Jack Yan is not a notable typeface designer. He has never laid a hand on mouse or trackball to operate a font editing application. He tells some graphic designer employees of his what he wants them to draw with software, and has them do all the work of drawing and solving all the design problems involved in creating and designing a typeface and its fonts. As a professional typeface designer myself, Yan’s involvement in type design and font production does not qualify him as a typeface designer. Not even close.
The user is called James Arboghast, whom Iâve never heard of in any of my years in the type design business.
Now, you can argue whether Iâm notable or not. You might not even like my designs. But given that Arboghast has such a knowledge of our inner workings, then maybe it would suggest that I am?
Based on the above, which is libellous, let me say without fear of committing the same that, in this instance, Mr Arboghast is a fantasist and a liar.
Iâve no beef with him outside of this, but considering that I was the first typeface designer in this country to work digitallyâso much so that Joseph Churchward, who is indisputably notable, came to me 20 years ago to see if we could work togetherâthere were no âgraphic designer employeesâ around who had the skills. At least none that I knew of when I was 14 years old and deciding which bitmaps to light up on an eight-by-eight grid.
There were still no such people around when I began drawing stuff for submission to ITC, or when I began drawing stuff that I digitalized myself on a hand-held scanner. I certainly couldnât afford employees at age 21 when I asked my Mum to fork out $400 to buy me a really early version of Fontographer. And there were still no such people around when I hand-kerned 1,000 pairs into my fonts and did my own hinting. Remember, this was pre-internet, so when youâre a young guy in Wellington doing this work in isolation, you had to know the skills. I might even have those early drawings somewhere, and not that long ago I found the maths book with the bitmap grid.
If I didnât know about the field then I certainly would have been found out when the industry was planning QuickDraw GX and I was one of the professional typeface designers advising on the character sets, and if I didnât know how to solve design problems, then the kerning on the highway signsâ type in this country would not comply with NZS. (The kerning is terrible, incidentally, but government standards are government standards. It was one of those times when I had to turn in work that I knew could be far, far better.) I’d also have been seriously busted by my students when I taught the first typeface design course in New Zealand. Every single retail release we have has been finished by me, with all the OpenType coding done by me. All the alternative characters, all the ligatures, all the oldstyle numerals and accented characters in languages I canât begin to fathom. Latin, Cyrillic and Greek. Iâve tested every single font weâve released, whether they are retail or private commissions.
The only time a team member has not been credited in the usual way was with a private commission, for a client with whom I have signed an NDA, and that person is Jasper Luki, a very talented young designer with whom I had the privilege to work at the start of his career in the 2010s.
The fact that people far, far more famous than me in the type field around the world, including in his country, come to me with contract work might suggest that, if Iâm not notable, then Iâm certainly dependable.
And people wonder why I have such a low opinion of Wikipedia, where total strangers spout opinions while masquerading as experts. The silver lining is that writing the above was a thoroughly enjoyable trip down memory lane and a career that Iâm generally proud of, save for a few hiccups along the way.
When I ran for office, there was often a noticeable difference between how I was treated by locally owned media and foreign- owned media. There are exceptions to that ruleâThe New Zealand Herald and Sky TV gave me a good run while Radio New Zealand opted to do a candidatesâ round-up in two separate campaigns interviewing the (white) people who were first-, second- and fourth-pollingâbut overall, TVNZ, Radio New Zealand with those two exceptions, and the local community papers were decent. Many others seemed to have either ventured into fake news territory (one Australian-owned tabloid had a âpollâ, source unknown, that said I would get 2 per cent in 2010) or simply had a belief that New Zealanders were incapable and that the globalist agenda knew best. As someone who ran on the belief that New Zealand had superior intellectual capital and innovative capability, and talked about how we should grow champions that do the acquiring, not become acquisition targets, then those media who were once acquisition targets of foreign corporations didnât like what they heard.
And that, in a nutshell, is why my attitude toward Stuff has changed overnight thanks to SinĂŠad Boucher taking ownership of what I once called, as part of a collective with its Australian owner, the Fairfax Press.
The irony was always that the Fairfax Press in AustraliaâThe Age and The Sydney Morning Heraldâwere positive about my work in the 2000s but their New Zealand outpost was quite happy to suggest I was hard to understand because of my accent. (Given that I sound more like an urban Kiwi than, say, the former leader of the opposition, and arguably have a better command of the English language than a number of their journalists, then thatâs a lie you sell to dinosaurs of the Yellow Peril era.) A Twitter apology from The Dominion Postâs editor-in-chief isnât really enough without an erratum in print, but there you go. In two campaigns, the Fairfax Pressâs coverage was notably poor when compared with the others’.
But I am upbeat about Boucher, about what she intends to do with the business back in local ownership, and about the potential of Kiwis finally getting media that arenât subject to overseas whims or corporate agenda; certainly Stuff and its print counterparts wonât be regarded as some line on a balance sheet in Sydney any more, but a real business in Aotearoa serving Kiwis. Welcome back to the real world, we look forward to supporting you.
My thanks to Sydney-based photographer Robert Catto for linking me to this one, especially near the festive season.
It is funnier than the one I took in Sweden many years ago, which in pun-land could be racist:
The sad thing is, at some point, the majority will not get the top joke.
I have a ringtone on my phone for SMSs, namely Derek Flint’s ringtone from In Like Flint.
If I mention In Like Flint, in my circles there’d be about one person every two years who’ll get what I mean.
Twenty years ago, everyone would have said, ‘Who’s Derek Flint? That’s Austin Powers’ ringtone!’
Today, some of my younger readers will ask, ‘Who’s Austin Powers?’
So far, only a tiny handful of people get my reference when I say, ‘Dear guards, Jeffrey can be taken off suicide watch. Signed, Epstein’s mother.’
No, what Epstein did to his victimsâchildrenâis no laughing matter.
However, I don’t think I’m alone in needing humour as an anchor for my sanity when the news is abhorrent.
One mayoral candidate recently asked me for my advice. I wonât name who it is, since I want those who contact me to know Iâll keep their communications in confidence.
Now, the first thing to do is to get a time machine and ask me the same question 18 months earlier.
But I can only provide tips for coming third in Wellington:
⢠have forward-thinking policies;
⢠appeal to thinking voters of all ages;
⢠resonate with younger voters who are most affected by them;
⢠frighten the establishment with common sense.
I canât advise how to win since I didnât. Presumably it is to do the opposite of my approach?
⢠Use rose-coloured glasses;
⢠appeal to non-thinking voters of all ages;
⢠resonate with older voters more likely to vote;
⢠suck up to the establishment.
This is with the greatest respect to many previous winners, who actually didnât do all these things. But they make for a couple of fun Tweets.
I repeat the call to administer the Voigt-Kampff test to all candidates.
Given the topic of this post, some of you will know exactly why this still, from the 1978 Steve McQueen movie An Enemy of the People, is relevant. If you don’t know, head here.
Admittedly, I was getting far more hits on this blog when I was exposing Facebook and Google for their misdeeds. Of course I have less to report given I use neither to any degree: Facebook for helping clients and messaging the odd person whoâs still on it (but not via Messenger on a cellphone), and Google as a last resort. I shall have to leave all this to mainstream journalists since, after a decade on this blog, itâs all finally piqued their interest.
It also seems that my idea about pedestrianizing central Wellington, which appeared in my 2010 mayoral campaign manifesto (which I published in 2009) has finally reached the minds of our elected mayors. Auckland has a plan to do this thatâs hit the mainstream media. I notice that this idea that I floatedâalong with how we could do it in stages, giving time to study traffic dataânever made it into The Dominion Post and its sister tabloid The Wellingtonian back in 2009â10. Either they were too biased to run an idea from a candidate they âpredictedâ would get a sixth of the vote one actually got, or that foreign-owned newspapers suppress good ideas till the establishment catches up and finds some way to capitalize on it. Remember when their only coverage about the internet was negative, on scammers and credit card fraud? Even the ânet took years to be considered a relevant subjectâno wonder old media are no longer influential, being long out of touch with the public by decades.
To be frank, my idea wasnât even that original.
If you are on to something, it can take a long time for conventional minds to come round.
Boris Johnson: usually a talented delivery, but with conflicting substance.
I spotted The Death of Expertise at Unity Books, but I wonder if the subject is as simple as the review of the book suggests.
Thereâs a lot out there about anti-intellectualism, and we know itâs not an exclusively American phenomenon. Tom Nichols, the bookâs author, writes, as quoted in The New York Times, âAmericans have reached a point where ignorance, especially of anything related to public policy, is an actual virtue. To reject the advice of experts is to assert autonomy, a way for Americans to insulate their increasingly fragile egos from ever being told theyâre wrong about anything. It is a new Declaration of Independence: No longer do we hold these truths to be self-evident, we hold all truths to be self-evident, even the ones that arenât true. All things are knowable and every opinion on any subject is as good as any other.â
I venture to say that the “death of expertise” is an Anglophone phenomenon. Head into Wikipedia, for instance, and youâll find proof that the masses are not a good way to ensure accuracy, at least not in the English version. Head into the German or Japanese editions and you find fewer errors, and begin to trust the pages more.
Given that many of âthe peopleâ cannot discern what is âfake newsâ and what is not, or who is a bot and who is not, then itâs absolutely foolhardy to propose that they also be the ones who determine the trustworthiness of a news source, as Facebook is wont to do.
I canât comment as much on countries I have spent less time in, but certainly in the Anglosphere, Iâve seen people advance, with confidence and self-authority, completely wrong positions, ones not backed up by real knowledge. You only need to visit some software support forums to see online examples of this phenomenon.
When I visit Sweden, for instance, thereâs a real care from individuals not to advance wrongful positions, although I admit I am limited by my own circles and the brief time I have spent there.
Itâs not so much that we donât value expertise, itâs that the bar for what constitutes an expert is set exceptionally low. Weâre often too trusting of sources or authorities who donât deserve our reverence. And I wonder if it comes with our language.
Iâll go so far as to say that the standing of certain individuals I had in my own mind was shattered when we were all going for the mayoralty in my two campaigns in 2010 and 2013. There certainly was, among some of my opponents, no correlation between knowledge and the position they already held in society. It didnât mean I disliked them. It just meant I wondered how they got as far as they did without getting found out.
Fortunately, the victor, whether you agreed with her policies or not, possessed real intelligence. The fact she may have political views at odds with yours is nothing to do with intelligence, but her own observations and beliefs. I can respect that (which is why I follow people on social media whose political views I disagree with).
In turn Iâm sure many of them disliked what I stood for, even if they liked me personally. Certainly it is tempting to conclude that some quarters in the media, appealing to the same anti-intellectualism that some of my rivals represented, didnât like a candidate asserting that we should increase our intellectual capital and pursue a knowledge economy. No hard feelings, mind. As an exercise, it served to confirm that, in my opinion, certain powers donât have peopleâs best interests at heart, and there is a distinct lack of professionalism (and, for that matter, diversity) in some industries. In other words, a mismatch between what one says one does, and what one actually does. Language as doublespeak.
So is it speaking English that makes us more careless? Maybe it is: as a lingua franca in some areas, merely speaking it might put a person up a few notches in othersâ estimation. Sandeep Deva Misra, in his blog post in 2013, believes thatâs the case, and that we shouldnât prejudge Anglophones so favourably if the quality of their thought isnât up to snuff.
Maybe thatâs what we need to do more of: look at the quality of thought, not the expression or make a judgement based on which language itâs come in. As English speakers, we enjoy a privilege. We can demand that others meet us on our terms and think poorly when someone speaks with an accent or confuses your and youâre. It gives us an immediate advantage because we have a command of the lingua franca of business and science. It gives us the impunity to write fictions in Wikipedia or make an argument sound appealing through sound bites, hoping to have made a quick getaway before weâre found out. Political debate has descended into style over substance for many, although this is nothing new. I was saying, although not blogging, things like this 20 years ago, and my students from 1999â2000 might remember my thoughts on Tony Blair’s 1997 campaign as being high on rhetoric and light on substance. Our willingness to accept things on face value without deeper analysis, lands us into trouble. We’re fooled by delivery and the authority that is attached with the English language.
Youâll next see this in action in a high-profile way when Facebook comes forth with more comment about Cambridge Analytica. I can almost promise you now that it wonât hold water.
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.
Two very helpful peopleâbwv848 at Bleeping Computer and Sumit Dhiman at Microsoftâhave taken me through the steps to figure out what was going on with my Windows 10 desktop computer, on which I’ve had between 100 and 200 BSODs since the Windows 10 Creators fall update arrived.
Windows claimed that the error was a DRIVER_IRQL_NOT_LESS_OR_EQUAL in tcpip.sys, but we know that that wasn’t the cause of the crash.
They had both got to the point where the Driver Verifier had to be run again. On the first attempt, the process had identified an Avira driver, although after removing and reinstalling the anti-virus program, the crashes continued. I had found other dodgy things in the Event Viewer, but solving them didn’t get rid of the BSODs.
Now that I’m back from holidayâand with Windows 10 crashing one more time and costing me more work that hadn’t been backed upâI gave Driver Verifier one more go.
I had been averse to it because of the crashes that resulted from it, and had a sense it would tell me the same thing it had in December.
True to form, Windows wouldn’t even load and it BSODed during the boot. But this time, running Windbg on the dump file revealed something called mobk.sys (Mozy Change Monitor Filter Driver), part of a program called Mozy.
I’ve never heard of Mozy, but it appears to be a back-up program. Checking my driver, it dates from April 2010 and was installed in 2012âaround the time I bought the computer.
It could well have been installed by me as part of a bundle, or by PB (the retailer).
Mozy wasn’t helpful. They have a forum, but when you sign up to use it, you get to a page where they want to charge you US$109 for one of their plans. Personally, if I was making software, I’d want reports from people like me. It’s not as though the question was complex: I wanted to know if it made sense to delete the offending driver in safe mode, or maybe download a trial version of their program, then remove it, in the hope that the driver would be overwritten and deleted. It’s only been a couple of hours since I Tweeted them, so I don’t expect any replies till tomorrow.
Rather than wait, I popped into safe mode and deleted mobk.sys from the system32\drivers folder.
These errors are deeply frustrating and in direct contrast to the stability that my Imacs have exhibited. Even though I’ve tired of OS X, at least I wasn’t losing work because of three to six BSODs per day.
The advice I can give to others is to create a system restore point, then run the Driver Verifier, and repeat the two processes until a culprit has been identified.
There are a few silver linings to this: I got rid of certain software which might have been insecure, and the random resets were quite handy in “clearing” the PC sometimes when I was doing work on it remotely.
I wonder what had changed in Windows between the spring and fall Creators updates that generated this very serious problem. I haven’t seen Windows crash this often since a dying laptop, on Vista, needed a fresh OS installation (it now runs Ubuntu). I’m still of the mind that Microsoft shipped a lemon, given that I’ve had no end of problems with this OS since it launched, from inconsistent behaviour (Windows 10 would originally be different each time it booted up, from Cortana settings to which keyboard it believed I was using), to very difficult updates (Anniversary took 11 attempts on this PC and never made it on to my laptop even after 40 attempts; it only updated to Creators because all other updates would fail).
While I can understand that there was no way either Mozy or Microsoft could have checked on a 2010 driver for compatibility, and there are so many configurations of Windows out there, there’s still no escaping that Windows 10 could have shipped with fewer bugs. Happily, as it turned out, the troubleshooting procedures may have worked, even if things wound up taking a month.
I’ll blog again if I’m wrong about Mozy.
PS. (January 18): After 24-plus hours with no crashes, I got another one, with the same message. Following my own advice, I ran the driver verifier again. Windbg pointed this time to Oracle Virtualbox. I intentionally ran an older version of this because since 2015, no newer version would work due to its hardening feature. Faced with no choice but to update, it had the same error which, finally, I traced to Mactype. This was the error, for those searching:
The virtual machine ‘Windows XP’ has terminated unexpectedly during startup with exit code -1073741819 (0xc0000005). More details may be available in ‘C:\Users\User\VirtualBox VMs\Windows XP\Logs\VBoxHardening.log’.
Result Code:
E_FAIL (0x80004005)
Component:
MachineWrap
Interface:
IMachine {85cd948e-a71f-4289-281e-0ca7ad48cd89}
The key is to insert these three lines into Mactype.ini:
[UnloadDll]
VirtualBox.exe
VBoxSvc.exe
The error also picked up that there were McAfee drivers left behind from what should have been a full removal. I ran mcpr.exe, found in a thread with the ever-helpful Peter (Exbrit on the McAfee forums). Mcpr.exe did not remove the three drivers, so I took them out manually (despite this going against expert advice): mfeclnrk.sys, mfencbdc.sys and mfencrk.sys. There was also a driver from Malwarebytes, which I downloaded after expert advice in the wake of the damage done by Facebook and its forced download in 2016. Malwarebytes had to be removed with a program called mb-clean as it didn’t show up in the Windows 10 programs’ list.
One important point: when the system restored itself after the latest crash, it appeared the old mobk.sys reinstalled itself into system32\drivers. I removed it again in safe mode. I’ve since created multiple restore points so hopefully none of the now-removed drivers resurface to cause problems again.
I am very happy that I’m running the latest Virtualbox, too, since posting in 2015 resulted in no solid leads. It’s why I’m posting all of this stuff, in the hope others find it useful.âJY
P.PS. (January 22): No crashes for three days, I update both the Microsoft and Bleeping Computer threads with the good news, and within nine minutes, bam! Oracle VM Virtualbox is to blame again, if the driver verifier is accurate. That was yesterday. Today, I attempted to remove the program from the Windows Control Panel. Merely removing it caused three BSODs for three attempts, literally within minutes of each other. I booted into safe mode once, tried to remove it (I couldn’t), then back to the regular mode. I was then able to remove Virtualbox. I have since reinstalled itâlet’s see what happens next.âJY
P.P.PS. (January 23): Two BSODs this afternoon, still so very disappointed software is this unreliable today. Removing a networking driver from Virtualbox has made no difference. Same error as before. I haven’t re-run driver verifier, but I have now updated MacType to the latest version and double-checked the ini file changes are still there.âJY
P.P.P.PS. (January 24): MacType update did nothing. Bwv848 recommends removing Oracle Virtualbox altogether. I may have to do that, and reinstall it only when I need it, and see what happens. Sumit at Microsoft has given up for the time being.âJY
P.P.P.P.PS. (January 25): After one more crash despite some tweaking of the power options last night, I removed Oracle Virtualbox this morning. There were five remaining drivers that removal did not address, two from the latest version (VBoxNetAdp6.sys and VBoxNetLwf.sys) and three from the old one (VBoxNetAdp.sys, VBoxNetFlt.sys and VBoxUSB.sys). I manually removed them. No crashes since, though I will be interested to know if reinstalling, without any of the old drivers present, will make a difference.âJY
P.P.P.P.P.PS. (January 26): Got to its first crash by 11.45 a.m. Driver verifier now blames CLVirtualDrive.sys. Found one user on Virtualbox’s forum who had the DRIVER_IRQL_NOT_LESS_OR_EQUAL crash but the mod doesn’t like me helping out (very protective people, who don’t like their favourite software criticized). A system restore saw Oracle Virtualbox return, even though I made a restore point long after I deleted it. Let’s see what CLVirtualDrive.sys is. Four BSODs before noon. Man from Mozy got back to meâthe first contact other than on Twitterâbecause they wound up spamming me and never responded to my original support question. Amazing how a few eventsâincluding Facebook’s forced download in 2016âhave directly led to this time-wasting point in 2018.âJY
There has been a lot of ongoing press about Landwindâs copy of the Range Rover Evoque (a road test of the Evoque comes next week in Lucire, incidentally), one of my favourite Sloane Ranger SUVs. Thereâs no way Landwind would have come up with the design independently, and, if put before most occidental courts, there would be a finding in favour of the Indian firm.
People are right to be upset, even in China, which has plenty of firms these days that spend millions on developing a new car and hiring the right talent. The days of SEAT Ibiza and Daihatsu Charade rip-offs are not completely gone, but if you read the Chinese motoring press, the journalists there are as condemning of copies as their colleagues everywhere else.
The impression one gets in the west is that this is par for the course in China in 2015, even though it isn’t. While there have been firms that have gone from legitimate licensing to copying (Iâm looking at you, Zotye and Yema), the reverse has tended to be the case in the Middle Kingdom. The latest article on the Landwind X7 appears in Haymarketâs Autocar, a magazine Iâve taken since 1980. I even think Autocar is being overly cautious by putting copy in quotation marks in its headline. Itâs a copy, and thatâs that.
Landwind has maintained that itâs had no complaints from Jaguar Land Rover, while JLR CEO Ralf Speth says he will complain. Considering itâs been five years since the Evoque was launched, and news of the copy, and Landwindâs patent grant from 2014, has been around for a while, then saying you will complain in 2015 seems a little late.
In fact, itâs very late. What surprises me is that this is something already known in China. Iâm not the most literate when it comes to reading my first language, but as I understand it, a firm that shows a product in China at a government-sponsored show, if it wishes to maintain its ânoveltyâ and prevent this sort of piracy from taking place, must register it within six months, under article 24 of Chinaâs patent law:
Within six months before the date of application, an invention for which an application is filed for a patent does not lose its novelty under any of the following circumstances:
(1) It is exhibited for the first time at an international exhibition sponsored or recognized by the Chinese Government;
(2) It is published for the first time at a specified academic or technological conference; and
(3) Its contents are divulged by others without the consent of the applicant.
The Evoque was shown at Guangzhou at a state-sanctioned motor show in December 2010, which meant that Jaguar Land Rover had until June 2011, at the outside, to file this registration. JLR reportedly missed the deadline [edit: with the patent office receiving the application on November 24, 2011].
The consequence of missing the period is that an original design becomes an âexisting designâ. While itâs not entirely the end of the road for Jaguar Land Rover in terms of legal remedies, it is one of the quirks of Chinese intellectual property law, which, sadly, is not as geared to protecting authors as it is in the west.
The approach one would have in, say, a common law jurisdiction, to prove objective similarity in the cases of copyright (and, as I understand it, a similar approach under patent), does not apply there. (Incidentally, this approach is one reason BMW could not have won against Shuanghuan for its CEO, which is usually mentioned by Top Gear watchers as an X5 copy. Look more closely and the front is far closer to a Toyota Land Cruiser Pradoâs, and thereâs neither a kidney grille nor a Hofmeister-Knick. Itâs a mess, but Shuanghuan could easily argue that it picks up on period SUV trends, like the triangular sixth light found on an Opel Astra is part of a 2000s ĂŚsthetic for hatchbacks.)
If you go back to November 2014, the South China Morning Post reported on this matter, again quoting Dr Speth in Autocar.
Heâs found it ‘disappointing’ for a while, it seems, but back in 2014 there was no mention of going after Landwind. An A. T. Kearney expert backs him up, saying, â⌠copying by Chinese original equipment manufacturers is still possible and accepted in China.â Itâs increasingly unacceptable, but, there are loopholes.
Iâm not arguing that this is right, nor do I condone the X7, but you do wonder why JLR hasn’t taken action. The above may be why JLR has stayed silent on the whole affair.
This is why I read nothing on any action being taken by JLR when the Landwind was first shown, when a patent was granted (a year ago this month), or when the X7 was last displayed at a Chinese motor show.
The SCMP piece is a much fairer article, noting that Chinese car makers have become more sophisticated and invested in original designs. It also notes that consumers are divided: while some would love to have the copy, another felt âashamed about Landwind,â points usually ignored in the occidental media.
Land Rover has traditionally been swift in taking on copycats, and it had fought Landwindâs EU trade mark registration in 2006. This firm is known to them.
Landwind, meanwhile, has a connection to previous Land Rover owner Ford, through Jiangling, which has a substantial Ford shareholding. Could some pressure be brought through Ford?
For now, Jaguar Land Roverâs trouble with its patent registration has yet to make it into the western media. It’s doubtful that state media have ganged up on Jaguar Land Rover, considering it has a partnership with Chery, and invested in a new plant in Changshu. It really needs to be asking its lawyers some serious questions.
In two elections, I told people some blarney on why I decided to run.
In 2010: âI was working at Lewâs Diner and this guy had been picked on. I told him, âStand tall, boy, show some respect for yourself. Do you think Iâm going to spend the rest of my life in this slop house? No, sir, Iâm going to night school. Iâm going to make something of myself.â Some weird guy sitting next to him in a life preserver chimes up, points and me, and says, âThatâs right, heâs going to be Mayor!â And thatâs when I got the idea. Mr Carruthers did say, âA coloured mayor, thatâll be the day,â but it didnât deter me.â
In 2013: âI was wondering whether to stand again and decided to chill out and watch Doctor Who. In that episode, Jenna Coleman turns to the screen and says directly to me, âRun, you clever boy, and remember.â So I did.â
You have to admit these are better answers than the stock politiciansâ ones.
With that, ladies and gentlemen, have a blessed Anzac Day.
