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.

  • Ten most popular posts of H1 2016

    In order of traffic volume, the ten most popular posts of H1 2016  on my blog (up to the beginning of June):

    1. What are the major reasons behind Yahoo!’s drastic decline – a Quora question inspired post. The reasons I highlight are a bit different to the popular media narrative around the Yahoo! business
    2. How the Panama Papers story broke online – a look at how the story broke across social media and traditional news with data
    3. What the IFTTT is going on? – IFTTT changed the way it approached development which left many service users such as me in the lurch. The key outtake is don’t trust services that you don’t pay for.
    4. Inside Virgin Atlantic’s online racism crisis – how the Chinese diaspora teamed up to highlight a racially motivated incident on a Virgin flight.
    5. On Writing – inspired by a similar post that Stephen Waddington did. We had a contrast of approaches and motivations
    6. The Trouble with Twitter – with growth stalled what does it mean for the social media platform?
    7. Yahoo! how did we get here? – similar post in many respects to to the top-ranking post that highlights missed opportunities
    8. Online advertising and technology data points – this is the April edition of a monthly (or as near monthly updates on statistics that I can do)
    9. The Smartphone Market and Huawei – analysis of Huawei’s consumer business. One can see the impact of smartphones on Huawei’s business. Huawei’s feature phone business was more successful than their smartphone business in terms of profit margin for a good while. Whilst Huawei has aspired to become progressively more  I updated it in a separate post when Huawei published its annual results at the beginning of April
    10. Everyday tools that are a part of my process part one – items that I use in my everyday workflow to create, curate content and brand strategy.
  • Gawker-Peter Thiel in context

    Why do a post about the Gawker-Peter Thiel court case?

    Because the Gawker-Peter Thiel court case marks a step change in Silicon Valley culture and will likely change media practices in new media companies.

    What is the Gawker-Peter Thiel court case?

    Silicon Valley veteran financier Peter Thiel was behind the financing of a court case that Terry Bollea “Hulk Hogan” filed over a sex tape. An extract of the video was published by Gawker Media.
    Hulk Hogan
    What Bollea did was stupid. As a veteran celebrity he must have realised that any kind of compromising position would be a tempting pay check for even his closest friends. The behaviour ran of the risk of endangering any commercial endorsements or media deals that he may have had in place. Usually commercial deals of this nature come with a good behaviour clause – I’ve had these clauses in every celebrity and influencer endorsement I’ve been involved with.

    Bollea does have a family who would be caused considerable embarrassment by his actions. And it could be argued that secretly filmed sex between two consenting adults isn’t really newsworthy or pertinent for public consumption.

    Gawker Media did what growing media empires have done in the past  and conduct ‘yellow journalism’.  Content of a puerile or sensational nature had been the stock in trade of William Randolph Heart, Joseph Pulitzer, Rupert Murdoch or William Aitken (Lord Beaverbrook). It isn’t morally defensible and it isn’t clever, it is an indictment of the audience.

    Gawker did do the public a service, shining a torch on Silicon Valley in a way that hadn’t been done since the early days of InfoWorld’s Notes From The Field column and the book Accidental Empires: How the Boys of Silicon Valley Make Their Millions, Battle Foreign Competition, and Still Can’t Get a Date. The problem was that both of those were pre-smartphone and pre-Internet era portraits of the ‘Valley; back when it really did have foundries manufacturing microprocessors.

    As an external observer and someone who has done PR for similar companies in the past. I would argue that the relationships between journalists and the Silicon Valley technology beat had become sufficiently docile that media didn’t provide the reader with insightful analysis of what was really going on.

    It is the kind of relationship that the US military struggled to have in Iraq and Afghanistan through the embedding process. Instead of MREs and sharing the emotional highs and lows of action; San Francisco journalists got executive access and invites to the same social mixers and conferences.

    Valleywag shook up media practices. Although editorial teams won’t admit it; the likes of Recode, TechCrunch and The Information took note.

    Peter Thiel is the most interesting person in the cast of the Hulk Hogan court room drama. Thiel is known for his wealth and unique take on libertarianism. I won’t go into is Thiel right or wrong as none of the parties including Mr Thiel deserve our unreserved sympathies.  It all just makes me want to re-apply hand sanitiser before using the internet.

    What I find most interesting about Thiel’s actions is the way it signifies a cultural shift in Silicon Valley that I have talked about for a good while.

    It is hard to believe that within living memory San Francisco was a port city with fish canneries that attracted drug addled misfits drawn by everything from its freewheeling culture and access to drugs. The Santa Clara valley to the south was fertile farm land that grew apricots and prunes. Fruit brand Del Monte started right here. The area grew up as Stanford University and the scientific developments of the late 19th to mid-20th century science revolutionised the US military.

    Silicon Valley had a reputation for doing things differently. The mix of academia, counterculture and defence expenditure created a unique culture that evolved over time. The collegiate work environment founded by Bill Hewlett and Dave Packard had much to do with their background in education at Stanford. The HP Way, a set of values guided the company for over 60 years until Carly Fiorina’s tenure as CEO.

    Bob Noyce came to Silicon Valley to do pioneering work at Shockley’s lab. Unfortunately, Bill Shockley’s poor people management meant that Noyce became a last minute member of the traitorous eight and went on to found Fairchild Semiconductor and then Intel. In both of these businesses he founded a relaxed culture that was decades ahead of its time and similar to a modern day worker. If you work in a ‘cube farm‘ rather than offices – you can likely blame that on Noyce. His culture influenced interior design and did away with corner offices.

    Whilst the enterprise software businesses like Oracle and chip companies like AMD mirrored the hard driving sales teams of their East Coast counterparts at IBM; many Bay Area companies were made of something different. Counterculture had seeped into the industry. The hacker culture of sharing software and the transformative nature of technology brought forth the Home Brew Computer Club and a missive from a nascent Microsoft CEO complaining about early software piracy. Steve Jobs had talked about how his LSD experiences had helped him do the things he did at Apple. Wired magazine was founded by former hippies like Stewart Brand and Kevin Kelly. There was a very good reason why The Grateful Dead were one of the first bands with a website.

    I interviewed with a H-P employee back in the late 1990s who told me how had bought his ‘dancing bears’ tie and Jerry Garcia mouse mat from dead.net

    The hippies in Silicon Valley brought their ‘back to the land’ ethos and doing their own thing. It is a form of libertarianism, but not one that Thiel or Uber’s Travis Kalanick would likely recognise as their own.

    This was the libertarianism of the pioneer who ventured westward or the outlaw biker gang that yearned for the same freedom. The key difference is that the hippy technologist build their frontier to carry onwards, not having to worry about the Pacific ocean and instead going to new realms in code and network infrastructure.

    The counterculture ethos could be seen even in web 2.0 products like Flickr which freely allowed customers to move their data or build their own apps on the APIs that the development team used.

    Facebook is a marker in time for when the cultural tone of Silicon Valley changed. The hippies were out and the yuppies had taken over. Brogrammers and zero hour working for ‘Uber for’ applications that provide labour as a service.

    The Gawker court case marks a similar milestone event in Silicon Valley culture. Thiel’s actions brought a number of his peers out in public to support him. Silicon Valley stops sounding like yuppies and more like the titan’s of the gilded age that would brook no disrespect and governed riches in the face of massive inequality. The Bay Area version of the American dream is dead for the secretaries and engineers who will no longer become financially independent on share options.

    Customer service, once seen as a a way into start-ups is now a purgatory. I used to have a client in the late 1990s who worked their way up through a chip company from being in admin when the business was a new start-up to running marketing communications and PR across EMEA in the space of 10 years or so. That progression just wouldn’t happen now, the gilded class have their compliant (if at times resentful workforce) and now want a more respectful media.

    The seeds of destruction are already sown for the gilded class. Innovation has moved East to the other side of the Pacific. Baidu is likely to be a leader in deep learning, driverless vehicles and innovation. The leading drone brand is DJI based in Shenzhen – rather than being designed in California and just assembled in China. Networks infrastructure leader Huawei are showing the kind of smarts marketing Android smartphones that Silicon Valley hardware makers would have had a decade ago.

    Tencent has shown how dangerous it could be with the right marketing smarts. It already has as good software design chops as the Bay Area. Facebook Messenger bots have been on WeChat for years. If you haven’t done so give WeChat a try, just to see what the application looks like.

    A compliant sycophantic media won’t help the gilded class build the financially successful future Silicon Valley in the same way that an inquiring body of journalists could do.

    More information
    The changing culture of Silicon Valley
    Barbarians in the Valley
    From satori to Silicon Valley by Theodore Roszak
    A Declaration of the Independence of Cyberspace
    Tech Titans Raise Their Guard, Pushing Back Against News Media – New York Times
    Those Entry-Level Startup Jobs? They’re Now Mostly Dead Ends in the Boondocks — Backchannel — Medium

  • Google design

    Google design has had a transformative effect on the world. It reminds me of Dieter Rams on the concept of design had said something to the effect of good design being invisible – once you see the product you couldn’t imagine things exist any other way.

    That’s a really good description of the web with Google design. In the markets where it operates (with the exceptions of Czech Republic, South Korea, Japan and Russia) it’s a monopoly. Different regulatory authorities are investigating them for leveraging their monopoly into market domination in other categories.
    urban dictionary on Google SERP
    With SERP (Search Engine Results Page) like this one above, I am not surprised that antitrust authorities are gaining an upper hand. This Urban Dictionary integration seems to cross the boundary from being useful to feature bundling. It deprives Urban Dictionary of an opportunity to put ad inventory in front of its audience. Urban Dictionary makes it’s money from retargeted banner ads and its own customisable merchandise. You can get any phrase in Urban Dictionary with its definition on a coffee mug, coaster set or tote bag.
    urban dictionary SERP
    It would be interesting to see if Google got into some sort of content agreement with Urban Dictionary. However I suspect that they have just gone ahead and done this? More about Google here.

  • Twitter bars intelligence agencies + more

    Twitter Bars Intelligence Agencies From Using Analytics Service – WSJ – I don’t think that this will affect Twitter’s revenue that much. I also don’t think that Twitter bars intelligence agencies will restrict their access to information overall

    China white-box players leaving tablet market and pushing into new applications – focus instead on ‘two-in-one’ device, robots and VR goggles. Expect keener pricing due to competition

    Xiaomi seems kinda desperate for you to get excited about its big new phone – make or break time in China’s tough smartphone market for Xiaomi and its eco-system

    China Exports Stabilized in April Amid Weakness in Currency – Bloomberg – interesting variances in top line take aways from this. Reuters described exports and imports as ‘lower than expected’

    Calls for Reckitt Benckiser boycott in South Korea — FT.com – Korean consumers are forcing supermarkets to withdraw Reckitt Benckiser products from sale.Figures are hard to verify but it apparently due to a company product injuring about 180 women and small children. 103 of them were killed, the rest suffer from horrific lung damage. The active ingredient polyhexamethylene guanidine was found to cause severe lung damage. Kids with oxygen tanks are not what company investors want to see. Back in the UK, the CEO’s pay rise has made more news, the communications team dodged the proverbial bullet. More on FMCG related items here.

    5 latest changes to WeChat Public Accounts – WalktheChat – the ID changes will affect the way teams can effectively manage accounts if working in an agency

    Luxury brands embrace digital storefronts in China, but will they click with buyers? | South China Morning Post

    Getting Next-Gen Messaging based experiences — to work — UX/UI developments, advances and innovation — Medium

    Yahoo investor hits back at ‘patent troll’ critique of activist shareholder Starboard Value – patent trolling is repeatable revenue which is what the activist has

    After The Download: When Apple Turns Off The iTunes Store – When new formats race to the fore it is easy to make the mistake of taking an eye off the legacy formats. This is risky because they usually still account for very large portions of existing revenue

  • Hong Kong crime + more things

    How Hong Kong crime has changed over time, and what that says about the city | South China Morning Post – interesting social changes as reflected by Hong Kong crime. Although this might change with Beijing using Hong Kong crime organisations to influence local politics and opposition through murder and intimidation. More Hong Kong related posts here

    Confusing Google’s self-driving cars — Eightface – I love that hipster practices fuck with the AI of Google’s self driving cars – goes to show that machines don’t have a clue about why fixies either

    The man in the van — Eightface – great story ‘There he is at night, wearing a spelunking headlamp to go with his unkempt beard, writing in his “thought journal” or rereading Kerouac

    US-China Today: China’s WeChat better than Facebook: Advertising CEO – CEO of Havas on CNBC

    Why Olay’s choice of male ambassador for China is a stupid move – Campaign Asia – insightful essay on why male brand ambassadors won’t work well for female orientated brands. Based on a negative perception that Chinese women can be ‘baited and placated with male eye candy

    Google’s Package Tracking Card – great new Google shortcut

    Viber adds end-to-end encryption and hidden chats as messaging app privacy wave grows | TechCrunch – end-to-end cryptography now a hygiene factor

    Hennessy 8 Encompasses the Brand’s History in One Spectacular Bottle | Wine, Spirits & Cigars – the packaging design is nuts, however I can’t see that many being given away in China

    Foursquare Predicts Chipotle’s Q1 Sales Down Nearly 30%; Foot Traffic Reveals the Start of a Mixed… — Foursquare Direct — Medium – interesting trending data despite the source (Foursquare themselves)

    EU’s Google Probe Focuses on Preloaded Apps | WSJ – could allow for greater diversity in Android phone experiences, IF phone manufacturers get their act together. In reality likely to drive more bloatware

    Verizon, Hearst Agree to Buy Complex Media | WSJ – interesting how Verizon are becoming a major media company. Complex makes a great fit to Aol’s blogs business

    Watch: Martin Sorrell on how the industry can deal with ad-blocking | Campaign – interesting comments on Havas (paywall)

    Media Websites Battle Faltering Ad Revenue and Traffic – The New York Times – “In the first quarter of 2016, 85 cents of every new dollar spent in online advertising will go to Google or Facebook, said Brian Nowak, a Morgan Stanley analyst” (paywall)

    Chobani and Yahoo: Yes, Search Ads Really Can Lift Sales | CMO Strategy – AdAge – interesting use of search as brand advertising

    ‘We would not invest further in our UK business’ after Brexit, says Ogilvy global exec Paul O’Donnell | The Drum – an honest assessment

    Korean Drama Gets American Twist With Viki’s ‘Dramaworld’ | Variety – interesting that Viki invested in original content that would feature their target demographic, given that they have built their brand on the ‘otherness’ of hallyu content

    3 Things You Need To Know Today To Better Serve Your Millennial Customers Tomorrow – Forbes – email isn’t the dead medium that others thought it would be

    How to Manufacture Desire — Psychology of Stuff — Medium – I got this via Paul Armstrong