Wikinomics / Courting Justice – BONUS POST

The First Bonus Book of the Week is “Wikinomics, How Mass Collaboration Changes Everything” by Don Tapscott and Anthony D. Williams, published in 2006.

This book’s authors slapped together a huge number of cliched, vast generalizations in pushing their overly idealistic scenarios of the future. They had high hopes for the open-source movement. Unfortunately, since the book’s writing, most of the open-source projects they mentioned have tapered off, because in the long run, few people can or would want to provide “sweat equity” without ever receiving any equity.

Nevertheless, cooperation and globalization– two other movements for which the authors had great enthusiasm– are still alive, well and prospering. It is debatable, however, how long these two can be implemented before their socialistic aspects reach critical mass, and fail.

The authors mentioned that crowdsourcing of strangers (competitors) who are offered a reward for submitting the best innovative solution for a specific problem- has been very successful. But once the problem has been solved, a corporate entity needs loyal employees to continue to implement the solution.

The authors also contended that cooperation among companies reminiscent of the way the Japanese conduct business, has also been successful. However, long-term, the Japanese way leads to groupthink and herd mentality– lack of new ideas and competition; an oligopoly or monopoly. Free-market economics– competition– forces a company to acknowledge its weaknesses and threats against it, of which it might not even be aware. This is why capitalist economics for most goods and services is the way to go– there is balance between cooperation and competition that allows workers to best fulfill their potential for their employer and themselves.

It might be recalled that pure socialism thrived for a short time when the State of Israel was born. That was an extremely special exception, for the following major reasons; the Kibbutzniks:

  • were forced to work together in order to survive in the desert, geographically surrounded by enemies;
  • were like-minded– oppressed for their religion– seeking a safe place in the world;
  • had a common goal bigger than themselves– building a country for themselves from the ground up– creating the political, social and cultural systems and infrastructure when everything was simple and their population was low;
  • had in common the shared, traumatic experience of WWII and/or the Holocaust; and
  • had substantial financial and military help from the United States.

In the United States, since the Depression Era, there has been heated political debate over how much socialism is too much. To be sure, specific socialistic entities have greatly enhanced the quality of life for Americans for decades: public libraries, the G.I. Bill, Social Security and Medicare.

Capitalistic free markets have also done the same, but when the gap between rich and poor people in a nation becomes too wide because the rich exploit vehicles to wealth through unethical political means, there occurs too much resentment among the poor.

Along these lines, the Second Bonus Book of Week, “Courting Justice, From New York Yankees v. Major League Baseball to Bush v. Gore, 1997-2000” by David Boies, published in 2004, described a few cases of how the author legally fought for underdogs (which were suing super-rich, politically entrenched entities). In antitrust and price-fixing cases, consumers have always been wronged– overcharged– and they are never fully compensated, even when the court rules against the offenders.

Born in 1941, the author (later) attended Northwestern law school in Illinois. He got a scholarship that paid his tuition, books and rent. He wrote, “I also discovered that I could borrow several thousand dollars from the government at no interest, which I did.”

Beginning in 1997, on behalf of the U.S. government, the author litigated an antitrust case against monopolist Microsoft. He helped win the portion of the case he worked on. Unfortunately, he was forced to withdraw from the case due to a conflict of interest. His role in the whole affair was meta-relevant– he represented Al Gore in the 2000 presidential election court fight. The pro-business bent of George W. Bush with his new antitrust department personnel (unethically, at best) changed the course of the Microsoft case.

The author asserted that, “The enforcement of our nation’s laws is supposed to be free from political influence, particularly when a case is ongoing [as was Microsoft’s]… [and in Gore’s case:] The rule of law means, first, that what a court (or other decision-maker) will do must be reasonably predictable, and second, that what a court does must be independent of the identity of the parties. The majority opinion [of the U.S. Supreme Court] failed both tests.”

Read the book to learn the details, as well as several other cases personally litigated by the author.

Pharma

The Book of the Week is “Pharma– Greed, Lies, and the Poisoning of America” by Gerald Posner, published in 2020.

In 2016, the “superbug” Enterobacteriaceae turned out to be resistant to 26 different antibiotics. About half of patients who contract it, die. There are a bunch of other similar bacteria in the world. The author warned that in the future, a bacterial pandemic was on the way, for which there would be no antibiotic cure. Apparently, there can be a viral pandemic, too– one that cannot be treated with antibiotics at all.

For, antibiotics kill only bacteria, if that. Yet, in the United States, for decades, antibiotics have been prescribed to treat (mild!) viral illnesses. That is one major reason that superbugs have become a trend. And there has been an epidemic of diabetes type II. And many other adverse consequences.

Anyway, the author recounted the history of big-name drug companies, which began selling morphine to soldiers during the American Civil War. In the second half of the 1800’s, Pfizer, Squibb, Wyeth, Parke-Davis, Eli Lilly, and Burroughs-Wellcome began mostly as family proprietorships that sold highly addictive, unregulated drugs. Bayer produced heroin in 1898. The twentieth century saw Merck put cocaine in its products; other companies jumped on the cocaine bandwagon.

In 1904, the head of the United States government’s Bureau of Chemistry, Harvey Wiley, was concerned about contaminants in the nation’s food supply. Consumers were being sickened by chemicals that were supposed to retard spoilage or enhance the appeal of foods. They included, but were far from limited to: borax, salicylic acid, formaldehyde, benzoate, copper sulfate and sulfites. Trendy patent medicines were also doing harm to consumers. The word “patent” gave the impression of approval or regulation of some kind, but actually meant nothing.

Through the first third of the twentieth century, the government continued categorizing, monitoring and taxing drugs, but the pharmaceutical companies continued using trade groups and legal strategists to protect their profits. The 1930’s saw the big drug companies start research laboratories. Finally in 1938, the government established the Food and Drug Administration, and began to require extensive product-testing and labeling, and factory inspections. That same year, the Wheeler-Lea Act prohibited false advertising of drugs, except for previously manufactured barbiturates and amphetamines.

After Pearl Harbor was attacked in December 1941, America sought to manufacture penicillin in volume. For, the newly introduced antibiotic would be very helpful to the war wounded. But the drug’s fermentation process required a rare ingredient. In spring 1942, one patient who had friends in high places was cured. That largely used up the penicillin supply in the entire country. Other kinds of antibiotics were produced in the next decade, but their profitability was hampered by the bureaucratic processes of patent applications and FDA approval applications.

In the late 1940’s, Arthur Sackler and his brothers founded a family drug-company dynasty. The author revealed excessive trivia from FBI files on them and other greedy characters whose tentacles pervaded all businesses that could help sell (translation: maximize profits of) the family’s healthcare goods and services. This meant consulting, advertising, publishing, charities, public relations, database services, etc. The parties failed to disclose countless conflicts of interest.

In the early 1950’s, drug companies successfully lobbied the U.S. Patent and Trademark Office to allow drugs with strikingly similar molecular structures to be deemed different so that they could be granted separate patents. A higher number of drugs could then be rushed to market sooner, and make the most money.

In 1952, farmers fed Pfizer’s antibiotics to their animals so that they grew bigger (both Pfizer and the animals). In the mid-1950’s, Pfizer, Lederle, Squibb, Bristol and Upjohn engaged in an illegal tetracycline price-fixing scheme. They reaped hundreds of millions of dollars in earnings. The FDA chief was in Sackler’s back pocket. So when violations came to light, the FTC and FDA gave the offenders a slap on the wrist. However, senator Estes Kefauver was a thorn in their side.

Kefauver led an investigation as to why America’s drug prices were so excessively high when compared with those in other nations. In fighting back, the drug industry smeared Kefauver as a liberal pinko, claiming he had designs on forcing socialized medicine on the United States. The nineteen drugmakers under the gun gave bogus excuses. The real reason is that America’s drug prices and patents are subjected to minimal or no regulation, unlike everywhere else.

In 1956, Americans were told they were stressed, but a wonder drug called “Miltown” would help calm them down. The mild tranquilizer became a best-seller, until it was counterfeited and appeared on the black market, and its adverse side effects gave it bad publicity. Oh, well.

Then in the 1960’s came the culture-changing birth control Pill, and Valium– also called “mother’s little helper” that was marketed as a weight-loss aid. The next game-changer was thalidomide. Kefauver used the worldwide backlash against this drug to push through some drug safety and effectiveness regulation in the United States in 1963. For a change. Even so, in 1972, when the U.S. Supreme Court confirmed certain regulatory powers conferred on the FDA, drugmakers merely sought additional markets for their products on other continents.

In 1976, there was a swine flu epidemic in America. Healthcare companies were reluctant to develop a vaccine for it, fearing an orgy of litigation from victims if any harm was done. So the government unwisely agreed to foot any legal bills. Sure enough, some vaccine recipients developed cases of Guillain Barre syndrome, and neurological complications. The (taxpayer-funded) Justice Department took the hit. Other parties piled on. “The CDC had exploited ‘Washington’s panic’ to ‘increase the size of its empire and multiply its budget.’ “

Moving on, the author told the whole sordid story of the “opioid crisis” in America. In a nutshell: in May 2002, Purdue Pharma, maker and unethical marketer of OxyContin, hired Rudy Giuliani’s firm to defend it against the firestorm from its host of illegal activities. The firm collected a $3 million fee per month. Purdue collected $30 million per week from OxyContin sales. To be fair, Purdue and the Sackler family were the poster-scapegoats of the crisis. Numerous other parties aided and abetted them: other pharmaceutical companies, doctors, FDA bureaucrats, and pain management “experts” and pharmacists. The far-reaching consequences have caused a lot of trouble for society as a whole in the areas of: increased healthcare costs, criminal justice, social services, drug rehabilitation services, lost productivity and earnings, etc.

Read the book to learn an additional wealth of details and the details of wealth of the healthcare industry’s evolution into a hegemonic legal behemoth / excessive profit center, in the form of a series of cautionary tales in various topic areas– drug advertising, blood donations, biotech, epidemics, pharmacy benefit managers– that wrought major good and bad (mostly bad) cultural and regulatory changes (including the Hatch-Waxman Act and the Orphan Drug Act); plus the family battles following the sudden death of Arthur Sackler.

Samsung Rising

The Book of the Week is “Samsung Rising, The Inside Story of the South Korean Giant That Set Out to Beat Apple and Conquer Tech” by Geoffrey Cain, published in 2020.

In 2009, the author, a Korean-speaking journalist moved to South Korea to find out all he could about the then-electronics company Samsung, the most famous company in the country. In the ensuing years, Samsung’s relationships with technology-products makers became incestuous because it decided to make its own products while simultaneously supplying its competitors with parts for their products.

The author personally visited the city of Daegu, hometown of Samsung’s founder. In March 1938, Samsung started as a produce stand. The founder followed the Japanese business model of building an empire owned by family members, that involved complicated, group-focused, loyalty-oriented arrangements. Sounds somewhat familiar.

Anyway, in the 1950’s, he branched out into different industries, such as wool clothing, sugar refining, insurance, banking, retailing etc. The corporate culture involves slogan-chanting, and a drill team. But different divisions of the company harbor petty jealousies. The company’s success as a whole is treated as a zero-sum game, so one division’s success is considered to come at the expense of another’s. Sounds somewhat familiar. In autumn 2011, when Samsung’s division in America successfully marketed its new phone and stole a significant amount of market share from Apple, Samsung’s marketing division in South Korea lost face.

The founder made valuable government contacts that invited the kind of corruption that used to be frowned upon in the United States twenty years ago. Ironically, the United States has always provided significant financial aid to South Korea beginning with the Cold War and thereafter.

In 1999, Samsung and Sprint cooperated in a venture to make and export cell phones to the United States. Pursuant to South Korean culture, “After the bonding over booze and karaoke, it’s an accepted practice to roll out bags of cash and other gifts for your partners [American telephone service companies].” However, Samsung had to learn that Americans don’t do business that way (at least not explicitly).

In April 2008, Samsung’s chairman was charged with stock manipulation and tax evasion. In August 2010, and again in July 2011, Apple and Samsung launched an orgy of patent litigation against each other. In October 2011, Samsung already supplied parts for Google’s Android phone, but decided to introduce a phone of its own, the Galaxy Note series. It was a cross between a phone and a tablet, that would compete with Apple’s iPhone. Samsung sought to steal Apple’s customers. Apple had a reputation for making only one version of an overpriced product that delivered exactly what customers desired, that made them feel they were in the “in” crowd. Samsung would offer a choice of different-sized screens. It came late to the market, but improved upon existing products.

In August 2016, Samsung launched a new Galaxy Note phone. In October 2016, Samsung compounded its problems by denying that its phone burst into flames without warning. Its employees who were native South Koreans were under pressure not to express any negative sentiments about anything associated with their employer. For they risked ruining their careers, as word would get around to the few other competing employers in the country, and they would never work anywhere in their homeland again. Sounds somewhat familiar.

Read the book to learn about a wealth of additional details on the culture of South Korea (which is the same as the corporate culture of Samsung), how Samsung came to focus solely on technology parts and products, and much more.

Klondike

The Book of the Week is “Klondike, the Alaskan Oil Boom” by Daniel Jack Chasan, published in 1971.

For decades, oil has been a political football that has caused international strife. This book recounts the story that has become a cliche: what transpired when oil was discovered in Alaska in March 1968.

Through the 1800’s, Alaska’s economy was based on fur trading (exploited by the Russians whose activities left many native Alaskans dead of disease and from weapons), canneries, sawmills, gold, and whaling (exploited by the Americans, who forced many native Alaskans to migrate or else they would starve); by the mid-1900’s, it was based on salmon, lumber, gold, copper, hunting, private prop planes, and during wartime– military bases.

In January, 1970, the author visited an Eskimo village, whose residents hunted caribou for food, lived in plywood cabins, and got around in snowmobiles. They sold masks made of caribou in tourist shops in Alaskan cities to make a living. On average, they passed away in their mid-30’s.

In 1912, the Alaskan Native Brotherhood was formed to help aboriginal Alaskans assert their legal rights. Through the decades, various tribes of natives, including the Tlingits, Haidas, Tanacross, Minto, and Inupiat had their lands grabbed by the United States federal government. Finally, in 1966, they formed a group called the Alaska Federation of Natives but it became a political front that actually separated the tribes from their lands. Different tribes had beefs with other tribes, and there were divided loyalties. In the last three years of the 1960’s, Alaska’s state government had political differences with the federal Department of the Interior.

Just a few of the actual consequences (which were ongoing, and were likely to get worse in the future, due to ongoing legal wrangling at the book’s writing) of oil discovery included:

  • Eskimos’, Indians’ and Aleuts’ ways of life were disrupted emotionally, financially and property-wise, due to the mere planning of the oil companies involved.
  • Many activities associated with the extraction of the oil were environmentally damaging to the land and air due to the construction of: a pipeline to be completed in 1972, and the flying in of temporary housing, vehicles and facilities for workers, etc. (Los Angeles would get the oil if it was ever extracted, thus decreasing oil prices and increasing its smog), and
  • Some of the parties involved with the whole extravaganza profited before a drop of oil was even extracted: lawyers, oil workers, Alaska Airlines, and Alaska’s state government– which collected revenues from lease payments, filing fees, drilling permits, etc.

There was always the incalculable potential for ecological disasters which could rear their ugly heads at any time: oil spills and earthquakes. Of course, “The Interior Department had no such trouble computing the possible benefits of the pipeline.”

Read the book to learn a wealth of additional details of why Alaska’s natives were at many disadvantages in their fight with “city hall” (hint– one was that an Alaskan senator doubled as the chair of the Senate Interior Committee, who was friendly with president Richard Nixon’s Environmental Quality Council) and which kinds of compensation, if any, to which some of them might be entitled.

Only in America – BONUS POST

ONLY IN AMERICA

sung to the tune of “Only in America” with apologies to Jay Black and the Americans.

Only in America

can a prez from old New York

go to sleep a rich man

and wake up with even more pork?

Only in America

can an heir who’s collecting rent

get a break and maybe grow up to be president?

Only in America,

land of current fury, yeah

would the population fall for

the split government’s false worry?

Only in America

can a man who goes through wives

still emerge a power broker

when his business dives?

Only in America

could an election like this come true,

could propagandists control voters like me and you?

Only in America

land of current fury, yeah

would the population fall for

the split government’s false worry?

Only in America, land of current fury

Only in America, land of current fury

Only in America, only in America…

* * * * * * * * * * * * * *

The Bonus Book of the Week is “An Idiot for All Seasons” by David Feherty, published in 2004.

In this lighthearted compilation of essays, the self-effacing author wrote about golf, and likened it to popular culture. In the single-digit 2000’s, he heard a sermon from the archbishop of Canterbury, who said:

“People with no sense of humor have no sense of proportion and shouldn’t be put in charge of anything.”

The author heartily agreed. The author had one other relevant snippet:

“The most popular shows on television are… based on lies, avarice, and deception… the public humiliation of a previously exalted individual…”

Therefore, in order to get political information from the horse’s mouth go to: https://www.usa.gov/federal-agencies

Click on the pull-down menu “Voting and Elections” in the upper right corner or use the search bar to enter keywords.

Only in America.

Armenian Golgotha

The Book of the Week is “Armenian Golgotha, A Memoir of the Armenian Genocide 1915-1918” by Grigoris Balakian, translated by Peter Balakian with Aris Sevag, originally published in 1922. [Armenian, not American.] This large volume recounted the author’s personal experiences during the decade he became a victim of tensions that boiled over between Turks and Armenians in Turkey during and after WWI. As is well known, hatreds between peoples ebb and flow, but it was the first time in human history that one specific ethnic group sought total extermination of another.

The author pointed out that, “… the principal causes of a country’s downfall are internal dissension, violent partisan struggle, lack of religion, political crime, and economic unraveling; all these per se bring with them unbridled excesses.”

On the eve of WWI, the author of this personal account was a reverend who had gone to Germany to study. The outbreak of war prompted him to go from Berlin to Constantinople via rail and steamship (a two-week trip) to fight on behalf of his people, the Armenians. He was street-smart, and declined to go the rural Turkish diocese of Erzinjan, despite having been named to the position of locum tenens there. Another minister went in his place, and was shot and dismembered by the Ittihad Special Organization. Such atrocities were to be repeated in spades for the next several years.

Pasha Talaat, the interior minister of Turkey, had a secret service working for him, reporting all lifestyle-information on Armenians in Constantinople. He wanted to finish the job that was started in 1909– a small-scale massacre of a few tens of thousands of Armenians. The naive victims had no clue what they were in for. They believed the pervasive government propaganda that told them everything was dandy. No one wanted to believe they were in danger.

The Ittihad government in Turkey executed its unspeakable horrors methodically. It divided the Armenian population into various segments in order to commit its now-infamous genocide. Different groups in different parts of Turkey were subjected to largely similar treatment: were sent reassuring messages, disarmed, stripped of their assets, arrested, deported purportedly for their own protection (from the Russians), and were finally hacked to death by sociopathic, sadistic common Turkish people, largely with martial-arts weapons and timber and farm implements, not with firearms. The females were put through the same process, but they were raped before their deaths, except for a small number, who were forcibly converted to Islam and sent to Turkish harems instead.

The Turkish authorities began by conscripting all Armenian males between the ages of twenty and 46, sending them to the fighting at the Russian border. Then they enslaved them in road-building in the interior of Asia Minor. Unsanitary, cruel, starvation conditions resulted in many deaths. In summer 1915,the Minister of War ordered Turkish soldiers to ruthlessly slaughter the remaining survivors. There was a small resistance movement in the mountains, but it was weak. Of course, too, there were unsung heroes– German, Swiss, Austrian and Italian civil engineers working on the railroad who secretly tried to save Armenian lives.

The author was able to pull some strings through his contacts so that he escaped conscription. However, he was eventually arrested and made to travel for months in a caravan of tens of people like himself, about half of whom survived, suffering near-death experiences over and over. A few of them had been able to bring some of their wealth with them in the form of gold coins, with which they were able to bribe local officials and law enforcement.

Read the book to learn every emotionally jarring detail of the author’s story; and: the Germans’ connection to, the historical backdrop of, and about the three Turkish leaders most responsible for, the whole sordid affair; and the fates of the major figures involved.