Showing posts with label Islamic finance. Show all posts
Showing posts with label Islamic finance. Show all posts

Tuesday, October 4, 2016

Is K-Mart Rent-to-Own Halal?


KMart and its parent Sears is cutting into the definitely usurious practices of those rent-to-own companies with a program that might just be halal.  Before we get into that, they are targeting the same customers, people, whose credit is bad, who want things they do not need.  So although the KMart plan may be halal, it doesn't mean it is right.  On the other hand, for someone who is busted due to no fault of his own may find a halal method of buying tools to start a ditch-digging business or to replace a income-generating computer just ruined by a spilt pot of tea, the deal may be creative and unitive.

The KMart program looks pretty bad given the press reports of how under the program a $300 TV ends up costing $415 at the end of the 18 month term.  Here is an example in the article:
In an example provided by Sears, customers could buy a $400 item or group of items by making 10 biweekly payments over five months of $33, then decide whether to keep making payments, return the merchandise, or spend $220 to buy out the lease for a final cost of $553. That would be the equivalent of a 114 percent annual rate, according to Mierzwinski.
Here are some typical if rather liberal rules among the scholars of Islamic finance:
Murabahah: In this type of transaction, the bank purchases the property and then re-sells it to the buyer at a fixed profit. The property is registered in the buyer's name from the beginning, and the buyer makes installment payments to the bank. All costs are fixed at the time of the contract, with the agreement of both parties, so no late payment penalties are permitted. Banks usually ask for strict collateral or a high down payment in order to protect against default. 
Ijarah: This type of transaction is similar to real estate leasing or rent-to-own contracts. The bank purchases the property and retains ownership, while the buyer makes installment payments. When payments are complete, the buyer gains 100% ownership of the property.
Those two options seem pretty straightforward, but the devil is in the details.  Did the buyer get the very best deal on the property?  Are the payments above market rent?  Is usury just built into the deal under another name?  As one Moslem remarked, often these deals are "pork labelled beef."

The KMart offer as it stands is not halal, so it is contrary to Christian rules as well.  They have two contracts regarding one event, and ownership does not truly pass.

Why the KMart deal above might be made halal if it were more clearly worded.  Note that KMart considers it a sale, but one has the right to return it.  If you can return it, then you never owned it, you were renting it.  So why does KMart not just call the first part a rental for a 5 month term?  That would be contract one.  One may extend the rental just like any other rental.

At the end of the five month rental, KMart may offer a new and separate contract: would you like to buy what you are renting for $220?  Since the option currently is yes or no without recourse, then just make that a second separate contract.  So far, still halal.  The offer is two separate contracts, with the same options.  Also, the costs are based on the very best price the companies otherwise offer. So far so good.

If the rental price is well above market, then it is not halal.  But what is the market for an assortment of tools or the rental of a computer?  Should KMart discover an unknown market for rentals of a popular item, competitors are free to step in and compete to the benefit of the renters.

The second contract is to buy the goods at a residual price, which is probably higher than the market price, but it is in any event a voluntary transaction.  On a $300 TV there is no market, for used TVs at any price.  Even GoodWill will not take them, and you have to pay to recycle them in most places.  So that item is not a good example.  A man who has built up a good ditch digging business with the tools on rental may very well be willing to pay the price since he is used to those particular tools.  In any event, he is free to go buy other used tools elsewhere.

And the same thing with the computer.  A used $500 computer may very well has a resale value of $50 after 5 months, but that computer may be priceless to he who created his tools of the trade and put them on that machine.  Of course he can send the computer back and buy a used $50 machine, but who knows, the point is in both instances, the prospective buyer is not obliged, therefore it is fair.

It seems to me the KMart deal is as a practical matter halal, although as described it is haraam, quite the reverse to normal problems.  Since it seems the one contract can be divided into two separate unrelated contracts, each usury free, then it should be no problem to make this deal halal.

If KMart declines, this opens up an opportunity for entrepreneurs to get into the business.

I invite criticism of my reading of the deal.

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Thursday, October 29, 2015

Mish Gets Bitcoin Wrong

No one has the whole picture, and one reason economics is so mystifying is definitions are erroneous often.  People have been trying to define Bitcoin, and the article is interesting for its report on whimsy, but here he goes off the rails:
The key point is number two: "Money is a commodity. It differs from other commodities in being demanded mainly as a medium of exchange." 

Bitcoin is clearly a commodity whose primary purpose is a medium of exchange.
Not at all.  Bitcoin is simply a tally.  Anyone who is promoting action based on any other definition is a scam artist.

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Tuesday, August 11, 2015

Junk Writing on Usury

From a popular book:
Finally, Leo signed a papal bull that said: “Usury means nothing else than gain or profit drawn from such a thing that is by its nature sterile, a profit that is acquired without labor, cost or risk.” (p. 93) With the stroke of a pen Leo made lending money lawful in the eyes of the church since every loan involved either labor, cost, or risk, sometimes all three. “As long as a loan passed that easy test, the lender was off the hook. Fugger's lobbying had paid off in spectacular fashion. He and others were now free to charge borrowers and pay depositors interest with the full blessing of the church. Leo's decree, issued in conjunction with the Fifth Lateran Council, was a breakthrough for capitalism. Debt financing accelerated. The modern economy was under way.” 
No he didn't.  Just not so... if you'd like read a Pope as recently as 2009 on this:
Furthermore, the experience of micro-finance,which has its roots in the thinking and activity of the civil humanists — I am thinking especially of the birth of pawnbroking — should be strengthened and fine-tuned. This is all the more necessary in these days when financial difficulties can become severe for many of the more vulnerable sectors of the population, who should be protected from the risk of usury and from despair. The weakest members of society should be helped to defend themselves against usury, just as poor peoples should be helped to derive real benefit from micro-credit, in order to discourage the exploitation that is possible in these two areas. Since rich countries are also experiencing new forms of poverty, micro-finance can give practical assistance by launching new initiatives and opening up new sectors for the benefit of the weaker elements in society, even at a time of general economic downturn.
Now, microfinance is booming, without usury.  Expressly without usury.  How anyone can claim today usury is accepted by the church is being simply mendacious.

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Saturday, April 25, 2015

The Origins of Money: Labor Extending Credit

Yesterday I left out one huge pool of usury-free credit extended: payroll.  Back in the day people were often paid monthly, because they settled up their tabs around town monthly.  But whether you are paid bi weekly, weekly or end of the day for that matter, an employee extends his employer credit (pay owed) for the length of the pay period.

So when I said
So woodsmen fell oak trees, who sell to saw mills that create staves, which are sold to coopers who make barrels, and in turn are sold to breweries who fill them with water, barley and hops, who in turn sell them to pubs.  Every step of the way each level gave the next time to pay, extended credit at no interest.  At the end of the day the woodsman, miller, cooper and brewmaster gather at the pub and have a beer.  At the end of the month they pay their tab, and the real bills are successively extinguished all the way back.  Mostly credit in this system, the free market.
Who went first?  Who extended credit?  The workers in pre-history, as agriculture spread, the workers agreed to share produce with a guitar player to play and sing as the others worked.  Artists are the only people who create something of value which does not require extinguishing something before or after. This practice of supporting artists to make life better introduced the concept of credit, and from there it advanced division of labor, innovation, specialization, and an economy. 
Add in the "float" of all those employees and contractors nationwide, adding daily the money due them for work, for however many days of the pay period, as credit extended to the employers, the businesses.

Along with the artists, those extending credit as laborers who actually produce goods and services go the whole economic system kick-started.

Prediction: pay period begin to elongate as people realize the longer they wait for their money the harder the currency in which they are paid.

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Sunday, March 22, 2015

Islam On Usury

Comes a professor of Islamic finance, Prof. Saiful Azhar Rosly, who is writes English quite well, and sounds orthodox, so to speak.

There is a geography of Islamic finance, where the principles seem more or less met.

For my part, I believe a no-usury regime would advance, peace, economic justice and prosperity, and I believe the lack thereof is due to (interest) usury in our economy.

It appears in Islam one gains guidance from qualified religious leaders, although there are various schools of thought, so in effect one can be a good Muslim yet hold directly contradictory views on a topic.  Having said that, to act contrary to Islamic teaching, to be so judged, can have very severe consequences I am told.  As in Christianity, Islam has many schools, and the good professors notes three major schools on the question of riba (usury):
1) The Jabarite school of theology:: They say that man’s actions are determined and predestined by God. Man has no will of his own. He could do nothing on his own choice. Jabarites thinking is also called determinism. Good and evil are all God’s own making.. Believing in the jabarites doctrine will make an individual docile and living without hope of improving his life as everything has been decreed by God. In this manner, the jabarites are also known as the fatalist The Mutazilites protested against this belief by saying that God has given man complete power over his actions as he is free to act any way he liked. It was this freedom of choice between good and evil that man responsible for his deeds. They also say that is man’s actions were predestined, why should God exhort man in the Quran to acquire virtue. Thus determinism of man’s action is not line with the Quranic teaching.
2) The Mu’tazilites school of theology: they are guided by reason and says that man has absolute freedom of will. Man has the power to build his own character, whether to lead a virtuous or vicious life. They maintained that human reason was competent to know the verities of the universe and was completely free to go searching after the Truth. They applied reason to all truths contained in the Quran and explained away those passages that they did not find conforming to reason. They even speculate about the duty of a believer in that if he is incapable of knowing truth by reason, they would be doomed to the hell fire.
2) The ‘Asharite shool of theology: ‘Asharism is a movement that ran counter the ideas of Mu’tazilism. It aims at compromising between reason and revelation. It wants to reconcile the dictates of reason with the dogma of faith. The ‘Asharites gave authority to God and advocates the view of predestination and predetermination of man’s past activities. Man has no freedom of will, no liberty of action but has been given the power of acquisition
In Christianity, the rules are actually quite clear, and people with impunity reject them.  There is zero consequence (on earth anyway.)  100% of Catholics know that to miss Mass on Sunday is a mortal sin.  But some 70% regularly do so.  Probably some 60% of Catholics know artificial birth control is a mortal sin, but some 80% reject the teaching.  No consequences noticeable.  Maybe only 1/100th of 1% of Catholics know involvement in interest is a mortal sin.  Would it matter if 90% knew?

I mean only to compare and contrast, and note with regret in either system, it seems, the result of largely  escaped rules is somewhat equal.  People are people.

The regret then is where is the proof we who advocate Shariah and Catholic teaching compliance on usury, that is to be usury-free, is better?  We only have individual witness, not a valid and reliable scientific basis from which to proceed.  But then, perhaps that is by design, usury-free is a benefit limited to those who submit to the Will of God.

Along these lines, this professor also notes:
Surah al-Baqarah 275 says that, "Allah has allowed al-bay and prohibits riba". The question now is to whom this verse pointed at?The answer lies in the verse preceding the above according to which the disbelievers (i.e. musyrikun) says, " that al-bay is the same as riba".
This is a rebuke to possibly Moslem, but surely Christian, contemporary advocates who claim "we now know things the ancients, the Prophet, and the scholastics did not know.  The modern project is to claim  that turning a profit on a loan is no different than turning a profit on a business deal, for a loan is a business deal.  The Prophet Mohammed spurns the question fourteen hundred years ago.  That should have put an end to it, but it keeps popping up.  The Professor elucidates:
Apparently, the Quran is putting one point very straight to themusyrikun. If you have money and intends to earn from the money, do it by way of trading (al-bay') and not by making loans and charging riba on them.
The rich merchants of Mekkah (i.e the musyrikun) who relentlessly stood against the teaching of Prophet Muhammad (saw) usually make money from loans (qard) in two ways:1) making loans to the poor sorely for their consumption needs2) making loans to traders as capital
Exactly the idea in "modern economics" things are different now, and the ancients and Medievals were simply ignorant is risible.

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Wednesday, March 18, 2015

You Need Export Customers for Food?

You will learn how to find customers for any food or beverage anywhere in the world in this live one day intensive seminar held April 27 at UCBerkeley Extension in San Francisco.  Whether you are working as a food producer, or as an agent representative, find out how to make an export sale no more difficult and just as profitable as a domestic sale.

Food is USA’s #1 export growth market, and the studies show start-ups gain the lion’s share, if they follow rules we lay out in this class.

In this class you’ll learn the tool, tactics and attitude to immediately get orders, and if not, get information you can act on so you do.  You develop trade data intelligence which only you will have. We go straight at the customer. 

You learn to become expert in the international trade of your product, without having to become expert in international trade.  Product selection, compliance, logistics, finance, and even web presence is covered in this one day seminar highly rated for content, pace and humor.    You will build this at your own pace, to whatever level you want, and certainly working out of your home to start.


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NB:

This course carries CEUs and is eligible as an elective in the UCBerkeley Extension Entrepreneurship certificate. Contact the program office at 510-642-4231 or extension-business@berkeley.edu for more information.

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Saturday, October 18, 2014

Ex Im Bank Finances Terror

Terrified, villagers have backed off and accepted relocation after an activist disappeared pursuant to an Ex Im Bank financed overseas boondoggle.
Sudarshan Rajak disappeared under suspicious circumstances after protesting the relocation of families for Reliance Power's 4,000-megawatt Sasan coal project in Singrauli, India. Some of his neighbors believe he was in his house when it wasbulldozed by Reliance. Krishna Das Saha's home was destroyed in the middle of the night -- while his family was still living in it -- to make way for Sasan's coal ash pond. And when Sati Prasad challenged Reliance's refusal to hire local workers, he was dragged out of his home and beaten by the police.
These are just a few people who have met violence and intimidation at the hands of Reliance Power. This aggression is subsidized U.S. tax dollars in the form of over $900 million in financing from the U.S. Export-Import Bank (Ex-Im). Indian groups have documented these and other abuses in Sasan Ultra Mega Power Project, Singrauli, Madhya Pradesh: A Brief Report.
This is nothing new.  The ExIm Bank got its start financing the Soviet regime, and the deaths and disappearances pursuant to those loans are uncountable.

History: EIBW established under DC charter by EO 6581, February 2, 1934, to assist in financing U.S. trade with the Soviet Union.

Today the employees of the ExImbank try to hide their past and present activity, but hey, it's capitalism, so it is all good.  Republicans have come up with a plan to keep it going for another five years.

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Thursday, September 25, 2014

Alibaba Serves Up Another 48 Million Shares to Insiders

After your pension paid $90 a share of alibaba, alibaba issued another 48 million shares the following Monday, at $68 each.
In particular, it was reported by CNBC that numerous hedge funds were allocated miniscule amounts of Alibaba Group Holding Ltd (NYSE:BABA) stock in comparison to the amount requested. Instead, preferential treatment seems to have been given to investors that had longer ties with the company, including early backers, who were given larger dollops of shares as a reward.
So now those insiders will sell out and pocket the difference between their $68 price and whatever your stock falls to before the insiders can unload and book profits.  The Chicom press gives a more fair view:
"As the irrational passion for short-term trading gains dies down, Alibaba's share price will adjust and recede to around $80," said Hong Hao, the chief strategist at Bocom International Holdings, to China Daily online, adding that a new round of investors will digest the stock and seek buying opportunities in the secondary market.
The USA stock exchange is supposed to be about wealth creation, but clearly it is about wealth-transfer.  These guys came to USA because we allow front-running and regulators captured by the regulated.  It astonishes me to hear people say "we need more regulation!"  There is no field more regulated.  The trick is to get rid of the regulators, then the regulated have no one to pretend to be in charge.  That's right, then you'd have to develop your ability to judge.

Check your pension statements to see how much BABA they bought at what price.

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Friday, September 19, 2014

Fail Fast, Fail Early and MOQ FOB

I am delighted to see a renaissance of an idea that was once common, fail fast, fail early.  Plenty o people have monetized the idea, and I don't care how much they make as long as they spread it around. This attitude is a winner.

I am getting much traction out of MOQ FOB especially in exporting food, and area I am focussing on for now because the need is dire in that field.  But to the point, it costs nothing in time and money to decide on a product to test overseas, do the research, write up the MOQ FOB, and get it in front of a decision maker.  Order? Good, improve based on feedback.  No order?  fine, failed early, improve based on feedback.  Either way, always onward and upward.  Never a requirement to "make money now" never need to turn a profit now since there is no burn rate, and never embarrassed by being caught with "big expenses, no customers."

Jobs and Wozniack had no idea what was ahead went they introduced their, ahem, tentative first offer.  Today Apple has thirty years of history to draw on for each iteration of their product.  The start-up was far more creative and fun than now.
http://en.wikipedia.org/wiki/Apple_I
Today, predatory financing backed start-ups, ala silicon valley are making a hash of fail fast fail early.  In their version, burn rate means 'fail fast, fail early."  The more faster the burn, the more sincere the effort.  Not working out so well.  Jobs and Wozniack had no financing to get started, and you need none either.  But here is where they arrived, so far.

https://www.apple.com/macbook-air/
Remember, almost everyone who ever entered the tech industry is still unemployed, or at best underemployed.  Go for lifestyle, not money (or really, its not money anyway, but credit score.)

If anyone wants to get going in international small business immediately using this tactic, here is an online seminar available.

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Thursday, September 18, 2014

Malaysian Experience of Shariah Banking

When people refer to Islam as medieval they mean it in a pejorative sense.  Never mind it was the phase where the West moved from "the dark ages" to the renaissance.  In one way Islam may be called medieval is it was in that era that the West went off the rails in relation to usury.  Malaysia has striven to introduce Shariah law in banking in Malaysia, hoping to advance peace and justice its lands.  As in the West, it seems, with much controversy, Malaysia is giving way to usury in much the same way the West did:
3.1 The development of Islamic banking and finance cases
The above tables showed that most cases reported were in relation to al Bay’ Bithaman Ajil (Sale with deferred payment) (BBA) transactions. Phase three (2008and forward) revealed that other Islamic transactions including Bay’ al Inah (salesof buy back), al Murabahah (sales with cost) and al Istisna’ (manufacturingcontract) were argued in court. The tables also laid down three important phases of IBF development. Phase 1 is the initial phase of the development of Islamic banking and finance cases in Malaysia. During this early stage, there were not many casessince Islamic banking and finance system was at its infancy. Phase 2 is the second stage of the development of Islamic banking and finance cases in Malaysia. There
were more Islamic banks and financial institutions being established during this
period, hence various Islamic banking activities took place. This development gave
rise to more legal disputes that had to be resolved in courts. The number of such
cases that were decided and reported during this phase also increased. This phase
witnessed a different approach by the judges in deciding Islamic banking cases.
Courts were seen to be interested in examining critically the underlying principles
under BBA agreements. They examined whether the BBA is contrary to the Islamic
principles or not. Nevertheless, they were silent on the validity and the legality of
profits derived from the facility.
They did not discuss the interpretation of  riba’ anddid not declare the profit gained from the BBA as unlawful. In the case of MalayanBanking Bhd v Ya’kup bin Oje & Anor, the learned judicial commissioner evenconsidered istihsan and the concept of equity before a case is being decided. The
third phase of the development of Islamic banking and finance in Malaysia has seen
the judges being more confident and assertive in their decisions. This could be due
to the fact that Islamic banking practice has been established for about two decades
in this country, hence judges have learnt from the earlier cases of Islamic banking
which were controversial and subject to criticisms. Judgments given are also more
consistent. This development is certainly a plus point in Islamic banking and finance
since it will lay down clear judicial precedents which serve as guidelines for future
cases.
I added the emphasis.  These cases were controversial, meaning conservative judges were overruled.  The validity and legality of profits from the BBA is the point, so to skip it is to move along the same lines we did in the West, in which the religious courts (as Shariah courts in Malaysia) deferred to the definitions provided by those who want to in effect practice usury.

It seems to me that in the geography of Islamic law, the Malaysian example in time will not tell us much about whether Shariah law advances peace and justice.  It does tell us whether Islamic or Christian law, when a state administers the law, the results are similar.

I don't think you can either let a state administer laws nor outlaw certain practices.  You must allow panarchy, that is people who consent to a legal framework to be free to contract under such without state interference.  In this way there is order, the opposite of the state, and systems may maintain their integrity and provide example of the benefit.  We cannot know if Malaysian Shariah law brings peace and justice, because it is not quite Shariah, it seems to me.

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Saturday, August 30, 2014

Mish Gets Libertarian Advice Wrong

Of course I am no libertarian, but Mish entertained a question as to whether a "Trust Fund Baby", an adult whose family is supported by a trust fund and therefore no one works, prefers to spend time together (I wonder what that is like, spending all your time together), a libertarian, who finds under Romney/Obamacare he is legally entitled to $600 in welfare payments.

Two points jump out:

1. Two teens still at home.

2. "The trust fund makes the money, not him."

Mish turns to a mentor, Pater Tenebrarum (Father Darkness?) who in turn cites Ayn Rand.  Eeeew! And the advice is in essence, take the money and run.  You paid in, so take out what you can get.

It's not that simple.  People and corporations ought pay in as little as possible, do everything within the law, like Boeing and Apple and Google, to pay no taxes whatsoever, because there are no instances when taxes are used to do good.  In every instance taxes go malinvestment which in turn distorts the market and leads to the terrible uneven distribution we see daily.

On the other hand it is foolish to run afoul of the tax laws, however wrong, even Jesus paid his taxes, although he performed a miracle to do so.  The lesson is if you pay taxes, it is another example of a miracle.

So to navigate whether to take government money, we first need to understand only end-users, consumers, pay taxes.  Business cannot pay taxes.  When you buy a Hershey chocolate bar, you have paid all of Hershey's taxes (as well as all of their expenses).  All costs including taxes are paid by end users.  (If a company goes bankrupt, the taxes it paid borne by the end-users, the receivers of the bankrupt firm).  In this case paying as little as possible becomes a competitive advantage, you lose unless you play.    All of this talk of "business paying their fair share" is pointless drivel.

The point is to wherever you find yourself in the flow of funds, you leverage it to the good. Let's look at some examples.

Now, taxing government payrolls is too a pointless exercise (why not just pay them net?) until we come to the business tax laws.  Your average federal paycheck is about $80k, and taxes may be about $20K, so $60K net say.  In that case that funny money $20k could be pre-tax dollars to invest.... instead of giving it to Uncle Sam in taxes, use $20K to start a business, and reduce your income to the Same $60k take-home anyway.  Of course your taxes are now based on $60K, not $80K, so maybe now you have $13K in taxes, but you make have built untaxed equity in a business in excess of the $13K in taxes.  Consult a CPA about where that sweet spot is for you ($80k is average, half make above that, so $200K is nothing special for mid-level ministers of funny walks, etc.)

Of particular interest to me is the "marketing dollars" the Feds distribute to businesses looking to build export markets.  Now this is money taken in taxes and then given back to businesses that are building markets worldwide.  Here is the problem in this instance:

1. It is directed to a very specific activity - essentially advertising.

2. It is putatively for all USA business but as a practical matter designed only for large USA business.

So here is the deal, if you do not use the money, it will be used by big business.  You can only use the money on market-building.  Here is the problem, as a practical matter it can only be used by big business, but  I F ,   if, you know how the game is played, you can work the program to where legally you can take advantage of it.  In this instance, you are building your business and starving evil big business of the limited funds.  But it is like Odysseus sailing past the Sirens, you have to be strapped to the mast during a certain phase or the programs will drive you mad and your business will crash.  One reason I teach is to show people how to get this money, and most importantly, when, and how to leverage it properly.

There are programs that are just hoaxes, like Foreign Trade Zones which get you nothing except paperwork, and payroll work subsidies that get you headaches.  yes some programs you ought to just steer clear of.

But now to the Trust Fund Baby.  We are all trust fund babies, we fly in planes in an industry that has never turned a profit since the Wright Brothers got that bicycle to launch.  A classic example of socializing costs and privatizing "profits" the airline industry is an example of convention, not markets.  Not to pick on the airline industry, just one example of countless instances of which we are "heirs" to investments we do not paid for, we did not earn.  Indeed, USA borrows half of what it spends, so we are all welfare queens as well.

Mish takes Father Darkness's lead in pointing out all taxation is theft, so any and all restitution is acceptable.  Take the money and run.  Fair enough analysis. Except...  we are all also thieves.  So grab from the booty and run?  The USA economy, and imperial economy depends on our ability to terrorize others who cannot be bribed into paying us tribute.  That is imperialism.  We cannot get away from the reality is little girls are set on fire overseas so we can have free junk here.  We call it collateral damage, or "the price we pay" but it is not rare, Madeleine Albright said expressly a half million dead Iraqi children is worth it.  (Razia did not die after being set on fire by USA troops.)  We invaded their countries on a false pretense, but with the express goal of having them pay for their occupation and our hegemony.  This hegemony is the basis for Chinese loans to us, that we can credible repay from imperialism what we borrow form the Chinese so we can have pointless junk that crowds out a more authentic life.  We are all as guilty as hell of that, and there is probably not less than 100, not 50, not ten here who are not guilty.

So as I pointed out above, the salient points are trust fund, no work, two teens...  free "money."  Well, the trust fund is a state creation to achieve a stable cadre of regime-adherents.  The fund is strictly limited as to in what it can invest.  One gets trapped into a pas-de-deux with the regime.  Next, managing assets would be work in its own right, but here again, expressly forbidden by the regime rules.  So the funds in the trust are as solid as the state (in fact support the regime goals) and at the same time deny us the good of the beneficiary being obliged to come out and compete with the rest of us.  The kids of these adults will never know from example of what it is to struggle and produce. The Trust Fund is an evil government entity.

So the $600 a month in welfare payment to an independently wealthy family is indeed odd.  The money comes from imperial oppression, if not taken it will likely end up in the war profiteers accounts, so what to do?

We are all trust fund babies in some sense and we will all be "getting" social security at some point. Social Security is a welfare payment to a trust fund baby when you get it, so we are all faced with the fellow to which Mish refers.

So what to do?  For my part, I have decided I will take the money, but not "run" with it.  Since these payments all rely on USA imperialism, I've targeted the funds to a group that removes UXO around the world, particularly Vietnam.

I tried to find a charity that does this, but charities (NGOs) are government chartered entities that usually end up doing far more damage than good (see "Africa").  Eventually I found a private company that can sally forth with $10,000 to remove mines, ex-minelayers who repent of their evil.  This is serious work, not for starlets and princesses, fronting NGOs, who more often simply, as Father Darkness advises, take the money and run.  So my social security checks will go to the UXO removal company, which actually removes UXO, by people who are healed by removing UXO.  I rather dig ditches for rice and beans in Mexico than accept USA welfare.  (I am assuming the ditches are not far from the ocean, and there is beer with the rice and beans.)

What is left is working at building what is good, directing what targeted funds are around you to good rather than let it go to bad, and direct "untargeted funds" to the people upon whom we've imposed for the provision of the money in the first place (say, Laotian farmers.)  Then you are closer to the free market, and are closer to surviving come what may.

And also, along these lines, it pleases me to no end to see the poor using their EBT cards in the most upscale grocery stores, buying the finest free range meats and organic produce.  the last thing they should be buying is Cheetos and Coke, and in so buying upscale they support the small farms in their effort to recover farming in USA.  Smile encouragingly when you see the mom with the screaming kid stocking up on pate and paying with her EBT card.  Offer to carry out her bags (not to worry, the store has plenty of help for that.)

The bottom line is entrepreneurs never take risks. Whatever your circumstances, work with it.  There are no times in history when things were just right.  Previous generations left us work for us to do.  We've got to get out of imperialism, and each of us can work in a relatively free market, by our practices.

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Friday, July 11, 2014

Stockman on ExIm Bank

As I have said before, the USA will have to end before the ExIm Bank ends.  And the USA will end because the ExIm Bank will not end.  That is not to say that the USA depends on the ExIm bank, only that the ExIm Bank is proof that the USA economy is in the hands of extremely few people, the powers that be.  Like the Soviet Union, too few people in control cannot recognize all of the price signals, like the Soviet Union, the powers that be could care less if USA ends, because whatever is next they will be in charge of that, too.  ExIm Bank is just another bauble on the body politic.

Now, if like the Moldavans, some parts are able to go Hong Kong autonomous, then that will be a good thing.  USA was designed to be independent countries, called states, with a weak federal government.  No standing army. We lost that.  Time to get it back.

Stockman does an excellent job again breaking things down, and here he goes after the ExImBank. tries to make a difference between crony capitalism and capitalism.  There is only capitalism and free markets.
Unfortunately, the script is already evident. When push-comes-to-shove during the run-up to the fall congressional elections, Speaker Boehner can be counted up to come to the rescue of GE in his home state, and sell-out the tea party insurgents yet again.
And this time it will be game over. After the Ex-Im is given a new lease on life there will be no place for free market conservatives in the Republican party at all. Going forward, crony capitalism will be readily managed by the statist politicians who dominate the beltway regardless of notional party affiliation and banquet speech ideologies.
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Tuesday, June 10, 2014

Alternative Finance - Shariah Compliant

Reading a paper on Islamic finance I find:
It is known, on the other hand, that interest based
financing does not necessarily create real assets, therefore, the supply
of money through the loans advanced by the financial institutions does not
normally match with the real goods and services produced in the society,
because the loans create artificial money through which the amount of
money supply is increased, and sometimes multiplied without creating real
assets in the same quantity. This gap between the supply of money and
production of real assets creates or fuels inflation. Since financing in an
Islamic system is backed by assets, it is always matched with corresponding
goods and services.
(Mufti Muhammad Taqi Usmani, 1998, p.14).
Exactly.  So there are legal claims of ownership of what assets exist, derived from a no-skin-in-the-game participation, that are greater than existing assets.  In fact, in the West, those with legal claims to assets-without-participation are greater than those who created the assets, that is put in the effort and took any risks.

A business person may have gotten nominally rich, but their wealth is subordinated to the usurer.

This paper surveys various practices in Shariah-compliant finance, and finds
Mufti Taqi Usmani has dealt with both types of Islamic rules. Living under
constraints, the Islamic banks are mostly relying on the second set of rules.
The Banking system put forward by Mufti Taqi Usmani is based on the best
possible concessions that may be availed of in the transitory period where
the Islamic Institutions are working under pressure of the existing legal and
fiscal system.
What is the pressure?  Competition for profits or patronage?  Flexibility is admirable, but what if adherence offers better results?
Even with these concessions, the system that has been put forward is in a
collision course with the conventional Banking system and in the future one
of them will have to totally move out of the picture.
How come?  Why cannot both exist at the same time?  Panarchy!  In fact Islam is fairly unique in historically tolerating panarchy within an Islamic theocracy.

With the world economic order tottering, these questions are critical, and even the Pope is taking action, laying down the law...
The announcement on Thursday was only the most recent in a series of firings, replacements, and arrests that have rocked the Vatican’s financial hierarchy. It turns out that for Francis, casting the moneychangers out of the Temple has proven to be a time-consuming task.
I suspect Francis is taking his time because it is so much fun.  Will he move on usury?

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Saturday, May 31, 2014

Sport Shoe Start-Up & Financing

Let’s get an update on Casey Keller’s Sport Shoe start-up.

Casey Keller ran an indiegogo campaign to raise the $125,000 to start up his company.  He has generously shared the details of his start-up with me because he too generosity says my courses helped him.  As I have said before, I at best help save time and money, the success belongs to the entrepreneurs.

To recap, Casey was not pleased with the casual sports shoes on offer, came up with his own designs, contracted with a world class designer to make his ideas professional, and found the best place in the world to have the product made.  So far so good.

Now, I stress we do not need financing, we need customers.  If we do not have customers, we do not need financing.  If we find customers, then financing usually follows.  Casey understands all of this.

I am a brick-and-mortar advocate, since the internet is less than 6% of retail sales, and I think it is smarter to go where 94% of your customers are, rather than less than 6%.  The market structure for shoes evolved such as it is so a small start-up can work through the B2B structure to get wide but manageable feedback upon which to grow iterations.

So to my thesis Casey went antithesis, he pursued social media and marketing his launch in essence as an online B2C effort.  I may have a thesis, but my opinions do not matter.  Customers ultimately decide all in business.

Next, as a separate element, Casey went after crowdfunding for his start-up.  I’ve gone all Islamic as far as financing, and crowdfunding is halal, inasmuch as it is not a loan at all, or finance, just an exchange of gifts (at least in the indiegogo regime.)  In any event, I was keen on seeing how that played out.

I was amazed at how Casey’s Likes grew on facebook, when another observer astonished me by asserting Casey was buying those likes.  I had blogged on the deleterious effects of buying likes, and confirmed he was buying likes and he was aware of the argument against it.  Here again, thesis, antithesis.

(How would a disinterested 3rd party be able to spot Casey was buying likes?  Apparently it is obvious)

So with all of this teed up, Casey launched his financing campaign on indiegogo, with  30 day duration.  His goal was $125,000 which struck me as ambitious, but who knows?  Of the $125,000 Casey set as a goal, he raised less than $5,000 by the end of the campaign, which means he got zero under indiegogo rules


Casey was not happy with the results, so we discussed alternatives, several of which Casey already had lined up.  Very good.

So where is he now, three months later?  Fully funded by others who have stepped in with classic skin-in-the-game financing with Casey still majority holder.

Now I blogged before on an apparently well-funded company doing a kickstarter campaign, for what reason?  Whether or not they succeed, they will get plenty of targeted exposure at no cost.  And in essence, although Casey indeed needed the money to start, all this rigamarole brought him to the attention of a cross section of people who in fact stepped in with the requisite funding.

So, what do we learn?

Classic, unchanged -

Zero secrecy

great design talent

best source in the world

never take risks.

New areas of inquiry -

1. What of the B2C and B2B contradiction I mentioned above, that thesis and antithesis?  We seem to be forming a synthesis:  B2C and Crowdfunding can be useful in exposure with a view to finance.

So we have a valid example of a synthesis, and now we need to establish reliability.  who else works along these lines and comes up with the same results.  (To be science, “knowledge” it must be valid AND reliable.)

2. Sticking with the classic “find customers first, then financing,” is there a means to use social media and crowdfunding which has a B2B audience as opposed to B2C?  

So much to keep learning!

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Saturday, April 6, 2013

Industrial Revolution Without Intellectual Property Rights

One of the heroes of the industrial revolution, USA division, is Eli Whitney and the McCormicks who ran with his invention.  First, Eli Whitney:

If some people are born with the natural ability to invent, Eli Whitney certainly was one of them. From a young age, Whitney had an innate understanding of machinery. The Yale graduate would later use this talent to invent the Cotton Gin, a mechanical device that transformed the economy of the pre-civil-war South.

***Before Webster’s dictionary gained wide acceptance, people did their own thing on spelling.  Gin in this case is short for engine. The machine was a cotton engine.***

When inventor Eli Whitney arrived in the South in 1793, only green seed cotton could be grown inland. Problem was: the process of removing seeds from the cotton was extremely laborious. So Whitney devised a machine that automatically separated the seeds from cotton much faster than people could with their hands (in only one hour, Whitney's invention de-seeded a day's worth of cotton). When word got out about the Cotton Gin, plantation owners began planting as much green seed cotton as the land would allow.

***A good thing introduced in the wrong place at the wrong time.  See my other blog for a riff on this point.   http://shallnotkill.blogspot.com/ ***

Though Whitney received a patent for his cotton gin invention in 1794, by that time the invention was being pirated and used all over the country. Ultimately, Whitney left the South with very little to show for the invention that had made croppers millions. However, upon his return to the North, he reinvented American manufacturing with the idea of mass production.

***Now that would be patent number 72 for USA.  Notice the confused view: patent, pirated, nothing to show.  Croppers made millions because of a violent system that picked them as winners.  What have patents to do with that?  Does the writer here suggest had the patents been effectively enforced, Eli Whitney may have gotten a cut of the millions croppers earned by exploiting stolen lands and slavery?   is that to be regretted?

The Cotton Gin Patent

Next, note as in China today, USA had rules on patents but no means of enforcing them.  Yet the industrial revolution proceeded apace.  Indeed, where there was a lack of enforcement, there was industrial revolution.

Now enter Cyrus McCormick.  ***

Not long after Eli Whitney invented the Cotton Gin, Cyrus McCormick invented another significant agricultural invention that revolutionized farming: the mechanical reaper. Prior to this invention, reaping was a painstaking process (done by hand with a scythe) that limited a farm's harvest.

The initial idea and design for the reaper actually came from Cyrus McCormick's father, Robert, who worked on the invention for 16 years. In 1831, twenty-two-year-old Cyrus took over his father's project and, within six weeks, he had built, field-tested, remodeled and successfully demonstrated the world's first mechanical reaper. McCormick's invention automatically cut, threshed and bundled grain while being pulled through a field by horses.

In 1834, inventor Cyrus McCormick took out a patent on his invention and, soon after, began manufacturing the reaper himself. Despite the amazing potential of the invention, most farmers remained uninterested.

***Of course, as is the case of some 7.9876 million times out 8 million, the patent equals failure.***

McCormick spent years making improvements to the mechanical reaper invention and coming up with business innovations to boost sales (including credit for purchases, performance guarantees, replacement parts and advertising). All his work eventually paid off – by 1851, Cyrus McCormick's reaper invention was an international sensation.

***Again, USA writers cannot see reality.  There is no market for an invention that mechanizes reaping.  There is a market for vendor financed, performance guaranteed, service assured and reference rich mechanized reaper.  It is marketing of invention that matters, not invention.    A patent brings absolutely nothing to the economy.***

Cyrus McCormick filed patents for the invention, and his achievements were chiefly in the development of a company, marketing and sales force to market his products.

***It does not matter that “marketing and sales” as imperative is widely known, we are supposed to believe that patents matter.***

His son Cyrus took up the project.[3] He was aided by Jo Anderson (slave), an enslaved African American on the McCormick plantation at the time.[4] 

***This is a little remarked upon phenomena.  Under slavery, people of some African heritage were often valued for their creativity and productivity.  All slavery is profoundly evil, even the slavery enshrined in USA with the 13th Amendment of the US Constitution, the version of slavery acceptable to the progressives and the law of the land in USA today.  But back under private chattel slavery there were architects, doctors, writers, ship captains, civil engineers, you name it.  If a slave showed aptitude, the slave master enjoyed a bonus.  Today, if it were not for the progressives and their agenda, we’d be enjoying the benefit of a wider range of contributions of Americans of some African heritage. But I digress...***

A few machines based on a design of Patrick Bell of Scotland (which had not been patented) were available in the United States in these years. The Bell machine was pushed by horses. The McCormick design was pulled by horses and cut the grain to one side of the team.

*** Ideas improved by other ideas... hegelian dialectic: thesis, antithesis, synthesis. As one of some Scottish heritage, I can well imagine an invention in which against all rational thought, a Scotsman insists the horses push, not pull, the reaper.  If patents were in effect, McCormick would have well have been obliged to pay Bell and limit himself to horse-pushed reaping.***

Using the endorsement of his father's first customer for a machine built by McPhetrich, the younger McCormick continuously attempted to improve the design. 

*** Fail fast, fail early.  Constant customer-based improvement.  What I teach is nothing new, it is just woefully unpresented.***

He finally sold seven reapers in 1842, 29 in 1843, and 50 in 1844. They were all built manually in the family farm shop. He received a second patent for reaper improvements on January 31, 1845.[5]

***Now notice: no finance.  The horror of lending credit at interest had not yet becomes widespread. Also, this is how businesses were once started. The introductory product was poorly designed, expensive, rare, and hard to acquire. Patents lock in a design.  That design is necessarily bad to start.  Why lock in what is necessarily bad? ***

As word spread about the reaper, McCormick noticed orders arriving from farther west, where farms tended to be larger. While he was in Washington, DC to get his 1845 patent, he heard about a factory in Brockport, New York, where he contracted to have the machines mass-produced.

***Notice how much time he wastes on patents.  Some people study art or write poetry in their spare time, apparently McCormick delighted in long meetings with expensive lawyers and filling out forms. All of the patent work did exactly zero for his company, just as time spent composing poetry would be irrelevant. ***

To obtain the money and credit necessary to begin operations, McCormick formed what was to be a short-lived partnership with the mayor and leading citizen of Chicago, William B. Ogden. With $25,000 given by Ogden for a half interest, McCormick built his first plant near Lake Michigan on the north bank of the Chicago River.

***Money for expansion came from partnership, not a bank loan.  Ogden risked his money by participating, not loaned money at interest.  There was still the idea that this was the way to do business, indeed Christianity taught it as an imperative then, as islam teaches it is an imperative today.***

When McCormick tried to renew his patent in 1848, the US Patent Office noted that a similar machine had already been patented by Obed Hussey a few months earlier. McCormick claimed he had really invented his machine in 1831, but the renewal was denied.[7] William Manning of Plainfield, New Jersey had received a patent for his reaper in May 1831, but at the time, Manning was evidently not defending his patent.[5]

***Oh.  So the patents never really mattered.  Never mind.
Read more on defending patents, mischief, time wasting and Abe Lincoln.***

The first year of mass production was 1848. It was also the year that the original patent ran out. An application for extension was hung up in litigation and eventually disapproved, probably due to the effective lobbying of competitors who finally realized the potential of the reaper. 

***Oh.  So the patents never really mattered.  Never mind. And in any event, it gets down to politics, not law.***

With his manufacturing plant set up, McCormick concentrated on sales and developed a system of company agents with machines on hand. He was one of the first manufacturers to offer his product at a fixed price with a written guarantee. The farmers were asked to pay $30 down and $90 later if the machine lived up to the claim of being able to cut 1 and 1/2 acres an hour. 

***Oh.  So the patents never really mattered.  Never mind.  What matters is marketing.  Also, this is also Shariah compliant payment terms.  The manufacturer participates in the risk of the farmer.***

Such a use of credit and guarantees was unusual at that time. 

*** No it wasn’t.  It is how new things were introduced for millennia: I invent, you share the profits of the improvement with me.  it is an ancient practice.  McCormick was not the first person to do this, he may have been the last though.  State enforcement of usury had become widespread, so bank credit was getting easier to obtain than industrial cooperation. And with banks acting as clearing houses for indusrial cooperation, the state could more easily tax business and industry.  Once they could effectively tax, they could in turn begin to fund war, bailout, famine, torture, prisons, in short, the progressive agenda.  A writer today can be forgiven for not knowing how mankind advanced previous to today, especially when one is so dazzled by what glitters presently.  But there are alternatives, which may come in handy in the not too distant future.

Next we see beginning then what we see happening today: those who “believe” in patents inevitably begin to game the system.  To game the system is an admission the system is corrupt.***

To help toward this end as speedily as possible, McCormick's agent, acting incognito, would purchase and ship to Chicago one of the machines which had been so successful in the harvest just closed. The inventors at the factory then studied it carefully for the purpose of discovering a way whereby the implements in their charge might attain a similar perfection of operation, without making their employer liable to a suit for an infringement of patent-rights. If this could be done, the law still required that the patent should be granted to the expert who had made the invention—but he immediately thereafter assigned all of his interest in the monopoly to his employer. Therefore, the latter gave him a new problem to master, and the process was repeated. In this fashion the inventor of machinery was himself mechanized. The patrons of this Renaissance overshadowed the artists.

***So, use the police power of the state to undermine competitors and deny inventors just compensation.  it is amazing that the biggest defenders of IPR are the very victims of it. C’est la vie!.***

McCormick also continued his practice of entering his machines in competition against the products of other companies. He ran full page advertisements with testimonials stating exactly when and where a feat had been accomplished. 

***Just like your website should do today.***

McCormick was careful to keep the loyalty and goodwill of the farmers. In 1848, he said, "I have never yet sued a farmer for the price of a Reaper." He was always quite liberal in cases of natural disaster such as the drought that hit Kansas and South Dakota early in the history of the company. 

***Now this is important.  Along with lending credit, the banks would foreclose on anyone who could not pay a loan, and then sell the small farmers land to the preferred huge farmers, bring collectivization to the USA.  With vendor financing, your suppliers want your success.  With bank financing, the bank wants your failure.  But to take loan at interest is to reject  the bible teaching on usury and bring down destruction on the yourself.  Can’t say they were not warned.  But the main lesson is we can have industrial revolution without banks and intellectual property rights.***

Invention of harvesting implements was not confined altogether to the machine-shop of the industrialist between 1855 and 1885. In fact, the half-dozen most significant of the hundreds of patents for improvements in self-raking reapers, harvesters, and binders during these years were granted to farmers or to small-town mechanics. Nevertheless, the control of these inventions tended quickly to gravitate to the big manufacturers. They, alone, had the capital to exploit a new mechanism. Their scouts, or "patent experts," searched the countryside for valuable devices. These might often be secured for a very small sum." [3]

***O that too...  Thos. Jefferson designed the unique USA patent system to benefit the small inventor.  Banks allowed to lend credit at usury enabled a crime in natural law: outsized production crowded out competition while enfeoffing the customers, and denying inventors just compensation.

With the USA civil war, a tension between freedom and fascism finally broke in favor of fascism, and empire followed.  IPR was strengthened.

Can we go back to where we go off track?  Close cooperation between inventors, manufacturers, customers, with no banks nor IPR?

No, but maybe we can carve out a part of USA where we go back to say just before the USA invasion of Mexico, with some improvements like sound money, no IPR, respect of property rights, non-enforcement of slavery.  I think the peninsula upon which Detroit sits would be a good candidate for such a nation/state.  One country, two systems, like Hong Kong.


***John Spiers will be offering an all-day seminar on small business international trade start up at Orange Coast College, Los Angeles Area, June 29, 2013.  Full info here...***

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Wednesday, August 29, 2012

Noonan, Usury and Islamic Finance

As I study Islamic finance, all roads lead back to a book entitled Scholastic Analysis of Usury written in 1957 by an American lawyer named John Noonan.  Islamic scholars compare and contrast their laws against the development of Christian laws, as told by Noonan.  It appears Islamic scholars near universally believe the Church changed its teaching on usury, and Islamic scholars are concerned that their faith might follow the same error.  Well, not to worry, the Catholic church still condemns usury.  But more on that another time.

As I read Noonan I am perplexed as to why anyone would arrive at the conclusion that the church allows usury.  As I read on Islamic finance, I can understand how Islamic scholars might believe so.  Islam consults the Koran and its saints and theologians to arrive at Shariah.  So far, usury is forbidden.  Islam has no pope to declare for all time and places an infallible truth.    Well, Noonan cites the Bible in passing but he is heavy on saints and theologians to arrive at a change in church teaching on usury.  Hence, the Islamic scholars, I suspect, are observing Noonan's sources and analogizing them to Islam's path to Truth.  Problem is, Noonan's citing of theologians and canon law does not trump the infallible teachings of the Church.  Usury is sin.

What a comparison!  With no pope, as in Islam, the Truth is maintained.  With a pope, the Truth is widely ignored.  

I will write more on this later, but I want to mention arguments in writing, especially by lawyers.  As I read this book, Scholastic Analysis of Usury, I am astonished at how often Noonan is using rhetorical tracks and shifting definitions to make his case.  He is truly a gifted writer, but has no one who cites him noticed the games he plays?  Perhaps having grown up among lawyers I was tipped off to such tactics.  And I do credit a book called the Art of Cross Examination which lays out the most powerful scams lawyers advance.



Curiously, back to Noonan and Scholastic Analysis of Usury, for such an oft-cited book, it is not available on Amazon.com, in spite of the fact that the author is living and still producing books.  Alibris.com has no copies either. Further, there are only 445 copies, among all 11 editions, available in libraries around the world.  For the book to be rather unavailable, it takes the efforts of the author.

Another curiosity, for a book relating to faith and morals, written by a "staunch catholic" back in 1957, to not have a nihil obstat and an imprimatur is odd, expecially one so verses in Canon Law:

Can. 823 §1. In order to preserve the integrity of the truths of faith and morals, the pastors of the Church have the duty and right to be watchful so that no harm is done to the faith or morals of the Christian faithful through writings or the use of instruments of social communication. They also have the duty and right to demand that writings to be published by the Christian faithful which touch upon faith or morals be submitted to their judgment and have the duty and right to condemn writings which harm correct faith or good morals.

Noonan went on to become a federal judge and write more books, his most recent published in 2011.  Why is his first so difficult to find?  Perhaps I am not the only one to realize that Noonan's first book is rather disingenuous.  I'll write more on usury and Islamic finance later, but I wanted to mark the curious  source document for the idea that the Church permits usury.

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