Quotulatiousness

June 7, 2013

Taking the battle to the patent trolls

Filed under: Business, Law — Tags: , , , — Nicholas @ 08:01

In The New Yorker, Tim Wu suggests some lines of counter-attack to use against patent trolls:

There are good laws in place that could fight trolls, but they sit largely unused. First are the consumer-protection laws, which bar “unfair or deceptive acts and practices.” Some patent trolls, to better coerce settlement, purposely misrepresent matters such as the strength of their patents, the extent of other settlements, and their actual willingness to litigate. Second, there are plenty of remedies available under the unfair-competition laws. Some trolls work by aggregating an enormous number of patents, and then present the threat that one of their thousands of patents might actually be valid. The creation of these portfolios for trolling may be “agreements in restraint of trade” under Section 1 of the Sherman Antitrust Act, or they may “substantially lessen competition” under the Clayton Antitrust Act. More generally, the methods of the trolls are hardly what you would call ordinary methods of competition; they should be considered, rather, what the Federal Trade Commission calls “unfair methods of competition” under Section 5 of the F.T.C. Act. The Commission has the power to define and punish methods of business that are inherently harmful with few or no redeeming benefits, and that’s what trolling is. Finally, it is possible that the criminal laws barring larceny and schemes to defraud may cover the conduct of some trolls.

Unfortunately, other than in Vermont, these laws remain largely unenforced, for reasons that aren’t particularly good. Trolls, to switch metaphors, are like cancer cells: they mimic ordinary activity, namely the assertion of patent rights. A war on trolls could become a war on patent holders in general. Since the line between the two can be fuzzy, the argument is that war might deter some real invention. It might, for example, lump universities in with the extortion artists.

But that justifies caution, not inaction. All law enforcement involves this problem of sorting. There is a narrow line between the legitimate trader who knows the stock market well and the criminal inside trader, yet that doesn’t mean securities laws should be left unenforced.

June 6, 2013

Rail technology changes on a slower timescale than other transportation systems

Filed under: Business, Railways, Technology — Tags: , , , , — Nicholas @ 09:50

The Economist looks at innovation in the railway business:

Compared with other modes of transport, train technology might seem to be progressing as slowly as a suburban commuter service rattling its way from one station to another. Automotive technology, by contrast, changes constantly: in the past decade satellite-navigation systems, hybrid power trains, proximity sensors and other innovations have proliferated. Each time you buy a new car, you will notice a host of new features. Progress is apparent in aircraft, too, with advances in in-flight entertainment and communication, fancy seats that turn into beds, and quieter and more efficient engines. Trains, meanwhile, appear to have changed a lot less.

Actually, the perception of change is much greater for cars and airplanes, but there are few changes in those areas that are not merely evolutionary rather than revolutionary. Incremental changes are the rule of the day, as neither cars nor planes travel significantly faster than they did thirty years ago … but they do it safer and more comfortably now.

This comparison is not entirely fair. For one thing, people buy their own cars, so they pay more attention to automotive innovation. Carmakers are engaged in a constant arms race, trumpeting new features as a way to differentiate their products. Nobody buys their own trains. Similarly, air passengers have a choice of competing airlines and are far more likely to be aware of the merits of rival fleets than they are of different types of train. In addition, notes Paul Priestman of Priestmangoode, a design consultancy that specialises in transport, trains have longer lives, so technology takes longer to become widespread. The planning horizon for one rail project he is working on extends to 2050. “You have to think about longevity, whereas the car industry wants you to buy a new car in two years,” he says.

Another big difference is that the way railways operate — with a small number of powered units (locomotives) and a very large number of unpowered units (freight cars and passenger cars) that have to be reliably connected to one another and operate successfully. A car can go on any kind of road (or even none, in many places) and a plane can fly in any part of the sky, but a train needs an engineered right-of-way that falls within established standards of curvature, elevation change, and overhead and side clearance. Because of this, any piece of railway equipment that does not run on its own isolated track (like monorails or the various flavours of high speed railways) must always meet the existing standards … which have been slowly evolving since the mid-nineteenth century. With so much capital invested in existing right-of-way and rolling stock, the costs for introducing significant changes can be astronomical.

There’s also the fact that unlike other forms of transportation, passenger and freight trains operate in different and sometimes conflicting ways. Passenger trains need to operate on a known schedule between high population centres at relatively high speed. With higher speed goes a need for better braking systems and more capable signalling methods. Unlike a train full of new cars or iron ore, you can’t just park a train full of living human beings on a siding for a few hours to allow slower trains to clear the way (unless you’re Amtrak or VIA). Passenger trains have to have top priority, which often means the railways have to delay freight traffic to ensure that the passengers are not unduly delayed.

One solution to the problem is to provide separate tracks for the passenger trains, but this can be very expensive, as the places where the extra tracks would be most effective is also where the land is at peak cost: in and around major cities. Most passenger trains are now run by government agencies or corporations acting as agents for local, regional, or state governments, so they sometimes use the power of eminent domain to gain access to the land. This is a politically fraught area, as the more land they need to take, the tougher the process will get.

Brakes are also getting an upgrade. Stopping a train can take so long that locomotive-operators, also known as engineers, often have time to contemplate their fate before an impact. “Your life races before you,” says a former operator who, years ago in Alabama, helplessly watched as his freight train, its emergency brakes screeching, headed towards a stalled truck that ultimately managed to pull off the tracks in time. Stopping a train pulling a hundred cars at 80kph can require 2km of track. Road accidents take far more lives, but 1,239 people were killed in more than 2,300 railway accidents in 2011 in the European Union alone.

Much of the problem is that the faster a train’s wheels are spinning, the hotter its brake shoes get when engaged. This reduces friction and hence braking power, a predicament known as “heat fade”. Moreover, nearly all trains power their brakes with compressed air. When switched on, air brakes activate car by car, from the locomotive to the back of the train. It can take more than two minutes for the signal to travel via air tubes to the last car.

Again, it’s not physically or financially possible to switch over all existing cars to newer technology in one fell swoop, so any updated brake technology must be 100% compatible with what is already in use, or you risk creating more dangerous situations because some brakes may operate out of sequence which will increase the chances of accidents.

Norfolk Southern, an American rail operator, now pulls roughly one-sixth of its freight using locomotives equipped with “route optimisation” software. By crunching numbers on a train’s weight distribution and a route’s curves, grades and speed limits, the software, called Leader, can instruct operators on optimum accelerating and braking to minimise fuel costs. Installing the software and linking it wirelessly to back-office computers is expensive, says Coleman Lawrence, head of the company’s 4,000-strong locomotive fleet. But the software cuts costs dramatically, reducing fuel consumption by about 5%. That is a big deal for a firm that spent $1.6 billion on diesel in 2012. Mr Lawrence reckons that by 2016 Norfolk Southern may be pulling half its freight with Leader-upgraded locomotives. A competing system sold by GE, Trip Optimizer, goes further and operates the throttle and brakes automatically.

This is a good use of computer technology: you add the software on top of the existing infrastructure and use it to detect operational gains without needing to make system-wide changes to all freight cars.

QotD: The CBC is “nothing but a zombie, slowly sucking up a dwindling fund of goodwill and nostalgia”

Filed under: Business, Cancon, Media, Quotations — Tags: , , , — Nicholas @ 08:22

As Postmedia and other newspaper empires pull paywalls down over their digital incarnations, CBC minions on Twitter have been caught crowing about their “no paywall” status, purchased by the taxpayer at the sensational bargain price of $1.2 billion a year.

It may be hard for readers to feel bad for the cartelizing Paywall Gang, but it is surely a tactical error for the CBC to call attention to its incredibly expensive “free” nature. The Broadcasting Act says the Corporation shall operate “radio and television” services; it doesn’t say anything about a website, much less a website that functions as a telegraphic gazette. Of course, times change and new media paradigms develop and blah blah blah, but the distinction here is crucial: The original pretext for the creation of the CBC was the limited, theoretically public nature of broadcast spectrum. To the degree that the CBC is now just one digital content provider among many, with a hypothetized mandate that puts it in a position to compete with newspapers, it can rightly be privatized, or destroyed, or handed over to its own employees, in order to unburden the public treasury.

Polls always demonstrate high levels of purported political support for the CBC. The public subsidy to the CBC is a forced transfer of wealth from people who don’t like it to people who do, and the “dos,” unsurprisingly, like the set-up just fine. In the U.S., donor-funded, non-profit “public” radio is equally adored by fans; the only difference is that they’re asked to chip in for their preferred electronic smarm or go without. No social or economic arguments against privatization of the CBC are possible. It’s nothing but a zombie, slowly sucking up a dwindling fund of goodwill and nostalgia. Mr. Dressup is dead, folks.

Colby Cosh, “Why the CBC has outlived its usefulness”, Maclean’s, 2013-06-06

June 4, 2013

LCBO intransigence triggers constitutional challenge

Filed under: Bureaucracy, Business, Cancon, Law, Liberty — Tags: , , , , , — Nicholas @ 11:02

This is kinda fascinating:

What started out as a simple privacy commissioner complaint has turned into a constitutional challenge of the validity of the Liquor Control Board of Ontario (LCBO) — and this time the Board has only itself to blame for the brouhaha, proving once again that Ontario’s LCBO is so far out of touch with the realities of today’s world, it’s downright scary. At a time when they should be thinking about transitioning out of the alcohol business, the Ontario provincial government and the LCBO seem to be clinging to its very existence with even more tenacity and verve than before. They’re like the old boxer clinging to past glories who just has to show you the right hook he can still throw — yet only ends up throwing out his shoulder. In the LCBO’s case, the word “Control” won’t be pried away from its “cold dead hands” anytime soon… or will it? In its most recent fight, the LCBO is proving it is a government entity most in need of being on the chopping block — if not the auction block — of government institutions that should be moved over to the private sector.

[. . .]

Why the LCBO has chosen to play hardball over such a trivial matter is incomprehensible; according to reports, the LCBO has decided to appeal the order and has asked that the records be sealed in the process. This seems to contravene common sense. “A government entity has chosen to spend hundreds of thousands of taxpayers’ dollars to fight an order by the Privacy Commissioner whose sole purpose is to make these decisions,” Porter says.

Now fed up with the collection of information, Porter and his team have decided to question the entire existence of the LCBO as it contravenes the Constitution Act of 1867 by challenging the Importation of Intoxicating Liquors Act (IILA) itself — which bans the free flow of goods (including alcohol, wine and beer) between the provinces. The argument hinges on Section 121: “All articles of Growth, Produce or Manufacture of any one of the Provinces shall, from and after the Union, be admitted free into each of the other Provinces.” This challenge could, and would if successful, lead to the downfall of the LCBO. Social networks were abuzz with the news about the challenge. Alfred Wirth, president and director at HNW Management Inc., applauded the news on Facebook: “Any progress towards competition among merchandisers is to be appreciated – even if it’s for domestically-produced products. Several years ago, when I questioned why Ontario couldn’t privatize the LCBO, the then Minister of Health said that alcoholic beverages were a crucial health matter which the province had to control. Despite the risk of people (including underage youth) freezing to death during our cold Ontario winters, he did not explain why the sale of crucial winter coats could be entrusted to Sears, the Bay, etc…” While Porter himself posted an analogy to cigarettes: “How about this one. Cigarettes are so dangerous that you cannot advertise them on TV, print, billboards or even display them behind a counter… but they can be sold at any store. Alcohol is so dangerous that it has to be sold at a government store with specially-trained people… but the government itself floods the market with advertising and even publishes a free magazine where 50 per cent of the content is about consuming the product.”

Energy lawyer Ian Blue has joined the Vin de Garde team for the action. I interviewed Blue in 2010 about the IILA, which is now under fire. Here’s what Blue had to say: “The law that gives provincial liquor commissions a monopoly and the power they have, is federal law, the Importation of Intoxicating Liquors Act; it’s highly arguable that the law is unconstitutional. It’s also pretty apparent to government constitutional lawyers, who are knowledgeable in these matters… [If the Supreme Court of Canada] takes a hard look at the IILA, and if they do an intellectually honest interpretation, the IILA probably cannot stand up to constitutional scrutiny.”

In 2009, lawyer Schwisberg commented to me when speaking about the IILA: “The very underpinning of Canada’s liquor regulatory system is unconstitutional. Isn’t that a mind blower?” Blue said: “There is nothing natural or logical about the existing system. It bullies, fleeces and frustrates wine producers and the public… If the IILA were to fall… wine producers could probably make quantum leaps of progress towards a fairer and more rational system of liquor and wine distribution in Canada.”

High Noon for patent trolls

Filed under: Business, Law, USA — Tags: , , , , — Nicholas @ 09:17

At Techdirt, Mike Masnick has some very good news:

Back in February, we were a bit surprised during President Obama’s “Fireside Hangout” when he appeared to speak out against patent trolls. Historically, most politicians had always tiptoed around the issue, in part because the pharma industry seems to view any attack on patent trolls as an existential threat — and, frankly, because some small time patent holders can also make a lot of noise. However, it’s become exceptionally clear that there’s political will to take on patent trolls. We’ve noted five different patent law bills introduced in Congress, all targeting patent trolls in one form or another.

And now, it’s been reported that President Obama is going to come out strongly against patent trolling, directing the USPTO and others to fix certain issues, while also asking Congress to pass further laws to deal with patent trolling. The President will flat out note that patent trolls represent a “drain on the American economy.” The announcement will directly say that “patent trolls” (yes, they use the phrase) are a problem, while also talking about the problem of patent thickets like the infamous “smartphone wars.”

The plan is scheduled to be released later today, but we’ve got a preview of the specific plan, and let’s take a look at each of the suggestions quickly. I’m sure we’ll be discussing the concepts in much more detail for the near future. The plan is split into two different parts: legislative actions (i.e., asking Congress to do something) and executive actions (i.e., ordering administration agencies/departments to do things). Let’s start with the executive actions, since those are likely to have the more immediate impact.

This is excellent news, at least for anyone not currently working as a patent lawyer for one of the trolls…

June 3, 2013

CRTC rule changes may finally signal the end of the three-year phone contract

Filed under: Business, Cancon, Technology — Tags: , , — Nicholas @ 10:54

In Maclean’s, Steve Rennie outlines the new cell phone rules to come into effect later this year:

Wireless customers will be able to cancel their cellphone contracts after two years without any penalties — even if they’ve signed up for longer terms — under a new set of rules unveiled Monday by the federal telecom regulator.

However, the Canadian Radio-television and Telecommunications Commission didn’t go as far as an outright ban on the three-year contracts that Canadians vented so much about earlier this year as the national code for wireless services was being drafted.

“We didn’t focus on the length of the contract, we focused on the economic relation,” CRTC chairman Jean-Pierre Blais said in an interview.

“So, in effect, it’s equivalent to those asking for a ban of three-year contract without us actually banning three-year contracts, because what we’re saying is the contract’s amortization period can only be for a maximum period of 24 months.”

There’s also good news for those who travel with their cell phones (that’d be pretty much every Canadian traveller these days):

The CRTC is also capping extra data charges at $50 per month and international data roaming charges at $100 per month to avoid huge, surprise bills.

The regulator will require providers to allow customers to unlock their devices after 90 days, or immediately if they pay the full amount of the device.

May 29, 2013

Lessons learned in the post-Napster era

Filed under: Business, Law, Media — Tags: , , , — Nicholas @ 16:25

At TechDirt, Mike Masnick discusses the things we learned from Napster:

Last fall, law professor Michael Carrier came out with a really wonderful paper, called Copyright and Innovation: The Untold Story. He interviewed dozens of people involved in the internet world and the music world, to look at what the impact was of the legal case against Napster, leading to the shutdown of the original service (the name and a few related assets were later sold off to another company). The stories (again, coming from a variety of different perspectives) helps fill in a key part of the story that many of us have heard, but which has never really been written about: what an astounding chill that episode cast over the innovation space when it came to music. Entrepreneurs and investors realized that they, too, were likely to get sued, and focused their efforts elsewhere. The record labels, on the other hand, got the wrong idea, and became totally convinced that a legal strategy was the way to stem the tide of innovation.

The Wisconsin Law Review, which published Carrier’s paper, asked a few people to write responses to Carrier’s paper, and they recently published the different responses, including one from a lawyer at the RIAA, one from another law professor… and one from me. This post will be about my paper — and I’ll talk about the other papers in a later post. My piece is entitled When You Let Incumbents Veto Innovation, You Get Less Innovation. It builds on Carrier’s piece, to note that the stories he heard fit quite well with a number of other stories that we’ve seen over the past fifteen years, and the way in which the industry has repeatedly fought innovation via lawsuits.

You can read the whole paper at the link above (or, if you prefer there’s a pdf version). I talk about the nature of innovation — and how it involves an awful lot of trial and error to get it right. The more trials, the faster what works becomes clear, and the faster improvement you get. But the industry’s early success against Napster made that nearly impossible, and massively slowed down innovation in the sector. Yes, a few players kept trying, but it developed much more slowly than other internet-related industries. And you can see why directly in the Carrier paper, where entrepreneurs point out that it’s just not worth doing something in the music space, because if you want to actually do what the technology enables, the kinds of things that are cool and useful and which consumers would really like… you’ll get sued.

May 25, 2013

Ireland’s corporate tax rate

Filed under: Business, Economics, Europe — Tags: , , — Nicholas @ 08:01

At the Adam Smith Institute, Tim Worstall explains why Ireland has — and should continue to have — a low rate of corporate tax:

Companies don’t pay corporation tax: it’s some combination of the shareholders and the workers who do. This is not a point in argument: the only argument is about what the portions are, not the fact that the burden falls upon these two groups. We also know what it is that influences which group: it’s how large the economy is in relation to the world economy and how open it is to capital movement. The smaller and more mobile, the more the workers get it in the neck.

The mechanism is simple enough. It’s pretty much straight from Adam Smith in fact. There’s an average rate of return to capital: a jurisdiction that taxes that return to capital will have a return lower than that global average. So, some domestic capital will flow out seeking the higher foreign returns, some foreign capital will not flow in for the lower domestic ones. There’s thus less capital employed in the economy. Adding capital to labour is what drives up the productivity of labour: the average wages in a country are determined by the average productivity in that economy. So, tax companies, get less capital employed, wages are lower than they otherwise would be. The workers are bearing part of the burden.

As I say, the smaller the economy and the more open it is then the more of that burden is upon the workers. And in a wonderful result back in 1980 Joe Stiglitz showed that the burden upon the workers can actually be more than 100%. That is, the workers lose more in wages than the government gets in tax.

Ireland’s a small economy, 3.5 million people or so and as it’s in the EU has about as close to perfect capital mobility as it is possible to get. Thus it ought to have a lower corporation tax rate than larger economies. And it does, so that’s just fine then. Attempts to push it up (as various EU types are currently muttering) would simply lower wages in that country.

May 24, 2013

UBC’s latest big idea

Filed under: Business, Cancon — Tags: , , — Nicholas @ 08:45

Alex Usher calls it the best idea he’s seen all year:

If you’re a UBC student, staff, or faculty member, and want to start a business, you’re eligible for up to $5000 worth of business services (though, in practice, most use far less). And unlike virtually every other entrepreneurship system in Canadian PSE, there are no requirements whatsoever with respect to using UBC technology, nor is there any stipulation that the business be some kind of technology enterprise. Want to open a flower shop? This fund’s for you.

There’s no catch. UBC certainly isn’t interested in equity, for instance. All they want is recognition. All companies that move through the program must display a logo declaring themselves as “UBC-affiliated companies” for a period of five years.

How brilliant is that?

First, it creates a great, dense network between an institution and small businesses in its community (which will no doubt pay off philanthropically, down the road). Second of all, it allows the institution to get a much better handle on the post-graduation activities of its entrepreneurs, and hence allows UBC to highlight its larger role in job creation and innovation in British Columbia. Frankly, UBC could pay for this out of the Government Relations budget, and it would make complete sense — how great will it be to be able to walk into an MLA’s office and rattle off the names of all the new, “UBC-affiliated” businesses that have started-up in his/her riding?

It’ll be interesting to see how this works out in the long run, as $5,000 isn’t enough to establish a business but it can be a helpful amount of money to an otherwise undercapitalized business.

May 22, 2013

Fan fiction goes mainstream with Amazon’s Kindle Worlds

Filed under: Books, Business, Media — Tags: , , — Nicholas @ 12:54

People tend to have strong opinions on fan fiction (well, people who know it exists, anyway). This development will polarize fan ficcers very quickly:

The Twitters are abuzz today about Amazon’s new “Kindle Worlds” program, in which people are allowed to write and then sell through Amazon their fan fiction for certain properties owned by Alloy Entertainment, including Vampire Diaries and Pretty Little Liars, with more licenses expected soon. I’ve had a quick look at the program on Amazon’s site, and I have a couple of immediate thoughts on it. Be aware that these thoughts are very preliminary, i.e., I reserve the right to have possibly contradictory thoughts about the program later, when I think (and read) about it more. Also note that these are my personal thoughts and do not reflect the positions or policies of SFWA, of which I am (still but not for much longer) president.

1. The main knock on fan fiction from the rights-holders point of view — i.e., people are using their characters and situations in ways that probably violate copyright — is apparently not at all a problem here, since Alloy Entertainment is on board for allowing people to write what they want (within specific guidelines — more on that in a bit). Since that’s the case, there’s probably a technical argument here about whether this is precisely “fan fiction” or if it’s actually media tie-in writing done with intentionally low bars to participation (the true answer, I suspect, is that it’s both). Either way, if Alloy Entertainment’s on board, everything’s on the level, so why not.

2. So, on one hand it offers people who write fan fiction a chance to get paid for their writing in a way that doesn’t make the rightsholders angry, which is nice for the fan ficcers. On the other hand, as a writer, there are a number of things about the deal Amazon/Alloy are offering that raise red flags for me.

[. . .]

4. This won’t spell the end of unauthorized fan fic, and I’m very sure of that. For one thing, the Kindle Worlds program says it won’t accept “pornography” which means all that slash out there will still be on the outside of the program; likewise crossover fan fic, so those “Vampire Diaries meet Dr Who” stories will be left out in the cold. And besides that, there will be people who a) have no interest in making money and/or b) don’t write well enough to be accepted into the Kindle Worlds program (there does seem that there will be some attempt at quality control, or at least, someone has to go through the stuff to make sure there’s nothing that’s contractually forbidden). So if this was an attempt to squash fan fic through other means, it’s doomed to failure. But I don’t suspect that’s the point.

Update:

May 21, 2013

Apple and the question of profit shifting

Filed under: Business, Government, USA — Tags: , , , — Nicholas @ 09:23

Tim Worstall explains why both Apple and the Senate Permanent Subcommittee on Investigations can both be correct on the question of profit shifting — because the term’s meaning isn’t consistent:

Apple divides itself, roughly speaking, into two segments. The Americas and everywhere else (not that unusual for a US company, actually). Apple’s point is that it makes profits in the US selling things to people in the US. All profits from doing this pay the full US corporate income tax minus the usual deductions and allowances that every company can take advantage of.

Apple also points out that it makes the majority of its profits selling things outside the US to people who are not Americans. The iPhones are made in China and sold in Europe, just as one example. These profits are made outside the US: and Apple does not bring them into the US. Thus such profits are not liable to US corporate taxation (it is more complex than this but that’s the gist of it).

However, the Senate doesn’t use that commonsense definition of the phrase:

The Subcommittee is agreeing that these are profits made in foreign countries. Profits made by buying something in China and selling it outside the US. These profits are then not repatriated to the US. This is then deemed to be profit shifting.

It’s worth noting what everyone does agree upon.

Apple makes large profits in the US. These pay full US corporate income tax.

Apple makes large profits outside the US. These are kept outside the US and do not pay US corporate income tax.

And so the question becomes, what is the definition of profit shifting? If we take Apple’s definition, that they do not move profits out of the US, then they’re not profit shifting. If we take the Subcommittee meaning then they are. For without the corporate structures that Apple has put in place then those foreign profits would be subject to the US corporate income tax (minus, of course, the foreign taxes already paid).

Update:

Update, the second: The Register‘s report on the Irish side of the “profit shifting” story:

Irish deputy PM: You want more tax from Apple? Your problem, not ours
Póg mo thóin, you crazy Yanks

May 20, 2013

Yahoo’s Tumblr purchase

Filed under: Business, Media — Tags: , , , — Nicholas @ 09:15

Yahoo is spending $1.1 billion to acquire Tumblr:

Despite the breadth and diversity of life online, there are relatively few opportunities to make the kind of acquisitions that make the industry stop and take stock. Yahoo’s $1.1bn deal to buy Tumblr is one of those moments: a bold acquisition that says chief executive Marissa Meyer means business.

Comparisons to Yahoo’s 1999 $3.6bn acquisition of Geocities are too simplistic. In internet years, 1999 is more like two centuries ago and Yahoo is in a completely different place, led by a woman with all the zeal of a convert. Repeatedly passed over for promotion during her previous (another internet lifetime) 13 years at Google, she has an opportunity to do something impressive with Yahoo, which seemed in terminal decline. One venture capital executive told me that during the tenure of Carol Bartz, Mayer’s predecessor once removed, the investors were expecting Yahoo to ditch all but essential staff, focus on core revenue-building products and then rinse the company hard for maximum profit until it ran into the ground.

[. . .]

Yahoo was easy to write off in the tech community because it lacks the cool factor and developer kudos of Facebook and Google. But Yahoo’s power has always been in its more mainstream (though ageing) user base and its powerful display advertising business. Herein lies the key to its Tumblr acquisition. Though the fit with this hipster lite-blogging, photo-heavy platform could seem a little awkward, it makes sense in the context of Yahoo’s ad strategy.

Tumblr founder David Karp has always said its advertising model is based on Twitter’s “the tweet is the ad” principle. That is, that being embedded in a customised, personal flow of information, being relevant to an influential and proactive community is the most valuable and meaningful way of presenting display advertising right now. That makes Tumblr, integrated with Yahoo’s enormous expertise in display advertising, a diverse and demographically important platform for Yahoo that is mobile-heavy and social-focused.

May 19, 2013

Top Three Common Myths of Capitalism

Filed under: Business, Economics, Liberty, USA — Tags: , , , , — Nicholas @ 09:09

Is being pro-business and pro-capitalism the same? Does capitalism generate an unfair distribution of income? Was capitalism responsible for the most recent financial crisis? Dr. Jeffrey Miron at Harvard answers these questions by exposing three common myths of capitalism.

May 18, 2013

The booming market in pre-owned high fashion clothing

Filed under: Business, Economics — Tags: , , — Nicholas @ 08:14

A market I have to admit I was almost completely ignorant about, but it’s poised to become a very busy, competitive market if it can overcome a few hurdles:

There’s been a digital explosion in the market for pre-owned fashion. In the past year, we’ve seen a veritable land grab in the online consignment and resale space with the number of “re-commerce” sites now exceeding 50 — and many more, no doubt, incubating in Silicon Valley, New York, London and beyond. Several market levels are being addressed: mall/high street (Threadflip, Tradesy), thrift (LikeTwice, NiftyThrifty), upmarket (TheRealReal), haute vintage (Byronesque) and boutique (ReFashioner, my own company).

It may seem like these sites are dealing in a mere by-product of the fashion industry. But no, this is the product. Everything that’s bought becomes pre-owned. A tidal wave is building and it has the power to undermine or even destroy. Indeed, the stockpile of merchandise is overwhelmingly vast. I did the math in 2009 for ReFashioner’s beta, a luxury fashion swap site: $880 billion trapped in closets. And that’s just high-end womenswear in the US.

[. . .]

As with flash sales, this inventory is delimited by the retail market. And it’s wayward. The ROI sucks when every SKU is singular and inventory is locked up — literally — in houses. And there’s something of a standoff between buyer and seller: the non-professional seller, accustomed to seeing 100 percent mark-ups in the real world, wants top dollar for her career basics and contemporary designer wear, while the buyer wants Zappos-like service, Etsy pricing and Net-a-Porter merchandising. There are other issues too: resistance to higher ticket items without fittings, sketchy return policies, knock-off trading.

But there’s more. This merchandise is personal. It’s not just a numbers game, it’s about everything fashion means to us. It’s about honouring the past of the clothes and their place in our lives. If this is going to work, we need to add content and context. Idealistic, maybe. But idealism is how things get changed and idealism can work to the advantage of this category.

H/T to Virginia Postrel for the link.

May 16, 2013

The bitter truth is that hops might be ruining craft beer

Filed under: Business, USA — Tags: , — Nicholas @ 15:47

I link to this article with a heavy heart, because I’m a hop-aholic in my beer preferences:

If one of my favorite session beers was too hoppy and bitter for an avid beer drinker — for a homebrewer who is currently brewing beer to serve at his own wedding — what would he think of the famed Pacific Northwest IPAs? Do friends let friends drink only pilsners?

That’s when I realized that I had a problem. In fact, everyone I know in the craft beer industry has a problem: We’re so addicted to hops that we don’t even notice them anymore.

Hops are the flowers of the climbing plant Humulus lupulus, a member of the family Cannabaceae (which also includes, yes, cannabis), and they’re a critical ingredient in beer. Beer is made by steeping grain in hot water to turn its starches into sugar (which is later converted to alcohol by yeast). While the resulting liquid, called wort, is boiling, brewers add hops to tone down the mixture’s sweetness — without hops, beer would taste like Coke.* Recipes usually call for only a few grams of hops per gallon of beer produced, but those little flowers pack a big punch. In addition to their bittering properties, hops impart strong piney, spicy, or fruity flavors and aromas. They also contain antimicrobial agents that act as natural preservatives.

[. . .]

There are a few obvious reasons for hops’ status as the darling of craft brewers. Hops’ strong flavors present a stark contrast to watered-down horse piss, which is how I believe one refers to Bud Light in the common parlance. Maximizing hops is a good way for craft brewers to distinguish their creations from mass-market brands.

So, given all the flavourful goodness of hops, what’s the issue?

… unfortunately hops are a quick way for beginning brewers to disguise flaws in their beer, by using the hops’ strong flavor to overcome any possible off tastes. Do you regret throwing those juniper twigs in the boil? Did you forget to sterilize a piece of equipment and are now fretting about bacteria? Quick! Hops to the rescue!

From a consumer’s standpoint, though, beers overloaded with hops are a pointless gimmick. That’s because we can’t even taste hops’ nuances above a certain point. Hoppiness is measured in IBUs (International Bitterness Units), which indicate the concentration of isomerized alpha acid — the compound that makes hops taste bitter. Most beer judges agree that even with an experienced palate, most human beings can’t detect any differences above 60 IBUs. Sierra Nevada Pale Ale, one of the hoppiest beers of its time, clocks in at 37 IBUs. Some of today’s India pale ales, like Lagunitas’ Hop Stoopid, measure around 100 IBUs. Russian River’s Pliny the Younger, one of the most sought-after beers in the world, has three times as many hops as the brewery’s standard IPA; the hops are added on eight separate occasions during the brewing process.

« Newer Posts — Older Posts »

Powered by WordPress