The Dangers of Posting Negative Reviews

Now here is a story for you.

Just imagine that you buy something over the Internet and it never arrives. It happened to me once with a folding bike, and I lost my money. But at least if you use PayPal you have some chance to get your money back. Oh the benefits of hindsight!

So you buy something from a company over the Internet. The object does not turn up. You call the company, no answer, you write to them repeatedly, send them emails, try all the numbers you can find but nobody responds.

What do you do? You go on a review site and you tell the story. Well that is a dangerous game!

Reviews

Reviews

As this article on CNN explains, in 2008 John Palmer bought his wife Christmas gifts off KlearGear.com. The gifts didn’t arrive and he followed the path described above as many of us would.

More than three years later, Mr Palmer received an e-mail appearing to be from KlearGear.com stating that they would be fined $3,500 if the negative review wasn’t taken down within 72 hours.

So as any threatened person would he tried to have it removed. But the review company couldn’t remove it without entering into arbitration, costing money, so the review remained.

What about freedom of speech? Well you might well ask. When you buy something or have any contracted action with a company you might be signing away your freedom of speech. Yes, fine print.

If you look in the terms of sale and you find something like the following “Your acceptance of this sales contract prohibits you from taking any action that negatively impacts KlearGear.com” as in the sale mentioned above, you waive your rights goodbye.

The company can stipulate how much you are liable for as well. Then you have to pay up or go to court, run up huge legal bills and argue that the clause is not legal.

With Christmas just round the corner, Kwanzaa and birthday presents to shop for, holidays and flights to book and many others, what are we going to do? Do we have time to read 10 pages of contractual terms each time we buy something? Would we understand it anyway?

It looks like another form of cyber-bullying to me.

The FDA Shuts Down Home Genetic Testing Company 23andMe

On Monday the US Government FDA forced the main home testing company 23andMe to stop selling its saliva genetics home testing kit. As this is their only product this means that they effectively shut down their operation.

Looking at Genes

Looking at Genes

The problem seems to be that the company is offering testing for gene mutations that may lead to rises in probability of contracting diseases. This is considered a medical test by the FDA, and so they require trials and results in order to see how well the tests work before they license them. 23AndMe have been unable or unwilling to provide such results, so cannot market their device unless they take away all of the medical arguments.

This is the technical reason, but there are serious ethical issues surrounding home genetic testing. The following are just a few of my own ideas:

Without serious research doubt must remain about the quality of the results. The samples are not second tested, and the quality of testing cannot be of the same level as other medical hight cost exams. There have been problems reported due to the small number of people involved in the test groups, as statistics require masses of data that are not yet available.

Are customers qualified to interpret the results? What does a statistical rise in probability actually mean to a person that has never studied statistics or probability? And the results are delivered without any counseling, so if there is bad news the customer is left to process the information alone.

Here just a few examples might demonstrate the difficulty. If I have a 1% chance of contracting problem A, but I have a gene variant that means that I am 70% more likely to contract it, I might be distraught. The reality is that I now have a 1.7% chance, very little difference, but I might try to change my lifestyle, treat my kids differently, get paranoid, have preemptive surgery, who knows how an individual will react without medical advice?

If on the other hand I am negative for a mutation for something I might adopt an equally problematic stance. I don’t have the gene mutation that leads to skin cancer so I can stop worrying and have another hour on the sun bed. Social factors are really the big ones in many cases.

And what about testing your children? How will parents react knowing that their child might be susceptible to certain problems later in life?

Oh and if I discover that I have something hideous, should I tell my brothers? They might carry it and pass it on to their children. How personal is this type of medicine? It is familial, not individual.

The 23andMe problem is a prime example of money ruling. They have operated for 6 years, without regulation and blatantly challenging the FDA and medical profession that they see as holding up progress. As far as I can see this is about as far away from the responsible innovation that I have spent my recent life trying to promote as I would like to see anyone go. I would add though that it is a systemic problem here in the USA, not a personal divisive choice, and it is very different to the European approach underscored by the precautionary principal (with all its critics).

For further reading you will find several of my articles linked through this post on the same subject from last year.

The National Post has a good article too that includes both sides of the argument.

The End of Blockbusters and New Start-ups?

Out with the old and in with the new once more. Last month it was Blockbusters, the global giant of video rentals, closing their last few doors for the last time in the USA, as they filed for bankruptcy. Technology has overtaken them, their model of offering films for rent is obsolete.

Many stores are closing

Many stores are closing

Even in the UK where I grew up there seemed to be one on every corner. I used to walk round of an evening and thumb through the Betamax section (my mum had Betamax, much better quality than VHS, not widely used in a domestic setting but still used today for broadcasting).

For youngsters reading this article, the idea was that you take the film home and watch it and then return it the day after. Yes I know it sounds ridiculous, but if you forgot to return it you paid overdue fees, and these alone made $800 million in the year 2000, and that was less than 20% of the company’s operating profits!

And the rise was incredibly fast. In its first 15 years of operation Blockbuster grew from nothing to more than 9000 stores, even today it still boasts 3000, although they have been losing money hand over fist for more than a decade.

Netflix put an end to the party, but how could such a giant in the entertainment industry miss out on an opportunity to move forward. Back in 2002 they could have bought the Netflix operation for next to nothing, but the then CEO never thought it would take off. How wrong could he be?

Well here in Cambridge Massachusetts they have devised a system in order to try and stay on track with such developments, although I am not sure it is a good one. There is a huge culture of start-up funding, with an entire industry revolving around funding such new ventures.

We have the Mass Challenge competition that gives away more than a million dollars a year, loads of networking meetings and funding workshops. But what are these investors looking for? They are looking for the next Netflix or Amazon obviously, and they are prepared to put large sums of money into anything that looks like it might develop into something of the sort.

There are a lot of start-ups here that manage to spend a million a year for several years without ever turning a profit. A few hundred thousand on lawyers each year, nice office space, public presentations, and the investors keep coming in looking to make a fortune on the next new thing.

Just to give an idea of how much money is invested if we take a look at Mass Challenge they have invested $472 million in the last 4 years, and that has made a return income of $194 million. This investment has created 3928 jobs although we don’t know how many of them exist today.

All well intentioned I am sure but that means they have so far lost $278 million in 4 years. But they have created jobs, although at a cost of almost $71000 each. Not a great return, but we are talking about a not for profit organization investing private money so presumably everyone is happy.

I just wonder whether a more efficient model could be found, while not missing out on the next best thing of course. And I wonder how ethical investment choices are made. We are dealing with huge resources, and resources are the key to shaping the development of society. How much of this money could be said to be invested for the good of society? And how long can this type of approach continue whan 3 out of 4 fail?

I should just add that I use Zipcar, a local car sharing start up, so I don’t want to sound too critical. They have taken many cars off the road, which can only be a good thing. Several other food start ups work for social good, but they feel cut out of the funding cycle. See this post I wrote for IX about their positions.