Wednesday, March 19, 2008

Apple may offer all-you-can-eat-music (also, free salad bar and breadsticks)

If Steve Jobs had a mantra, it might be this: if at first you don't succeed, change the rules of the game. The Financial Times reports that Apple is engaged in talks with the record labels to create a new model of digital music distribution. To wit, akin to the Total Music plan that Universal was pimping, the plan would potentially involve increasing the price of iPods in exchange for unlimited access to the labels' music libraries.

Steve Jobs has long been dismissive of the subscription model for music, saying that people want to own their music. This story, however, differentiates this package model from a subscription deal, by pointing out that Apple may consider a subscription model for iPhones, since those customers are already in the habit of paying a monthly fee.

While the ideas are interesting, what worries me is the mechanism for enforcing these plans. It seems pretty likely that some sort of DRM would be required—that would seem a step backwards in this era where so many stores are switching to offering DRM-free tracks.

Apple, however, has been left out in the cold in that realm, continuing to offer DRM-free music from only one major label, EMI. One common theory behind the lack of DRM-free content on the iTunes Store has been that the labels want to reduce Apple's dominance in the music download arena, setting up others, such as Amazon, as competitors. So, given that this deal would presumably provide free access to the extensive catalogs of the labels for those who buy music from Apple, why would the labels—pardon the pun—change their tune?

As The O'Jays so eloquently put it: for that lean, mean, mean, green.

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Now LIRR riders can WiFi while they wait

The Long Island Rail Road introduced free wireless Internet access Wednesday in its waiting room at Penn Station, an effort aimed at enhancing the commuting experience for customers who use the area.

Woman charged with 7 counts of identity theft

A cashier at a Hewlett drugstore used an electronic "skimming" box to copy financial information from customers' credit cards, then created duplicate cards which she used to spend more than $8,000, the Nassau police said. Aziza Sattar, 19, was arrested Tuesday night outside her Far Rockaway residence.

LIRR puts brakes on Syosset platform extension

Plans to extend the platform behind about 10 homes at the Syosset Long Island Rail Road station are on hold for up to two more years while officials evaluate how other gap-reducing measures are working there, President Helena Williams told a MTA committee Wednesday.

Reward Without All That Nasty Risk

I’ve recently exchanged e-mails with Mike Barnett, a friend and colleague from the University of South Florida, who has not taken too kindly to the socialization of losses as a result of the credit crunch. Issues of social welfare are not my forte, but it is right up Mike’s alley - as one of the foremost young scholars in the field of corporate social responsibility. So I decided to give him a forum to express his ideas as a guest blogger. Hope you enjoy his perspective. I’m hoping he will chime in from time to time with his thoughts.

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I hate losing money – can't stand it. On the other hand, I love gaining money – nothing better than a major windfall. Problem is, you typically have to risk losing money in order to get the opportunity to gain money; be it a trip to Vegas, a wild ride on the stock market, or the financing of a new firm. Most people, like me, are risk averse. Our hatred of losing money outweighs the joy we get from winning money by enough that we seldom take big risks, and so we don't usually lose big, but we also don't usually win big. However, we respect the risk takers, and we don't begrudge their windfalls, because we know that the winners had the courage to bear the risk of losing big, and so they deserve the rewards of bearing that risk.

Now let's modify that a bit; more accurate is that I hate losing my money. I'd be glad to lose someone else's money all day long. And I especially love gaining huge sums of money for myself while risking losing someone else's money. Imagine if a casino offered you the opportunity to gamble without the risk of loss; all losses would be forgiven, but all gains would be yours to keep. If you're playing with house money, why not bet the house? It's only rational.

We should expect exactly this type of behavior – moral hazard – when the government bails out failed risk-takers. In recent decades, the government has pulled back the taxes on large gains, giving the risk taker more and more of his reward; and so we get more risk-taking. That's typically good for an economy in the near term (though it can harm tax bases & middle classes over time, and so be bad in the long term; a whole other issue). But the government has not pulled away the safety net, and so the risk-reward ratio has become asymmetrical – the rewards are high and the risks are low. If you fail, the government (through the taxpayer) bails you out. So why not take a lot of risks?

Consider what's going on with the mortgage meltdown. The banking industry made huge profits off of writing risky loans, often in very creative fashion. But now that defaults are on the rise, and profits have turned to losses, bankers seek to shift the losses to the government. For example, Credit Suisse is pressing HUD to have the FHA guarantee mortgage refinancings (see Worried Bankers Seek to Shift Risk to Uncle Sam). Should we, the taxpayers, guarantee a bad mortgage that Credit Suisse probably should not have made in the first place? And sadly, Credit Suisse is not the only culprit. Other examples of shifting losses to the government abound.

We can admire the tight rope walker who spans the skyscrapers. He deserves the attention; he's crazy enough to take this risk. But if we come to find out that it was a camera trick, and left outside of the frame was the fact that he was only three feet in the air, with a cushioned mat below him, then we lose respect. And this is how we lose respect for the free market system, too. If gains are privatized but losses continually socialized, we run the risk of disenfranchising many in society who will come to perceive the system as "rigged". Socializing losses can be likened to a form of corruption, and in the long-term this is risky to the stability of our society.

Ultimately, we can't justify huge winners unless they're risking huge losses. So when we find out that they got their huge gains in prior years without walking a tightrope, we do begrudge their gains, and we don't feel sympathy for their losses. And now they want us to absorb those losses??

We all love a free market, so long as we get to control it. The folks making obscene gains in some years gain the power to pervert the regulatory system and build a personal safety net for lean years. And, as taxpayers, we share less and less in their gains and bear more and more of their losses – the losses are increasingly socialized while the gains are increasingly privatized. Yip, it's as corrupt a system as it sounds – Robin Hood in reverse.

There are two ways to go – go with a true free market and let folks fail, not just win; or put in a safety net via regulation that does not provide incentives for market participants to take reckless risk in the first place. Like I said, I'm risk averse, and so I don't like the volatility of the former. Going for the latter would remove the asymmetry at the root of today's turbulent market and create sound rules for a "fairer" game. So let's not pull the net; let's just lower the roof and use the excess material to build a stronger net. In Senate testimony today (Feb. 14), Bernanke reaffirmed the role of the Fed in providing "adequate insurance against downside risks." It's a question of who pays the premiums, who provides the reinsurance, and who acts as the ultimate backstop that determines the fairness of the system.

Why do so many people hoard so much?

In a comment, Hannah wrote:

I have to wonder: Is the inability to value one's time (rather than hyper-accumulating Things) simply an inability to accept one's inevitable departure from this world? Do people who have an acquisitive mentality towards life have an inherent denial of death, and thus seek to "escape" into their goods, which are for all intents and purposes replacements for "immortality" (objects do not "die" after all, although they do depreciate! )

I don’t think it’s a desire to own something that outlives us, that is, a way of transubstantiating our soul into a blender Most of the crap sold and bought nowadays is purposefully engineered for planned obsolescence. I lean more towards the theory that people (or rather our culture) are not yet used to everything being abundant and practically available on demand that everybody is still hoarding their own tool collection, their own library, their own car, their own home cinema, etc.

I think it’s similar to how people undergoing a demographic transition from an underdeveloped area still have many children whereas more mature cultures, which went through their transition generations ago, have much fewer children. The reason is that in more mature and civilized countries having a lot of children are no longer seen as a source of financial security, retirement safety, cheap labor, good life, or simply joy and happiness but rather as a liability.

There is clearly an overabundance of people now which is why more people are seen as a liability, but I think we have yet to undergo a transition in terms of the abundance of stuff. The problem is that most people do not yet see their collection of stuff as a liability, which it actually is in this day and age, but as a source of wealth, which it no longer is.

Open source, freecycling, or just extensive “used”-markets like amazon or ebay are great examples of this mature attitude towards stuff.

Is “cheap” the new “green”?

I just read an interesting post from Escape the cube asking whether we are part of a trend where “cheap” is the new “green”. My guess is a qualified yes. It is a co-opted kind of “cheap” that might be popular for a few years after which it will be replaced by another commercialized version of a conscientious trend. For instance, hydrid cars are green washed environmentalism. I understand modern hybrids gets around 50mpg (miles per gallon). Now this is slightly better than a traditional compact car at 30mpg. It is therefore hailed as an awesome piece of technology. Yet this is just because our standards are pathetic, perhaps due to 10mpg SUVs? Consider this 1959 Opel T-1 that gets 376 mpg. How was this achieved? Very simple: By reducing weight and friction (duh!). In comparison a cyclist on a bicycle gets around 650 mpg. Cycling is the most efficient form of transport known to man. It is more efficient than walking, sailing, driving, … so greenies drive a bike. Buying a high tech hybrid car is an oxymoron - like glossy simple living magazines.

What is happening here is that cheap is confused with frugal. I don’t think anyone is consciously being cheap, yet that is what the media picks up on and thus $80 preworn jeans are born.

Escape the cube made a list, so I thought I would make a similar list to dispel some of the myths what a “cheap” person spends money on

What I will spend a lot of money on:

  • Stocks! If I have $3000 lying around, I will probably buy N x 100 shares (*) of a company on my buy list. I get a kick out of being a capitalist. To me they’re not just numbers on a statement. It’s ownership. It’s 200 sqft of a factory, a delivery truck, or a cubicle where things are getting done.
  • I have a wrist watch fetish. The last watch I got was a 30mm Omega Seamaster. Yes, it is partially insane to spend hundreds or thousands of dollars on a mechanical watch when a $10 quartz watch is both more precise and more accurate, but I genuinely appreciate the engineering that makes a bunch of cogwheels tell time to within 1-2 seconds a day. This makes a greater impression on me than art. I wish I could own my own steam engine or water turbine. I have also looked into music boxes. Mechanics just rocks.
  • Exercise equipment. I usually get the best of the best. The kind of equipment you would find in an Olympic gym. Not the kind you’d find at Sears or even at your regular commercial gym.
  • Outdoor apparel. I don’t know why but there are just things that $400 jackets can do that $100 jackets just can’t in terms of cut and quality. One reason might be that I tend to spend more time outdoors seeing that going somewhere is not just a 10 second walk between an air conditioned building and an air conditioned car for me.

(*) I prefer to buy round lots to get limit orders filled more efficiently!

What I won’t spend any money on (if given a choice). It’s not even a question of spending my money - it’s spending any money on these things:

  • Bus tickets for anything shorter than 5 miles. I’d rather just start walking than wait for the bus. 5 miles might be okay if going with a group, but for a 1 mile trip, I’ll just bet the group I can get there faster on foot. How about 6 minutes?
  • $5 coffee. Once it becomes fashionable to drink juice, eat salads or cookies at cafes, I won’t be paying $5 for a juicy-choco-lettuce cookie either. If you want to hear a rant on consumerism and sheeple, try dragging me [kicking and screaming] into a Starbucks.
  • Knick-knack and souvenirs. Things must be useful. Otherwise they are just taking up precious space. The worst problem is when someone gets me something cute. Then I feel bad for hating the poor little thing
  • Preprocessed food. Like meal-in-a-bag or a can. I don’t think this is any healthier than fast food. I’m still suspicious of cake mix.
  • Utensils and tools with very limited use. Enter the notorious hot chocolate maker. Now I don’t drink hot chocolate (like ever), but if I did I would just heat it in a pot (remember to stir). As such I don’t understand what useful purpose a hot chocolate maker serves. The same goes for electric egg boilers, rice makers, electric can openers, etc. It’s just over-engineering.

In general, one could say that in my value system the actual sticker pricer is not so important. Rather it is the lifetime cost of something. $5 coffee is incredibly expensive if turned into a habit. The same goes for preprocessed food. Knick-knack is also expensive because it tends to make one feel the need for an extra bedroom just like limited-use gadgets do.

Conversely, something might have a high sticker price (like a mechanical watch), but since it lasts for decades, the use and resource cost is actually very low. The same goes for other high quality items. Therefore “cheap” does not mean inferior as much as it means economically and ecologically efficient and meaningful.

Update: Here Come the Corporate Defaults

I came across an interesting article by Floyd Norris in Friday’s edition of the NY Times (see Corporate Auditors Focusing on Cash and Securities). What I found most interesting about the article is that Floyd seems to be echoing many of the concerns that I’ve expressed in recent posts (see From Old Stories to New, Where’s the Stuff Buried, and Strategy in a Recessionary Environment). The ideas he advances represent an amalgam of those that I’ve discussed. This is not to say that Floyd got his inspiration from my work. In fact, I’d be willing to wager big that Floyd has no idea who I am and has never read a single word I’ve penned. I was just struck by the similarity of opinion.

Consistent with my piece on “Where’s the Stuff Buried” Floyd asks:

What happens when cash really is trash?

He then goes on to acknowledge:

This is important…because there could be more write-downs similar to the $275 million impairment charge taken last week by Bristol-Myers Squibb…

Floyd also recognizes that raising capital has become difficult for corporations recently, and that this will make the operating environment quite difficult for firms with weak balance sheets, consistent with my piece on “Strategy in a Recessionary Environment“.

But what’s most sobering is the trend toward increasing corporate defaults and bankruptcies. I’ve been predicting this for almost a year now (most recently in “From Old Stories to New“). Floyd writes,

The number of corporate bankruptcies filed by leveraged borrowers so far this year is greater than the total filed in all of 2006 and 2007…

I expect defaults and bankruptcies only to increase for the remainder of 2008 and into 2009 (see Analysts Formally Predict Uptick in Defaults). I likewise wouldn’t be surprised to see more than a few high profile bankruptcies (of the household name variety). In my opinion therefore, corporate defaults and bankruptcies will command a good portion of business press attention over the coming months. This is just the beginning…

New to The Community

Hi, my name is Jennifer and I am a newbie here. I have a history of substance abuse. My favorites were codiene, alcohol and marijuana. It took me down a really bad road. I have been on both sides of the fence. I know what drug addiction can do to someone's life by personal experience. I have been clean since 10/10/2006 and now I work with prison inmates in a subtance abuse and life skills program and I am currently taking college courses towards certification as a Substance Abuse Counselor. It's a win/win because it is a constant reminder of why I need to stay away from my old habits. On top of that, I can help others who are struggling because I can relate to what they are going through.

I have spent time in the Army, gone to college and worked for several years in the legal field. I have been married as well as divorced and I am a single mother to three children, my youngest is 8 months old. I look forward to meeting people and getting to know everyone. Please feel free to contact me.

The Credit Crunch and Executive Pay

Approximately one year ago I blogged about excesses in executive pay (see Revisiting Executive Pay). Executive pay has been a hot-button topic in recent years, with the remuneration of top executives exceeding that of average workers by more than 150 times between 1995-2005 (compared to a long-run average of around 50 times between 1950-1990).

Since August of 2007, executive pay has taken a bit of a back seat to other, more salient topics (e.g., anything with the words “credit” or “crunch” in it). So I was surprised to learn about a recent inquiry into executive pay on Capitol Hill, …until I learned that the words “credit” and “crunch” were also involved (see 3 CEO’s made $460 Million). Angelo Mozilo, Stanley O’Neal, and Charles Prince were called in to testify today in front of the House Committee on Oversight and Government Reform about their “out-sized” pay packages in the midst of the credit crunch.

Back in March of last year, I suggested that there were several factors contributing to “out-sized” pay:

  1. The nature of the shift over time in shareholder profiles (from a traditional long-term individual investor to a more short-term institutional trader)
  2. The fundamental misalignment in incentives created by the differences between the accounting view of the firm (infinite lifespan) and the tenure of the average CEO (less than 4 year lifespan), and the inability of stock options to alleviate this short-term/long-term incentive problem (see especially my post A New Approach to Executive Compensation)
  3. Poor (or at the very least disinterested) governance on the part of the board members in general (and the compensation committee specifically)

With respect to Mozilo, O’Neal, and Prince, the relevant question then becomes - were their pay packages so outrageous or significantly excessive when compared to their peers (other CEO’s) such that they would constitute criminality? My hunch is that the answer to that question is - No.

Now don’t get me wrong, I’m not condoning their pay. Those pay packages, although not exactly criminal, were certainly in bad taste. What I am suggesting however, is that to the extent that we have a problem of excessive executive pay (and I do think we have a problem), the problem is a general, economy-wide problem, not a problem specific to Countrywide, Citigroup, or Merrill Lynch.

Not surprisingly, some variation of this theme is exactly what those folks claimed in their testimony today (see Puzzling Pay Packages or Top Bank Executives Defend Pay). My guess therefore is that this line of inquiry will be short-lived. Quite frankly, it has little teeth.

What would be more consequential, however, is if Mozilo, who when he sold $150 million of his Countrywide stock back in 2006, did so while possessing material, non-public knowledge of an imminent credit crunch and its probable impact on Countrywide. But then that would not be an issue of excessive executive pay, but rather, one of insider trading.

Open Question: Money--where did the Obama's US$1.65million in cash come from?

Senator Obama has had an inspiring rise to national prominence. However, this rise is dogged by a lack of crucial information, especially as related to the Senator and Mrs. Obama's finances. In a May 2004 profile in The New Yorker magazine, Senator Obama is quoted to say that in order for the Obama family to be able to survive financially during his 2004 run for the US Senate seat representing Illinois, he and Mrs. Obama had had to take out a second mortgage on their Hyde Park apartment. The Hyde Park area of Chicago might be described as Bohemian rather than well off or even upper middle class. The Senator is duly elected and in January 2005 takes his seat in the US Senate. In June 2005, the Obamas purchase for cash the home in which they now reside when in Chicago. This home cost US$1.65million. It was paid for in cash. This is a remarkable financial turn around from May 2004 when the Obamas needed a 2nd mortgage on an apartment worth at best US$300,000. There seems to be no explanation for how Senator and Mrs. Obama got the US$1.65million in cash to purchase their home. There is no increase in salary, no gifts, no inheritances, no book deals or additional royalties cited in the released financial records which could account for this inflow of funds which amounts to 8 times the couple's pretax declared income of 2004 and 10 times the salary paid to a US Senator (S162,5000 pa), which the Senator had only earned for 6 months prior to the acquisition of the new home. The Senator and Mrs. Obama have not addressed the issue of where the money came from which enabled them to purchase the lovely mansion in the best part of Chicago.

Private Equity: The End of an Era

I’ve been writing for some time now about private equity firms, their questionable acquisitions, their untenable leverage positions, and the likely outcome for them, and their portfolio firms, as a result of the credit crisis (for background see Stupid Money Chasing Stupid Deals…). I was not surprised therefore to come across a recent New York Times article detailing their recent fate (see Buyout Industry Staggers Under Weight of Debt). Michael de la Merced writes:

With their big paydays and bigger egos, private equity moguls came to symbolize an era of hyper-wealth on Wall Street. Now their fortunes are plummeting. Celebrated buyout firms…are seeing their profits collapse as the credit crisis spreads through the financial markets.

If anyone thought that private equity acquisitions were driven purely by skillful strategists and financiers (alpha in their parlance), here’s your evidence to the contrary. Many such deals were a simple product of the times (fueled by the availability of cheap money and credit). This is not to say that some private equity players are not skilled, just that there are likely much much fewer of the skilled type than many of us had thought just as little as one year ago.

Frankly, I have expected this endgame for quite awhile now - one in which many of the private equity portfolio companies would go bankrupt, and potentially take a few of their parents with them (see Corporate Defaults and Bankruptcies).

But more than that, for me, these events officially mark the end of an era. We will likely look back at this period and eventually refer to it as the second LBO wave. In my opinion, there are now two identifiable, and distinct, LBO waves:

  1. The 1980’s - the wave that most of us associate with the LBO heyday; driven by the break-up of conglomerates, culminating with the RJR Nabisco deal, and etched in our memories by the movie “Wall Street”
  2. The 2000’s - the cheap money wave; fueled by excess leverage, cov-lite deals, financial engineering, and a dose of Sarbanes-Oxley compliance avoidance

This is not to say that I believe that private equity firms do not play a vital role in our economy. It’s quite the opposite. I firmly believe that they are an important part of a well-functioning capital market (see The Role of Private Equity…). It’s just that the latest private equity craze is now officially over.

We can now get back to our regularly scheduled programming - watching their enablers (the I-Banks like Bear Stearns) implode under the weight of their own bad debt.

Executive Pay and the Credit Crunch Revisited

In my last post I blogged about executive pay and the credit crunch (see The Credit Crunch and Executive Pay). In that blog I suggested that the the issue of excessive executive pay was an economy-wide problem, and not specific to firms that were party to the credit crunch. Mike Barnett, my colleague from the University of South Florida, called my attention to a recent article that married the two issues quite nicely. I invited him to blog on the topic. Here are his comments…

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I buy the mantra that if CEOs captain their firms to big paydays, then they deserve a sizeable chunk of that payday. This is how we justify the astounding rates of CEO pay. After all, the daily earnings of a CEO often exceed the annual earnings of the average employee. We often forget about the other side of this arrangement — when the CEOs captain their firms to big losses, then they deserve a sizeable chunk of that loss. As the bottom is falling out of the market, we get a chance to see how well this downside sharing holds up in practice; bottom line — it doesn’t.

According to an article from March 5th’s WSJ (see WaMU Board Shields Executives’ Bonuses), when the going gets tough, the tough rewrite the rules to favor their executives:

“The board of Washington Mutual Inc. has set compensation targets for top executives that will exclude some costs tied to mortgage losses and foreclosures when cash bonuses are calculated this year. The move, approved last week and disclosed in a securities filing late Monday, essentially shields the pay of chairman and chief executive of the thrift, Kerry Killinger, and more than 100 other executives from the continuing mortgage fallout.”

WaMu reported a $1.87 billion loss in the fourth quarter and in the past year its share price dropped about 70%. And yet we’re talking about bonuses here that top executives will receive — on top of substantial base salaries that are supposed to compensate them for, …um, doing their jobs.

The article concludes by quoting another CEO, who said that “the board was being realistic” in rewriting the rules:

“It might not be politically correct, because the captain’s supposed to go down with the ship. But in the real world, that’s not how it works.”

No, apparently it doesn’t — in the real (contrived) world, when the ship is sinking, the execs get to hop onto their life yachts, while the shareholders sink.

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Michael Barnett is an Assistant Professor at the College of Business Administration at the University of South Florida and a Research Fellow at the Kiran C. Patel Center for Global Solutions.