Quotulatiousness

August 19, 2012

ESR on the limits of “lawfare” for Apple

Filed under: Business, Law, Technology — Tags: , , , , , , — Nicholas @ 15:56

To put it mildly, ESR isn’t a fan of Apple’s lawfare approach to competition:

It’s beginning to look like Apple’s legal offensive against Android might backfire on it big-time. Comes the news that Judge Koh has declined to suppress evidence that Apple may have copied crucial elements of the iPad design from prototypes developed by Knight-Ridder and the University of Missouri in the mid-1990s.

Those of us aware enough of computing history to be aware of early work by XEROX PARC and others have always been aware that Apple’s claims of originality were highly dubious. Apple’s history is one of adroit marketing and a facility for stealing adapting ideas from others, wrapping them in admittedly excellent industrial design, and then pretending that all of it originated de novo from the Cupertino campus.

The pretense has always galled a little, especially when Apple’s marketing created a myth that, footling technical details aside, the whole package somehow sprang like Athena from Steve Jobs’s forehead. But it didn’t become intolerable until Apple began using lawfare to suppress its competition.

The trouble with this is that there’s actually a lot of prior art out there. I myself saw and handled a Sharp tablet anticipating important iPhone/iPad design tropes two years before the uPhone launch, back in 2005; the Danger hiptop (aka T-Mobile Sidekick) anticipated the iPhone’s leveraging of what we’d now call “cloud services” in 2002-2003; and of course there’s the the Sony design study from 2006, described by one of Apple’s own designers as an important influence.

If only Apple were honest about what it owed others…but that cannot be, because the company’s strategy has come to depend on using junk patents in attempts to lock competitors out of its markets.

August 14, 2012

Neil Peart interview in Maclean’s

Filed under: Business, Cancon, Media — Tags: , , — Nicholas @ 00:04

He’s in conversation with Mike Doherty on a range of topics including the upcoming Rush concert tour:

Rush’s 20th studio release, Clockwork Angels, hit No. 1 in Canada in June — not bad for a steampunk, progressive rock concept album. Its story, about a young man who flees a land designed to function in perfect mechanical order, reflects the philosophy of drummer and lyricist Neil Peart. Now living in Santa Monica with his wife and daughter, the native of St. Catharines, Ont., is preparing with his long-time bandmates, bassist-singer Geddy Lee and guitarist Alex Lifeson for a concert tour that starts next month. At a Toronto rehearsal studio, he granted a rare interview about musical integrity, freedom and his fight to escape precision.

Q: Thirty-eight years ago you joined Rush, and the next day you went shopping for instruments for your first tour. What are your memories of that time?

A: I remember all of us riding in the truck down to Long & McQuade [a music store in Toronto]. What a young musician’s dream, to say, “Look at those chrome drums. Look at that 22-inch ride cymbal. I’ll have those.” It was one of those unparalleled exciting days of your life.

Q: Did you feel you were embarking on a great, lifelong journey?

A: No, nothing like that. When I was young, my ambitions were very modest. I thought, “If only I could play at the battle of the bands at the Y, that would be the culmination of existence!” And then the roller rink, and you work your way up branch by branch. Whereas if you’re [thinking], “I want to be a rock star” — those kind of people just want to know how they can start at the top, and they’re doomed not even to get to the bottom.

August 12, 2012

The (long awaited) growth in Indian manufacturing

Filed under: Business, Germany, History, India, Technology — Tags: , , , , , — Nicholas @ 08:59

The Economist on the relatively slow development of India’s manufacturing sector:

If India is to become “the next China” — a manufacturing powerhouse — it is taking its time about it. “We have to industrialise India, and as rapidly as possible,” said the country’s first prime minister, Jawaharlal Nehru, in 1951. Politicians have tried everything since, including Soviet-style planning. But India seems to prefer growing crops and selling services to making things you can drop on your foot.

Manufacturing is still just 15% of output (see chart), far below Asian norms. India needs a big manufacturing base. No major country has grown rich without one and nothing else is likely to absorb the labour of the 250m youngsters set to reach working age in the next 15 years. But it can seem a remote prospect. In July power cuts plunged an area in which over 600m people live into darkness, reminding investors that India’s infrastructure is not wholly reliable. And workers boiled over at a car factory run by Maruti Suzuki. Almost 100 people were injured and the plant was torched. The charred body of a human-resources chief was found in the ashes.

Yet not all is farce and tragedy. Take Pune in west India, a booming industrial hub that has won the steely hearts of Germany’s car firms. Inside a $700m Volkswagen plant on the city’s outskirts, laser-wielding robots test car frames’ dimensions and a giant conveyor belt slips by, with sprung-wood surfaces to protect workers’ knees. It is “probably the cheapest factory we have worldwide”, says John Chacko, VW’s boss in India. In time it could become an export hub. Nearby, in the distance it takes a Polo to get to 60mph, is a plant owned by Mercedes-Benz.

The initial demand for a domestic manufacturing base was more political than economic: it would serve to reinforce the newly won independence of India by showing that India could make its own goods rather than importing from the UK or other major manufacturing nations. It was also economic, in that it would provide relatively high-paying jobs for India’s rapidly urbanizing population.

Ironically, now that the manufacturing sector seems to be on the upswing, the one thing it isn’t going to do for India is provide lots and lots of jobs: as with the rest of the world, manufacturing “things” is being done with fewer workers every year (even when the total output increases, fewer workers are needed to produce that output).

August 7, 2012

Chick-fil-A and the same-sex marriage debate

Filed under: Business, Media, Politics, USA — Tags: , , , , , — Nicholas @ 09:31

Sean Collins at sp!ked:

As welcome as it was to see many stand up for free speech, the focus on First Amendment rights missed the bigger picture. While making principled references to Voltaire, these critical liberals were still using the Chick-fil-A issue to expand the definition of what it means to be ‘homophobic’, so that it now includes the mere utterance of support for traditional marriage. It is noteworthy that Chick-fil-A does not discriminate on the basis of sexual orientation — it has gay employees and it serves gay customers. A franchisee in Chicago has held fundraisers for gay and lesbian groups.

Advocates for same-sex marriage want expressions of support for traditional marriage to be considered beyond the pale and unworthy of debate. It is amazing how fast this issue is moving. Three months ago, Obama was against same-sex marriage — is anyone who espouses that view today now anti-gay and ‘repugnant’? Obama launched his political career in Chicago — was he out of line with ‘Chicago’s values’ until his conversion to the gay-marriage cause 90 days ago? Same-sex marriage has been voted down in all 31 states where it was on the ballot, including in California — are these states filled with ‘bigoted and homophobic’ people?

Millions of Americans, including many CEOs, do not agree with same-sex marriage. But it is clear that Chick-fil-A’s CEO has been singled out because his restaurant chain fits a Culture War stereotype held by many coastal liberals: a Southern-based establishment led by Christians and frequented by ‘backward’ people. It is revealing how pro-gay marriage protesters took the opportunity to condemn Chick-fil-A customers for committing another of today’s sins — being obese. As the New York Times reported, some protesters held signs with ‘warnings that those chicken sandwiches contain a lot of fat and cholesterol’. Dan Turner of the Los Angeles Times helpfully pointed out that ‘a fairly typical meal — a deluxe chicken sandwich with medium waffle fries, a medium Coke and a fudge brownie — contains about enough calories and fat to support a Tunisian village for a week’. The ease with which commentators went from attacking a certain group of people for their beliefs on marriage to attacking them for their eating habits told us a great deal about the elitism that is fuelling the gay-marriage issue.

August 5, 2012

Tolerance Is Different From Approval

Filed under: Business, Food, Law, Liberty, USA — Tags: , , — Nicholas @ 00:09

In his Forbes column, Tim Worstall explains his puzzlement over the ongoing Chick-Fil-A uproar in the US and why tolerance is not the same as approval:

As to the basic point about gay marriage I can only offer my personal opinion: all for it. On the grounds that everyone’s going to understand the miserableness of us middle aged heteros a great deal better after 20 odd years of societally enforced monogamy. Slightly more seriously gay marriage or not gay marriage has little to do with a business column.

What does have to do with a business column is that this whole idea of a market means that we don’t have to care about the personal beliefs of either those who supply us or whom we supply. It’s the very impersonality of market exchange that means that it just doesn’t matter a darn what anyone’s sexual (or indeed any other) preference is. We get to care only about whether it’s a good chicken sandwich or whether the customer has enough money for one.

[. . .]

The other point that occurs to me is that we seem to be separating tolerance from approval in a way that some in the US are not.

Just as background, in the country I live in, Portugal, there is as far as a legal marriage ceremony goes, only civil marriage. Any two consenting adults, in whatever mixture of genders and sexes makes sense to those two individuals, can be married by the State. Religion doesn’t even get a look in.

If you do want a religious marriage, according to the rites of a church, then off you go after your civil marriage and have one. That marriage will be limited by whatever that church decides the limitations upon marriage are. It has no legal effect at all.

At which point everyone tolerates gay marriage but no one demands approval of it. For the two are different. Tolerance being the necessary requirement for a free and liberal society: that you get to do what you want to do as long as everyone else is also given the same freedom to follow their path from cradle to grave. Approval is something else again. I, to take a very trivial example, certainly tolerate the existence of Simon Cowell and his shows but that doesn’t mean that anyone can demand that I approve of them.

August 3, 2012

How “you didn’t build that” strikes at “Bourgeois Dignity”

Filed under: Books, Business, Economics, Liberty, Politics — Tags: , , , — Nicholas @ 00:05

Virginia Postrel explains why President Obama’s “you didn’t build that” gaffe has lasted so long when usually politicians’ gaffes barely last a single news cycle, by outlining the arguments of a recent book by Dierdre N. McCloskey:

The president’s sermon struck a nerve in part because it marked a sharp departure from the traditional Democratic criticism of financiers and big corporations, instead hectoring the people who own dry cleaners and nail salons, car repair shops and restaurants — Main Street, not Wall Street. (Obama did work in a swipe at Internet businesses.) The president didn’t simply argue for higher taxes as a measure of fiscal responsibility or egalitarian fairness. He went after bourgeois dignity.

“Bourgeois Dignity” is both the title of a recent book by the economic historian Deirdre N. McCloskey and, she argues, the attitude that accounts for the biggest story in economic history: the explosion of growth that took northern Europeans and eventually the world from living on about $3 a day, give or take a dollar or two (in today’s buying power), to the current global average of $30 — and much higher in developed nations. (McCloskey’s touchstone is Norway’s $137 a day, second only to tiny Luxembourg’s.)

That change, she argues, is way too big to be explained by normal economic behavior, however rational, disciplined or efficient. Hence the book’s subtitle: “Why Economics Can’t Explain the Modern World.”

[. . .]

McCloskey’s explanation is that people changed the way they thought, wrote and spoke about economic activity. “In the eighteenth and nineteenth centuries,” she writes, “a great shift occurred in what Alexis de Tocqueville called ‘habits of the mind’ — or more exactly, habits of the lip. People stopped sneering at market innovativeness and other bourgeois virtues.” As attitudes changed, so did behavior, leading to more than two centuries of constant innovation and rising living standards.

I’ve read McCloskey’s book and plan on reading the next one too. Earlier mentions of Bourgeois Dignity are here and here.

July 30, 2012

QotD: Playing “The Last Post” over the notion of Apple’s innovation

Filed under: Business, Quotations, Technology — Tags: , , , , — Nicholas @ 00:02

This isn’t speculation — an Apple employee copied Sony’s design, circulated it to his bosses, and testified to these facts in court.

From now on, when anyone heaps phrase on Apple’s design excellence and superlative innovation, just point and laugh. Some of us have been saying for years that what Apple is really good at is ripping off other peoples’ ideas and stealing the credit for them with slick marketing. This, right here, is the proof.

Eric S. Raymond, “The Smartphone Wars: The iPhone Design Was Inspired by Sony”, Armed and Dangerous, 2012-07-29

July 28, 2012

Matt Gurney: The LCBO and the “social responsibility” joke

Filed under: Business, Cancon, Government, Health — Tags: , , , , , — Nicholas @ 00:08

Following-up yesterday’s post on the call to break up the LCBO’s monopoly, Matt Gurney points out that the “social responsibility” claim is a farce:

It’s impossible for the LCBO to really pretend that its primary goal is to prevent Ontarians from drinking when it advertises heavily in print and broadcast media and has periodic sales and events to introduce consumers to new products. You’d think that would be enough to kill the social responsibility argument, but apparently not.

But there are plenty of other things that do. If Ontario believed that it had a social responsibility to directly control the sale of potentially harmful and addictive substances, why are cigarettes sold in every convenience store, milk mart and gas station in the province? Cigarettes kill an estimated 13,000 Ontarians every year. It’s completely inexplicable that this deadly substance can be sold by non-government monopolies while less lethal substances are tightly controlled under the banner of social responsibility. If the only way to ensure that alcohol is consumed in a socially responsible way is to have the province control its sale, why doesn’t that apply to tobacco? What about the two products is different in such a way that makes one OK for convenience stores and one not? This is the unanswered question that drives a stake through the heart of the social responsibility argument. Either the booze controls aren’t about social responsibility or the province is massively dropping the ball on the smokes. Which one is it, guys?

And it’s not like Ontario is somehow blind to the problem of smoking. During the tenure of Premier Dalton McGuinty, the province has cracked down on smoking in any number of ways, including but not limited to outlawing smoking in restaurants and bars (even those with specially ventilated smoking areas), making it illegal to smoke in a car containing a child (including, memorably, even if the child is a teenager who is also smoking), and forcing convenience store owners to cover up their cigarette displays, lest a child see a brightly coloured box and become a tobacco addict by default. All of these steps clearly demonstrate that Ontario is aware of, and concerned about, smoking. Yet I can still buy a pack at my local convenience store. Hmm.

July 27, 2012

The Ottawa Citizen calls for breaking up the booze monopolies

Filed under: Business, Cancon, Government, Wine — Tags: , , , , , , — Nicholas @ 13:16

Ontario has an odd relationship with alcohol sales. Beer sales are controlled through a protected monopoly (The Beer Store, formerly known as the Brewer’s Retail), while liquor sales are mostly through the government-owned LCBO stores. There are a few exceptions: Ontario wineries are allowed to sell wine at the winery, and craft brewers can also do retail sales at the brewery. Certain privileged large wineries are allowed to sell their own products (not all of which are actually Ontario wines) through a limited number of retail stores, usually co-located with grocery stores.

An editorial in the Ottawa Citizen makes a good case to blow up the current system and take the government out of the retail sales market altogether:

There are two main arguments defenders make for protecting the LCBO from any more competition.

The first is that only a government-operated retail chain can keep alcohol out of the hands of children. That argument is so weak it barely deserves a response, yet it never seems to die. As mentioned above, private operators already sell alcohol, and must follow the rules. Corner stores sell cigarettes, which also have strict rules governing the age of the purchaser. And private stores are already selling alcohol under the LCBO banner, especially in areas where the population doesn’t justify a stand-alone LCBO store.

Under a good enforcement regime, with stiff penalties for non-compliance, private operators have every incentive to follow the rules.

The second argument is that the LCBO is a money-maker for the government, so most private-sector competition must remain illegal.

It’s an honest argument, but that’s about all it has going for it. Would we allow the state to tell private store-owners that they couldn’t sell, say, chairs, or T-shirts, because the government needs to corner that business?

The government should have the power to tax. It should have the power to restrict sales to minors, and set rules to enforce that. It should not have the power to elbow Canadians out of certain industries. Not only is this an unjustified use of the powers of the state, but it reduces competition, and the innovation that accompanies competition.

Marni Soupcoff agrees with the Citizen‘s editorial stance:

The Beer Store and the LCBO do a decent enough job that most Ontarians don’t get more exercised about their forced dominance than grumbling a bit here and there. That’s a shame because the anti-competitive nature of the laws keeping beer and wine out of grocery and convenience stores is truly antithetical to a free society, particularly when the health and safety concerns are so bogus. The laws also end up having the pernicious consequence of conditioning Ontarians to expect their government to limit their consumer choice, and businesses their freedom, which makes us more likely to accept further encroachments down the road.

That’s an abstract argument on which to base a campaign for a policy change. The better talking point might be the one U.S. libertarian writer Jacob Sullum raised last year in article about state liquor monopolies: if they were really that good at serving customers, they’d have no reason to exist. The point of government retailing alcohol is supposed to be to make the nasty stuff less accessible. If the government retailer is putting out glossy magazines glorifying the joys of wine and food pairings and offering fancy tasting rooms and convenient store hours, hasn’t it defeated its own (dubious) purpose? In the LCBO’s case, it seems particularly absurd that a marketing director in charge of “Food & Drink & Visual Merchandising” gets paid almost $140,000 a year to entice customers to consume a product deemed too dangerous to be sold in a Sobey’s.

July 18, 2012

Who Exploits You More: Capitalists or Cronies?

Filed under: Business, Government, Liberty, Politics — Tags: , , , , — Nicholas @ 09:48

July 17, 2012

Ending supply management

Filed under: Business, Cancon, Economics, Food, Government — Tags: , , , — Nicholas @ 09:00

In the Globe and Mail Economy Lab, David Bond explores equitable ways to compensate farmers who will lose out if-and-when the federal government abandons the supply management system:

The quota was originally given out for free, therefore farmers or their direct successors still in the business would receive nothing for their original allocation and then 90 per cent of whatever they paid at the time they acquired additional amounts of quota.

Why only 90 per cent? Well having quota allowed the holders to earn returns on their investment well in excess of the returns that could have been earned in alternative forms of farming. Having enjoyed for more than 40 years these superior returns thanks to their ability to persuade government to protect them from competition it’s time they “enjoyed” some of the costs they foisted upon Canadian consumers.

While the potential beneficiaries of this compensation may complain of shoddy treatment they evidenced little sympathy on the costs they passed on to the consumers much less the harmful impact they had on potential exports of other agricultural and non-agricultural exports because government refused to modify supply management during trade negotiations.

July 16, 2012

Toronto edges cautiously toward allowing wider range of “street food”

Filed under: Bureaucracy, Business, Cancon, Food, Government, Health — Tags: , , — Nicholas @ 13:14

Matt Gurney in the National Post on Toronto’s inch-by-glacial-inch move toward allowing a bit more variety in the foods street vendors can sell:

Last week, Toronto City Council approved hot dog vendors to sell an expanded variety of foods. The expanded list is still far from expansive. Veggie sticks, fruit salads and bagels with individually packaged butters are about the extent of the street food revolution in Toronto. Even these baby steps are progress, though — they follow the total failure of Toronto’s A La Cart program, which tried to expand the city’s food options to include more “ethnic” fare. The program, which should go down in history as the most botched effort the city has ever made, is Prosecution Exhibit A for those who believe that governments only exist to screw up things that really aren’t all that complicated.

But the city’s concern about street food, though overwrought and frankly embarrassing, at least comes from an honest place — concerns about spoiled food or improper preparation hurting public health. But Toronto has always missed the point. The public is protected when governments monitor outcomes and harshly punish failures, not seek to control process. Health inspections are an entirely reasonable part of the government’s job, with street food as much as any industry. And it seems that Toronto, while fretting about what food vendors might be doing wrong, hasn’t exactly been doing a bang-up job of its own responsibilities.

Hard though it is to imagine, other cities — even other Canadian cities — somehow manage to have all sorts of tasty treats for sale by food trucks, carts, and temporary kiosks without civilization crumbling.

July 13, 2012

Questioning the accuracy of official Chinese economic figures

Filed under: Business, China, Economics, Government — Tags: , , , — Nicholas @ 09:50

Yes, we’ve heard this several times before, and for good reason:

China’s relatively mild slowdown in the second quarter has reignited a controversy about whether its official statistics can be trusted.

Chinese growth edged down to 7.6 per cent in the second quarter from 8.1 per cent in the first quarter, and analysts said the momentum in June, from stronger bank lending to rising investment, pointed to a rebound in the second half of the year.

But rather than delivering reassurance, the numbers instead provoked questions about whether the reality is worse than the government is letting on.

Economists with Barclays noted that a deceleration in industrial production was consistent with 7.0-7.3 per cent growth. Analysts at Capital Economics said that the true figure was probably closer to 7.0 per cent.

[. . .]

Doubts about Chinese data have a fine pedigree. Li Keqiang, who is widely expected to succeed Wen Jiabao later this year as premier, confided to U.S. officials in 2007 that gross domestic product was “man made” and “for reference only”, according to a diplomatic cable published by WikiLeaks.

Earlier posts on the Chinese economy are here.

Nice little racket some Toronto stores have set up

Filed under: Business, Cancon — Tags: , , , — Nicholas @ 00:13

Charge your customers 5 cents per bag, beat them over the head with the message that the money goes to “charity”, then pocket the profits:

Another customer, who requested anonymity, said she now boycotts Loblaws, Shoppers and PharmaPlus. When Loblaws started selling plastic bags, she said it led to poorer customer service like cashiers refusing to pack her groceries.

“A bag was a courtesy given for shopping in the store and also a way for the store to advertise by putting their logo on the side of the bag,” she said in an email.

She also detests the World Wildlife Fund, which Loblaws funds with bag sales.

Metro spokeswoman Marie-Claude Bacon said Metro buys each bag for about 2.5¢. Most retailers won’t say how much plastic bag revenue flows to charities. Even when they do give, they recoup 33¢ of every donated dollar, Al Rosen, a forensic accountant, points out.

And he adds: “Overall, there are some who are being honest about increasing their donations and there are others who are just taking advantage of plastic bag thing to find another way of making the same donations as they previously made.”

July 11, 2012

Crony Capitalism: the issue that unites the Tea Party and the Occupy movement

Matthew Mitchell at the Mercatus Center:

Despite the ideological miles that separate them, activists in the Tea Party and Occupy Wall Street movements agree on one thing: both condemn the recent bailouts of wealthy and well-connected banks. To the Tea Partiers, these bailouts were an unwarranted federal intrusion into the free market; to the Occupiers, they were a taxpayer-financed gift to the wealthy executives whose malfeasance brought on the financial crisis.[1] To both, the bailouts smacked of cronyism.

The financial bailouts of 2008 were but one example in a long list of privileges that governments occasionally bestow upon particular firms or particular industries. At various times and places, these privileges have included (among other things) monopoly status, favorable regulations, subsidies, bailouts, loan guarantees, targeted tax breaks, protection from foreign competition, and noncompetitive contracts. Whatever its guise, government-granted privilege is an extraordinarily destructive force. It misdirects resources, impedes genuine economic progress, breeds corruption, and undermines the legitimacy of both the government and the private sector.

[. . .]

… regulations can be especially useful to firms if they give the appearance of being anti-business or somehow pro-consumer. Regulations are often supported by strange bedfellows. Bruce Yandle of Clemson University has studied the phenomenon extensively:

The pages of history are full of episodes best explained by a theory of regulation I call “bootleggers and Baptists.” Bootleggers … support Sunday closing laws that shut down all the local bars and liquor stores. Baptists support the same laws and lobby vigorously for them. Both parties gain, while the regulators are content because the law is easy to administer.[25]

The moralizing arguments are often front and center in regulatory policy debates, while the narrow interests that stand to benefit from certain regulations are much less conspicuous.

« Newer PostsOlder Posts »

Powered by WordPress