http://www.bulletproofblog.com The blog on crisis communications Mon, 08 Feb 2010 20:14:49 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 http://www.bulletproofblog.com/2010/02/08/the-fake-news-gets-more-real-everyday/ http://www.bulletproofblog.com/2010/02/08/the-fake-news-gets-more-real-everyday/#comments Mon, 08 Feb 2010 20:13:36 +0000 Richard Levick http://www.bulletproofblog.com/?p=2088
While this cliché has been so overused that it’s nearly lost its meaning, there’s no better way to describe a media evolution that is fundamentally changing the way that Americans get their news. Today, a comedic “fake news” program, Comedy Central’s The Daily Show with Jon Stewart, is rivaling the mainstays of television journalism in terms of reach, audience sophistication, and, above all, trust.

By April of last year, The Daily Show was already attracting more eyeballs than the USA Today and one-third as many as the CBS Nightly News. Back in April of 2007, a survey conducted by the Pew Research Center for the People and the Press found that The Daily Show’s audience was more informed than that of any other news source. In 2000 and 2004, the program won the prestigious Peabody Award. And when the incomparable Walter Cronkite passed away last summer, it was Jon Stewart that a Time Magazine poll found to be the most trusted newsman in America.

Just last week, Howard Kurtz, The Washington Post’s media reporter, alluded to the fact that The Daily Show may also be the most fair and balanced news reporting out there. In a column that juxtaposed the left-leaning Stewart’s recent rants against the Obama Administration with eight years of “relentless ridicule” of the George W. Bush, it’s clear that The Daily Show’s targets aren’t picked based on partisanship. The formula is much simpler. As Stewart himself said in an interview with Charlie Rose in 2004, The Daily Show is “a reaction to an egregious violation by the news media.” In that same interview, Stewart described the perfect news program as one defined by a “pursuit of credibility.”

With audiences finding traditional news sources less credible with each passing poll, The Daily Show’s success is no mystery. While there’s no doubting the program’s comedic appeal, audiences are finding more truth in lampooned versions of the news than anywhere else. In the Howard Kurtz piece cited above, the Center for Media and Public Affairs’ Robert Lichter is quoted as saying, “[Stewart] has pulled off the trick of being taken seriously when he wants to be and taken frivolously when he wants to be.”

There’s an odd lesson here for business. If a significantly smaller percent of the public now believe traditional communicators than in the past, maybe a change in tone is in order. Maybe what’s needed is something less formal, less bland, and less institutional. As the old joke goes, who wants to live in an institution anyway?

The overt irreverence of a Jon Stewart may not be appropriate, but one look at the success of companies like Southwest Airlines in reaching their audiences amid the current malaise shows how much can be achieved by at least being a little looser and by allowing a greater diversity of online commentators to share space with the corporate bigwigs.

Certain tones build credibility. Jon Stewart found his. With rare exceptions, Corporate America is still searching.

Richard S. Levick, Esq. is President and CEO of Levick Strategic Communications, the nation's top crisis communications firm, and a contributing author to Bulletproof Blog. Connect with him @richardlevick.]]> http://www.bulletproofblog.com/2010/02/08/the-fake-news-gets-more-real-everyday/feed/ 0 http://www.bulletproofblog.com/2010/02/08/bulletproof-interview-special-%e2%80%93-global-compliance-challenges-in-2010-sulaksh-shah-on-the-foreign-corrupt-practices-act-fcpa-in-india-and-the-middle-east/ http://www.bulletproofblog.com/2010/02/08/bulletproof-interview-special-%e2%80%93-global-compliance-challenges-in-2010-sulaksh-shah-on-the-foreign-corrupt-practices-act-fcpa-in-india-and-the-middle-east/#comments Mon, 08 Feb 2010 15:35:55 +0000 Michael Robinson http://www.bulletproofblog.com/?p=2084 Bulletproof Blog™ presents the next in a series of video interviews with leading regulatory and compliance strategists.

In today’s installment, Sulaksh Shah, a Director in Forensic Services practice, specializing in FCPA matters, outlines the wide range of anti-corruption challenges that companies face in India as well as the Middle East.

Mr. Shah grew up in India and has lived in the Middle East.  As an FCPA expert who has led or supervised anti-corruption efforts in China, India, Pakistan, Russia, the United Arab Emirates, Saudi Arabia, Israel, Egypt, Lebanon, Turkey, Morocco, Slovakia, France, the United Kingdom, Italy, Mexico, and Brazil, Mr. Shah shared the above insights – and much more – with Bulletproof™.

Click the video to view Mr. Shah’s interview in its entirety.

Michael W. Robinson is Senior Vice President and Chair of the Corporate Practice at Levick Strategic Communications, the nation's top crisis communications firm, and a contributing author to Bulletproof Blog. Connect with Levick on Twitter: @Levick.
]]> http://www.bulletproofblog.com/2010/02/08/bulletproof-interview-special-%e2%80%93-global-compliance-challenges-in-2010-sulaksh-shah-on-the-foreign-corrupt-practices-act-fcpa-in-india-and-the-middle-east/feed/ 0 http://www.bulletproofblog.com/2010/02/05/weekly-web-wrap-up-for-february-5-2010/ http://www.bulletproofblog.com/2010/02/05/weekly-web-wrap-up-for-february-5-2010/#comments Fri, 05 Feb 2010 18:30:29 +0000 Dallas Lawrence http://www.bulletproofblog.com/?p=2081 Bulletproof’s Weekly Web Wrap-Up offers a compilation of key discussions regarding social media’s increasing relevance to business.

One of social media’s greatest potential pitfalls also represents an unprecedented opportunity for companies: employee activity in the online space. We’ve all heard the stories of how a distasteful Facebook update or Twitter post from an employee can have detrimental impacts on the brands they are supposed to be protecting. But as simple as it may seem, the solution is not to ban employee social media use; in fact, when managed appropriately, employees can be a brand’s greatest asset, serving as online brand ambassadors and pumping positive content throughout the digital space.

This week’s Wrap-Up includes a few examples of why employee social media training and policies are so important, as well as some new data on the role of social media in day-to-day life:

Mashable:
Most Companies Don’t Have a Social Media Policy

Social Media Examiner:
How IBM Uses Social Media to Spur Employee Innovation

Mashable:
3 New Ways to Measure the Social Web

TechCrunch:
COO: 175 Million People Log Into Facebook Every Day

CNN:
Google Searches Getting More Social

Click here to receive the Weekly Web Wrap-Up in your inbox each week

Dallas Lawrence is Chair of the Social and Digital Media Practice at Levick Strategic Communications, the nation's top crisis communications firm. He blogs on emerging digital media trends and best practices for social media engagement on Bulletproof. Connect with him @dallaslawrence.

]]> http://www.bulletproofblog.com/2010/02/05/weekly-web-wrap-up-for-february-5-2010/feed/ 0 http://www.bulletproofblog.com/2010/02/05/for-embattled-ceos-davos-wasn%e2%80%99t-the-place-to-be/ http://www.bulletproofblog.com/2010/02/05/for-embattled-ceos-davos-wasn%e2%80%99t-the-place-to-be/#comments Fri, 05 Feb 2010 13:11:39 +0000 Michael Robinson http://www.bulletproofblog.com/?p=2074 World Economic Forum meetings in Davos, Switzerland was a chance for CEOs to hit the slopes and hobnob with movie stars, musicians, and supermodels. Last year, in the midst of the worst financial crisis since the Great Depression, that changed. With Congress, investors, and the public at large up in arms over the luxuries that defined excess, many corporate leaders wisely chose to stay home.

How soon they forget.

While this year’s gathering in the Swiss Alps ended on Sunday, the reputational costs for bigwigs in financial services and other industries that made the trip this year may linger for quite a while. As I told Reuters in an article published before the meetings began, hanging out with Bono is not where a CEO wants to be seen at times like these – given that such images only reinforce the “fat-cat” perception that is the driver of unprecedented criticism of corporate leaders today – and the rhetorical grist for politicians on both sides of the aisle.

For the CEOs that returned from Davos this week – such as Citigroup’s Vikram Pandit and Bank of America’s Brian Moynihan – the time is now to identify and then communicate the tangible business value of their participation. Lessons learned, a more fulsome global approach, and better regulatory structures are just three possible themes they can embrace.

Historically, these gatherings have proven valuable and the intellectual exchanges helpful. For that reputation to continue, participants now have the opportunity to make clear the resulting tangible benefits.

Michael W. Robinson is Senior Vice President and Chair of the Corporate Practice at Levick Strategic Communications, the nation's top crisis communications firm, and a contributing author to Bulletproof Blog. Connect with Levick on Twitter: @Levick.

]]> http://www.bulletproofblog.com/2010/02/05/for-embattled-ceos-davos-wasn%e2%80%99t-the-place-to-be/feed/ 0 http://www.bulletproofblog.com/2010/02/04/sec-to-focus-on-whats-coming-next/ http://www.bulletproofblog.com/2010/02/04/sec-to-focus-on-whats-coming-next/#comments Thu, 04 Feb 2010 15:55:06 +0000 Michael Robinson http://www.bulletproofblog.com/?p=2065
While this is indeed sage advice, it is unfortunately seldom followed by legislators and regulators who are often too preoccupied with investigating the problems of the past to focus their attention on the dangers that lurk ahead.

At the Securities and Exchange Commission (SEC), however, Chairman Mary Schapiro is seeking to change that dynamic. The Division of Risk, Strategy, and Financial Innovation, or RiskFin, as it has come to be known, is the first new division established at the SEC in 37 years. As the Wall Street Journal put it last week, RiskFin’s mission is “to protect the financial system from the next potentially toxic innovation or the next Bernard Madoff.”

The message to those who would seek to game the system is clear: the SEC has moved smartly and quickly to forestall future frauds and threats to the marketplace. And it has done so with the foresight and agility to move as quickly as the market itself.

For many, the work at RiskFin will be received favorably – that is to say that businesses with long-term horizons will recognize the value in being seen as good actors – and staying out of the SEC’s (at least the Enforcement Division’s) spotlight.

Michael W. Robinson is Senior Vice President and Chair of the Corporate Practice at Levick Strategic Communications, the nation's top crisis communications firm, and a contributing author to Bulletproof Blog. Connect with Levick on Twitter: @Levick.

]]> http://www.bulletproofblog.com/2010/02/04/sec-to-focus-on-whats-coming-next/feed/ 0 http://www.bulletproofblog.com/2010/02/04/toyota-on-right-road-now-%e2%80%93-and-must-stay-in-driver%e2%80%99s-seat/ http://www.bulletproofblog.com/2010/02/04/toyota-on-right-road-now-%e2%80%93-and-must-stay-in-driver%e2%80%99s-seat/#comments Thu, 04 Feb 2010 13:59:20 +0000 Gene Grabowski http://www.bulletproofblog.com/?p=2059 getting its communications act in gear.

The automaker’s senior executives are now following the basic principles of crisis communications. They’re apologizing to customers, offering details on the cause of the pedal’s malfunction, providing dealers with needed replacement parts and vowing to do everything possible to prevent another such incident from happening again. In short, they are beginning to take control of the story.

Now comes the really hard part. Toyota has to keep it coming – and fast. Because of their late start in the process, the company’s leaders must intensify their outreach in the traditional media, making themselves available for print and broadcast interviews around the clock and writing sensible and honest articles for newspaper and magazine opinion pages  that clearly explain what happened and what they are doing to fix this alarming problem now and in the future.

Even more important, Toyota’s leaders must remain active participants in the digital media that national polling services like Zogby and Gallup now tell us Americans consider their most reliable sources of information. As an immediate next step, Toyota USA CEO Jim Lentz should consider posting his blog comments and making himself available for question-and-answer sessions on high-authority auto and driver blogs like thetruthaboutcars.com, autoblog and Motortrend, and in widely read general blogs like the Huffington Post and The Daily Beast. Consumers need to see the human faces and hear the human voices of Mr. Lentz and other executives who stand together and make the global carmaker what it really is.

To its credit, Toyota has a wealth of information about the recall and its actions to correct the problem on its website, www.toyota.com. But it must continually update that information and optimize connections to it from other news and information sources from around the world to ensure that consumers searching for anything on the Internet – positive or negative – about the recall, inevitably find the automaker’s web site at or near the top of the search results list.

Toyota must do all this and more because it’s now at the center of one of the most important business stories of our time. And if it doesn’t write that story, its adversaries will. In cases like these, companies that remain silent or that dole out information in irregular and tiny portions are viewed as hostile and uncaring,

In truth, Toyota has a lot to tell us about what it’s doing right. It can’t stop now.

Gene Grabowski is Senior Vice President of Crisis and Litigation at Levick Strategic Communications, the nation’s top crisis communications firm, and a contributing author to Bulletproof Blog. Connect with him @crisisguru.

]]> http://www.bulletproofblog.com/2010/02/04/toyota-on-right-road-now-%e2%80%93-and-must-stay-in-driver%e2%80%99s-seat/feed/ 0 http://www.bulletproofblog.com/2010/02/03/whats-next-the-plaintiffs-perspective-title-insurers-face-new-rico-exposure/ http://www.bulletproofblog.com/2010/02/03/whats-next-the-plaintiffs-perspective-title-insurers-face-new-rico-exposure/#comments Wed, 03 Feb 2010 18:27:03 +0000 Larry Smith http://www.bulletproofblog.com/?p=2043 In this regular feature, Bulletproof interviews top plaintiffs' attorneys for their perspective on the crises likely to affect businesses in the near future. Today we talk to Daniel Harris of The Law Offices of Daniel Harris in Chicago and Ann Miller of Ann Miller, LLC in Philadelphia, two of the lawyers representing plaintiffs in Coleman v. Commonwealth Land Title Insurance Co.

In late January, 2010 U.S. District Judge Joel H. Slomsky refused to dismiss class action RICO consumer suits alleging that defendants overcharged for title insurance by willfully ignoring mandated discounts. There have been numerous similar complaints in recent years, but this litigation marks the first time a court expressly affirmed that RICO claims are supportable in such cases.

Does this case make new law insofar as the agents and the insurers are being treated as distinct from one another, which is what the RICO statute requires? I don’t believe there was precedent for that with respect to the insurance industry.

Daniel Harris: This case neither makes new law nor does it expand existing law. The court’s decision simply follows existing law. Agents may be empowered to write coverage on behalf of the insurer, but they’re agents – not employees, as the Judge noted. They’re separate entities in an association-in-fact between insurers and title agents.

You’d have to ask the insurers what they think about the effects of this RICO dimension on their business and if it represents a developing industry-wide problem. I’d only emphasize that Judge Slomsky clearly said that we satisfied the minimum 'person' and 'enterprise' distinctiveness requirement.

Ann Miller: This case is about the systematic and willful overcharging of consumers and, therefore, exactly the sort of behavior that the civil RICO statute is meant to deal with. The defendants should be spending more time worrying about what they’ve done wrong, and how to rectify it in the future, rather than quibbling over technicalities. Theirs is a guilty man’s argument.

The actual cause of action was failure to disclose discount entitlements. Would such disclosure requirements impose a new burden on businesses to ensure that customers are fully aware of any discounts to which they might be entitled?

Ann Miller: What’s key here is that, under Pennsylvania law, title insurance rates are governed by a statute passed in August 2005 that calls for a 10 percent "reissue rate" discount under specific circumstances. It’s not as if the title insurance companies were offering some sort of a blue plate special and the waitress forgot to mention it. These title insurance discounts are part of the actual regulated cost.

Daniel Harris: It’s similar to how Medicare is set up, for example, where there may be a discounted price based on a particular schedule. People have gone to jail for willfully ignoring those discounts.

How would you sum up the message that this case sends to the title insurance industry?

Daniel Harris: Let me answer that in this way. The title insurance industry is part of the mortgage industry, which in recent years has been reckless, irresponsible, and lawless. The message is that we will continue to pursue these and other such causes of action until they start behaving prudently, responsibility, and lawfully.

Ann Miller: The problem with sending them a message is that they don’t usually hear it. They get sued and sued and still don’t change. You wonder what it takes, when litigation is apparently just a cost of doing business to them.

Click here to receive the Plaintiff's Perspective in your inbox each week.

Larry Smith is Senior Vice President of Levick Strategic Communications, the nation's top crisis communications firm, and a contributing author to Bulletproof Blog. Connect with Levick on Twitter: @Levick.

]]> http://www.bulletproofblog.com/2010/02/03/whats-next-the-plaintiffs-perspective-title-insurers-face-new-rico-exposure/feed/ 0 http://www.bulletproofblog.com/2010/02/03/corporations-should-carefully-consider-the-pros-and-cons-of-political-speech/ http://www.bulletproofblog.com/2010/02/03/corporations-should-carefully-consider-the-pros-and-cons-of-political-speech/#comments Wed, 03 Feb 2010 15:51:34 +0000 Andrew Koneschusky http://www.bulletproofblog.com/?p=2045 most damaging ruling since 1857’s Dred Scott decision. Those on the right are cheering it as a repeal of “one of the worst abridgments of the First Amendment since the infamous Alien and Sedition Acts of 1798.” But no matter what you think of the High Court’s recent move to repeal limits on corporate spending on political campaigns, it’s clear that the 2010 election cycle is shaping up to be unlike any we’ve ever seen – though not for the reason that many might think.

Having struck down a 63-year ban on using corporate and labor union general funds to produce and air advertisements either supporting or opposing candidates for national office, the Supreme Court has not only changed the way elections will be run; it has changed the way they will be covered. With pundits and politicians going back hundreds of years in the annals of American history to articulate just how significantly this decision will impact the political process, there’s little doubt that how business and labor interests choose to leverage the ruling is going to be a major media focus moving forward.

Now, the media analyses of political advertising that accompany every election cycle won’t only focus on the tone, accuracy, or issue stances put forth by a particular ad; they are going to include detailed examinations of who is behind the messaging and why. The more impactful the ad, the more intense the spotlight will be.  Those that might attempt to cover their tracks by channeling political activities through intermediaries will likely only inflame the media’s zeal to get to the bottom of the story.

Business interests have always risked alienating about half of their consumers, investors, and employees when wading into the messy world of politics – but now, the stakes have risen dramatically. Back in 1989, The National Organization of Women organized a boycott of Domino’s Pizza because of rumors that the company donated to anti-abortion groups such as Operation Rescue. Even though the rumors were later proven untrue, the brand damage was done.

If such a backlash can arise over a global brand’s position on one particular issue, imagine what might be in the offing for a company whose support of one particular candidate could be construed as support for every issue stance that candidate has ever articulated. Throw today’s hyper-polarized environment into the mix and the liabilities facing any company that races headlong into the political fray are simply too numerous to ignore.

The Supreme Court has opened the door for Corporate America to take a greater role in political discourse. But before companies get carried away, they would be wise to consider all that’s at stake when exercising their newfound and highly-controversial rights.

Andrew Koneschusky is a Vice President at Levick Strategic Communications and a contributing author to Bulletproof Blog. Connect with Levick on Twitter: @Levick.

]]> http://www.bulletproofblog.com/2010/02/03/corporations-should-carefully-consider-the-pros-and-cons-of-political-speech/feed/ 0 http://www.bulletproofblog.com/2010/02/02/six-six-6-ways-to-empower-employees-as-brand-advocates-online/ http://www.bulletproofblog.com/2010/02/02/six-six-6-ways-to-empower-employees-as-brand-advocates-online/#comments Tue, 02 Feb 2010 21:43:18 +0000 Dallas Lawrence http://www.bulletproofblog.com/?p=2036 The top six social media tips to know before you leave the office.

You’ve heard it before: there are 350 million users on Facebook, 20 million active Twitter users, and hundreds of millions of YouTube videos are viewed each day. It is a safe bet that your company’s employees are actively using these platforms and are likely discussing their work. But, before locking down access to these sites or banning employee engagement, consider the potential of this ready base of support in shaping the online conversation.

With social media playing an ever increasing role in shaping consumer perceptions, companies must effectively monitor and respond to these conversations – and in this respect, one often overlooked solution is to empower employees as online brand ambassadors. There’s simply no piece of software that can deliver the same benefits as the eye balls and advocacy of your employees.

This week’s Six @ Six discusses ways to leverage your employees in the online arena to respond in crisis, ensure quality customer service, and even assist in marketing efforts. What is your company doing? Let me know on Twitter @dallaslawrence.

1. Develop a Comprehensive Employee Social Media Policy

When empowering your employees to engage online – particularly when they represent the brand itself – the first step is drafting a corporate social media use policy. This policy should outline your company’s view on social media, the types of activities that are allowed, and the consequences for violating the policy. While developing the policy, it’s important to ask input from a variety of divisions and experience levels. Once finalized, this policy should be shared with all employees and saved in a place easily accessible to all employees such as an Intranet. Many companies also choose to share their social media policies with the public – this practice increases transparency and ensures customer expectations are managed. If you need help developing your policy, check out Social Media Governance, which maintains a database of organizational social media policies. The list is an invaluable resource for groups writing or revising their own rules of social media engagement. Coke and IBM have fantastic policies that spell out the rules, energize employees about participating in social media, and offer the appropriate legal protection without weighing down the policy in boring jargon. By arming each employee with sound social media guidance, companies can build an army of employee brand ambassadors, avoid potential problems, and develop a base of support able to respond when online crises emerge.

2. Survey Employees for Existing Expertise

More likely than not, the majority of your employees are already engaged on at least one social networking site. A survey conducted by UK-based firm Morse found that 57 percent of employees surveyed admitted to spending more than 40 minutes on social networking sites each week. To harness this existing online savvy, try conducting a survey of employees to help identify potential advocates on sites such as LinkedIn, Facebook, and Twitter. Such a survey should also inquire about the blogs employees read or contribute to on a regular basis. Most important, in order to ensure cooperation and to help reassure employees that the company has the best intentions, the survey should be voluntary. Otherwise, your employees may be suspicious of your intentions.

3. Educate Long-serving Employees

Some of your strongest allies are also likely to be some of your longest serving employees. These individuals can stand to benefit from training on the ins and outs of social media – both for themselves and for your brand. In fact, bringing these individuals online will help you reach the fastest growing population on Facebook and other sites – adults 35 and older. While some in this group may be hesitant to engage, far more are interested in learning about the technologies their children – and even their grandchildren – are using. Should you meet with resistance, remind this key group that learning about social media will help not just the company communicate with customers, but will also help each of them communicate with friends and family.

4. Re-educate New Employees

Even the most Web-savvy employees need to be informed of the intricacies of online professional etiquette. New hires just out of college may be actively involved in social media platforms, but they may not be aware of precisely what is acceptable in the business world. Having a social media policy in place will help define appropriate behavior for your staff, but holding training sessions to review dos and don’ts should also be part of your corporate culture. Institutionalized education in this area can help your employees – and by extension your company – avoid the online crises that can arise when an unacceptable photograph or glib remark is posted online. Specifically, keep these employees apprised of ever-changing privacy settings that routinely make more and more material available to the general Internet audience – including the possibility of being found through emerging social media searches offered by Google, Bing, and Yahoo.

5. Encourage Employees To Do the Talking

Social media users have little tolerance for generic marketing campaigns and insincere corporate engagements. Encouraging employees to openly discuss your brand lends credibility to your efforts and can help manage consumer perceptions by putting a human face to the brand. For proactive messaging, channels such as corporate blogs or Twitter profiles also stand to benefit from the inclusion of employee voices. Recruit members of your team from all ranks (customer service reps, sales team members, engineers, etc.) so that each can discuss issues specific to their own specialty. In addition to offering structured opportunities to speak on behalf of the company, also encourage your employees to organically join conversations taking place about your company online. Employees reading blogs that write about a new product release or address a brand rumor should feel free to disclose their affiliation and post a comment within the guidelines defined by your social media policy. This again lends message credibility and reassures your customers that their questions are being addressed by the most qualified members of your team.

6. Provide Messaging that Fits the Platform

Some employees are worried they just don’t know what to say to consumers online. Companies and brands can help end this confusion by providing a cheat-sheet or two featuring easy-to-reference answers to frequently asked questions. But remember, one size does not fit all. Each answer provided to employees needs a version that fits the length restrictions of Twitter, multimedia capabilities of Facebook, or etiquette of blog comment sections. Building responses specific to each of these platforms will provide the maximum return on investment – and empower employees to quickly and appropriately engage when crisis rears its ugly head.

Click here to receive Six @ Six in your inbox each week

Dallas Lawrence is Chair of the Social and Digital Media Practice at Levick Strategic Communications, the nation’s top crisis communications firm. He blogs on emerging digital media trends and best practices for social media engagement on BulletProof. Connect with him @dallaslawrence.

]]> http://www.bulletproofblog.com/2010/02/02/six-six-6-ways-to-empower-employees-as-brand-advocates-online/feed/ 2 http://www.bulletproofblog.com/2010/02/02/jobs%e2%80%99-past-comments-could-prove-troublesome-in-apple%e2%80%99s-ip-dispute/ http://www.bulletproofblog.com/2010/02/02/jobs%e2%80%99-past-comments-could-prove-troublesome-in-apple%e2%80%99s-ip-dispute/#comments Tue, 02 Feb 2010 15:21:05 +0000 Leslie Valenza http://www.bulletproofblog.com/?p=2029 voted to initiate an investigation into whether or not Apple Computer products such as the wildly popular iPhone and Macbook illegally infringe upon patents held by Nokia. It’s just the latest development in a dispute that has raged since Nokia filed a complaint in October alleging that Apple broke U.S. intellectual property laws by using ten patent-protected technologies in just about every product the tech giant sells.

Not surprisingly, Apple responded to that initial salvo by filing a complaint in December alleging that Nokia is illegally infringing on 13 of its patents. And just a few weeks ago, Apple requested a similar ITC investigation into Nokia that has yet to be taken up by the Commission.

This merry-go-round of complaints, claims, and suits is not unusual in patent disputes involving major technology developers – which is probably why courtroom fireworks do not typically sway the Court of Public Opinion in such cases. Add arcane IP law to the predictable he-said/she-said polyphony, and it isn’t long before most audiences tune out to anything that doesn’t directly affect their own device usage.

Interestingly, though, this case may offer a way for Nokia to leverage public opinion in a way that few such cases usually provide. Nokia’s initial complaint states that, “In 1996, Apple founder and CEO Steve Jobs appeared in the PBS documentary 'Triumph of the Nerds' and freely acknowledged Apple's use of others' ideas.” The complaint quotes Jobs as saying, “we have always been shameless about stealing great ideas.”

Earlier this month, the Internet picked up the Jobs quote. The impact was less than thunderous, yet the opportunity still remains to broaden the issue beyond technical minutiae, and to make what’s tantamount to the adversary’s business model a point of contention. In turn, it could generate serious and useful discussion of the difference between stealing an idea and violating a patent.

In that PBS interview, Jobs quoted Picasso, “Good artists steal; great artists copy.” Picasso got away with it. We’ll see if Steve Jobs can too.

Leslie Valenza is Of Counsel at Levick Strategic Communications and a contributor to Bulletproof Blog. Connect with Levick on Twitter: @Levick.

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