The iconic software company that is based in King County Washington has been getting almost universally slammed from it's recent Los Angeles press announcement about its entry into the hardware business with the convertible laptop/tablet known as Surface.

Certainly I can see the point that it is now competing with its hardware vendors/partners. Intel has done a good job in the arena creating 'reference designs' without competing with its partners.

There is another viewpoint which seems to be ignored. The cold facts are Microsoft is a public company. This puts Microsoft in a legal position of doing the most it can to return value to its shareholders. Failure to do so means somebody is going to jail.

Microsoft has a vision, which at the end of the day is, a certain way to get enough people to see enough value to hand over their money, to fulfill their fiduciary duty.

Net Neutrality

You may have heard about net neutrality over the years. Recently, the concept has gone through some changes, and many would consider its underlying principles to be in danger of corruption or dissolution. However, the technical nature of net neutrality ethics makes it difficult to understand for the layperson. Read on, and the central themes and controversies surrounding the principle will be outlined and explained for your convenience.

The Theme

When you think about the black market, I’m sure the majority of you will think of prohibition days.  When alcohol was made illegal, it did two things: It made the bad guys more money, and it put the average joe in a dangerous position while trying to acquire it.  Bring in the 21^stcentury. Sure, there still is a black market… but come on, who is afraid of mobsters anymore? Today, we have a gaming black market. It has been around for years, but will it survive? With more and more games moving towards auction houses, could game companies “tame” the gaming black market?

In the old days of gaming on the internet, we spent most of our online time playing hearts, spades… whatever we could do while connected to the internet. As the years went by, better and better games came about. Then, suddenly, interactive multiplayer games came into the picture. These interactive games, mainly MMORPGS, allowed for characters to pick up and keep randomly generated objects known as “loot”. This evolution of gaming created the black market.

In the eyes of the software companies, the game is only being leased/rented by the end user. You don’t actually have any rights to the game. This is where the market becomes black.  The software companies don’t want you making money of “virtual” goods that are housed on the software or servers of the game you are playing on.  The software companies, at this point, started to get smarter.

Where there is a demand…

Another blanket article about the pros and cons of Direct to Consumer (D2C) isn’t needed, I know. By now, we all know the rules for how this model enters a market: its disruption fights any given sector’s established sales model, a fuzzy compromise is temporarily met, and the lean innovator always wins out in the end.

That’s exactly how it played out in the music industry when Apple and record companies created a digital storefront in iTunes to usher music sales into the online era. What now appears to have been a stopgap compromise, iTunes was the standard model for 5-6 years until consumers realized there was no point in purchasing and owning digital media when internet speeds increased and they could listen to it for free through a music streaming service.  In 2013, streaming models are the new music consumption standard. Netflix is nearly parallel in the film and TV world, though they’ve done a better job keeping it all under one roof. Apple mastered retail sales so well that the majority of Apple products, when bought in-person, are bought at an Apple store. That’s even more impressive when you consider how few Apple stores there are in the U.S. (253) compared to big box electronics stores that sell Apple products like Best Buy (1,100) Yet while some industries have implemented a D2C approach to great success, others haven’t even dipped a toe in the D2C pool, most notably the auto industry.

What got me thinking about this topic is the recent flurry of attention Tesla Motors has received for its D2C model. It all came to a head at the beginning of July when a petition on whitehouse.gov to allow Tesla to sell directly to consumers in all 50 states reached the 100,000 signatures required for administration comment. As you might imagine, many powerful car dealership owners armed with lobbyists have made a big stink about Elon Musk, Tesla’s CEO and Product Architect, choosing to sidestep the traditional supply chain and instead opting to sell directly to their customers through their website. These dealership owners say that they’re against the idea because they want to protect consumers, but the real motive is that they want to defend their right to exist (and who wouldn’t?). They essentially have a monopoly at their position in the sales process, and they want to keep it that way. More frightening for the dealerships is the possibility that once Tesla starts selling directly to consumers, so will the big three automakers, and they fear that would be the end of the road for their business. Interestingly enough, the big three flirted with the idea of D2C in the early 90’s before they were met with fierce backlash from dealerships. I’m sure the dealership community has no interest in mounting a fight like that again. 

To say that the laws preventing Tesla from selling online are peripherally relevant would be a compliment. By and large, the laws the dealerships point to fall under the umbrella of “Franchise Laws” that were put in place at the dawn of car sales to protect franchisees against manufacturers opening their own stores and undercutting the franchise that had invested so much to sell the manufacturer’s cars.  There’s certainly a need for those laws to exist, because no owner of a dealership selling Jeeps wants Chrysler to open their own dealership next door and sell them for substantially less. However, because Tesla is independently owned and isn’t currently selling their cars through any third party dealership, this law doesn’t really apply to them. Until their cars are sold through independent dealerships, they’re incapable of undercutting anyone by implementing D2C structure.