First Principle for Trustbusters Should Be “Do No Harm”

(p. A2) In essence, Justice says that, beginning in 2008, several plankton, in the form of five publishers, conspired against a whale, Amazon, whose monopoly clout had imposed a $9.99 retail price for e-books.
The deal the publishers eventually reached with Apple unfixed the price of e-books by linking their prices to the cover price of the print version. More importantly, publishers could begin to reclaim the right to set e-book retail prices generally.
. . .
Apple, with 15% of the e-book market, is no monopolist. The five publishers, though Justice insists they dominate trade publishing, account for only about half of e-book sales. Crucially for antitrust, the barriers to entry are zilch: Amazon, with 60% market share, could create its own e-book imprint tomorrow and begin bidding for the most popular authors.
. . .
Let’s go back to “per se” vs. “rule of reason.” Because the 1890 Sherman Act is so sweeping and almost any business arrangement could be read as prohibited, courts understandably evolved a “rule of reason” to distinguish the permissible from the impermissible. Unfortunately, the result has been antitrust as we know it: wild and fluctuating discretion masquerading as law. Retail price maintenance alone has been embraced and dumped so many times by the courts that it must feel like Jennifer Aniston.
“Do no harm” would be a better principle for trustbusters.

For the full commentary, see:
HOLMAN W. JENKINS, JR. “BUSINESS WORLD; Washington vs. Books; What about piracy, low barriers to entry and the fact that literature isn’t chopped liver?” The Wall Street Journal (Sat., April 14, 2012): A15.
(Note: the online version of the commentary is dated April 13, 2012.)

“An Entrenched Favors-for-Votes Culture Is Now Coming Unglued”

TsochatzopoulosAkisGreekOfficial2012-05-07.jpg

“Akis Tsochatzopoulos on April 11 became the highest-ranking Greek official ever to be detained on corruption charges.” Source of caption and photo: online version of the NYT article quoted and cited below.

(p. A6) Prosecutors accuse the former defense minister, Akis Tsochatzopoulos, 73, a founding member of the Socialist Party and the highest-ranking Greek official ever to be detained on corruption charges, of pocketing at least $26 million in kickbacks for Greece’s purchase of submarines and missile systems and funneling the money through offshore accounts to buy property.
. . .
The case of Mr. Tsochatzopoulos (pronounced zok-at-ZOP-ou-los) marks the rise — and perhaps fall — of a political culture that has dominated Greece for decades, in which alternating Socialist and center-right New Democracy governments helped spread the spoils and, critics say, the corruption, during the boom years. That system helped drive up Greece’s public debt to the point that it was forced to seek a foreign bailout in 2010.
As the money has run out, an entrenched favors-for-votes culture is now coming unglued, and Greeks have become less forgiving of high-level missteps.

For the full story, see:
RACHEL DONADIO and NIKI KITSANTONIS. “Corruption Case Hits Hard in a Tough Time for Greece.” The New York Times (Thurs., May 3, 2012): A6 & A11.
(Note: ellipsis added.)
(Note: the online version of the story is dated May 2, 2012.)

Asteroid-Mining Start-Up Hopes to Launch First Spacecraft within Two Years

AsteroidMining2012-05-07.jpg

“A computer image shows a rendering of a spacecraft preparing to capture a water-rich, near-Earth asteroid.” Source of caption: print version of the WSJ article quoted and cited below. Source of photo: online version of the WSJ article quoted and cited below.

(p. B3) SEATTLE–A start-up with high-profile backers on Tuesday unveiled its plan to send robotic spacecraft to remotely mine asteroids, a highly ambitious effort aimed at opening up a new frontier in space exploration.

At an event at the Seattle Museum of Flight, a group that included former National Aeronautics and Space Administration officials unveiled Planetary Resources Inc. and said it is developing a “low-cost” series of spacecraft to prospect and mine “near-Earth” asteroids for water and metals, and thus bring “the natural resources of space within humanity’s economic sphere of influence.”
The solar system is “full of resources, and we can bring that back to humanity,” said Planetary Resources co-founder Peter Diamandis, who helped start the X-Prize competition to spur nongovernmental space flight.
The company said it expects to launch its first spacecraft to low-Earth orbit–between 100 and 1,000 miles above the Earth’s surface–within two years, in what would be a prelude to sending spacecraft to prospect and mine asteroids.
The company, which was founded three years ago but remained secret until last week, said it could take a decade to finish prospecting, or identifying the best candidates for mining.

For the full story, see:
AMIR EFRATI. “Asteroid-Mining Strategy Is Outlined by a Start-Up.” The Wall Street Journal (Weds., April 25, 2012): B3.
(Note: the online version of the story is dated April 24, 2012, and has the title “Start-Up Outlines Asteroid-Mining Strategy.”)

Capitalism More about Creating New Markets than about Competing to Dominate Old Ones

(p. A21) As a young man, Peter Thiel competed to get into Stanford. Then he competed to get into Stanford Law School. Then he competed to become a clerk for a federal judge. Thiel won all those competitions. But then he competed to get a Supreme Court clerkship.
Thiel lost that one. So instead of being a clerk, he went out and founded PayPal. Then he became an early investor in Facebook and many other celebrated technology firms. Somebody later asked him. “So, aren’t you glad you didn’t get that Supreme Court clerkship?”
The question got Thiel thinking. His thoughts are now incorporated into a course he is teaching in the Stanford Computer Science Department. (A student named Blake Masters posted outstanding notes online, and Thiel has confirmed their accuracy.)
One of his core points is that we tend to confuse capitalism with competition. We tend to think that whoever competes best comes out ahead. In the race to be more competitive, we sometimes confuse what is hard with what is valuable. The intensity of competition becomes a proxy for value.
In fact, Thiel argues, we often shouldn’t seek to be really good competitors. We should seek to be really good monopolists. Instead of being slightly better than everybody else in a crowded and established field, it’s often more valuable to create a new market and totally dominate it. The profit margins are much bigger, and the value to society is often bigger, too.
Now to be clear: When Thiel is talking about a “monopoly,” he isn’t talking about the illegal eliminate-your-rivals kind. He’s talking about doing something so creative that you establish a distinct market, niche and identity. You’ve established a creative monopoly and everybody has to come to you if they want that service, at least for a time.

For the full commentary, see:
DAVID BROOKS. “The Creative Monopoly.” The Wall Street Journal (Tues., April 24, 2012): A21.
(Note: the online version of the article is dated April 23, 2012.)

The online Peter Thiel notes are at:
http://blakemasters.tumblr.com/post/21169325300/peter-thiels-cs183-startup-class-4-notes-essay

Entrepreneurs Will Mine Asteroids to “Help Ensure Humanity’s Prosperity”

CameronJames2012-04-30.jpg “Space mining has captivated Hollywood. Director James Cameron is a backer of the new venture.” Source of caption and photo: online version of the WSJ article quoted and cited below.

(p. B1) A new company backed by two Google Inc. billionaires, film director James Cameron and other space exploration proponents is aiming high in the hunt for natural resources–with mining asteroids the possible target.

The venture, called Planetary Resources Inc., revealed little in a press release this week except to say that it would “overlay two critical sectors–space exploration and natural resources–to add trillions of dollars to the global GDP” and “help ensure humanity’s prosperity.” The company is formally unveiling its plans at an event . . . in Seattle.
. . .
[The] . . . event is being hosted by Peter H. Diamandis and Eric Anderson, known for their efforts to develop commercial space exploration, and two former NASA officials.
Mr. Diamandis, a driving force behind the Ansari X-Prize competition to spur non-governmental space flight, has long discussed his goal to become an asteroid miner. He contends that such work by space pioneers would lead to a “land rush” by companies to develop lower-cost technology to travel to and extract resources from asteroids.

For the full story, see:
AMIR EFRATI. “A Quixotic Quest to Mine Asteroids.” The Wall Street Journal (Sat., April 21, 2012,): B1 & B4.
(Note: ellipses and bracketed word added.)
(Note: the online “updated” version of the article is dated April 23, 2012.)

The One Percent’s Quick History: “We Worked Hard, We Went to College, We Tried to Better Our Lives”

(p. F1) SOON after the Occupy Wall Street encampment was set up at Zuccotti Park in Manhattan last fall, 26-year-old Ryan Quick told his father, Leslie C. Quick III, a financier, that he might drop by the site.

“Don’t you even let me see you over there,” the father replied.
The senior Mr. Quick later said that he and his son were both “half-kidding” each other. But he need not have worried about any class rebellion. According to Mr. Quick, his son came back from his visit and said: “It just looks like a Phish concert. It’s difficult to get engaged by something that doesn’t really have a purpose.”
As scions of a family that co-founded Quick & Reilly, a pioneering discount brokerage firm acquired for $1.6 billion by another company in 1997, the Quicks are undoubtedly among the “1 percent” — the wealthiest 1 percent of Americans targeted by the Occupy Wall Street movement. Indeed, having made their fortune in finance, the Quicks might be particular targets.
. . .
(p. F5) “Almost all my clients are self-made,” said Christopher J. Cordaro, chief executive of RegentAtlantic Capital, a wealth management firm based in Morristown, N.J., whose clients have at least $2 million in investable assets. “They’re saying, ‘We worked hard, we went to college, we tried to better our lives. Isn’t that what I’m supposed to do?’ ”
That is also the Quick family’s history. When he joined the year-old family firm after graduating from college in 1975, Leslie Quick recalled, “we didn’t know if my father was going to declare bankruptcy or this discount brokerage thing was going to work.”

For the full story, see:
FRAN HAWTHORNE. “Color the 1 Percent 99 Percent Conflicted.” The New York Times (Thurs., February 9, 2012): F1 & F5.
(Note: ellipsis added.)
(Note: the online version of the article is dated February 8, 2012.)

Innovation Took “Three Years Working through the Bureaucratic Snags”

FlyingCar2012-04-30.jpg “FULL FLEDGED; The production prototype of the Terrafugia Transition, with its wings folded and road-ready.” Source of caption and photo: online version of the NYT article quoted and cited below.

(p. 13) THE promise of an airplane parked in every driveway, for decades a fantasy of suburban commuters and a staple of men’s magazines, resurfaced this month in Manhattan. On display at the New York auto show was the Terrafugia Transition, an airplane with folding wings and a drive system that enabled it to be used on the road.
. . .
But there can be many delays along the road from concept to certification. For instance, government officials and the designers have had to determine which regulations — aircraft or automotive — take precedence when the vehicle in question is both.
. . .
In 2010, the $94,000 Maverick, a rudimentary buggy that takes to the air under a powered parachute, earned certification as a light-sport aircraft. Troy Townsend, design manager and chief test pilot for the company, based in Dunnellon, Fla., said he spent spent nearly all of his time over the course of three years working through the bureaucratic snags.
“There was a lot of red tape,” Mr. Townsend said. “The certification process went all the way to Oklahoma and Washington, D.C.”

For the full story, see:
CHRISTINE NEGRONI. “Before Flying Car Can Take Off, There’s a Checklist.” The New York Times, SportsSunday Section (Sun., April 29, 2012): 13.
(Note: ellipses added.)
(Note: the online version of the story is dated April 27, 2012.)

FederalRegsFlyingTable.pngSource of table: online version of the NYT article quoted and cited above.

Physicist Says “Financial Models Are Only Mediocre Metaphors”

ModelsBehavingBadlyBK2012-04-08.jpg

Source of book image: online version of the WSJ review quoted and cited below.

(p. A19) Trained as a physicist, Emanuel Derman once served as the head of quantitative analysis at Goldman Sachs and is currently a professor of industrial engineering and operations research at Columbia University. With “Models Behaving Badly” he offers a readable, even eloquent combination of personal history, philosophical musing and honest confession concerning the dangers of relying on numerical models not only on Wall Street but also in life.

Mr. Derman’s particular thesis can be stated simply: Although financial models employ the mathematics and style of physics, they are fundamentally different from the models that science produces. Physical models can provide an accurate description of reality. Financial models, despite their mathematical sophistication, can at best provide a vast oversimplification of reality. In the universe of finance, the behavior of individuals determines value–and, as he says, “people change their minds.”
In short, beware of physics envy. When we make models involving human beings, Mr. Derman notes, “we are trying to force the ugly stepsister’s foot into Cinderella’s pretty glass slipper. It doesn’t fit without cutting off some of the essential parts.” As the collapse of the subprime collateralized debt market in 2008 made clear, it is a terrible mistake to put too much faith in models purporting to value financial instruments. “In crises,” Mr. Derman writes, “the behavior of people changes and normal models fail. While quantum electrodynamics is a genuine theory of all reality, financial models are only mediocre metaphors for a part of it.”

For the full review, see:
BURTON G. MALKIEL. “BOOKSHELF; Physics Envy; Creating financial models involving human behavior is like forcing ‘the ugly stepsister’s foot into Cinderella’s pretty glass slipper.'” The Wall Street Journal (Weds., December 14, 2011): A19.

The book under review is:
Derman, Emanuel. Models.Behaving.Badly: Why Confusing Illusion with Reality Can Lead to Disaster, on Wall Street and in Life. New York: Free Press, 2011.

“In a Garage Pursuing a Dream”

(p. 257) The increase in computer-animated films . . . marked the dawning of a democratic moment in artistic expression and entrepreneurship. Just as technological developments in digital production were (p. 258) opening the door more widely in live-action filmmaking, technology was making computer animation more accessible every year.
Computer animation was still an art form that required talent and intense Commitment; it wasn’t within reach of Everyman. The accessibility of its tools, however, brought new possibilities. Where Pixar’s early years had required a succession of wealthy patrons–Alexander Schure, George Lucas, and Steve Jobs–an enterprising artist of the early twenty-first century was not so dependent. The hardware and software of an animator’s workstation, once the province of major studios and effects houses, could now be had for the cost of a good used car. As Pixar started its new life as a crown jewel of the Walt Disney Co., it was plausible that it would sooner or later have to jockey release dates with a new kind of rival. Or, rather, it would have to face a rival that looked much the way Pixar itself did thirty years earlier, as a group of men and women in a garage pursuing a dream.

Source:
Price, David A. The Pixar Touch: The Making of a Company. New York: Alfred A. Knopf, 2008.
(Note: ellipsis added.)
(Note: my strong impression is that the pagination is the same for the 2008 hardback and the 2009 paperback editions, except for part of the epilogue, which is revised and expanded in the paperback. I believe the passage above has the same page number in both editions.)

NGO Workers Are More Concerned with Following Plan than Achieving Mission

BazaarPoliticsBK2012-04-08.jpg

Source of book image: http://www.bibliovault.org/thumbs/978-0-8047-7672-1-frontcover.jpg

In the quote below, “NGO” means “Non-Government Organization,” for instance, a philanthropy.

(p. 17) As for the state’s representatives, their authority was what Coburn calls a “useful fiction.” The district governor wielded his connections to Kabul as best he could, but did not possess great influence, in part because — in keeping with the most sophisticated state-building methods — government aid was mainly distributed by locally elected committees. Istalif’s police were seen as hapless at best, predatory at worst; Coburn found that villagers were eager to protect him from a local officer. The French soldiers who periodically showed up in the bazaar had little impact, though their presence did become an excuse for keeping women out of the area. But Coburn observed that “no group was less effective at accumulating influence” than the NGO community. The best development experts accomplished little: their turnover was high, and they frequently bestowed their largess on deserving locals — women, refugees who’d returned from abroad with some education, victims of wartime injuries — who didn’t have the connections or ability to capitalize on their good fortune. NGO workers seemed less concerned with achieving a valuable outcome than with demonstrating to their backers that they had followed a mission plan to the letter.

For the full review, see:
ALEXANDER STAR. “Applied Anthropology.” The New York Times Book Review (Sun., November 20, 2011): 16-17.
(Note: the online version of the commentary is dated November 18, 2011, and has the title “Afghanistan: What the Anthropologists Say.”)

The book being discussed is:
Coburn, Noah. Bazaar Politics: Power and Pottery in an Afghan Market Town. Stanford Studies in Middle Eastern and Islamic Societies and Cultures. Stanford, CA: Stanford University Press, 2011.

Intellectual Property Rights as Refined in Case Law

The questions and answers in court illustrate how case law would approach the issue of refining and reforming intellectual property issues based on concepts of justice, but also on practical issues. (This is from Disney and Pixar lawyer Steve Marenberg questioning Dick Cook in testimony before Judge Clarence Brimmer, Jr. on November 1, 2001, the day before Monsters, Inc. was scheduled to be released.)

(p. 193) Q : So obviously the delay of the film by injunction or otherwise would affect the first weekend and the ability to gain all of the benefits you’ve gotten by virtue of the tact that November second is the first weekend?

A : It would be a disaster.
Q : And that would affect, then, not only the theatrical performance of the film, but what other markets in the United Sates?
A : Well, it would completely be a snowball effect in a reverse way in that it would certainly put a damper on all of the home video activities, all the DVD activities; in fact, would influence international because international is greatly influenced on how well it does in the United States, and by taking that away, it would definitely, definitely, have a big, big impact on the success of the film.
And furthermore, going further, is that it would take away any of the other ancillary things that happen, you (p. 194) know, whether it would become a television series, whether or not it becomes a piece of an attraction at the parks, whether it becomes a land at the parks, or any of those kinds of things.

Source:
Price, David A. The Pixar Touch: The Making of a Company. New York: Alfred A. Knopf, 2008.
(Note: my strong impression is that the pagination is the same for the 2008 hardback and the 2009 paperback editions, except for part of the epilogue, which is revised and expanded in the paperback. I believe the passage above has the same page number in both editions.)
(Note: on p. 190 of the book, Price misspells Marenberg’s name as “Marenburg.”)