Buzzfeedâs article, on departing Facebook staff who write âbadge postsâ, wasnât a surprise; what was a greater surprise was just how long it took for such news to surface.
Badge posts are traditional farewell notes at Facebook, and not everyone has had rosy things to say. One wrote, âWith so many internal forces propping up the production of hateful and violent content, the task of stopping hate and violence on Facebook starts to feel even more sisyphean than it already is ⊠It also makes it embarrassing to work hereâ (original emphasis). Buzzfeed noted, âMore stunning, they estimated using the companyâs own figures that, even with artificial intelligence and third-party moderators, the company was âdeleting less than 5% of all of the hate speech posted to Facebook,ââ a claim that Facebook disputes, despite its points having already been addressed in the badge post:
Thanks for the response. The data scientist's analysis took this difference between views and content into account and argued that their methodology was still sound. I've typed out the full part of their badge post detailing this for you and our readers. Any thoughts? pic.twitter.com/VvgxBYi8fC
The rest is worth reading here.
Meanwhile, this Twitter thread from Cory Doctorow, sums up a lot of my feelings and has supporting links, and it is where I found the above. Highlights:
The ones that joined to fix Facebook from the inside have overwhelming evidence that Facebook doesn't actually want to fix its problems, particularly disinformation.
Reality has a leftist bias, so any crackdown on disinformation will disproportionately affect conservatives.
When that happens, Ted Cruz gets angry at Zuck and drags him into the Senate. Plus, Zuck really enjoys the company of far right assholes, and his version of "listening to both sides" boils down to "I meet with Stormfront AND the RNC."https://t.co/7M4UWd0V95
I realize US conservatives feel they are hard done by with Facebook, but I know plenty of liberals who feel the same, and who’ve had posts censored. Even if Silicon Valley leans left, Facebook’s management doesn’t, so I’d go so far as to say right-wing views get more airtime there than left-wing (actually, also right-wing by anyone else’s standards) ones. On Facebook itself, during the few times I visit, I actually see very few conservatives who have complained of having their posts deleted or censored.
That isn’t a reason to shut it down or to break it up, but misinformation, regardless of whom it supports is. Inciting genocide is. Allowing posts to remain that influence someone to commit murder is. Facebook has proved over 15 years-plus that it has no desire to do the right thing, in which case it may well be time for others to step in to do it for them.
I said it a long time ago: that the Carlos Ghosn arrest was part of a boardroom coup, and that the media were used by Hiroto Saikawa and co. (which I said on Twitter at the time). It was pretty evident to me given how quickly the press conferences were set up, how rapidly there was âevidenceâ of wrongdoing, and, most of all, the body language and demeanour of Mr Saikawa.
Last week emerged evidence that would give meâand, more importantly, Carlos Ghosn, who has since had the freedom to make the same allegation that he was set upâcause to utter âI told you so.â I read about it in The National, but I believe Bloomberg was the source. The headline is accurate: âNissan emails reveal plot to dethrone Carlos Ghosnâ; summed up by âThe plan to take down the former chairman stemmed from opposition to deeper ties between the Japanese company and France’s Renaultâ.
One highlight:
the documents and recollections of people familiar with what transpired show that a powerful group of insiders viewed his detention and prosecution as an opportunity to revamp the global automakerâs relationship with top shareholder Renault on terms more favourable to Nissan.
A chain of email correspondence dating back to February 2018, corroborated by people who asked not to be identified discussing sensitive information, paints a picture of a methodical campaign to remove a powerful executive.
Another:
Days before Mr Ghosnâs arrest, Mr Nada sought to broaden the allegations against Mr Ghosn, telling Mr Saikawa that Nissan should push for more serious breach-of-trust charges, according to correspondence at the time and people familiar with the discussions. There was concern that the initial allegations of underreporting compensation would be harder to explain to the public, the people said.
The effort should be âsupported by media campaign for insurance of destroying CG reputation hard enough,â Mr Nada wrote, using Mr Ghosnâs initials, as he had done several times in internal communications stretching back years.
Finally:
The correspondence also for the first time gives more detail into how Nissan may have orchestrated [board member] Mr Kellyâs arrest by bringing him to Japan from the US for a board meeting.
Nissanâs continuing official position, that Ghosn and Kelly are guilty until proved innocent, has never rang correctly. Unless youâre backed by plenty of people, that isnât the typical statement you should be making, especially if itâs about your own alleged dirty laundry. You talk instead about cooperating with authorities. In this atmosphere, with Nissan, the Japanese media duped into reporting it based on powerful Nissan executives, and the hostage justice system doing its regular thing, Ghosn probably had every right to believe he would not get a fair trial. If only one of those things were in play, and not all three, he might not have reached the same conclusion.
Above: Two of the pages from the Storey County Sheriff’s Office over the false Martin Tripp ‘active shooter’ incident at Tesla.
One could attempt to read it generously in Teslaâs favour but I think youâd be fooling yourself.
Tripp had concerns about waste, and even raised them with Musk. From what I can tell, Musk only engaged Tripp after Tripp had been fired; and it was after that email exchange that the tip was given to police.
Itâs a far cry from the admirable firm I remember, being run by Martin Eberhard. Back then, it was optimistic and transparent. Nowadays it seems a truck prototype canât stand up to scrutiny for 25 minutes, CEO Elon Musk disses one of the Thai cave rescue divers, Vernon Unsworth, calling him âpedo guyâ, and Tweets misleading information that lands him in trouble with the US SEC. As far as I can tell in the Twitter thread above, Musk knew about Trippâenough to speak on the case and be excessively paranoid about him, thinking he could be part of a conspiracy involving oil companies, claiming he committed ‘extensive and damaging sabotage’. As Bloomberg put it: ‘Many chief executive officers would try to ignore somebody like Tripp. Instead, as accounts from police, former employees, and documents produced by Teslaâs own internal investigation reveal, Musk set out to destroy him.’
Also from Bloomberg:
The security manager at the Gigafactory, an ex-military guy with a high-and-tight haircut named Sean Gouthro, has filed a whistleblower report with the SEC. Gouthro says Teslaâs security operation behaved unethically in its zeal to nail the leaker. Investigators, he claims, hacked into Trippâs phone, had him followed, and misled police about the surveillance. Gouthro says that Tripp didnât sabotage Tesla or hack anything and that Musk knew this and sought to damage his reputation by spreading misinformation.
When Gouthro says Facebook (where he had worked before) is more professional than Tesla, that’s really worrying.
In another case, Jason Blasdell claims that SpaceX, another Musk venture, where he was employed, falsified test documents. When he brought this to his superiorâs attention, he was fired. In Blasdellâs case, two of his managers suggested he would âcome in to work shooting.â His account makes for sobering reading as the legal avenues he had get shut down, one by one.
Google and Facebook might do some terrible things in the market-place, but I donât think Iâve come across this level of vindictiveness against employees further down the food chain from the CEO.
They seem to be mounting as wellâI wouldn’t have known about the two ex-employee cases if not for spotting the Tripp police report Tweets. They both follow a similar pattern of discrediting people with valid concerns, going well beyond any reasonableness. We’re talking about lives and reputations getting destroyed.
It all points to a deep insecurity within these firms, which go beyond the sort of monopolistic, anticompetitive, un-American, anti-innovation behaviours of the usual Big Tech suspects. Yes, Google will go as far as to get your fired, according to Barry Lynn of Citizens Against Monopoly (Google denies it), or it might play silly buggers and seemingly shut down your Adwords account, or blacklist your site by falsely claiming it is infected, hack your Iphone and bypass its ‘Do Not Track’ setting, expose your private information for years, and plain lie about tracking, but I’ve yet to hear them sicking armed police on you and having their staff say you’d be heading to the office shooting. So maybe in this context, Google can say it hasn’t been evil. Well done. Slow clap.
At this rate, it’s Big Tech and the monopolies the US government has fostered that’ll drag down the reputation of ‘Made in the USA’.
I see thereâs an opinion piece in Stuff from the Chamber of Commerce saying the Wellington City Council should sell its stake in Wellington Airport, because it doesnât bring in that much (NZ$12 million per annum), and because Aucklandâs selling theirs.
Itâs not too dissimilar to calls for the Council to sell the Municipal Electricity Department a few decades ago, or any other post-Muldoon call about privatization.
Without making too much of a judgement, since I havenât inquired deeply into the figures, itâs interesting that the line often peddled by certain business groups, when they want governments to sell assets, is: âThey should run things like households, and have little debt.â
This never applies to themselves. When it comes to their own expansion, they say, âWe donât need to run things like households, we can finance this through debt.â
The same groups say that governments should be run more like businesses.
However, their advice is always for governments to be run like households.
Has it escaped them that they are different beasts?
I wouldnât mind seeing government entities run like businesses, making money for their stakeholders, and said so when I campaigned for mayor.
Doing this needs abandoning a culture of mediocrity at some of those entities. Some believe this is impossible within government, and there are credible examples, usually under former command economies. But then there are also decent examples of state-owned enterprises doing rather well, like Absolut, before they were sold off by the Swedish government. If you want something current, the Shanghai Automotive Industry Corp. is one of the most profitable car makers on the planet.
The difference lies in the approach toward the asset.
But what do I know? I come from Hong Kong where the civil service inherited from the British is enviably efficient, something many occidentals seem to believe is impossibleâyet I live in a country where I can apply for, and get, a new passport in four hours. Nevertheless, that belief in inefficiency holds.
Change your mindset: things are possible with the right people. Donât be a Luddite.
And therein lies why Stuff and I are on different planets.
Facebookâs woes over Cambridge Analytica have only prompted one reaction from me: I told you so. While I never seized upon this example, bravely revealed to us by whistleblower Christopher Wylie and reported by Carole Cadwalladr and Emma Graham-Harrison of The Guardian, Facebook has shown itself to be callous about private data, mining preferences even after users have opted out, as I have proved on more than one occasion on this blog. They donât care what your preferences are, and for a long time changed them quietly when you werenât looking.
And itâs nothing new: in October 2010, Emily Steel wrote, in The Wall Street Journal, about a data firm called Rapleaf that harvested Facebook information to target political advertisements (hat tip here to Jack Martin Leith).
Facebook knew of a data breach years ago and failed to report it as required under law. The firm never acts, as we have seen, when everyday people complain. It only acts when it faces potential bad press, such as finally ceasing, after nearly five years, its forced malware downloads after I tipped off Wiredâs Louise Matsakis about them earlier this year. Soon after Louiseâs article went live, the malware downloads ceased.
Like all these problems, if the stick isnât big enough, Facebook will just hope things go away, or complain, as it did today, that itâs the victim. Sorry, youâre not. Youâve been complicit more than once, and violating user privacy, as I have charged on this blog many times, is part of your business practice.
In this environment, I am also not surprised that US$37,000 million has been wiped off Facebookâs value and CEO Mark Zuckerberg saw his net worth decline by US$5,000 million.
Those who kept buying Facebook shares, I would argue, were unreasonably optimistic. The writing surely was on the wall in January at the very latest (though I would have said it was much earlier myself), when I wrote, âAll these things should have been sending signals to the investor community a long time ago, and as weâve discussed at Medinge Group for many years, companies would be more accurately valued if we examined their contribution to humanity, and measuring the ingredients of branding and relationships with people. Sooner or later, the truth will out, and finance will follow what brand already knew. Facebookâs record on this front, especially when you consider how we at Medinge value brands and a companyâs promise-keeping, has been astonishingly poor. People do not trust Facebook, and in my book: no trust means poor brand equity.â
This sounds like my going back to my very first Medinge meeting in 2002, when we concluded, at the end of the conference, three simple words: âFinance is broken.â Itâs not a useful measure of a company, certainly not the human relationships that exist within. But brand has been giving us this heads-up for a long time: if you canât trust a company, then it follows that its brand equity is reduced. That means its overall value is reduced. And time after time, finance follows what brand already knew. Even those who tolerate dishonestyâand millions doâwill find it easy to depart from a product or service along with the rest of the mob. Thereâs less and less for them to justify staying with it. The reasons get worn down one by one: Iâm here because of my kidsâtill the kids depart; Iâm here because of my friendsâtill the friends depart. If you don’t create transparency, you risk someone knocking back the wall.
We always knew Facebookâs user numbers were bogus, considering how many bots there are on the system. It would be more when people wanted to buy advertising, and it would be less when US government panels charged with investigating Facebook were asking awkward questions. I would love to know how many people are really on there, and the truth probably lies between the two extremes. Facebook probably should revise its claimed numbers down by 50 per cent.
Itâs a very simplified analysisâof course brand equity is made up of far more than trustâand doubters will point to the fact Facebookâs stock had been rising through 2017.
But, as I said, finance follows brand, and Facebook is fairly under assault from many quarters. It has ignored many problems for over a decade, its culture borne of arrogance, and you can only do this for so long before people wise up. In the Trump era, with the US ever more divided, there were political forces that even Facebook could not ignore. Zuckerberg wonât be poor, and Facebook, Inc. has plenty of assets, so theyâre not going away. But Facebook, as we know it, isnât the darling that it was a decade ago, and what we are seeing, and what I have been talking about for years, are just the tip of the iceberg.
Above: The Mitsubishi eK Wagon, one of the cars at the centre of the company’s latest scandal.
One thing about creating and running Autocade is that you gain an appreciation for corporate history. Recently, I blogged about Fiat, and the troubles the company is in; it wasnât that long ago that Fiat was the designersâ darling, the company known for creating incredibly stylish vehicles for all its brands and showing how you could use Italian flair to generate sales.
That was the 1990s; by the turn of the century, Fiat had lost some of its mojo, and by the time I got to Milano in the early 2000s, the taxi ranks had plenty of German and French cars. Once upon a time, they would have been nearly exclusively Italian. Today, a lot of Fiatâs range is either made by, or on platforms shared with, Ford, GM, Chrysler (which it now owns), Peugeot, Mitsubishi and Mazda. Sharing platforms isnât a sin, but a necessity, but Fiat seems to have taken it to a new level, looking like a OEM brand whose logo is freely slapped on othersâ products.
Mitsubishi is the other car company to find itself in trouble in recent weeks. The company admitted that it had lied about the fuel economy figures for its kei cars, the micro-cars that it sells predominantly in Japan.
It wasnât as troublesome as Volkswagenâs defeat device which fooled the US EPA, running differently when it knew the engine was being tested. Mitsubishi kept things simple, and overinflated tyre pressures.
It would have got away with it, too, if it werenât for Nissan, a company to which Mitsubishi supplied, under an OEM deal, kei cars. The customer started to ask questions and tested the cars for itself.
Mitsubishi had supplied 468,000 cars to Nissan, all of which are affected. It had only sold 157,000 under its own marque. Production of the cars, from the eK range, and the OEM equivalent for Nissan, the Dayz, is now suspended, while Mitsubishiâs shares plunged 15 per cent on the news last week. Sankei, the Japanese newspaper, believes that Mitsubishi used the wrong test method on the I-MIEV electric car, RVR (ASX), Outlander, and Pajero, which are exported.
You have to wonder what the corporate culture must be like for these matters to recur so regularly. But then, collectively, people tend to forget very rapidly, and companies like Volkswagen and Mitsubishi must bank on these.
VW isnât the first to cheat the EPAâUS car makers have attempted less sophisticated defeat devices in the latter half of the 20th centuryâthough it has had a chequered past. Just over 10 years ago, there was a scandal involving VW colluding with a union leader to keep wage demands down, and a few low-level employees took the rap. Go back to the 1980s and the company found itself in a foreign exchange scandal. But these were known mainly among specialist circles, principally those following car industry news.
Mitsubishiâs scandals, meanwhile, were more severe in terms of the headlines generated. Last decade, when the media called Mitsubishi Japanâs fourth-largest car makerâthese days they call it the sixthâthe company was implicated in a cover-up over the safety of its vehicles. Japanese authorities raided the company in 2004, and revealed that Mitsubishi Motors Corp. hid defects that affected 800,000 vehicles, and had done so since 1977. Nearly a million vehicles were recalled. Affected vehicles were sold domestically as well as in Europe and Asia. Top execs were arrested that time, including the company president, although it was hard under Japanese law to punish Mitsubishi severely. There was no disincentive to conducting business as usual. The company was ultimately bailed out by its parent, the giant Mitsubishi Group, when it found itself facing potential bankruptcy.
People were killed as a result of Mitsubishiâs cover-ups, and at the time it was considered one of the biggest corporate scandals in Japan.
Go back a bit further and Mitsubishi Materials Corp., a related company, had used slave labour in World War II, including US troopsâsomething the company did not apologize for till 2015, even though the Japanese government itself had issued apologies in 2009 and 2010. While it was a first among Japanese corporations, and US POWs got what they had long awaited, descendants of Chinese slave labourers still have a lawsuit pending against a connected Mitsubishi subsidiary.
The other major difference between Volkswagen and Mitsubishi is that the Japanese marque is relatively weak in terms of covering its market segments. Itâs SUV- and truck-heavy, and its kei cars had sold well (till now), but it has little in the passenger car segments, which it had once fielded strongly. The Mirage (and the booted Attrage) and the Galant Fortis (exported as the Lancer to many markets) are whatâs left: the latter is now nine years old, though still fairly competitive, and in desperate need of replacement. Its only other car is its Taiwan-only Colt Plus, still selling there as an entry-level model despite having been withdrawn from every other market. In the big-car segments, Mitsubishi is actually supplied by Nissan in Japan, but doesnât make its own any more. âSixth-largestâ is shorthand for third-smallest, at least among the big Japanese car companies.
Mitsubishi looks set to quit the C-segment (Galant Fortis) since neither Renault nor Nissan, which it had approached, wanted a tie-up. And the company survives on tie-ups for economies of scale, and thereâs now a big question mark over whether potential partners want to work with it. Automotive Newsâs Hans Greimel questions whether the MitsubishiâFiat truck deal will go ahead (though I had thought it was an inked fait accompli).
But, most seriously, Mitsubishi hasnât completely recovered from its earlier scandal.
It is within living memory, and the timing and nature of the latest one, tying so closely to what rocked Volkswagen, ensured that it would get global press again, even if the bulk of the affected cars were only sold domestically. And when consumers see a pattern, they begin wondering if thereâs a toxic corporate culture at play here.
Weâre too connected in 2016 not to know, and while Mitsubishi is likely to be bailed out again, it will face the prospect of shrinking car salesâand sooner or later one will have to question whether the company will stay in the passenger-car business. Isuzu exited in the 1990s, focusing on SUVs, pick-ups and heavy trucks, forced by an economic downturn. Since Mitsubishiâs own portfolio is looking similarly weighted, it wouldnât surprise me if it chose to follow suit, its brand too tarnished, with too little brand equity, to continue.
Check your YouTube settings: even if you switch off your search history, Google may turn it on again
Here I was, telling friends that 2014 marked the first year in which I didnât have to call Google out over something, be it privacy breaches, deceptive conduct, or simply not measuring up to its claims.
As usual, I spoke too soon, as tonight I stumbled across another example of Google saying one thing and doing another. All in the quest to get data on you, without you knowing.
Last time that happened, Google had to change its practices regarding its Ads Preferences Manager, a system where it claimed you could opt out, where it then inserted an opt-out cookie, but, when you werenât looking, removed the opt-out cookie and began tracking your preferences again. Now, if only it sold diesel cars, thereâd be an uproar in the US media.
But it was all sorted very quietly, with the Network Advertising Initiative forcing Google, its largest member, to stop its deceptive conduct.
This was a year before the Murdoch Press exposed Google for hacking Iphone Safari browser users, for which the company was eventually fined $17 million, or four hoursâ earnings. Again, if only it was selling diesel cars, the fine would be a thousand times greater.
This oneâs related: the tracking of your history on YouTube. Google wants to track your data so it can customize advertising to you, since Doubleclick, its advertising unit, makes milliards a year. I had suspected it was going on in July 2014, since the site was delivering a large number of motoring advertisements to me, but needed to gather more proof. Like the investigation I made into Ads Preferences Manager four years ago, I should have checked Googleâs settings; at the time I didn’t, thinking that Google would be incredibly stupid, callous and ignorant to manipulate user settings again after getting busted twice in the last five years for disrespecting them. But when the punishment is four hours’ earnings, with hindsight, of course, it wasn’t afraid.
I have had my YouTube history turned off for years, ever since I first discovered Googleâs cheating over monitoring. However, in 2012, YouTube had switched this on again, without my intervention. You could argue that I had forgotten, that I must have switched it back on myself, as unlikely as that would be. Nevertheless, I was sufficiently concerned that I blogged about it in November, noting that I had found myself with a YouTube viewing and search history earlier that year. Itâs something I would have deleted and turned off again in 2012.
What did I find when I checked my YouTube history today, now that Google has revamped its account management interface? You guessed it: a search history. Itâs not completeâit doesnât have everything Iâve searched forâbut it does begin again on July 23, 2013. This jumps ahead to August 14 and 23, then October 3; June 23 and 30, July 3 and 4, 2014; then August 24 through 27, 2015. You have to ask yourself: how does Google have a search history for someone whose search history was turned off in 2012 (and even before then)? The only conceivable answer to me is that Google switches it on again without your permission, and it was indeed on again when I visited the Privacy Check-up pages today.
I also have a watch history, with videos in March, April, November and December 2012.
I shanât be deleting either, as this will serve as a record of the fact Google still messes around with our privacy settings regularly. But I will say again, today, that I had to âpauseâ the search history for YouTube again, and Iâll check in again later, although not three years later, to see if Google switches it back on.
I was surprised to find that I have a YouTube account, and Google gave me the option to delete my zero videos, playlists, subscriptions and subscribers. However, if I proceeded, and I might after this investigation, the above histories would also vanish.
We may have another Ads Preferences Manager case on our hands, one where the US and tech media will just shrug its shoulders and proclaim Google to be the Almighty on which their jobs hinge. At worst, some states’ attorneys-general will go after them for another few hours’ pay.
Sometimes you wonder if the big players on Silicon Valley exist in a parallel universe.
Google, of course, is a firm that makes little sense to me: one that usually says one thing and does another, in almost every encounter I have had with it. And you know they canât be that smart if, for many, many versions of Google Earth, they had no idea what was at 1600 Pennsylvania Avenue NW, Washington, DC.
Facebook, naturally, observes these same traditions. Last year, I lost access to the website for 69 hours, when it decided posting, liking and commenting were no longer necessary features, and withdrew them. No one really seemed to mind when they couldnât write on my wall: other than a few exceptions, folks just shrugged it off. We are, it seems, extremely accepting of having a buggy website where nothing works.
Fast forward one year, and posting, liking and commenting are things that occasionally work on Facebook when it feels like it; most of today, they didnât. But thatâs nothing compared to a friend who has had her entire profile deleted.
The story shows once again what geniuses must work at these firms.
First, she found some photos of hers on another profile, so she complained through the usual channels. Instead of deleting the piratesâ photos, Facebook deleted her account instead.
When she appealed, Facebook asked for proof of identity. She provided her New Zealand passport.
But, according to Facebook, New Zealand passports are not a valid form of government-issued ID. Her other forms of identity were invalid, too.
Iâm interested to know how the brainsâ trust of Facebook works. If a passport is not a valid government-issued form of identity, then what is? Is there something Facebook knows about that far exceeds the power of a passport? Am I to believe my American friends have held out on me all these years about this mystery form of super-identity?
Or, of course, Facebook believes, and we have had proof of this, that no one lives outside the Pacific coast of the United States. This explains its ongoing bugs at the 1st of each month where the siteâs functionality is severely reduced because it isnât the 1st of the month in California. So if your passport doesnât âlook Americanâ, it canât possibly be valid.
Here is a woman with over 50,000 fans in her business and who has been planning her wedding via the site, who has now been shut out.
It does seem that Facebook is doing this willy-nilly. We also know its apology for shutting drag queensâ accounts last year to be insincere, when LaQuisha Redfern found herself locked out with no means of appeal.
And yet, proven spammers (people who have spammed, and their spams reported to Facebook) are allowed to maintain their accounts. Spambotsâand I found a bot net of over 90 recently (down from 277 a day, so Facebook is getting better)âare OK, too, because Facebook staff cannot tell the difference between a legitimate human being and a bot. While it deleted most of the 90 I identified, it strangely left a handful up, even though a pattern had been established. A few were old accounts that were hacked with their identities changed, but apparently thatâs enough to fool Facebook into thinking they are legitimate human beings. A bot net I uncovered last year took multiple, repeated complaints before Facebook realized that they were actually bots that wrote random things on each otherâs walls; never mind that what was written was incomprehensible. Literacy, it seems, is not a requirement at Facebook.
If Facebook is deleting real humans, or, in my case, limiting its functionalities to us (although I would have thought posting, liking and commenting were pretty fundamental to the site), and maintaining bots (because, as we know, Facebook uses bots to make money), then itâs only a matter of time when itâs just a massive bot net communicating with each other, there to con companies into paying for more bots to follow them.
Facebook it has done a lot of things right when it came to IP protection and enforcement when I have approached them. Generally, I don’t find them as offensive as Google. But just how it could have got this case so wrong is beyond me.
In an age of social media, you would think it was the most stupid thing to try to shut down the biggest online community you have.
Ikea has done just that, on IP grounds, against Ikea Hackers, by getting their legal department to send Jules Yap, its founder, a cease-and-desist letter after her site had been going for eight years. In that time she had sent customers to Ikea, after they were inspired by the new ideas her community had on doing new things with Ikea furniture.
There are arguments that Ikea could have been liable for any injuries sustained from the “hacks”, but that’s daft. Are we really that litigious as a society, prepared to blame someone for something we ourselves freely chose to do? Ikea has instructions on how to build their furniture, and it’s your own choice if you are prepared to go against them.
And eight years is an awfully long time to bring a case against someone for trade mark usage, rendering this claim particularly weak.
There are other Ikea-hacking websites and Facebook pages as wellâso it’s even dumber that Ikea would go after one with such a huge community, a website that has an Alexa ranking currently in the 20,000s (in lay terms: it has a huge audience, potentially bigger than that of Ikea’s corporate site itself in Jules’s country, Malaysia). Jules says that she has to take down the ads as part of her settlement for being able to retain the siteâads that simply paid for her hosting, which she might not be able to afford to do any more. (Some fans have offered to host for free or provide new domain names.)
The Ikea Hackers logo doesn’t look remotely like the Ikea one, which would readily imply there was no endorsement by the Swedish company.
Therefore, Ikea’s statement, on its Facebook, holds very little water.
Vi Àr glada för det engagemang som finns för IKEA och att det finns communities runt om i vÀrlden som Àlskar vÄra produkter lika mycket som vi gör.
Vi kÀnner ett stort ansvar mot vÄra kunder och att de alltid kan lita pÄ IKEA. Det Àr viktigt för oss att vÀrna om hur IKEA namnet och varumÀrket anvÀnds för att kunna behÄlla trovÀrdigheten i varumÀrket. Vi vill inte skapa förvirring för vÄra kunder om nÀr IKEA stÄr bakom och nÀr vi inte gör det. NÀr andra företag anvÀnder IKEA namnet i kommersiellt syfte, skapar det förvirring och rÀttigheter gÄr förlorade.
DÀrför har Inter IKEA Systems, som Àger rÀttigheterna till IKEA varumÀrket, kommit överens med IKEA Hackers om att siten frÄn slutet av juni 2014 fortsÀtter som en fan-baserad blog utan kommersiella inslag.
Essentially, it uses the standard arguments of confusion, safeguarding its trade mark, andâthe Google translation followsââWhen other companies use the IKEA name for commercial purposes, it creates confusion and rights are lost.’
This can be fought, but Jules elected not to, and her lawyer advised against it. It’s a pity, because I don’t think she received the best advice.
On Ikea’s Swedish Facebook page, some are on the attack. I wrote:
I would hardly call her activity âcommercialâ in that the ads merely paid for her web hosting. I doubt very much Jules profited. But I will tell you who did: Ikea. She introduced customers to you.
While your actions are not unprecedented, it seems to fly in the face of how one builds the social aspects of a modern brand.
The negative PR you have received from this far outweighs the brand equity she had helped you build. It was a short-sighted decision on the part of your legal department and has sullied the Ikea brand in my mind.
In 2004, the last year that the INGKA Holding group filed accounts, the company reported profits of âŹ1.4 billion on sales of âŹ12.8 billion, a margin of nearly 11 percent. Because INGKA Holding is owned by the nonprofit INGKA Foundation, none of this profit is taxed. The foundation’s nonprofit status also means that the Kamprad family cannot reap these profits directly, but the Kamprads do collect a portion of IKEA sales profits through the franchising relationship between INGKA Holding and Inter IKEA Systems.
The tax haven secret trust the companies use is legal, says Ikea, which is why it pays 3·5 per cent tax. I have little doubt that the complex structure takes advantage of laws without breaking them, and Kamprad was famous for departing Sweden for Switzerland because of his home country’s high taxes. The cease-and-desist letter probably is legal, too. And they show you what mentality must exist within the organization: forget the Swedishness and the charitable aspects, it’s all about the euros.