Category: legal | 合法的 | 법률학 | 法的

Legal is defined as everything connected with the system of law within a country or area. The definition Law is a system of rules created and enforced to regulate behaviour, usually it belongs to a country or an area.

Online and innovation have often evolved way in advance of laws and the legal system’s ability to cope.

The emphasis that different systems have produces a number of challenges. China’s systems are locked down under their view of cyber sovereignty to avoid a contagion of western ideas. Yet they and other authoritarian regimes treat the open western systems as a battle space to destabilise other countries and attack their critics.

The US system favours free speech over privacy, which directly clashes with European values. Much of these European values were shaped in the aftermath of having lived under Warsaw Pact era authoritarian regimes.

There is a clash of the ages undertaken over ethics and power and what’s legal. The law offers up more questions and ethical traps than answers. It’s into this legal morass that my posts tend to land, usually at the point of intersection between ethics, the law and technology.

When I started using the web I believed that it was a unique extra-legal space similar to what John Perry Barlow outlined at the start of the ‘web’ as we now know it.  The reality is that the net has already been staked out by businesses that look rather similar to the robber barons of the gilded age. Authoritarian regimes found it surprisingly easy to bend to their will and now sell their expertise around the world.

  • AgXeed + more news

    AgXeed

    Claas acquires share in Dutch robot manufacturer | Irish Farmers Journal – Claas has acquired a minority shareholding in Dutch start-up AgXeed B.V, with the aim of co-operating on the development and commercialisation of autonomous agricultural machines. AgXeed makes robot tracked tractors that look suspiciously like vehicles from the first Terminator movie. Automation like AgXeed is going to become more important in agriculture at labour moves to the cities and farming consolidates. You can see how unskilled factory work is also having to look at automation in the below piece from the South China Morning Post. AgXeed is the flip side of the coin to industrial robotics.

    As China’s working population falls, factories turn to machines to pick up the slack | South China Morning Post – makes a lot of sense for a brand like Midea who needs less precision than say a smartphone assembly line

    Beauty

    What’s driving the Chinese boom in cosmetics for children? | Vogue BusinessIn China, it’s more socially acceptable these days to show individual identity in looks. Parents born in the 1980s or 1990s are less likely to curb their daughters’ interest in beauty products and may even encourage it. The current boom is certainly one to watch: according to data from Kaola, in May 2020, sales in China of children’s cosmetics were up by more than 1,200 per cent year-on-year. Disney’s sales alone were up by 100 per cent over the same period. 

    In China, children’s cosmetics are defined as those for children aged 12 and under. On e-commerce platforms, a quick search for children’s cosmetics brings up dozens of brands and thousands of products, with prices ranging widely. Products are typically sold in sets, including colourful eye shadows, blush, lip gloss, nail polish, compact powder and makeup brushes

    Consumer behaviour

    What Gen Z Really Think And Why You Should Care – GWI – at least the author was thinking about life stages when they wrote this copy

    Energy

    Hydrogen plant planned for Cork but viable market yet to emerge 26 May 2021 | The Irish Farmers Journal – but if there isn’t hydrogen production, there won’t be hydrogen infrastructure and marketplace.

    Hong Kong

    EXCLUSIVE Hong Kong threatens Lai’s bankers with jail if they deal in his accounts | Reuters – “We can now see that any banking relationship you have centred on Hong Kong makes you vulnerable under the national security law – that is going to be a big wake-up call for the wealth management industry here, and their rich clients,

    China’s Communist Party chips away at Hong Kong business houses | The EconomistExpropriations may violate local law. But laws can be changed, as the imposition of new security and electoral rules show. Such an outcome looks “all too believable”, says Mr Blennerhassett. The tycoons thought “they didn’t have to do anything as long as they didn’t question Beijing”, says Joseph Fan of Chinese University of Hong Kong. Now the Communist Party will not even settle for overt expressions of fealty. It appears intent on extracting value, too. – not terribly surprising. The hubris of Hong Kong business people is surprising, even to someone like me

    Legal

    British Business in China: Position Paper – British Chamber of Commerce in China | Beijing – Chinese data protection rules a key issue

    Luxury

    Can Gucci Sell High-End Watches To China? | Jing Daily – “Gucci’s high-priced watches are lacking legitimacy. Real watch collectors will not buy,” Müller concludes. In fact, the expansion into high-end watches may not help Gucci attract new clientele but will undoubtedly enhance the Italian maison’s prestige. As the luxury entry barrier lowers, the brand is required to expand in the high-end sphere to retain its exclusivity and appeal to local high net worth buyers

    Marketing

    The Test Screening That Almost Killed Fast Times at Ridgemont High | Slate – such a great interview, but would you have a cultural moment like that now; or would it be over like yesterday’s news or a TikTok meme?

    Media

    China’s Hottest Livestream Trend: FraudThe episode was a disaster for Li. Her company had paid 200,000 yuan ($31,000) upfront just to secure a spot on the influencer’s show. It had also stocked over 4,000 boxes of shakes, anticipating a sales bonanza. But in the end, they hadn’t earned a single yuan. “Apart from the financial losses, we felt humiliated,” says Li. “All the other employees at the company were whispering that our team was totally fooled.” – ad fraud is universal but this one seems to be particularly shocking

    Technology

    iFixit tells the sad story of how Samsung “ruined” its upcycling program | Ars Technica – “Samsung, like every manufacturer, should set their old phones free. Open up their bootloaders. Let people use their cameras, sensors, antennas, and screens for all kinds of purposes, using whatever software people can dream up. The world needs fun, exciting, and money-saving ways to reuse older phones, not a second-rate tie-in to yet another branded internet-of-things ecosystem.

    Web of no web

    Europe looks to the end of the mobile phone | EE News EuropeThe aim is AR glasses that are wearable all day and weigh less than 60g with a 500mW power consumption. “We can achieve that this year with 1000nits for outdoor brightness, compared to 500nits that needs darkened lenses, and a 30 to 50 degree field of view (FoV) is enough,” he said

    In the end there is a tradeoff in power consumption. The way you build the relay optics is where you lose the field of view. Increasing the field of view means the energy is relayed into the comb of the lenses so the limitation is on the capabilty of the waveguide to have a good colour uniformity across the field of view, and we are working with waveguide makers to get to 60 to 70deg. Today Hololens has 55 degree field of view for example but the military were asking for 85 degrees.” – more related content here.

    US-China tech war: China’s GPS rival BeiDou poised to support industry worth US$156 billion by 2025 | South China Morning Post 

  • Japanese insights & things that made my day this week

    Japanese insights

    Creative Culture ran a roundtable that provided with Japanese insights across brands and consumers. Well worth a watch.

    Key outtakes

    Kawaii or cute occurs in areas that you wouldn’t expect it. From Hello Kitty airlines and maternity wards to Miffy being used to sell mortgage services.

    Japanese newsprint
    Miffy selling mortgage service on a Japanese print newspaper advertisement

    Imagine 2060, more than 40% of Japan’s population will be 65 and older. This changes what market segments look like; no point chasing the latest generation. It will change what marketing will look like and what products will be sold. It would be an exciting time for product designers, creatives and strategists working with local clients who are willing to embrace the opportunity.

    Couple
    Couple by Norimutsu Nogami

    Newsprint and television are still popular media in Japan (and more popular than marketers are willing to admit outside Japan). These media still have a strong influence on consumers and are represented more strongly in the media mix by Japanese companies. In terms of Japanese insights for brand marketers this means that brand building should be less of a challenge from a media investment point of view than it would be in in some western markets or China.

    Japanese Television
    Japanese television by buck82

    Consumers shop daily or every other day. This is because they don’t have enough space to keep their groceries. So there are convenience stories in every neighbourhood. Retailers want to keep minimum inventory, so they receive frequent, small deliveries almost daily. Since there is a rapid turnover this in turn allows innovation around product innovation. Special edition Kit-Kats are the example most familiar to consumers. But you can see different products in the convenience store at different times of the day.

    Family Mart Convenience Store, Harajuku Tokyo, Japan
    Family Mart Convenience Store, Harajuku, Tokyo by MD111

    More Japanese insights here.

    China

    Moving from Japanese insights to Chinese strategy, the Center for Strategic & International Studies discusses what is needed for the west to have a better China strategy.

    Technology

    The Computer History Museum in Silicon Valley, took the opportunity to interview Mark Markkula. Markkula was an engineer and product marketer involved at Fairchild and Intel during the early days. He put in seed capital into Apple and sat on the board until 1997.

    If you watch nothing else on this post, watch this discussion between Stephen King and Jeremy Bullmore at J Walter Thompson. Bullmore ended up as chairman of J Walter Thompson, eventually retiring in 1987. King established the first account planning department in the advertising industry at J Walter Thompson in 1968.

    May of the problems outlined are similar to problems today.

  • Beauty calendars of China + more things

    Chinese beauty calendars

    How China’s Beauty Calendars Defined an Era’s Aesthetics | SixthTone – the history of China’s beauty calendars is the history of China opening up and closing back down again. The beauty calendars aren’t high art or pornography like the Perelli calendar of old. But for the time, they were at the bleeding edge of changing social norms after Mau. The calendars declined when the Xi administration stopped state owned enterprises giving or receiving calendars.

    Business

    ‘Chinese Antitrust Exceptionalism’: a book by Angela Zhang | Chillin’Competition – fascinating read on Chinese corporates the Chinese antitrust system

    Consumer behaviour

    Children Beating Up Robot Inspires New Escape Maneuver System – IEEE Spectrum – children are monsters at times. Really interesting article

    Legal

    Former Tencent employee ordered to pay US$167,000 for breaching non-compete pact after joining TikTok owner ByteDance | South China Morning Post – shocking. I hope ByteDance are picking up the tab for him. I am surprised that he lost, generally these contracts are hard to enforce. Secondly, the case wasn’t in Shenzhen where Tencent would win because that’s where their headquarters are, but in Beijing. Finally, the damages were surprisingly high

    Luxury

    Queen of the Night: One-of-a-Kind Porsche Taycan 4S Artcar by Richard Phillips Blossoms in Switzerland | Automobiles | RM Sotheby’s – Sotherby’s sees this as a direct line descendant of Janis Joplin’s painted Porsche 356; but given that this a brand art collaboration I see it more as a copy of the BMW Art Car project

    Why Gold Watches Are Increasing in Value and Demand – Robb Report – more of a opinion piece on why gold watches are have never had a better change of success than now due to increased market share

    Information security

    The UK Is Trying to Stop Facebook’s End-to-End Encryption  | WIRED – THE UK IS planning a new attack on end-to-end encryption, with the Home Office set to spearhead efforts designed to discourage Facebook from further rolling out the technology to its messaging apps. – Unsurprisingly Patel is using child molestors as its excuse. No words about how metadata and good police work can get around the limitations of encryption. When you take this in account with the new police bill going through parliament, it all looks exceptionally authoritarian in nature

    Suspected Chinese spies cover tracks in efforts to breach Vietnamese government | CyberScoop – more security related content here.

    UK

    Elite wars – The RuffianI understand why campaigners and commentators are upset by Sewell’s tone and by the over-managed press launch. But loudly complaining about this kind of thing while refusing to engage constructively with the arguments of the report seems irresponsibly trivial. After all, what’s at stake here is far more important than a dispute between elites over tone, terminology and media management. Everyone is in agreement that racism is a serious problem in Britain. Shouldn’t we focus our disagreements on what to do about it? – well worth reading the whole article and the reports that it links to. The Conversation covered most of the opposing views high points here: Race commission report: the rights and wrongs | The Conversation 

  • 2021 blogs that inspire me

    I wrote a blog post back in February 2014 that highlighted 40 blogs that inspired me, revisiting this post I decided to write about 2021 blogs that inspire me. But first how did the original list hold up in 2021?

    Original list in 2021

    Name / CategoryDescription
    Analysis 
    Wall Street Journal Corporate Intelligence blogNo longer exists, the link defaults to the Wall Street Journal front page.
    Edge Perspectives with John Hagel– No longer exists
    Monocle MonocolumnMonocle has kept the archive online, but the Monocolumn is no longer updated. It has been abandoned in favour of the Monocle Minute
    Organizations and MarketsOrganizations and Markets have their archive online but wrote their last post in 2016, ten years to the day when they first started writing posts
    Asia 
    AnalectsThe Analects last post was in November 2014
    Asia blogThe Asia Society have a blog which alternates between amazing photography from the region and analysis pieces with an academic / think tank type feel. It is still maintained
    Asian Security BlogStill sporadically posted to by Robert Kelly a Korean-based professor of international relations, it has some interesting posts analyzing the complex relationships across APAC. In 2017, became better known when his children gatecrashed a television interview he was doing via Skype with the BBC
    Bytes of ChinaNo longer available
    China Real TimeThe blog has disappeared and now diverts to the WSJ’s Asian news section.
    ChinaTechNewsChinaTechNews seems to have stopped at the end of 2020
    Hong Kong HustleStopped in 2017, but the archived posts are still available
    Jing DailyAll things luxury sector related in China.
    Jottings from the Granite StudioNow diverts to Jeremiah Jenne’s personal site
    May DailyMay Daily no longer exists
    Scene AsiaNo longer exists, instead it diverts to the WSJ home page
    Business 
    Andy KesslerBlog of the business author and former Wall Street analyst, mostly just posts the copy from his Wall Street Journal articles there now.
    Bronte CapitalAustralian authored blog with some interesting analysis on some of the business stories of the day with a very strong focus on US companies
    Strategyprofs.netThe archive is still available. The last post was written in 2016
    Union Square VenturesA mix of curated content and original analysis by staff from a New York-based venture capital firm
    Design 
    Cool ToolsKevin Kelly’s website which is a spiritual successor to the Whole Earth Catalog.
    designboomGreat new product site which cover product design to architecture products, handy to look through for inspiration
    DezeenSimilar to designboom but more focused on architecture
    IDSA Materials and Processes SectionNo longer active
    Thinking and SharingHasn’t been updated since November 2020
    Ideas 
    BBH LabsRandom assortment of posts from the innovation team at BBH, always something to think about
    ExcapiteIdeas of exploration in the network economy
    PARC blogBlog no longer active
    Insights 
    CEB Iconoculture Consumer Insights BlogMerged into GartnerGroup’s other blog posts
    Creative Culture InternationalNuggets of consumer behaviour insights from around the world
    GfK Insights BlogGlobal market research agency posts based on some of the research they carry out, has a mixed bag of content
    The comScore Data MineNo longer active
    WPP Reading RoomNo longer active
    Online 
    China Internet WatchThink Techcrunch for China
    China Social Media blogNo longer active
    Facebook Developer BlogLess of a pleasure, more of a professional necessity to try and keep with up with the latest developments on the Great Satan of social
    Technology 
    FluxxNo longer running a blog
    Infinite LoopArs Technica’s Apple-focused channel, quality analysis
    Michael GeistCanadian expert on intellectual property and online privacy. Blogs analysis with a North American focus
    Tech-On!Blog no longer published in English
    The WirecutterA ‘best of ‘ website that looks at different technology categories

    What surprised me about the 2012 list is how many blogs covering different aspects of China in terms of the technology scene, culture and online life have disappeared or stopped being updated. Despite the fact that now, more than ever, they are needed.

    Major media outlets have walked back from building blogs based on interest areas or personalities ( like a traditional newspaper columnist).

    By comparison, I have a compiled an exemplar list of inspirational 2021 blogs. I look at more but that would be ludicrously long to compile.

    2021 blogs that inspire me

    Name / CategoryDescription
    Analysis 
    Marginal RevolutionEconomics blog of Tyler Cowen and Alex Tabarrok, both of whom teach at George Mason University
    Naked CapitalismNaked Capitalism is an educated critique of post Reagan / Thatcher Chicago School of economics
    Global Risk InsightsA mix of current affairs and economics from an international team of policy wonks and economists
    LawfareCurrent affairs analysis in association with the Brookings Institute
    ProMarket A curated newsfeed of articles on the intersection of technology, policy and economics
    VoxEUEU focused policy blog under the auspices of the Centre for Economic Policy Research
    Asia
    Asian SentinelAsian Sentinel is edited by a couple of veteran Asia based journalists. The content comes from a number of experts in the region in specialisms such as finance, economics and policy.
    Chosun IlboEnglish language Korean newspaper
    Hong Kong Free PressThe Hong Kong Free Press is an English language online-only new site focusing on Hong Kong
    MetropolisEnglish language online magazine focused on life in Japan – culture rather than policy and news
    Jayne StarsEnglish language blog that collates Hong Kong celebrity news from Cantonese language media. It is was important for me to keep an eye on this when working in Hong Kong. It is also a good way to track the slow death of the Hong Kong domestic media industry.
    Nippon.comOnline magazine ran by the Nippon Communications Foundation
    PingWestChina-based English language site that specialises local technology sector news
    SoraNews24English language version of a Japanese news site that focuses on ‘fun, weird, and intriguing news from Asia, particularly Japan’. It has some great Japanese consumer insight content including retail experiences
    South China Morning PostThe South China Morning Post historically was the paper of record for Hong Kong. It’s medium-to-long term usefulness looks in question with the National Security Act and the Chinese government pressure for Jack Ma to divest media ownership
    Tech in AsiaEnglish language site that is focused on the South East Asian and East Asian technology sector 
    What’s On WeiboEnglish language site that provides insight into the top stories and memes trending on Chinese social media
    The Wire ChinaSubscription-based online Chinese news magazine covering business, policy and economic issues
    HKU Legal Scholarship BlogHong Kong University faculty of law blog on local developments
    Design
    Cool Hunting A mix of the unusual and cool from around the web
    Cool ToolsKevin Kelly’s website which is a spiritual successor to the Whole Earth Catalog.
    designboomGreat new product site which cover product design to architecture products, handy to look through for inspiration
    DezeenSimilar to designboom but more focused on architecture
    Core77Curated design and architecture
    Retro To GoProducts with a retro design and sensibility
    1Granary A magazine focused on profiling designers and artists
    ColossalColossal in their own words – “an international platform for contemporary art and visual expression that explores a vast range of creative disciplines.” 
    Design milkAn online magazine and e-commerce site focused on modern design
    DexignerOne of the OG design blogs started back in 2001
    Retro To Go Retro To Go curates vintage and new products that are retro influenced product designs
    Ideas
    Ad AgedGeorge Tannenbaum is a 40 year creative veteran in the advertising industry. His blog is a mix of smart thinking and ranting about ageism and other isms in the ad industry (there’s a lot of them to rant about)
    AeonAeon is a smart digital magazine run along the same principles as PBS or NPR in the US
    BaekdalManagement consultancy type content on the media industry, primarily aimed at publishers, but useful for ad people like yours truly
    Clot MagazineAn online magazine about art that uses ‘science’ as its media – full of interesting curios
    Creative Culture A mix of academics and consultants covering a wide range of cultural issues. I am never sure what I’ll find here, but it’s seldom dull.
    FuturismCuration of interesting stuff
    Hello FutureFrance Telecom has a blog about the bleeding edge of technology. Alongside the usual 5G flag waving you’d expect from a major mobile network operator there’s some thoughtful content
    Kellogg InsightArticles from the Kellogg School of Management at Northwestern University. Many of which are well written
    KnowledgeArticles written by INSEAD teaching staff and alumni 
    Union Square VenturesVenture capital fund who write about some of the thinking that underpins their investment themes
    Yale University Press BlogA blog that covers the central ideas in the books that they publish. The articles go from current affairs to art, history and science.
    Technology
    Radio Free MobileDespite the name, covers technology and does some interesting business analysis. I really like the way everything is delivered in succinct bullet points
    Semiconductor DigestSemiconductors are the most overlooked, yet important part of technology today. Well worth keeping up with the latest developments here
    Chilling CompetitionAnalysis of the intersection between legal and technology, with a particular focus on anti-trust and competition law
    Tech.euEurope based technology and innovation news
  • Declare ads & things that caught my eye this week

    Declare ads

    YouTuber Tom Scott delves into the marketing industry and laws that force influencers to declare ads. It is worthwhile watching regardless of how involved you are in marketing. Scott points out what he considers to be inconsistencies in the principles of when to declare ads. In particular, he focuses on the role of product placement in film and TV programmes and the way that is handled.

    Future of

    Wired contributor and author of What Technology Wants, Kevin Kelly has spent the COVID lockdown putting together some great talks on YouTube on the future of different aspects of technological progress.

    Kelly’s opinions are usually well thought out and the videos are better than sitting through a few conferences; especially TED conferences.

    SolarWinds

    World Affairs put together a great panel to discuss the recent SolarWinds hack and the impact it has had across both enterprises and governments.

    Celebrity Zoom Bombing

    I was listening to a podcast about a University of Sydney research paper on Zoom based culture building. TL;DR – it doesn’t work unless participation is truly voluntary. Most of them are painful. Lights and Shadows were commissioned to help help promote fun in a company corporate culture. Usually did creative events, but for COVID-19 they had to get creative in Zoom.

    Somehow they managed to get celebrities, or convincing deep fakes to bomb existing Zoom calls.

    Strong Enemy

    The strong enemy is Chinese Communist Party-speak for the United States. China increasingly sees its relationship with the US to lead to eventual war. Xi Jingping has been talking more about the strong enemy in speeches aimed at the PLA to get them ready for inevitable conflict with the US. Sinocism has this great essay on it all.