Real-life “super troopers” in Southwest Airlines prank

Fuerschbach v. Southwest Airlines has to be one of the most fun cases I’ve read in a while…

Several supervisors at Southwest Airlines convinced two Albuquerque police officers to stage an arrest of Marcie Fuerschbach, a Southwest Airlines employee, as part of an elaborate prank that included actual handcuffing and apparent arrest. This was a “joke gone bad,” and turned out to be anything but funny, as Fuerschbach allegedly suffered serious psychological injuries as a result of the prank. She sued the officers and the City of Albuquerque under 42 U.S.C. 1983, alleging violations of her Fourth and Fourteenth Amendment rights. Fuerschbach also asserted claims for various state torts against the officers, the city, her supervisors, and Southwest Airlines.

The full story after the jump…
Continue reading Real-life “super troopers” in Southwest Airlines prank

Is transparency the best policy?

It isn’t illegal to keep secrets. Sometimes, you really have to. Other times, it will get you in trouble. Case in point: the class action against NetFlix.

In late 2003, a Netflix customer named Manuel Villanueva started a website where he documented problems he had experienced with Netflix, a company that provides DVD rentals by mail. He noted that Netflix had violated its agreement to provide him with “unlimited rentals,” by engaging in a practice known as “throttling.”

As a result of this practice, Villanueva says, he was treated worse than other renters who paid the very same price he did — $17.99 – for what was supposed to be, in theory, the same service. In addition, he says, Netflix’s advertising was misleading: Rentals weren’t really unlimited given that Netflix selectively doled out its DVDs.

Now, to be clear, discriminating among customers is usually legal… as long as it isn’t based on race or some other protected status, or in a sensitive type of business like lodging. That’s how airlines get away with charging a walk-up businessman $1,000 for the same seat that would cost an advance purchaser $200. The thing is, just about everyone who buys airplane tickets knows this is the case. From the same article:

The problem [was] that Netflix did not disclose the throttling to consumers up front – and thus arguably misled them as to the service they were purchasing, breaching its agreement with them, as stated in its Terms and Conditions. For this reason, the plaintiff class had a valid claim.

…The plaintiffs in the lawsuit saw equal treatment as a right, implicit in the company’s promise of “unlimited rentals.” And they are correct about this – if a company does not disclose that there are certain limits to the “unlimited” feature, this seems clearly misleading.

Once a company has disclosed its business practices, customers can choose to say or to shop elsewhere. Many Netflix customers retain their accounts – even after throttling has been publicized. Why? They think the service is still a good deal.

One of the few good experiences I had in my law school Contracts class was a simple negotiation simulation. Client A wanted $10,000; Client B didn’t want to pay more than $5,000. We had to pair up and reach a compromise. Once we had all done our separate negotiations, we compared results… and the people who got the most for their clients turned out to be the ones who were most open about what their clients wanted. (As opposed to my partner, who wanted to offer the other side nothing to start out with.)

So the bottom line is, don’t keep customer policies secret. The policies that you “have to” keep secret are often going to get you in trouble once they become public. And at any rate, a major part of keeping people happy is making sure that they don’t feel like they’re getting screwed behind closed doors. Lesson to NetFlix.

Energy Crisis SOLVED

Check this out!

Friday, March 3, 2006

Japanese Scientists Extract Gasoline From Cow Waste

TOKYO (Nikkei)–Once considered useful only for fertilizer, scientists are finding new uses for cow excrement as a result of technological developments.

Researchers at the Tokyo University of Agriculture and Technology have found a way to produce gasoline out of cow waste in a tie-up with the National Institute of Advanced Industrial Science and Technology.

Using metal catalysts, the partners have successfully produced 1.4 milliliters of gasoline out of 100 grams of such waste after applying 30 atmospheres of pressure on it and heating it to 300 C.

The research partners believe a large facility capable of converting cow excrement into a significant volume of gasoline will be in demand from livestock farmers, who have a hard time disposing of the waste. They hope to commercialize such a facility within five years.
Continue reading Energy Crisis SOLVED

Japan’s “travel deficit”

If you follow Japan, you probably know about the “Yokoso! Japan” tourism promotion campaign. There are awesome TV spots featuring Koizumi and posters of creepy-looking foreign people. Japan is desperate to get tourist dollars.

Why? Japan might have a big trade surplus, but in terms of tourism, it exports much, much more than it imports. In 2004, for instance, travel from Japan accounted for $38.3bn in expenditures, while travel to Japan accounted for just $11.3bn, a 3.4:1 ratio. A recent JETRO report characterized this as a “travel deficit.”

Travel to Japan has been increasing over the last few years, while travel from Japan has been stable or slightly decreasing. Deflation in Japan probably has much to do with this; also, Japan has been more permissive about visas in recent years, while other countries have gotten stingier. I wonder if we’ll actually see results from this promotion campaign. My guess is: probably not really.

Codependent OPEC?

“Opec accuses Bush of threatening energy security”

So reads a headline in the Financial Times. One might (wrongly) expect the story to be about the latest barrage of criticism of Bush’s foreign policy in the Middle East. So if it’s not about Iraq, Afghanistan or the Palestinians, what the heck is Opec so upset about?

The Opec oil cartel on Tuesday hit back at President George W. Bush, criticising the US and other consuming countries for pursuing energy policies that threatened energy security and the global economy.

Energy policies that threatened energy security, what?

Here’s an excerpt from the actual Opec statement:

“Alas, uncertainties are compounded by consumer government policies aimed at moving away from oil – moreover, oil from specific global regions – principally, as expressed by such consumers, for security of supply reasons.”

The group argues that the only way to ensure security of supply is by ensuring security of demand.

Is your head spinning yet?

They do have a point. Less demand leads to falling prices and falling revenues for producers, which means there’s less money to invest in new exploration or extraction activities.

Fair enough, but do these people honestly think that more money in the pockets of a few rich oil magnates is going to increase the security of the region? They’ve had plenty of time (during which demand has been rather high, one might add) to stabilze things and the only thing many have managed to accomplish is to worsen domestic inequalities by poorly managing massive oil revenues.

FDI Addendum

This is exactly what I was talking about.

From today’s FT:

Yesterday Italian politicians called for French takeover bids for Italian groups to be blocked, in retaliation for France’s efforts to protect its energy sector.

“There is a risk that over time this dynamic triggers a series of tit-for-tat reactions,” said Mr Casey [of the Centre for European Policy Studies]. “That is precisely how the great depression started: one country after the other erected barriers and finally free trade just ground to a halt.”

I don’t expect a new great depression anytime soon, but let’s hope everyone will soon calm down and come to their senses.

Takara, Tomy Merge, Force Creepy Flagship Characters to Fight to the Death in Thunderdome-like Battle for Supremacy

Just kidding about the fighting part, but get a load of that walking nightmare on the left! I can feel her extracting my soul with her plastic eyes.

(Link on picture goes to Japanese story. English press release here. Takara makes the Game of Life and Tomy specializes in licensed baby toys like Teletubbies and Thomas the Tank Engine)

FDI (not in Japan), Part II

In past posts I’ve been critical of the Japanese government and various forces inside Japan for their sometimes anti-foreign capital mentality. Given a recent spate of similar behavior spanning three regions of the globe, I thought it would be a good opportunity to turn the focus away from Japan momentarily just to show that there is nothing uniquely Japanese about the fear of foreign capital.

As most everyone reading this is aware, Congress is currently outraged over the decision by the Committee on Foreign Investment in the United States (CFIUS) to approve the sale of terminals at six ports to Dubai Ports World. The ostensible reason is, of course, national security. Speculation as to alternative motives (political and otherwise) is rampant, and coming on the heels of CNOOC’s failed bid for the California energy firm Unocal, it is only natural that parallels will be drawn.

Receiving slightly less attention is the French government’s decision to allow Gaz de France, in which the government holds an 80 percent stake, to merge with a privately held energy and water company, Suez. The deal itself would likely not have raised any eyebrows (or tempers) had the announcement not come just days after Italian energy company, Enel, had made a bid for Suez. The government was not at all coy about its intention and much like Congress was quick to play the national security card. According to the NYT:

Speaking at his central Paris office in the presence of his finance minister and the chief executives of the two companies, Prime Minister Dominique de Villepin said the merger was important to protect France’s energy supplies.

“The independence of our country for energy supplies is of strategic importance for France,” Mr. Villepin said. “The merger of Gaz de France and Suez seems the most appropriate solution.”

Last up, we have South Korea, where the government has announced it is considering strengthening measures to protect domestic firms from foreign takeover. The announcement follows a rejected bid for the country’s largest tobacco company, KT&G, by American investors Carl Icahn and Warren Lichtenstein.

These three cases touch upon a fundamentally important question that governments, corporations and private citizens all must consider in a world so intricately interconnected by trade and capital flows.

The global nature of corporate ownership and free flow of capital across borders has made it possible to invest in foreign assets ranging from real estate, to government debt to private equity, the latter of which can result in foreign ownership of domestic firms. Yet, the change in attitudes has failed to keep pace with economic globalization and such investments often incite fierce opposition in countries where it takes place. Sometimes this opposition is motivated largely by xenophobia or ignorance, but one must ask if there are cases where such caution is warranted and indeed necessary.

In some instances the distinction is obvious. There is a clear difference between foreign ownership of a cannery verses foreign ownership of a firm that produces ballistic missile components or some kind of sensitive dual-use technology.

But tobacco? From the scant statements coming out of Seoul, I am inclined to write this one off as a combination of anti-foreign sentiment and a clash of capitalisms, possibly amplified by still smarting wounds from the 1997 financial crisis, which was in part caused by (some would say) hasty removal of capital controls in order to join the OECD.

According to one Song In Ho at Kyobo Investment Trust Management in Seoul:

“It’s still unclear whether Icahn and Lichtenstein are here for a quick profit or are really serious about the takeover.”

I’d say a little bit of both. People out to make a profit are generally pretty serious about it. But few people in Korea would be happy to see these guys come in, hack up the company, drive up the share price and dividends, and then make out like bandits at the expense of the employees — especially since this baby used to be state-owned. On the other hand, and I really hate to sound like Thomas Friedman here, FDI is really a double-edged sword. It can bring with it new and more productive technologies, better management techniques and fresh capital that can really benefit a company (But that still leaves the question of whether the company = shareholders or employees. Let’s save that nasty debate for another post.)

So, how about something like energy?

This one is a much tougher question. For starters, energy is a fungible commodity. Under normal circumstances (by this I mean the moron from whom you import hasn’t cut off the supply, or your country has no outstanding UN embargoes, etc…) as long as the market is functioning properly it is reasonable to expect that as long as one is willing to pay the price the market bears, actually purchasing it should present no problem.

Of course, this might one day change if the world nears the end of its finite supply, no suitable alternative energy technologies have been developed, and governments decide it is to be a game of every man for himself. But for now, even if China buys up oil fields somewhere, should it really matter in the long run? If they don’t get it one place, they can always buy it elsewhere. (The real problem is the growth in Chinese demand, their inefficient usage of energy, and the effect these have on global prices. But let’s save that too for another post.)

As for the French, I think I’ll hold off on judgment until we know a little more. While the Italians have already been throwing around the p-word, there is some evidence that the deal could cut French dependence on Russian gas imports (which recently falls under one of those abnormal circumstances I mentioned above.)

One final and very important consideration to which the above indirectly points is how worrisome are such attitudes? Blocking sales of sensitive assets to foreigners in the interest of national security is an understandable and necessary measure that must sometimes be taken and isolated incidences of such behavior are no real cause for concern. But in the absence of a genuine threat, governments in this day and age should not use national security as a fig leaf to cover protectionist sentiment motivated by xenophobia or a desire to protect inefficient or well-connected domestic industries. In theory, such desires may sound reasonable (especially in election years), but in practice they send the wrong message to would-be investors and that message is: don’t bring your money here. Openness is the very foundation upon which is founded the prosperity of the United States and other developed countries. And it is one potential tool for this prosperity to spread to less-developed economies. Where would Japan or China be today without access to U.S. markets? And for that matter, where would the U.S. be today if it weren’t for Japanese and Chinese access to our government financial markets?

Dodging China as a business plan

Interesting story on the AP wire about Dynamic Internet Technology, a company run by Falun Gong practitioner Bill Xia. Take a look at what it does:

In February 2002, the company started a pilot project with the U.S. government not described on its Web site. The following month, it unveiled a tool that disguises Web sites so they can slip past China’s firewall filters.

Each day, the company sends out e-mail to millions of Chinese Internet users with links to the Web pages of Human Rights in China and the United States-sponsored Voice of America and Radio Free Asia. Visits to the sites jump whenever Chinese citizens perceive a government cover-up, as during the initial outbreak of a deadly respiratory virus in 2003 or the reported shooting of protesting villagers in December.

Over the past three years, the U.S. Broadcasting Board of Governors, which oversees Voice of America and Radio Free Asia, has directed about $2 million to Xia’s company for the e-mail service. The spending also supports technology that continuously changes Web addresses to escape Chinese government shutdowns.

Your tax dollars at work? Well, it looks like the company is driven more by falun than by money.

Xia said despite the government revenue, he depends on his wife’s salary and a team of about 10 core volunteers to maintain a company constantly on the brink of bankruptcy. He also acknowledges his company limits DynaWeb, his company’s main tool, to Chinese-only versions. The company hides it from English-language users for fear they might use it to skirt corporate firewalls at their workplaces.

Wonder if protestors will be firebombing the U.S. Embassy over this. Somehow, I doubt it.