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.

  • Web response times & things this week

    Web response times

    I have been working with colleagues on a point of view that is impacted by web response times. During the research aspect of this work I came across this video by Jakob Nielsen which explained web response times really well.

    Web response time resources

    Ralph Bakshi

    I might have mentioned once or twice how I like Ralph Bakshi’s fantasy films: The Lord of The Rings, Wizards and Fire and Ice. Bakshi used rotoscoping in ways that other directors have never managed to provide a unique animation experience that modern technology can’t beat.

    Forging Through the Darkness talks about Bakshi’s career

    Bakshi was making his DIY career back before computers or social platforms. Watching this film and seeing Bakshi’s punk-like attitude makes your Tik-Tok efforts seem lame by comparison. Secondly, a lot of the early opportunities that Bakshi got in animation are no longer available as the work would have been outsourced to India, China, Taiwan or Vietnam.

    The second film places Bakshi’s role in the animation in terms of the parallel track it takes to the New Hollywood movement that came to the fore in the early 1970s and finished with Heaven’s Gate.

    I was watching Nausicaä Of The Valley Of The Wind with a friend over the weekend and saw some visual similarities to Bakshi’s Wizards. According to IMDB Nausicaä Of The Valley Of The Wind was produced in 1984, some seven years after Bakshi’s Wizards.

    Japan population decline and relationship with the city

    Open culture have an article on the ghost towns of Japan. While Tokyo feels as busy as ever. There are small towns and rural areas that have become depopulated.

    I love the video made of a man who has turned a school building that no longer has children into a hostel, café and jam space for bands.

    While we’re on Japan. The 2002 documentary Tokyo Noise looks at how different Japanese artists experience, understand, interact and are inspired by Tokyo. It also covers a diverse range of issues including robotics and Shintoism.

    More Japan related content here.

    Are you scared yet, human?

    Panorama ran a documentary that feels like Adam Curtis doing a programme for the BBC’s Horizon series that explores the area of machine learning. You can argue about the content of the film, but it has provided a base level of understanding on the area to the general public. Politicians watching this show will feel as if they are industry experts as the closing credits roll; instead of viewing it as a starting point for wider reading. I think that this might set the tone in terms of regulation for many years to come.

    It misses AI winters and the fact that the technology is only ‘smart’ in very narrow areas. For instance, understanding content and autonomous driving both have their stubborn problems. It misses the fact that what we see now is based on thinking coming out of Canadian academia in the 1980s, that hasn’t been moved on much further.

    https://youtu.be/P1VKB0u86Qs

    As cryptocurrency has shown there are physical limits to how much computing power that can be thrown at a machine learning problem.

    Technology is a threat in the hands of authoritarian regimes. A classic example of this is the relationship that the Nazis had with IBM.

    Finally, I will leave you with a nicely done public safety video coming out of Denmark about the need for wearing helmets when riding a vehicle (or a horse).

  • George Gilderism + more things

    George Gilderism

    An interesting debate on what I would term “George Gilderism” of the techno-utopia is just around the corner versus the concern that innovation is slowing. George Gilder is the author of Telecosm; which encapsulated techno-utopian optimism at its peak in the mid-1990s; just as the web was coming into its own. ‘George Gilderism’ has since been brought to issues such photo and video imaging through to a blockchain based web.

    I’ve been making my way slowly through The Rise and Fall of American Growth which makes a convincing argument against ‘George Gilderism’. Stewart Brand in his work The Whole Earth Discipline makes a tepid case for ‘George Gilderism’. Kevin Kelly’s What Technology Wants suggests that technological progress almost has a will to happen. And that will or technium as he puts it is running at increasing cadence which seems to counter the idea of slowing innovation. Kelly doesn’t make a compelling case for ‘George Gilderism’ either, technological progress brings its own problems. Innovation runs at different speeds at different times, in different fields.

    Here’s Intel executive Stacy Smith on what would have happened to the car industry if it had been able to reap the benefits of innovation in the same what the semiconductor field had:

    If you apply the same metric to something like gas mileage, it says you could drive to the sun from Earth on a single gallon of gas.’

    If there were a Moore’s Law in the car industry, you could drive to the sun on a gallon of gas – MarketWatch (April 1, 2017)

    Noah Smith makes the case for optimism here: Answering the Techno-Pessimists (complete) – Noahpinion and the Applied Divinity Studies blog makes the case for the great stagnation – Isolated Demands for Rigour in New Optimism | Applied Divinity Studies

    Finance

    The rise of crypto laundries: how criminals cash out of bitcoin | Financial Times – so it’s a threat to offshore financial industry? There are so many things wrong with cryptocurrencies, but this seems like an odd flaw to pick on.

    Share price ‘pop’ in US IPOs falls by half | Financial Times – this could be a good thing, as it shows that IPOs are closer to being optimally priced rather than management teams leaving a large amount of money on the table

    FMCG

    Nestlé document says majority of its food portfolio is unhealthy | Financial Times – they’re ok in moderation, but this will bring in a lot of shareholder pressure

    Ideas

    We Need More Public Space for Teen Girls – Bloomberg – “We had nothing to do and there was nowhere to go. So we’d go and hang out on the swings in the early evening and chat as the light slowly faded into dusk. It was better than sitting around at home.” – but why are spaces failing now where they didn’t in the past? I talked this through with a few friends of both genders who thought it odd. It sounded more like a law enforcement issue around public safety than a space issue. I could see an argument for a safe online space, for girls, boys and everyone in between – but that comes with its own complexity. I thought that the problem was that kids are the PlayStation generation or have their lives stuffed with activities by middle class parents.

    BUSINESS: Warren Buffett sinks climate measure, says world will adapt – www.eenews.net – completely missed this when it originally came out. On a related note I was listening to a podcast interview with Niall Ferguson promoting his book Doom and he mentioned that we have seen remarkably little volcanic activity over the past 200 years. When that picked up again, we could be dealing with global cooling. (This also explains why when I was a kid; the concern wasn’t global warming, but a new ice age). But even at that time, although the media missed it; the general consensus that carbon dioxide causing global warming was a bigger effect than short lived particles in the air reducing sun and causing global cooling. Even Richard Turco’s A Path Where No Man Thought which posited the idea of a nuclear winter has been proven wrong in subsequent analysis. There may be some cooling effect but not the kind of effect envisaged by massive nuclear conflicts.

    Xi Jinping on external propaganda and discursive power – China Neican 内参 – aka more and better Wolf Warrior. It was interested that this was misinterpreted by many people as a softening in tone by China. The reality is that the CPC views everything in terms of struggle, which is means their strategic approach is like a ratchet. It was interesting to read alongside the below article in The Spectator

    China is not as strong as it appears | The SpectatorThe truth is that China is not as strong as it appears. As the Stanford scholar Elizabeth Economy points out, the country spent $216 billion on domestic security in 2019 — three times its expenditure of a decade before, and even more than what it spends on the People’s Liberation Army. Yet if Beijing’s internal problems continue to get worse, it will fall back on nationalism as a source of legitimacy. This will not be a comfortable experience for the West. ‘Communist China is bad, Han nationalist China will be worse,’ – the party is already validated by Han nationalism and has been a good while, so this worst case scenario is already here.

    Intellectual property

    Maine man sues his company, claiming it allowed Chinese access to US trade secrets | War Is Boring

    Luxury

    Busan’s Rich Have Only Malls to Spend Money on – The Chosun Ilbo

    Marketing

    Miller Lite, New Balance team up on ‘dad shoe’ beer koozie | Marketing DiveThrough the Shoezie, Miller Lite is hoping to appeal to the middle-aged men who represent an important cohort of beer drinkers and those who embrace dad fashion, which has become a trend as consumers retro looks. New Balance’s 624 Trainer — the model on which the koozie is based — is referred to as the classic “Dad Shoe” in the announcement. DDB San Francisco organized a modeling session for the Shoezie in which dads were placed in typical dad scenarios, such as cleaning the garage and searing a steak. By combining these elements of dad culture, Miller Lite is taking a lighthearted, relatable approach to Father’s Day

    Modern brands have forgotten that good ad slogans work (rest and play) | Business | The TimesLloyds Banking Group, Pepsi and the food division of Marks & Spencer have brought some or all of their marketing in-house, partly as a cost-saving exercise. But partly, as Richard Warren, Lloyds’ head of marketing, claims: “No one can write in ad agencies any more.” Ouch. – So much here in factors causing this move. Relentless cost cutting has reduced agency talent bench, if you’re 40 you’re done. Agency focus on disruption and innovation over craft because of the media buying profits offered from online.

    Retailing

    How the Depop generation thinks | Vogue Business – so a lot of similarities with earlier generations at their age then. the Etsy acquisition of Depop is more about consolidating crafting and thrifting rather than a generational play per se.

    Tymbals – The edge @ ROI – The latest wonder to be rolled out of Nigel Scott’s RoboVC investment model. The DTC Dropship Arbitrage for evaluating the relative efficiency of eCommerce biz models

    Security

    Polish trial begins in Huawei-linked China espionage case | Reuters – Huawei, which fired Wang after his arrest but has helped finance his legal fees, told Reuters in a statement last month that its activities are “in accordance with the highest standards of transparency and adherence to laws and regulation.” – some interesting bits in the article. First of all, Huawei picking up a good deal of the legal fees for an employee that they ‘fired’. Secondly, Wang was interested in tapping of military optical fibres in Poland, which hints at technology theft and the depth of military and intelligence alliance between Russia and China

    Technology

    Huawei’s HarmonyOS: “Fake it till you make it” meets OS development | Ars Technica – All the evidence points to HarmonyOS being built on top of Android; but with Android mentions removed. Knowing Huawei they are probably violating GPL as well

    RISC vs. CISC Is the Wrong Lens for Comparing Modern x86, ARM CPUs – ExtremeTech

    Telecoms

    Bandwidth Boosts Could Help Unclog Space Communications | EE Times 

    Web of no web

    Killer drone ‘hunted down a human target’ without being told toThe March 2020 attack was in Libya and perpetrated by a Kargu-2 quadcopter drone produced by Turkish military tech company STM “during a conflict between Libyan government forces and a breakaway military faction led by Khalifa Haftar, commander of the Libyan National Army,” the Star reports, adding: “The Kargu-2 is fitted with an explosive charge and the drone can be directed at a target in a kamikaze attack, detonating on impact.” – At the start of my agency career, autonomous software agents would aid the consumer. I had a German dot com client called DealTime who had a Windows-only app for consumers. It would go out and find the best price on the web for items that they where interested in and keep an eye on those prices over time. Now we have Amazon and suicide drones.

  • 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.

    Copy of First Day of Kindergarten 014
    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.

    Cindy - Texture2
    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.

    https://flic.kr/p/bXjrJ
    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