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

ア・ミリオン・リトル・ピーシーズ Japan Version?

I remember reading about this book when it first came out and I actually considered picking up a used copy.

From Chris Kohler’s GameLife column at Wired:

I just finished up reading Wrong About Japan, a travel memoir by novelist Peter Carey about a trip he took to Japan with his anime- and manga-obsessed son. It’s a short book, mixing the dubious results of Carey’s interviews with anime directors with the story of his ever-changing relationship with his oh-so-typically withdrawn and moody tween.

As it turns out, most of the story was fiction.

Carey told Seattle Weekly that the character Takashi, Charley’s similarly anime-obsessed Japanese friend, was invented. As the author put it, he “had to” make up a character to “get to” the conflict, which is what a phenomenally self-assured person says when they mean they “felt like” making up a character so they could “pretend there was” conflict.

Gaimusho fires back

This is a bit out of date, but I thought it was worth posting anyway.

Gaimusho’s response to the NYT 02/13/05 editorial (click here to read) criticizing Foreign Minister Aso Taro:

To the Editor:
Re “Japan’s Offensive Foreign Minister” (editorial, Feb. 13):

Foreign Minister Taro Aso has neither justified nor denied Japan’s past history of colonial rule or wartime aggression. His recent speech on Asia made this crystal-clear, and Prime Minister Junichiro Koizumi’s statements on the subject on numerous occasions have reflected this notion. History classes in Japan do as well.

Nor did Mr. Aso say the emperor ought to visit Yasukuni Shrine in the present circumstances. He simply pointed out the need to consider a way that government representatives, as well as the emperor, could naturally honor the Japanese war dead without causing discomfort to neighboring countries.

Japan, by adhering to strictly defensive security policy, has never posed any threat to any other countries, including China, for the past 60 years. Mr. Aso welcomes China as a responsible partner, and its rise as an opportunity. He simply referred to international concerns over China’s consistent and nontransparent military activities and buildup. Given the regrettable incident of the trespass of a submerged nuclear submarine into Japan’s territorial waters, China must strive to meet your criterion of “no recent record of threatening Japan.”

Japan continues to encourage China to improve transparency in its military affairs in accordance with the Japan-United States Joint Statement issued by our countries’ foreign and defense ministers in February 2005.

Hiroshi Sato
Acting Consul General of Japan
New York, Feb. 18, 2006

Koizumi vs. the idiot box

The next target of Koizumi’s Deadly Big Government Assassination Squad?

Domo-kun, of course.

NHK “has too many stations. If NHK is to focus on overseas broadcasting, it will have to reduce some of the existing” channels, Koizumi said of a request he made to Internal Affairs and Communications Minister Heizo Takenaka during their meeting earlier in the day.

Some background on this: NHK is currently contemplating setting up an English-language channel, an idea that Koizumi has been pushing. This channel would serve honkies living in Japan, and also be available on cable and satellite overseas, like a backwards version of CNN or the BBC. There are some obvious problems with the concept: not many people overseas are likely to need a Japanese channel in English, and the channel doesn’t address the growing number of non-English-speaking foreigners in Japan, but the idea has something of a cool factor going for it.

Of course, another problem is paying for this through the existing license fee system. Many Japanese people are likely to object to subsidizing the new Gaijin Channel, so NHK may actually end up funding its overseas programming through the demons of advertising.

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.

Aso on the non-offensive

Foreign Minister Taro Aso, who has no problem offending Koreans and Chinese on a regular basis, apparently doesn’t like to offend Muslims.

Aso criticized some European publications Monday for printing contentious cartoons of the prophet Muhammad, calling such action “shallow.”

“Even people like us who are not Muslims know the fact that idolatry is absolutely impossible (in Islam),” Aso told a Diet committee. “If someone familiar with that kind of thing did so, I say, from my personal feelings, it could have been shallow.”

Now I’m imagining the Saturday Night Live version of Chris Matthews interviewing Aso on “Hardball.”

MATTHEWS: This is great! Say something even more contradictory!
ASO: The U.S. government should stop glorifying war by building monuments to dead soldiers.
MATTHEWS: Keep it coming!
ASO: Asia should open up its markets to Japanese rice exports.
MATTHEWS: Wow! You’re unstoppable!
ASO: And the UK should give up its royal family…
MATTHEWS: (head explodes)

Ah, if only he weren’t #6 in the post-Koizumi opinion polling, he would make one hilarious Prime Minister.

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?

Ms. Smith Goes To Washington

While I’m on a US news binge, this has to be one of the most parody-worthy legal stories of the last year. Here’s the bland version:

Former Playmate of the Year Anna Nicole Smith got her U.S. Supreme Court hearing on Tuesday, when her lawyer argued she should collect millions of dollars she claims her late Texas oil tycoon husband had promised her.

At one point during the hour-long arguments, the 38-year old blond widow, dressed in black and sitting in the spectator section, became emotional and started crying, a witness and her lawyer said…

The issue before the justices in the long-running legal battle is to review when federal courts can hear claims that are also involved in state probate hearings. The justices seemed receptive to arguments by Smith’s lawyer that federal courts have jurisdiction to consider her claims.

In Wonkette’s spicier alternate reality version (warning: link not recommended for young viewers or people with high blood pressure), she goes forward pro se:

On the conservative side, Justice Clarence Thomas — known for his inattentiveness during oral argument — was clearly riveted by Smith’s remarks. Sitting on the edge of his chair, he appeared to be engaged in vigorous note-taking underneath his robe.

But Smith reached out to the Court’s liberals as well. When she argued that she worked hard for every last cent of her late husband’s fortune, asking the justices, “Do you have any idea how hard it is to blow a guy in a wheelchair?”, Justice David Souter nodded sympathetically.

God bless America.