Archive for April 5th, 2008

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rotten applesI just finished reading a lively little blog piece furnished by The New York Times, City Room. It would seem that the cute Green NYC logo has come under scrutiny of the corporate lawyers at Apple Inc. (NASDAQ: AAPL). Let me just begin this by saying it’s my thought that on it’s face, this complaint by Apple is stupid. If this sort of thing is what it takes to keep Apple’s corporate lawyers busy, the company has far too many law-schooled chair-warmers on payroll.

I won’t even dissect the logo issue here for you; I’d pale in comparison to the New York Times piece. What I’d like to do is offer my services to the Apple Inc. legal department as “Solicitor for Stupid Litigation Options.” I’ve prepared a portfolio of possible litigation opportunities. I offer it in lieu of a resume.

First, Apple should file suit against the writers of the Bible. How dare those scribes make the apple to appear such a nefarious fruit. Wasn’t Eve told that someday the apple would be a symbol of universal knowledge? Umm wait, I think God did tell her that. So that means we could argue that she acted with malice of intent when she asked Adam to take a bite from the future corporate logo. However, she might then file a counterclaim against Apple, citing her first precedent use of the bitten fruit symbol. We’ll have to find mitigating circumstances.

Next we could possibly file suit against Benjamin Franklin. Wasn’t it he that coined the saying, “An apple a day keeps the physician away”? I’m certain that whoever it was meant to injure the sales of Apple laptop computers. We could take a survey among doctors and warp it to support our claim that the old apple adage colored their buying decisions.

And what about that apple for the instructor? I assure you that the concept was meant to help in the marketing of desk top Personal computers. Was it hijacked by some early 1900s health nut? If we could figure out someone to sue for putting an apple on a teacher’s desk, we could certainly convince a jury to award damages on that one.

We’ll file suit on Granny Smith for attaching her name to apples at all. We’ll destroy the reputation of Wilhelm Tell for shooting an apple off of his son’s head with a crossbow. Johnny Appleseed will rue the day he ever set a bare foot on tilled soil with the intent to start an orchard. Each man who has an Adam’s apple visible from three paces will be court ordered to wear a scarf. Sir Isaac Newton will wish he’d seen a pear fall instead of an apple. I’ll no longer have an apple of my eye.

I can see it now, my legal career is launched. I’ll be the one bad apple in the bunch. I suppose though, if you’ve read this far, by now you know that my lawsuit ideas are in keeping with Apple Inc.’s current complaint. To put it plainly, it’s my personal view that Apple Inc.’s current apple-related protest is nothing less than … horse apples.

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Welcome to the 55th installment of The Wal-Mart Weekly, a column dedicated to bringing you insight, wit, facts, results, opinions, and just a bit of everything else when it comes down to a very hot topic these days: Wal-Mart.

In this week’s Wal-Mart Weekly, I’ll be looking at the entry (although indirect) of Wal-Mart Stores Inc. (NYSE: WMT) into the consumer banking industry. While it may seem a stretch to think that Wal-Mart’s new debit card program is anything but a way to help consumers, it could be positioning the retailer as a new banking partner for many consumers as well as adding handsomely to the retailer’s bottom line.

You’ve to make money to spend money

Wal-Mart recently discontinued its Wal-Mart Debit/ATM card, but has now replaced it with a newer “debit card”.
What’s the difference, you ask? Let’s break it down a bit. First, Wal-Mart’s previous debit card was just that: an in-store debit card to prod more consumers into spending money in the store, regardless of credit history, credit card access, or checking account access. It’s no secret that millions of U.S. shoppers have credit issues and either are overloaded on credit debt in the first place or can’t receive a credit card at all due to past financial history.

Of course — like any good retailer — Wal-Mart does not want to lose any business. Therefore, providing an substitute way for lower-income shoppers and those with spotty credit to continue bringing business to the checkout line is a large priority. Wal-Mart’s motto is currently “Save money. Live better.” Even though the world’s largest retailer likes to talk about moving away from “low prices” as its main competitive advantage, that might never happen. Wal-Mart’s brand identity revolves around the low price image, and it knows it.

But when the retailer decided to do away with its in-store ATM card, you can bet there was a very decent replacement coming up. It’s here — and it’s more than an in-store prepaid debit card. Wal-Mart’s new “MoneyCard” is actually a refillable debit card provided for use on the “Green Dot” network. Of course, Wal-Mart’s MoneyCard can only be used at Wal-Mart. The guise I see is this: Wal-Mart wants those who don’t have credit cards or bank accounts to “load” their Wal-Mart MoneyCards directly from their paychecks. In fact, if you cash your payroll check at Wal-Mart, you can load any portion (even all) of it directly to your Wal-Mart MoneyCard.

The Wal-Mart Bank has arrived

This time, though, it’s different. This new Wal-Mart MoneyCard is like a standard debit card by any issuing bank in the U.S. For many, a debit card pulls funds out of a standard checking account (backed by real money in the bank, not a credit loan). In fact, I would go as far to say that the paper check has been nearly displaced entirely by the debit card for millions of U.S. consumers, based on the straw poll I took this week among people I know. Imagine this: you have no bank account, but you have direct deposit from your employer. All of your paycheck funds go directly to your Wal-Mart MoneyCard. You then use that money card for everything:

  • Paying bills on the internet
  • World wide web shopping
  • Paying for gas at the pump

You basically have a bank account without the bank. Since credit and debit cards are universally accepted nearly everywhere worldwide, you can purchase anything at anytime at any place with a “loaded” Wal-Mart MoneyCard. Does this sound like Wal-Mart has entered the banking business to you? In a clever, indirect way, yes. Sure, this might not fit the profile of a standard bank account, and your funds aren’t insured by the FDIC since this isn’t a bank account. Still, getting customers to load their paychecks onto a debit card that can be used anywhere for anything is powerful. The most powerful thing of all: the card is branded Wal-Mart. Think that’s not powerful? Take a peek at a marketing textbook.

As a MoneyCard holder, Wal-Mart has you both ways

And don’t think those fees are something Wal-Mart won’t be collecting — it does. Even though Wal-Mart’s MoneyCard fees are competitive, the fees are still there. The retailer has an initial activation fee of $8.94 and a monthly maintenance fee of $4.94, which goes right along with its store-level retail pricing (ever see a price in Wal-Mart end in $.99?). There’s also a “reload” fee of $4.64, but that is canceled if you set up your Wal-Mart MoneyCard as a recipient of your paycheck direct deposit.

Further, that $5 “maintenance” fee is waived if the card user reloads $1,000 a month or more to the MoneyCard. ATM withdrawals also have a fee, but are free if you wander into a Wal-Mart location and get cash from a register using your card. Again, does this sound like a pseudo-banking process? Like or not, Wal-Mart has a bank operation, even if it does not fall under the definition of a regular bank. The processes, fees, and customer marketing and usage targeting alone makes the Wal-Mart MoneyCard a banking operation — at least from the eyes of a customer.

Wal-Mart’s array of fees is not unlike a check-cashing service or any other banking operation where standard checking accounts are the product of the day. However, the retailer’s fees are in each case very competitive or a touch cheaper than competitive services. So, not only is Wal-Mart trying to keep its brand in front of as many U.S. consumers as possible, it’s giving breaks to standard banking fees at each corner with its newer MoneyCard and, in a way, is now beginning to compete head-on with the standard bank and the standard checking account scenario where millions of U.S. consumers already have debit cards at their disposal.

After all, the prepaid cellular service industry is huge due to the lack of credit or unwillingness of many to be unable to qualify for credit-based services. This is simply the application of a prepaid debit card scenario from the gates of the world’s largest retailer. Wal-Mart wants you to use the card in its stores (and there are incentives for that at each turn). If you use its MoneyCard outside of Wal-Mart’s universe, there will be fees on those actions that undercut the competition. So, Wal-Mart wins both ways, which of course is its purpose. Keep your friends close (regular Wal-Mart shoppers) and your enemies closer (MoneyCard holders who shop more outside of Wal-Mart).

Even though Wal-Mart was not officially sanctioned as a bank in 2007, it sure has an operation here that emulates one strong aspect of most banks — racking up as many transactions as possible. And Wal-Mart thought profit was only in retail product sales. Like any growing company knows, any action that generates microsize fees or payments of any kind is coming up fast as a real profit generator. Or, no massive deal if you’ve a keen eye for cash outlay — just shop at Wal-Mart instead and save those fees.

Join me right here this time next week for another edition of The Wal-Mart Weekly. Until then, have a great week.

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Lemmy Caution writes “Apple, Inc. has filed a suit to prevent New York City’s non-profit ‘GreeNYC’ initiative from using a logo that incorporates an apple in its design. Commentators have noted the substantial differences between the two designs, not to mention the irony of this sort of infringement claim. The city of New York has filed to have the claim rejected, and even possibly the cancellation of Apple’s logo in light of the long history of the nickname ‘The Large Apple’ to describe the city.”

Read more of this story at Slashdot.

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NewYorkCountryLawyer writes “As first reported by p2pnet, the motion to quash the RIAA’s subpoena seeking identities of Boston University students has been granted, at least for the moment. In a 52-page opinion (pdf) the Judge concluded that she couldn’t decide whether or not to quash until she had seen the college’s ‘Terms of Service Agreement’ for internet service. It was only then she could decide what ‘expectation of privacy’ the students had. She quashed the subpoena calling for the student identities, and told them they could go ahead with a subpoena just for the terms of service agreement. Interestingly the decision was issued on the very same day as the judge in Elektra v. Barker came to some of the same conclusions.”

Read more of this story at Slashdot.

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Roland Piquepaille writes “We’ve been told for several years that RFID tags would eventually be everywhere. This isn’t the case yet, but researchers at the University of Washington would like to know if the future of social networking could be affected by these tags and check the balance between privacy and utility. They’ve deployed 200 antennas in one UW building and a dozen researchers are carrying RFID tags on them. According to the Seattle Times, all their moves are tracked each second in the building. Of course, it can be practical to know if a colleague is available for a cup of coffee but this kind of system (if in widespread use) has some serious implications. As the lead researcher stated, ‘what we want to comprehend is what makes it useful, what makes it threatening and how to balance the two.’”

Read more of this story at Slashdot.

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dstates writes “The Washington Post is reporting that some World wide web Service Providers (ISP) have been using deep-packet inspection to spy on the communications of more than 100,000 US customers. Deep packet inspection allows the ISP to read the content of communications including every Web page visited, each e-mail sent and every search entered, in short every click and keystroke that comes down the line. The companies involved assert that customers’ privacy is protected because no personally identifying details are released, but they make money from advertisers who use the information to target their online pitches. Deep packet inspection is a significant expansion over tools like cookie in the ability to track a user. Critics liken it to a phone company listening in on conversations.”

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os2man writes “ApacheCon Europe 2008, the official user conference of the Apache Software Foundation will be held 7 April through 11 April in Amsterdam, The Netherlands. Some of the tracks will be broadcast via live streaming: System Administration (Wednesday), Web Security (Thursday) and Web Services and Web 2.0 (Friday). There’s a 99 euro registration fee for the tracks, although all keynote sessions and the opening plenary are available free of charge.”

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eldavojohn writes “For violating two Alcatel-Lucent patents in its Windows user interface, Microsoft was ordered to pay Alcatel-Lucent $367 Million Friday. From the article, ‘Microsoft, which will seek to have the verdict overturned, said Alcatel-Lucent was seeking $1.5 billion in damages related to the four patents named in the case. Microsoft said the jury found that Microsoft didn’t infringe on Alcatel’s video decoding technology patent. The fourth patent in the lawsuit was asserted only against Dell Inc (DELL.O: Quote, Profile, Research), which was found not to have infringed, according to Microsoft.’”

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