Antitrust Aggressor Loses

Business, Victimless Crimes
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As reported in the Wall Street Journal, memory chip manufacturer Rambus has lost its antitrust case against competitors Micron Technology Inc. and Hynix Semiconductor Inc.

Rambus had sought $4 billion in direct damages for the harm it allegedly suffered in the case, an amount that can be instantly tripled under California law. It also asked for punitive damages.

Rambus, a Silicon Valley designer of technology used in memory chips, accused Micron and Hynix of violating antitrust laws by conspiring to prevent Rambus technology from gaining traction in the market and fixing the price of memory chips.

The jury deliberated 8 weeks after a 3-month trial. Good result!

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The Future of Books

Business, Technology
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BusinessWeek offers an interesting inside look to the bankruptcy of Borders. The perception that many people had was that this was a blow delivered by Amazon and ebooks, that there is no future to the bookstore. It might be true but the Borders case is not a good case in point, argues this article.

The piece points out that the store it is profiling here was actually very profitable, and increasingly so in the last few years. In fact, more than half the stores were in the black. The reason it closed was entirely due to the overall financial health of the company and a series of bad management decisions. It expanded insanely and wildly during the boom years, gobbling up ever more real estate as prices were soaring. When the bust hit, prices crashed and its investments in physical space suddenly looked stupid. This put massive pressure on the operation. It could no longer sustain its profitability expectations and its belief that the boom would last forever didn’t materialize. There were also a series of too-little-too-late decisions regarding digital media.

I find this account very persuasive. People without knowledge of the way business works always assume that any company that is going belly up was flopping, that people just weren’t buying the product. That is not usually the case. What it means is purely a matter of accounting: costs outran revenue and expected revenue. That can happen very easily with a few, small miscalculations. No matter how much success you are experiencing, it is the cost accounting that ultimately matters. This is true regardless of whether we are talking about a multinational with $5 billion in sales or the lemonade stand down the street. Every firm faces the same cost/revenue matrix.

Cost accounting rules, whether big or small, and this is true for everyone. This is the great egalitarianism of the market that is hardly ever noted or noticed by people who know nothing of business life.

To be sure, the book business must and will change, and dramatically. The old-line publishers will be buried. Laissez-Faire Books will be on the cutting edge. (Unpaid advertisement: please like Laissez-Faire Books FB page!)

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A New Approach to Commercial Publishing: The New LFB

Anti-Statism, Business, Education, IP Law
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Laissez-Faire Books was founded in 1972 when issues of intellectual property hadn’t been worked out in detail in the libertarian world. There was of course the Randian view, which took IP to the most absurd extremes. Then there was the Rothbardian view, which had a very strict view of what is and what is not property and because IP doesn’t pass this test, the Rothbardian perspective tended toward the open model.

LFB itself never questioned the statist conventions on this topic. In fact, it even went through a period in which its owner worked to send take down notices to sites for posting old books to which it claimed the rights. How well I recall my own disgust! LFB uses the state to stop the spread of libertarian ideas! That’s just incredible.

Well, Agora Financial took over the institution this year and it immediately became obvious that they were Kinsellaites on this question. While working at the Mises Institute, I had worked with the new LFB to do some co-publishing in the commons. So when I accepted the position as publisher and executive editor, I made it a condition that, wherever possible, we always publish into the commons.

Management readily agreed, and even wondered why I was making such a big deal out of this. After all, this is a gigantically successful company and they have learned that the most important way to sell a product is to market it as widely and broadly as possible. If by putting something in the commons, you stand to reach more people, isn’t this a great thing? Isn’t this what commerce is all about? And from a mission point of view, isn’t this what libertarian education is all about?

Indeed it is! I immediately felt that we would soon be running an important experiment: a large scale publisher in the world of commerce would soon be publishing with Creative Commons and eschewing copyright in every way. This is a massive step for the libertarian world and even for the world of publishing in general.

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Don’t These Uppity Negroes Ever Get Tired of Being Uppity?

Business, Corporatism, Humor, Pop Culture, Racism
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I’ve written on the phenonenon before, most recently, while examining the trite hate-fest that pretends to be media coverage surrounding LeBron James. And frankly, I’ve found myself disagreeing with Bryant Gumbel on a number of salient points throughout these discussions. This time though, Gumbel is on-point. Recently he made these comments, regarding the NBA Lockout and how NBA Commissioner David Stern is handling it:

Stern’s version of what has been going on behind closed doors has of course been disputed, but his efforts were typical of a commissioner who has always seemed eager to be viewed as some kind of modern plantation overseer, treating NBA men as if they were his boys. It’s part of Stern’s M.O., like his past self-serving edicts on dress code and the questioning of officials. His moves were intended to do little more than show how he’s the one keeping the hired hands in their place.

His comments have drawn a lot of ire, much of it from black media members. (In full disclosure, I tend to discount white media member’s discomfort when a black person uses a supposed slavery analogy. Call it a personal failing.)  Try though I may, I can’t find what is incorrect about Gumbel’s statement.

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