moves 20%+ in a year in some places all you've done is kick the can down the road to figuring out a value of X that is high enough that no forced turnover of property happens so you're not violating the principles of property ownership. But also low enough that there's still a threat of exactly that happening.

Ultimately all this does is accelerate the accumulation of wealth for folks that already have the capital to profit off this system while forcing people out of their property. No thank you.

Re:Munich court tells Netflix to stop using H.265 video codi... by ReactiveJelly on Monday November 13, 2023 @11:34AM (#38252074)
So there might need to be time lag where you can refuse a sale by agreeing to pay extra tax?

Then it's vulnerable to malicious buyers putting in fake bids. There is probably a good reason this hasn't been implemented.

Re:Munich court tells Netflix to stop using H.265 video codi... by hellojesus on Monday November 13, 2023 @12:18PM (#38252599)
It still seems like a bad idea to me. Anyone under the current market can make a bid for an off-market property, but it's not their property. They cannot force an owner to sell. Tbey can only entice them with lucrative offers.

Under the proposal, lucrative offers can still lure buyers into selling, but the security of private property is removed. You have to live under constant threat of a whale, e.g. Blackrock, swooping in and offering marginally above (market + e), forcing you to sell.

But you still need somewhere to live. And now you have (market + e) dollars, but the market just got redefined by Blackrock and you cannot afford to buy your neighbors house because it is now priced at (market2 + e) where market < market2.

Blackrock does this sequentially and can manage to legally steal private property from entire cities, just because they had more starting capital.

Re:Munich court tells Netflix to stop using H.265 video codi... by thinkharderdev on Monday November 13, 2023 @12:42PM (#38252866)
> You have to live under constant threat of a whale, e.g. Blackrock, swooping in and offering marginally above (market + e), forcing you to sell

They can't force you to sell, you have the option of just updating the declared value to the new market price.

But I brought this up initially in the context of patents because I don't think this would actually be a practical or politically palatable way to handle property taxes on owner-occupied housing. But when we're talking about intangible corporate assets like patents most of these problems go away (IMO).

Re:Munich court tells Netflix to stop using H.265 video codi... by hellojesus on Monday November 13, 2023 @01:45PM (#38253600)
> They can't force you to sell, you have the option of just updating the declared value to the new market price.

This isn't implicationless. What if you can't afford the taxes on the newly declared price?

A whale could conceivably force people out by offering a price above their ability to afford the taxes. If they don't sell, they get evicted due to tax nonpayment. If they do sell, they get the money but now need to find a new place to live in an appreciated market. Their autonomy is removed by force.

Re:Munich court tells Netflix to stop using H.265 video codi... by thinkharderdev on Monday November 13, 2023 @02:29PM (#38254174)
To be honest, I wish the authors hadn't framed their idea on property taxes because there are a lot of obvious practical and political issues with doing it. And I don't personally think this would be a good way to do property taxes on owner-occupied housing. I only brought it up originally because I think a lot of issues with it are irrelevant when applied in the domain of intangible economic assets like patents. In that particular domain I think the overriding principle of intellectual property law should be to maximize economic efficiency.
Re:Munich court tells Netflix to stop using H.265 video codi... by thinkharderdev on Monday November 13, 2023 @12:31PM (#38252745)
> Then it's vulnerable to malicious buyers putting in fake bids

TBH that seems like the easiest issue to solve. For instance, to make an unsolicited bid you have to escrow %20 of the price. If the owner chooses to updated the declared value, you get that back. But if they choose to sell and you walk away (or don't actually have the other %80 to complete the sale) then you forfeit that to the owner. Or you can even disincentivize "malicious" offers more by saying that if the owner chooses to update the declared value then you still forfeit the escrowed cash but it goes to offsetting the increased tax bill for the current owner.

Re:Munich court tells Netflix to stop using H.265 video codi... by oatmeal1 on Monday November 13, 2023 @01:35PM (#38253483)
> And as the housing market moves 20%+ in a year in some places all you've done is kick the can down the road to figuring out a value of X

Again, X can move with the market.

Re:Munich court tells Netflix to stop using H.265 video codi... by imtringued on Tuesday November 14, 2023 @02:28AM (#38260146)
>Ultimately all this does is accelerate the accumulation of wealth for folks that already have the capital to profit off

How does it do that? Sure the system causes frequent changes of ownership which are undesired but you are forgetting that the "accumulators" are getting taxed based on how much they accumulated which in the long run slows them down. Yes they can bully you in the short term, which is why this isn't done, but in the long run the house will achieve the optimal tax policy and the abuse potential of housing disappears.

If the government decides to lower taxes on income, then in the long run "accumulators" would be the ones losing out from this.

Re:Munich court tells Netflix to stop using H.265 video codi... by schmorptron on Monday November 13, 2023 @10:51AM (#38251561)
You could modify it so you have to sell it at that price you listed if you decide to sell it at any point. Of course you'd need a system to feature in normal price appreciation but that can all be worked out, like not being able to change the price year-on-year by more than a certain percentage and then being forced to sell at the 3-year low price or smth like that.
Re:Munich court tells Netflix to stop using H.265 video codi... by eganist on Monday November 13, 2023 @10:56AM (#38251613)
Yeah but then you can just underdeclare until you're willing to sell.
Re:Munich court tells Netflix to stop using H.265 video codi... by schmorptron on Monday November 13, 2023 @02:55PM (#38254514)
That's true. You'd slow it down a bit with the limited price increase & lowest-price-in-a-certain-timeframe rule, but you'd need some other remedy to plug that loophole.
Re:Munich court tells Netflix to stop using H.265 video codi... by Detrytus on Monday November 13, 2023 @05:16PM (#38256134)
Ok, so how about this: if you underdeclare your house value as X, and then sell it for a price higher than X, then you have to adjust your property taxes for, say, 3 years back? Of course there should be some leniency, so if you sell for less than 105% of X you could be forgiven and not owe anything. After all, you can't be expected to estimate your house value to a cent.
Re:Munich court tells Netflix to stop using H.265 video codi... by gwd on Monday November 13, 2023 @10:59AM (#38251663)
These "problems" assume that the "tax value" will actually be similar to the "market value". What's the difference between "0.1% on the declared tax value, you have to sell it for the declared tax value" and "0.2% on the declared tax value, you have to sell it for twice the declared tax value"? I'll give you a hint: the numbers come out to be the same.

And there was never any requirement that you put the house on the market for the declared tax value. When you don't want to sell, you make the declared tax value twice (or three times) the market value; when you want to sell, you set it to a bit above the market value, and then put it on the market.

Maybe to make the arguments easier you can encode the second one into law. But the basic math ends up the same.

Re:Munich court tells Netflix to stop using H.265 video codi... by snapplebobapple on Monday November 13, 2023 @11:20AM (#38251938)
The above actually plays into the heart of the first criticism (although the first criticism has some problems).

People more able to effectively play the valuation game will arbitrage the people that aren't, which will concentrate assets as the game is played over time and create more market power abuse, which isn't really what we want as a society in at least a residential property market. From a society perspective, we probably want a property market that makes it easy and affordable for the average person to get enough house to form a family and support offspring in a location that doesn't put undue stress on that family (i.e. through long commutes, unsafe streets, etc). I don't see how this tax system gets us to what we probably want and see lots of ways it gets us toward higher prices, market power abuse by sophisticated operators and all the problems that come along with that.

Re:Munich court tells Netflix to stop using H.265 video codi... by thinkharderdev on Monday November 13, 2023 @11:16AM (#38251889)
The point is that everything is always implicitly on the market at all times. So if you declare your house to be worth $X then you have to accept on offer of $X (or else declare a new, higher value going forward). When you're talking about people's home then obviously this would not be a practical system for many, many reasons. But in other domains it seems like a reasonable idea.
Re:Munich court tells Netflix to stop using H.265 video codi... by gwd on Monday November 13, 2023 @12:01PM (#38252369)
> The point is that everything is always implicitly on the market at all times.

I understand that point; but that's not what GGP said. He explicitly laid out:

1. Government benefiting from "overpricing". But there's no "overpricing" if the tax is set assuming you're going to add a large multiple to the declared value. If the institution setting the pricing assumes that a $100k house is going to be priced at $200k (or $500k), then they can set the tax rate appropriately.

2. Investors performing arbitrage: i.e., someone sets the declared tax value at $100k, market value of house goes up to $110k, investor buys house for $100k and "flips" for a quick 10% profit. But if it's expected that a $100k house is going to be listed for $200k (or $500k), then that problem goes away -- nobody is going to buy a $200k house that hey can only sell for $130k. And nobody's property is going to go up 5x in a single year.

Or alternately, you have people declare it at the market rate of $100k, but then write into law that anyone can sell it for 5x. The math works the same, but people feel less cheated for having to "overvalue" their house. (And people have less sympathy for those who write down a "declared tax value" of $25k on their $100k house.)

What happens if your house goes up 5x in market value, to the point where you either have to sell or can't afford the taxes? Well that already happens, and it's not great, but there's an argument that this is an inefficient allocation of resources. I understand why a 90-yer-old lady wants to live alone in her 4-bedroom family home a few block from downtown, but is that really better for society as a whole?

And if, as a society, we really want to protect that situation, we could always make an exception for a single house that you're currently occupying (as is already done for lots of things -- treating second+ properties different than first properties).

> When you're talking about people's home then obviously this would not be a practical system for many, many reasons

So taking into account the "sell for 5x" factor, other than the "you're forced to sell if you really can't afford it", what makes it not a practical system?

I'm genuinely interested -- this idea has been kicking around my head for some time, and the main thing I like about it is that it makes taxation symmetric. The problem I have with taxation in general is that I recognize that it's necessary, but the way it's normally done, by taxing money moving around (i.e., sales, income, and estate taxes) always seemed kind of arbitrary to me. Since property is depriving society of some potentially shared resource, and taxation is paying society for shared resources, having those be symmetric has a satisfying property to me.

Re:Munich court tells Netflix to stop using H.265 video codi... by thinkharderdev on Monday November 13, 2023 @12:20PM (#38252624)
Maybe practical is the wrong word, but I think it would be politically untenable if applied to houses. And the only way to make it politically tenable would be to add so many exceptions and loopholes that it wouldn't substantially change anything. Like if you just excepted owner-occupied housing you would already have exempted most of the housing stock in the United States. And if you didn't except all the owner-occupied housing, what is the political message exactly? "We want to kick you out of your house or raise your property taxes so property developers can make more money!" Like I get intellectually why that may be desirable but it strikes me as a tough sell to the voting public.
Re:Munich court tells Netflix to stop using H.265 video codi... by gwd on Monday November 13, 2023 @12:30PM (#38252733)
> Like if you just excepted owner-occupied housing you would already have exempted most of the housing stock in the United States.

Because the purpose of this isn't really to get money out of owner-occupied housing, but out of industry; and in particular, as the top-level comment in this thread, to make "intellectual property" more rational. If Sony / Disney want to keep copyrights on those 30-year-old titles, they need to keep paying enough to prevent a team of enthusiasts from getting a big enough Kickstarter to buy them up and make them public domain.

Re:Munich court tells Netflix to stop using H.265 video codi... by thinkharderdev on Monday November 13, 2023 @12:45PM (#38252902)
I think we agree. It would be interesting to see a system like this applied to specific domains like IP and patents.
Re:Munich court tells Netflix to stop using H.265 video codi... by thinkharderdev on Monday November 13, 2023 @11:12AM (#38251848)
> This inevitable consequence is that people would be forced to "value" their house at the maximum they think it might be worth in 12 months time or risk losing their home, or even higher to signal that they really don't want to leave their home, all the while paying more tax than they need to because the actual market price for houses would be lower.

This is mostly a thought experiment so there is not an actual detailed implementation plan by the authors. But my sense was that it's not that you actually have to sell immediately but more like someone can offer to buy at $X and then you either have to sell or $X becomes the new declared value for future tax payments.

Re:Munich court tells Netflix to stop using H.265 video codi... by s1artibartfast on Monday November 13, 2023 @11:40AM (#38252142)
I think it is still fair to point out that it is a thought experiment on how to extract as much value in the form of taxes.

It makes sense only if you see taxes as a positive good, ignore the concept of ownership, and are pretty loose with the human suffering implications.

Re:Munich court tells Netflix to stop using H.265 video codi... by anonymoushn on Monday November 13, 2023 @11:49AM (#38252231)
Maybe it makes sense if you've seen the human suffering implications of prop 13
Re:Munich court tells Netflix to stop using H.265 video codi... by s1artibartfast on Monday November 13, 2023 @11:58AM (#38252333)
Which are what exactly? The state has been setting record surpluses.

Housing is very expensive, but that's due to a failure to build.

Higher property taxes doesn't reduce the cost of ownership or make housing more affordable.

This is like saying we should rise the tax rate on food because people are starving in the street

Re:Munich court tells Netflix to stop using H.265 video codi... by clarifyingN on Monday November 13, 2023 @12:16PM (#38252542)
Nothing shows that great surplus like an exponentially increasing debt.

What a bright boy you are

https://www.statista.com/statistics/187867/public-debt-of-th...

Re:Munich court tells Netflix to stop using H.265 video codi... by kadoban on Monday November 13, 2023 @12:30PM (#38252736)
You could consider being more humble and polite, especially if you're going to be wrong. (Note that they said _state_, your numbers are national).
Re:Munich court tells Netflix to stop using H.265 video codi... by dragonwriter on Monday November 13, 2023 @12:56PM (#38253017)
> Housing is very expensive, but that's due to a failure to build.

The low maximum property tax rate and systematic failure to tax full value created by Prop 13 is a reason for the failure to build.

(Now, actually, I think residential property tax is a horribly regressive tax, and its better to fund government by progressive income taxes, but there needs to be a funding allocation formula that gives local government more of an incentive for development; California has adopted some limits on discretion and consequences for not meeting targets as a stick, but that's not enough to encourage good positive planning.)

Re:Munich court tells Netflix to stop using H.265 video codi... by s1artibartfast on Monday November 13, 2023 @02:01PM (#38253802)
>The low maximum property tax rate and systematic failure to tax full value created by Prop 13 is a reason for the failure to build.

Only by indirect argument. IF homeowners were taxed more, they would be more sensitive to housing costs in general, and perhaps more inclined to expanding the housing stock.

Given that the government is funded, this would simply be a punitive tax incentive to motivate policy.

I don't particularly buy the lack of local government incentive. New development is already taxed at substantially higher rates relative to older stock due to prop 13. If expanding the tax base were a major driver of policy, then we would expect to be building already.

Re:Munich court tells Netflix to stop using H.265 video codi... by imtringued on Tuesday November 14, 2023 @02:23AM (#38260124)
People don't block commercial construction because it raises property values. They block residential construction because it lowers their property values. You get an imbalance of jobs to housing and then people complain about expensive housing.
Re:Munich court tells Netflix to stop using H.265 video codi... by lokar on Monday November 13, 2023 @12:45PM (#38252904)
One issue with prop 13 has been a major shift in (property) tax burden from large commercial to residential owners.

Also, a big shift in overall revenue from property tax to income tax. This is less stable source and tends to benefit the investor class over W2 earners.

Re:Munich court tells Netflix to stop using H.265 video codi... by s1artibartfast on Monday November 13, 2023 @01:14PM (#38253233)
I tend to agree that companies that never die should not have the same protections that homeowners or small businesses do.

My point was rather that props through 13 isn't what's driving the cost of housing up in California. In fact it does the opposite.

If Prop 13 were removed, taxes for new home buyers would go down, enabling even higher costs.

Re:Munich court tells Netflix to stop using H.265 video codi... by jfim on Monday November 13, 2023 @01:57PM (#38253758)
Prop 13 is one factor that's driving the cost of housing up in California.

Vacant lots are taxed based on their purchase price, so there's no real reason to develop them when the land value keeps on rising while the taxes don't. Commercial zoned buildings aren't affected by prop 13, which leads to more revenue for the cities, hence them preferring commercial development to housing.

All that prop 13 does is favor people who bought real estate decades ago, at the detriment of everyone else.

Re:Munich court tells Netflix to stop using H.265 video codi... by s1artibartfast on Monday November 13, 2023 @02:09PM (#38253903)
I am extremely skeptical that the few vacant lots are enough to counterbalance what would essentially be a massive tax break for every new homebuyer.
Re:Munich court tells Netflix to stop using H.265 video codi... by jfim on Monday November 13, 2023 @02:25PM (#38254122)
I'm in favor of everyone paying taxes fairly to get high quality city services, instead of having people with large increases in property value getting an unfair tax subsidy.
Re:Munich court tells Netflix to stop using H.265 video codi... by s1artibartfast on Monday November 13, 2023 @02:50PM (#38254444)
This brings things back to taxation of realized vs unrealized gains. If you want fair Taxes, we should probably do away with property tax entirely, and focus more on income taxes themselves.
Re:Munich court tells Netflix to stop using H.265 video codi... by lokar on Monday November 13, 2023 @03:05PM (#38254664)
The people with the most wealth tend to pay much less (proportionally) in income tax. Most people find this unfair.
Re:Munich court tells Netflix to stop using H.265 video codi... by s1artibartfast on Monday November 13, 2023 @03:43PM (#38255120)
I don't think that is true. The bottom half generally pays zero income tax. The proportional income tax increases continuously. There is no group that makes more and pays less proportionally if you look at the actual data. Here is the percent income paid (after all deductions) for different groups.

You can always argue that the proportion should be even higher, but the proportion of income is certainly not lower

https://www.cato.org/blog/federal-tax-changes-1979

Re:Munich court tells Netflix to stop using H.265 video codi... by jfim on Monday November 13, 2023 @05:08PM (#38256048)
People that are wealthy enough don't really pay income tax.

For example, one loophole during the ZIRP era was that one could get a very low interest rate loan (<1% APR, so effectively lower than inflation) against appreciated securities and use that money tax free. If the wealthy person passes away and gives the appreciated securities to their heirs, their heirs have a step-up cost basis which is the market value at the time of transfer, so no taxes are ever paid on the appreciation of the stock. The heirs could then turn around and settle the loan, tax free, as their cost basis matches the market value.

Re:Munich court tells Netflix to stop using H.265 video codi... by esarbe on Tuesday November 14, 2023 @04:31AM (#38261017)
Warren Buffet famously pays taxes at a lower rate than his secretary.

https://abcnews.go.com/blogs/business/2012/01/warren-buffett...

This is an anecdote but there's no reason to expect that this doesn't apply to his classmates.

So, yes; given all the rebates and loopholes and shenanigans that the rich and mega-rich can use, the proportion of income is lower.

Re:Munich court tells Netflix to stop using H.265 video codi... by imtringued on Tuesday November 14, 2023 @02:18AM (#38260095)
Then you don't know the real estate speculation game. Investors buy vacant plots at the periphery of a city for cheap and just... wait. When it is time to sprawl you have to pay huge sums to them for land that is empty. The tax break that you think is going to the home buyer merely raises the value of this land and the investor is getting the money instead of the local government that managed the city.
Re:Munich court tells Netflix to stop using H.265 video codi... by thinkharderdev on Monday November 13, 2023 @12:04PM (#38252406)
The original thought experiment is not really about extracting maximum tax revenue (the overall level of taxation is pretty orthogonal to how you assess and collect taxes) but more in the spirit of how to promote more efficient allocation of resources in economic terms. Think of it as a Pigouvian tax on inefficiency.
Re:Munich court tells Netflix to stop using H.265 video codi... by s1artibartfast on Monday November 13, 2023 @01:43PM (#38253574)
I think that this is both an incorrect and amoral way of thinking about externalities. Externality costs Must be real incurred costs, not just hypothetical opportunity costs. Otherwise they are useless for economic analysis and lead to repugnant conclusions

IF you drop trash on your neighbor's lawn, that is an externality. If you refuse to mow their lawn, that is not an externality, no matter how much they have to pay someone else.

Efficiency is not an inherent good, and Pigouvian taxes on inefficiency are a huge moral hazard. Is it inefficient for a doctor to play with their children instead of work? Who are the decision makers?

Re:Munich court tells Netflix to stop using H.265 video codi... by thinkharderdev on Monday November 13, 2023 @02:20PM (#38254063)
The comments here have been very focused on the case of implementing some system like this for housing (which to be fair was the example the book used), but as I said in the original comment, I actually don't think this is a workable or desirable system for property taxes on owner-occupied housing for roughly the reasons that you dislike it. Someone's home is not just some financial asset and economic efficiency is not the only important consideration in society.

I brought it up specifically in this context (and article about patent litigation) because I think it is potentially a good idea in some domains (like patent law) where the overriding consideration should legitimately be economic efficiency. I think it is entirely reasonable to design our intellectual property rights around the idea that the person or firm that can derive the most economic value from any piece of IP is the most desirable owner of that IP.

Re:Munich court tells Netflix to stop using H.265 video codi... by s1artibartfast on Monday November 13, 2023 @02:46PM (#38254403)
That's fair. I agree that intellectual property does not have the same foundational justifications as physical property. IP justifications ARE generally based on economic efficiency rationales, and typically cut contrary to physical property rights (e.g. Why cant I produce a copy for sale with material I own, in a factory I own)

I was mostly picking at how you invoked externalities, which is a major pet peeve of mine. I feel that between sloppy economics and utilitarianism, the concept of externalities is invoked anytime anyone doesnt get what they want.

Re:Munich court tells Netflix to stop using H.265 video codi... by AmericanChopper on Monday November 13, 2023 @12:08PM (#38252445)
> I think it is still fair to point out that it is a thought experiment on how to extract as much value in the form of taxes.

I think you’re saying the quiet part out loud. But you’re certainly right that there are many people interested in maximum tax and minimum property rights.

Re:Munich court tells Netflix to stop using H.265 video codi... by ryandrake on Monday November 13, 2023 @01:37PM (#38253505)
That's one (pessimistic) way to look at it. Another way to look at it is it's a thought experiment on how to solve the disconnect between a property owner's asset value for the purpose of sale vs. its value for the purpose of taxes. If you're against the very concept of taxes, then obviously nothing is going to make you happy, and the discussion is pointless.

Today, we have this illogical situation where you can sell your property for $X but when the taxman comes, it's all "oh, but my property is only worth $Y!" It doesn't make sense.

Re:Munich court tells Netflix to stop using H.265 video codi... by s1artibartfast on Monday November 13, 2023 @02:23PM (#38254098)
Why do you think the disconnect is illogical and needs to be solved? Do you know that isn't how it actually works? The taxman tracks the real real appraised value too.

When you pay taxes, there is a disconnect between your total income and adjusted income. Is that similarly illogical?

Re:Munich court tells Netflix to stop using H.265 video codi... by username332211 on Tuesday November 14, 2023 @02:29AM (#38260162)
Is it illogical?

If a Jeff Bezos announces he'd be buying property at irrational prices in your neighborhood just as you are reporting your taxes and then changes his mind afterwards should your tax returns be affected by some oligarch's whims?

The value of anything is nothing more than an opinion. A sale is a temporary agreement of 2 opinions. The "market price" is someone's estimation of prevailing opinion. As the good book says, prevailing opinion can change from "hosanna" to "crucify him" in the span of 2 weeks.

Why shouldn't inland revenue have it's own opinion on prices?

Re:Munich court tells Netflix to stop using H.265 video codi... by freejazz on Monday November 13, 2023 @01:59PM (#38253780)
> and are pretty loose with the human suffering implications

Which is pretty on-point for Posner, who thought that a free market would solve the problem of racism and segregation.

Re:Munich court tells Netflix to stop using H.265 video codi... by politician on Monday November 13, 2023 @11:38AM (#38252118)
Extortion is a risk in this modified implementation. "Is that a $1 house? I'll buy it for $100. No? Enjoy your tax bill. If you want the bill to go away, sell it to me for $0.50."

If I had to propose a mechanism, I'd suggest using prediction markets instead.

Re:Munich court tells Netflix to stop using H.265 video codi... by s1artibartfast on Monday November 13, 2023 @11:41AM (#38252156)
Yeah, it sounds like an optimal whipping algorithm for maximizing slave labor.
Re:Munich court tells Netflix to stop using H.265 video codi... by thinkharderdev on Monday November 13, 2023 @11:48AM (#38252225)
But for that to work you have to actually be willing to buy at $100. So you can come along and try and buy my house for 2x the market rate, but then I can just sell it to you and you're screwed.

Of course in the real world there would need to be some way to prevent "predatory" offers (where the "buyer" can't or won't actually close the deal if you accept the offer) but that seems solvable to me. You may have to put down a non-refundable deposit or escrow the sale price, etc.

Re:Munich court tells Netflix to stop using H.265 video codi... by politician on Monday November 13, 2023 @12:23PM (#38252667)
If the solution requires the full payment to be in escrow before the seller is even aware of this particular unsolicited buyout order, it will become difficult for lenders to provide mortgages since they will have no guarantee that the seller isn't already in a negotiation with another buyer.

So it might be better to establish a prediction market for any such asset that settles on the owner of the asset on, say, a quarterly basis. Instead of predicting the value of the asset, it predicts the owner of the asset at a particular price level. Instead of presenting the current owner with a bid directly, ownership transfers and tax payments would be handled exclusively through the market platform.

...

That said, this is all getting pretty complex.

Re:Munich court tells Netflix to stop using H.265 video codi... by chexum on Monday November 13, 2023 @05:58PM (#38256536)
I think the pathological cases should be made impossible before anything like that is considered for a world with humans.

Y’all underestimate the number of people with enough money to screw someone (or everyone) over just because they can.

Like when someone made a phoney valuation for a web site at $44B.

Re:Munich court tells Netflix to stop using H.265 video codi... by brewdad on Monday November 13, 2023 @08:37PM (#38257832)
But, in that case, the owners did walk away with $44 billion.
Re:Munich court tells Netflix to stop using H.265 video codi... by FireBeyond on Monday November 13, 2023 @02:28PM (#38254160)
> But my sense was that it's not that you actually have to sell immediately but more like someone can offer to buy at $X and then you either have to sell or $X becomes the new declared value for future tax payments.

That can easily be maliciously abused too, using it to drive someone's taxes up until they're forced to sell.

Re:Munich court tells Netflix to stop using H.265 video codi... by crotchfire on Monday November 13, 2023 @12:26PM (#38252694)
It's a terrible idea for houses because your house has high (and asymmetric!) transaction costs. Moving is painful.

But patents are intangibles. They have no transaction cost.

This might work for intangibles.

Re:Munich court tells Netflix to stop using H.265 video codi... by minkzilla on Monday November 13, 2023 @02:30PM (#38254187)
It also completely ignores the personal aspect of value. If I lived next door to my sister that is value for me since she can watch the kids if I need to run out for something but she won't do that for anyone else. Likewise sentimental value, a 4th generation home can influence people's price a lot.
Re:Munich court tells Netflix to stop using H.265 video codi... by fiedzia on Monday November 13, 2023 @06:34PM (#38256827)
I know of two use cases for this system:

1. There are races of cheap cars in UK, the prices of cars are kept low because everyone has to declare car value and anyone can buy it at said price (this is intended to keep the prices low).

2. I do not remember where I read about it, but some medieval town near the river used this system for collecting taxes, any passing ship would be taxed on declared value, but tax collector had the right to buy cargo for declared price.

Re:Munich court tells Netflix to stop using H.265 video codi... by em500 on Monday November 13, 2023 @09:57AM (#38250850)
> One of the ideas was a system of property tax system in which you pay property tax based on a property value which you get to declare (rather than some assessment by a third-party or government agency). The catch is that you are required to sell to anyone who offers your declared value.

A refinement would be that the government agency / tax office also needs to submit an appraisal value, with the catch that they are required to purchase the property for that value if the owner wishes to sell. This balances incentives on all sides to submit realistic values. The final appraisal value would then be the average of the owner and the government appraisal value.

Re:Munich court tells Netflix to stop using H.265 video codi... by i_am_jl on Monday November 13, 2023 @09:53AM (#38250795)
>One of the ideas was a system of property tax system in which you pay property tax based on a property value which you get to declare (rather than some assessment by a third-party or government agency). The catch is that you are required to sell to anyone who offers your declared value.

Reminds me of Folkrace, a Scandinavian form of motorsport where they use a similar system to enforce cost caps.

https://en.wikipedia.org/wiki/Folkrace

Re:Munich court tells Netflix to stop using H.265 video codi... by m-ee on Monday November 13, 2023 @11:04AM (#38251731)
24 hours of lemons has a similar rule. As far as I know the race organizers have only ever taken the option to purchase a car once. A friend of mine raced lemons for years and said the biggest offenders were people who put way too much money into fox body mustangs, but it was a non issue since those guys inevitably crashed before the race is over.
Re:Munich court tells Netflix to stop using H.265 video codi... by cassianoleal on Monday November 13, 2023 @11:59AM (#38252342)
> A friend of mine raced lemons for years

I'm sure this is a typo and you meant Le Mans but please leave it as it is. :D

Re:Munich court tells Netflix to stop using H.265 video codi... by jdietrich on Monday November 13, 2023 @12:07PM (#38252440)
No, there really is a race called the 24 Hours of Lemons. It's an endurance race for cars that cost less than $500 and it is hilarious.

https://24hoursoflemons.com/

Re:Munich court tells Netflix to stop using H.265 video codi... by cassianoleal on Monday November 13, 2023 @12:28PM (#38252709)
Aaaaah! Thanks for that. Yep, that's even better! :D
Re:Munich court tells Netflix to stop using H.265 video codi... by freedomben on Monday November 13, 2023 @09:49AM (#38250729)
Much like property taxes, this can easily result in forcing the holder to sell due to insufficiently liquid assets to pay the tax with. The classic example is the poor person who inherits a nice house but can't pay the inheritance tax (and/or subsequent propery taxes), and is thus forced to sell the house in order to pay the taxman. If you dismiss any sentimental value, then it doesn't really matter, but real life is a lot messier than that.
Re:Munich court tells Netflix to stop using H.265 video codi... by nayuki on Monday November 13, 2023 @11:02AM (#38251708)
> poor person who inherits a nice house but can't pay the inheritance tax

I don't see the problem. Sell the house, use the remaining cash to buy a smaller house. The whole point of the inheritance tax is that you're not entitled to the whole amount of the inheritance.

Re:Munich court tells Netflix to stop using H.265 video codi... by thinkharderdev on Monday November 13, 2023 @11:05AM (#38251736)
> If you dismiss any sentimental value, then it doesn't really matter, but real life is a lot messier than that.

I agree and in cases where sentimental value is a real concern I think there are obvious problems with this sort of system. But I also think there are a lot of domains where this isn't really a concern such as patents.

> The classic example is the poor person who inherits a nice house but can't pay the inheritance tax (and/or subsequent propery taxes), and is thus forced to sell the house in order to pay the taxman.

This is an entirely separate issue but this also seems entirely solvable in our current system of inheritance tax. You should just inherit the original cost basis along with the asset. So if you don't want to sell your inherited house you don't have to. But if you do then your taxes should be paid based on the original cost basis.

Re:Munich court tells Netflix to stop using H.265 video codi... by quelltext on Monday November 13, 2023 @12:22PM (#38252650)
That cost basis inheritance thing is done in Japan actually, on top of inheritance tax, mind you.
Re:Munich court tells Netflix to stop using H.265 video codi... by pgwhalen on Monday November 13, 2023 @11:48AM (#38252218)
> If you dismiss any sentimental value, then it doesn't really matter, but real life is a lot messier than that.

Definitely true, but on the other hand, "sentimental value" seems to be the root cause of most societal housing problems. I don't want to speak with certainty, but I do wonder if society would achieve overall better outcomes if we shifted our mindset a bit.

Re:Munich court tells Netflix to stop using H.265 video codi... by Jeff_Brown on Monday November 13, 2023 @10:33AM (#38251356)
That seems bad, because you should hold an investment if and only if it is profitable. If anyone can take your investment from you as soon as they see it is profitable, you'll have no reason to invest.
Re:Munich court tells Netflix to stop using H.265 video codi... by thinkharderdev on Monday November 13, 2023 @10:59AM (#38251660)
They can't take it from you because you can declare a higher value. You would have to pay more in taxes on it, but it should still be profitable. The whole point though (according the authors) was that if it were MORE profitable to someone else (because they had complimentary assets or some ability to use it in way that you can't) then it is better for that person to buy it and create more value from it. To take a completely contrived and unrealistic example, imagine that you owned a piece of land with some rare plant that can be turned into a cancer cure. This plant ONLY exists on your land. Obviously this land is extremely valuable to someone who can actually bring the cancer drug to market. You can of course refuse to sell the land (it is your land to do with as you want) but it seems sub-optimal for society for you to do so. Under this system you would either have to pay a really high tax or actually sell the land to someone who can make the cancer drug
Re:Munich court tells Netflix to stop using H.265 video codi... by Jeff_Brown on Monday November 13, 2023 @04:57PM (#38255937)
You may have convinced me. I was going to respond, "What's to keep the price from rising until I am indifferent between having it and not having it?" But now I realize that would be fine -- I'm not made any worse off.

That's a very weird idea but maybe it would work.

Re:Munich court tells Netflix to stop using H.265 video codi... by Nitrolo on Monday November 13, 2023 @09:51AM (#38250777)
That's already how this works, basically. You have to keep paying a fee to keep your patent, and the fees increase with each year of the patent.

The fees are fixed, but the effect is pretty similar to what you describe.

In some jurisdictions you get a discount on the fees if you declare that you are open to licence out your patent. Then everyone can use your invention without having to ask for permission,as long as they pay the license fee.

EDIT: I looked it up, in Germany (§ 23 PatG) the patent office can set the licence fees that others have to pay, so you can't play games by just setting the fee to a trillion euros.

Re:Munich court tells Netflix to stop using H.265 video codi... by qwytw on Monday November 13, 2023 @10:01AM (#38250927)
> effect is pretty similar to what you describe.

The max yearly fee is $7,400? It can be a lot or absolutely nothing depending on a specific patent.

> In some jurisdictions you get a discount on the fees if you declare that you are open to license out your patent.

Would it really ever be worth the effort just to save a few thousand per year at most?

3,700 if you're a non profit or < 500 employees.

Re:Munich court tells Netflix to stop using H.265 video codi... by thinkharderdev on Monday November 13, 2023 @11:19AM (#38251934)
The difference would be that the fee you have to pay is scaled to the value someone else can get from the patent. So if you have a patent which is not valuable to you but is valuable to someone else, then you either have to sell the patent to them or pay a tax based on what value they could get from it.
Re:Munich court tells Netflix to stop using H.265 video codi... by pgeorgi on Monday November 13, 2023 @05:31PM (#38256279)
§23 PatG covers the case where the patent owner wants to use a general public licensing scheme offered by the patent office to avoid having to deal with every single licensee. That one is opt-in by the patent owner.

§24 PatG offers a compulsory licensing scheme, but it requires not only that the would-be licensee made an effort to find an agreement with the licensor, but also that such a compulsory license is in the public interest.

Since the public interest doesn't seem well-defined in PatG, you'd have to check older cases to see how that turns out, but I'm not sure if even "doing so reduces bandwidth use on the internet" is enough: you still have the option of using another codec and compensate the worse compression by going for lower resolution video, for example. 4K video is not a human right ;-)

(and "we hog internet resources" is the last thing Netflix et al want to say out loud anyway: ISPs are eager enough as-is to try to get them to pay up for access to their customers.)

Re:Munich court tells Netflix to stop using H.265 video codi... by djfdat on Monday November 13, 2023 @09:51AM (#38250780)
Wouldn't this further entrench the patent problem? Companies with a lot of money would be the only ones able to fend off patent trolls. Patent trolls will be more easily able to aquire patents through a regulated system, and likely for cheaper, since people may list them low just for "holding" since they can't afford to list them high and pay the patent tax.
Re:Munich court tells Netflix to stop using H.265 video codi... by jurynulifcation on Monday November 13, 2023 @09:47AM (#38250708)
I don't see how it would destroy patent trolls. If anything it would just give them more runway, wouldn't it? They declare a high price they're happy to walk with and then continue trolling people with their patent. Corporations will pay the tax to maintain their patent and occasionally engage in minor amounts of corporate raiding against each other by "stealing" patents back and forth they otherwise maintain in perpetuity. Also, what if I build a business on my patent and someone purchases it away? Does the business go, too? Do I get a license? So on and so forth. This seems like an almost guaranteed worse system than we have already.
Re:Munich court tells Netflix to stop using H.265 video codi... by cgio on Monday November 13, 2023 @09:53AM (#38250794)
I am assuming the GP also implies taxation on the value claimed for the patent. Tangentially, I would also love the equivalent option the other way around, I.e. in property taxation, where the government decides the value of the property, to also be obliged to buy the property at that price if so asked by the owner, an option contract of sorts.
Re:Munich court tells Netflix to stop using H.265 video codi... by thinkharderdev on Monday November 13, 2023 @10:45AM (#38251495)
Maybe, like any system it almost certainly looks better on paper than in practice and I haven't thought about it too hard. Mostly I thought it was an interesting idea.

> They declare a high price they're happy to walk with and then continue trolling people with their patent

They can if they want but by declaring a high price they are also then obligated to pay a lot of taxes. So the system disincentivizes both under and over estimating the value of patents. It also incentivizes property going to the highest value use. So if I can do something more valuable with your patent than you are able to do (for whatever reason) I can afford to pay for it more than you can afford to pay the tax.

Re:Munich court tells Netflix to stop using H.265 video codi... by thaumasiotes on Monday November 13, 2023 @10:07AM (#38250999)
> One of the ideas was a system of property tax system in which you pay property tax based on a property value which you get to declare (rather than some assessment by a third-party or government agency). The catch is that you are required to sell to anyone who offers your declared value. So a bit like a land value tax but fully general (can be applied to anything) and also sidestepping the issue of how to actually determine the the "value" in land value.

The other thing you can say about that is that it's guaranteed to assess property at values that are too high. You buy things when their market price is less than the amount you'd be willing to sell them for. This is a scheme to simultaneously tax the market value of the property and the gains from trade that made someone willing to buy it at all.

Re:Munich court tells Netflix to stop using H.265 video codi... by thinkharderdev on Monday November 13, 2023 @10:50AM (#38251553)
> The other thing you can say about that is that it's guaranteed to assess property at values that are too high

How so? It seems like it would lead people to asses things at the "correct" value (eg the value at which you would actually sell the asset). So if you buy an asset for less than it is worth to you then you still have a valuable asset, you just need to pay a tax on that asset. Where this would obviously break down is with personal property that has some sentimental value. It would be unjust for people to either have to sell a treasured family heirloom or else pay an exorbitant tax to avoid selling it, but if restricted to domains where that is not a consideration (like patents or other corporate assets) it seems like a good system to me.

Re:Munich court tells Netflix to stop using H.265 video codi... by DSMan195276 on Monday November 13, 2023 @11:29AM (#38252017)
> It seems like it would lead people to asses things at the "correct" value (eg the value at which you would actually sell the asset).

The price you would be willing to sell at is not the same thing as the value of the property. I might only be willing to sell my house for $500k, but that's not the value of my house because there are no buyers at that price. The value is supposed to represent the price at which you could actually find a buyer for, so any listed valuations that people _aren't_ buying the property for are too high.

Re:Munich court tells Netflix to stop using H.265 video codi... by thinkharderdev on Monday November 13, 2023 @11:43AM (#38252174)
You don't necessarily declare the value at what you are actually willing to sell at. It's more like you declare it at the minimum value that nobody else is willing to buy at. If anything like this were actually implemented (which seems wildly unlikely for many, many reasons) the owner would have the option to update the declared value if they don't actually want to sell at the previous declared value.

So say you wouldn't sell your house for less than 500k but similar houses in your area are only selling for 350k. You would probably declare the value at $350k to minimize your taxes. If someone comes along and offers you $400k then you can either:

1. Sell to them, which you won't because 400 < 500

2. Update the declared value to 400k (and payer a higher tax)

Re:Munich court tells Netflix to stop using H.265 video codi... by DSMan195276 on Monday November 13, 2023 @12:55PM (#38253003)
Isn't that changing the rules? The whole point of the idea is that you're required to sell it for the listed price, there's risk involved in trying to reduce the value to lower your taxes. If you're allowed to update the price higher whenever you receive a buy offer that defeats the whole point, you can freely list the property as low as possible for tax purposes with no actual risk of having to sell it at that price.

It might additionally have the opposite effect of _discouraging_ anybody from attempting to buy your home at the low price, because they'll know it will likely be a waste of their time and you'll just update the number (and then lower it again at some point in the future). In that way it may have the opposite effect of making declared valuations significantly lower than they should be because everybody knows they're fake.

> You would probably declare the value at $350k to minimize your taxes.

Why wouldn't I just declare it to be $1? Everybody would know that's not a serious valuation, so in the best case they don't bother making any offers and I pay zero taxes. In the worst case I receive an offer and simply update the value to be slightly higher than that, which presumably would be close to the valuation an assessment would determine anyway.

Re:Munich court tells Netflix to stop using H.265 video codi... by thinkharderdev on Monday November 13, 2023 @02:05PM (#38253856)
> Why wouldn't I just declare it to be $1

You can but them someone will immediately offer to buy it and you would have to raise the declared value until they stopped trying to buy it (ie to the actual market value). Presumably you would also not be allowed to just immediately lower the declared value again after. Or maybe buyers can make "standing" offers that are valid for 1 year so you can't change the declared value while there is an outstanding offer for more than that.

> The whole point of the idea is that you're required to sell it for the listed price

I would phrase it differently. The point is create conditions such that the equilibrium declared value is aligned with the market value. And more generally, to try and ensure assets are allocated to their highest value uses.

However, I actually don't think this is a workable system for owner-occupied housing for all sorts of practical and political reasons. I brought it up in the context of patents because I think it does make sense for intangible, yet hard to value corporate assets like patents. Ideally you want patents and other IP to be owned by whoever can get the most value out of them.

Re:Munich court tells Netflix to stop using H.265 video codi... by DSMan195276 on Monday November 13, 2023 @02:48PM (#38254424)
> You can but them someone will immediately offer to buy it and you would have to raise the declared value until they stopped trying to buy it (ie to the actual market value).

Will they? Making actual offers isn't a free process, if they know I'm not serious about selling and will obviously just bump the price instead, then setting such a low price can deter them from attempting to buy it at all. Effectively it just becomes the "I'm not selling" signal and encourages them to not waste their time. It's also not like they care about the number I'm listing since it's not a price they'll get to pay anyway, they obviously know that if they offer $1 they're going to be turned down.

Additionally, like I mentioned the worst thing that happens is I have to bump the price up when I get an offer, there's still no real disadvantage to putting down $1 as the price. There's no incentive for me to put down a real assessment of value because there's always the chance nobody will try to buy it anyway, and if I get lucky then I don't pay any tax.

> The point is create conditions such that the equilibrium declared value is aligned with the market value. And more generally, to try and ensure assets are allocated to their highest value uses.

Sure, I'm saying your system doesn't work if there's no risk of your thing being bought for the price you declare.

> you would have to raise the declared value until they stopped trying to buy it (ie to the actual market value)

Going back to the original point, that's not market value, that's above market value.

Re:Munich court tells Netflix to stop using H.265 video codi... by freejazz on Monday November 13, 2023 @10:06AM (#38250988)
What makes you think patent holders don't want to license? Patents are already a significant financial investment. Also, patents are already financialized. I was litigating against a patent-holding defendant that used their IP holdings as collateral for a large bank loan. Patent trolls would much rather license their technology than litigate it, it's the big companies that refuse to license.
Re:Munich court tells Netflix to stop using H.265 video codi... by falserum on Monday November 13, 2023 @12:08PM (#38252454)
Idea is very interesting and thought provoking way to get better appraisals, but it gives too much power to the single buyer over the owner. (E.g. One could force a competitor to incur either additional tax or cost of forced relocation)
Re:Munich court tells Netflix to stop using H.265 video codi... by takinola on Monday November 13, 2023 @12:45PM (#38252903)
The patent troll problem can be solved industry-wide with the formation of a patent-troll legal defense fund. A bunch of companies put money into a fund. If any company (not just the contributors) is sued by a troll, they can apply to the fund to pay for legal assistance (applicable controls can include approval, fund limits, etc).

If trolls see that companies are more likely to stand and fight, the cost of trolling goes up and the rewards become much less predictable. Hence, trolls will lose their ability to raise funding to purchase patents and have less troll-surface-area to act upon. This will lead to a vicious (virtuous?) cycle for the troll industry.

Re:Munich court tells Netflix to stop using H.265 video codi... by candiodari on Monday November 13, 2023 @02:19PM (#38254044)
The patent troll problem IS solved by a patent-troll legal defense fund. This is exactly what the function of patent examiners is. They are supposed to try to invalidate patents before they have any chance to be applied in court.

Of course, it's a government operation.

Re:Munich court tells Netflix to stop using H.265 video codi... by acheong08 on Monday November 13, 2023 @02:00PM (#38253794)
Forcing the sale of property would be terrible for the poor
Re:Munich court tells Netflix to stop using H.265 video codi... by FireBeyond on Monday November 13, 2023 @02:31PM (#38254207)
On a much smaller level, some car races/events (the Gambler 500 - or offshoots, rather, the Gambler doesn't enforce) use a similar model for fairness.

One of the competition rules is that you're only allowed to spend $500 on the vehicle. The way it is enforced is that you surrender a pink slip with your entry, and at the end of the event if someone else wants your vehicle for $500+, they can buy it.

Re:Munich court tells Netflix to stop using H.265 video codi... by mensetmanusman on Monday November 13, 2023 @03:24PM (#38254893)
IP arbitrage would be really interesting then, as you could find applications of someone’s IP that they don’t even realize yet.

Would love to test out the concept :)