Archive
Media & Tech firms on corporate governance and shareholder responsibility
In this post we’ll be looking at a variety of firms in the media and tech sector as we examine how their vision impacts on the broader economy.
- Short-termism and misdirection (Amazon and legacy players)
In March, Zeitgeist was privileged enough to attend an intimate dinner (well, fifty guests or so-type intimate), hosted by the CEO of a major media company. Much of his speech during our meal was focused on his relatively pessimistic outlook for global growth. One of the key causes of this, he noted, was firms and their fanatical focus on what is known as “short-termism”.
Much editorial ink has been spilled on this concept, one which is hardly new. The argument being that, because of a public company’s fiduciary responsibility to shareholders – who are becoming increasingly activist in nature – the C-suite in turn must increasingly focus on quarterly activities that deliver fat returns for said shareholders. This, at the expense of a longer-term vision or strategy that creates, for example, more sustained competitive differentiation, better margins or improved products. Indeed, in Zeitgeist’s view, many organisations, particularly those in legacy industries, are caught in a difficult Catch 22 situation; they need to maintain investor confidence in order to keep share prices stable while simultaneously investing heavily for the medium term in order to reinvent their business and avoid disintermediation from start-ups. Sony is a great example of this We won’t mention any names here of particular examples, of course…
However, what was interesting was that in February, The Economist published an editorial in its Schumpeter section, detailing how “short-termism” was not only a vague term but also misdiagnosed the root cause of the problem. One symptom of short-termism is share buybacks; the article argues that this is more to do with the fact that larger companies are growing more successful (a worrying trend we have touched on before, which puts paid to the idea that digital disruptors are in themselves value-laden orgs). As a consequence of their increasing success, they have more cash than they know what to do with (look at Apple), and so don’t spend it in a constructive way (look at Apple’s acquisition of Beats). These profits, as the article puts it, are “put to no use”. This won’t change unless competition policy improves; that is unbelievably unlikely to happen in a Trump administration.
Of course there are outliers to every argument. Thankfully there is one to be found here in the shape of Amazon. We mentioned The Economist earlier; the company appeared on the cover of last week’s issue, depicted as a fleet of enormous drones from some future time and place. Amazon’s investors seem to be made of an unusual crowd of people with an exclusively long-term outlook. As the article points out: “Never before has a company been worth so much for so long while making so little money: 92% of its value is due to profits expected after 2020“. While nothing seems to be getting in the way of Amazon’s approach for now, regulation will inevitably come into play (though, as mentioned above, perhaps less so in the US), as it becomes an ever more dominant, global force.
- Accountability and Purpose (BuzzFeed, Snap)
While incumbents are hammering out an approach, newer firms are trying to wind their way to going public. News of an IPO for BuzzFeed recently has raised many eyebrows. As the Financial Times pointed out last year, the company has “missed revenue targets in 2015 and halved its projections for 2016 from $500m to $250m”. Not a shining endorsement. Even without its prior performance taken into consideration, its business model is not guaranteed to woo investors, who are not usually won over by ad-supported models, or by firms that make viral videos, which rely on the fickle interests of the masses to make them profitable.
At the other end of the spectrum was the frothiness and exuberance that greeted Snap’s recent, enormous, IPO (albeit, as above, with some skeptical heads). This despite its existential challenges as platforms like Instagram et al seek to emulate what currently sets it apart from its rivals. In addition to this, there has been concern over the opacity of the company’s structure and shareholding rights, indicative of what the FT called a “21st century governance vacuum”. Snap’s IPO was the first ever in the US to issue shares with no voting rights at all. The newspaper elaborated,
By any standard Snap’s governance arrangements are flawed and its directors minimally accountable. Anne Simpson, a leading governance expert at the California pension fund Calpers, dubs this “a banana republic approach” to corporate governance.
Though the worst sinner, it is also indicative of a larger, worrying trend that is particularly common at tech companies (see Google, Facebook and Alibaba). The reason for going public has changed. As the FT points out, the principle reason for doing so now is so that “fresh equity fills the yawning gap between revenue and expenditure”. A lack of investor oversight means that accountability is less prevalent than ever.
On the bright side, some companies are looking beyond simply maximising shareholder returns to see how they can benefit society. Last year, Boston Consulting Group wrote an unusually whimsical thought piece on the impact businesses could have if they imbued themselves with purpose, acknowledging that with globalisation and technology trends, there are sometimes losers. Deloitte worked with the UK government to publish a report (also last year), detailing how businesses with a purpose beyond traditional financial returns – aka “Mission-led” – were more successful than those without.
- Next steps
Such thinking and work needs scaling, and needs to be evangelised beyond the traditional boundaries of Davos seminars. Without it, increasing deregulation and opaque public offerings are likely to hasten the end of an already long-ish period of global economic growth. Media and technology firms of today tend to provide products that are mostly services, i.e. intangible to the end-user but imbued with value. It would be prudent for them to think about where transparency and accountability adds purpose to their vision, structure, strategy and communication.
Trials and tribulations for film franchises in 2015
It’s sequel season. While the Mission: Impossible franchise looked set to continue unabated – with, in Zeitgeist’s opinion, a superb Rogue Nation – others were not so fortunate. The revival of the Fantastic Four franchise by Fox saw far less solid returns and though it publicly remains committed to the franchise, it does have several directions it can now go, according to The Hollywood Reporter.
Two of this year’s – and of all time – uber-franchises are of course Star Wars and James Bond. Slated for release at the end of the year (December and November, respectively), trailers for the films are already out in the wild; the Star Wars second trailer set a Guinness World Record. Incidentally, both franchises have made a home out of Pinewood studios in the UK, where a mix of highly-skilled labour and tax incentives are a potent attraction. Both franchises, with roots going back decades, will look to exploit a popular desire for nostalgia that is also playing out in television with the arrival of reboots like Twin Peaks and The X-Files. Recently, however, both franchises have faced existential questions; one over how to promote a film that for many already has high awareness, while managing equally high expectations; the second over ownership.
How to market Star Wars?
Last month’s Comic-Con, a densely-packed meeting place for mega-nerd and studio exec alike, would have been, one would think, a superb place for some exclusive footage, interviews or other filmic crumbs from the Star Wars reboot to be shared to the salivating masses. However, as The New York Times reported, the presence of Star Wars: The Force Awakens was “strangely invisible”, while films as far away as 2017 adorned many a banner or trolley cart. It was not until the end of the week that J. J. Abrams emerged, refusing to divulge any plot details. Much as with knowing the ideal time to start the promotional blitz so that a film remains in an Academy voter’s mind come Oscar voting time, Disney does not want to risk creating excitement in the marketplace too soon, only to have such buzz die down by the time the film is released. Eagle-eyed fans will also be on the lookout for the equivalent of a Jar-Jar Binks in this franchise, something that will immediately turn them off. These fans don’t want to be left out in the cold either, as they very much felt they were when George Lucas tinkered with the original trilogy to add new digital elements (i.e. “Why was I not consulted?”).
Disney have played this long game before. Five years ago we wrote about the careful marketing activity behind the sequel to Tron – another franchise with a long history and a rabid fan base that formed part of a nerd’s cultural pantheon. All in all, the marketing activity spanned three and a half years. Adding to the difficulty of the long lead time is the industry’s second biggest market, China, where Star Wars was never theatrically released. Different tactics for raising awareness might be needed here, but in full knowledge that any materials will quickly make their way online and around the world.
Until now, prominent activity has been otherwise limited to a Vanity Fair cover article and a Secret Cinema screening of Empire Strikes Back that has had most of London’s 20-30somethings raving all summer. It will be difficult to gauge how much or little the marketing activity has to do with the latest iteration of such a powerful icon of culture and film; Disney must do its best to ensure its fans are kept happy but craving until December.
Who will own the right to show Bond?
Skyfall, released in 2012, was Bond’s most successful offering to date. But this year’s outing, Spectre, will be the last before a deal ends between Sony Pictures and MGM / EON, the latter being the rights owners, who plan to shop distribution rights to a different studio. This would be a significant hit to the brand equity of a studio that has seen too few box office successes of late, arguably too many Spider-Man reboots, and the too-sorry tale of a cyberattack that exposed painfully frank emails, budgets, and salaries. Its stable of franchises is low compared to its peers; Universal finds itself with a newly-rejuvenated cash cow in the form of Jurassic World; Warner Brothers has its DC Comics franchise.
Outside of the brand though, the financial impact could be limited. While Sony had a 50% equity stake in Casino Royale and Quantum of Solace, according to the FT this was reduced to 20% for Skyfall and Spectre. “While it’s a good piece of business the financial upside or downside is not significant on either end”, a person close to the studio told the paper.
Likely suitors look to be 21st Century Fox – which has enjoyed a long relationship with MGM as its home entertainment distribution partner for a decade – or Warners, which distributed MGM’s Hobbit trilogy. Furthermore, the FT reports that “Kevin Tsujihara, the Warner Bros chairman, is a close friend of Gary Barber, his opposite number at MGM. The two have invested in several racehorses together, including Comma to the Top, which they bought for $22,000 and which had career earnings of more than $1.3m”. As with all things, timing will be everything as MGM ponders an IPO, which might see a higher valuation with a new studio deal in the offing.
Imitation & Innovation in China
It is said that imitation is the sincerest form of flattery. If true, it should follow then that China are huge fans of most consumer electronics brands. We’ve written before about threats to intellectual property. The impact of such imitators is most keenly felt by the end user, and can be mixed. In India, back in 2011, counterfeit DVDs of The Dark Knight sold for over $600 a pop. In China, where a limited embargo on foreign films exists, scarcity has spurred innovation, leading to grey-market DVDs with more special features for viewers to enjoy.
Such innovation still flouts the law, however, and is nothing new. In his book A History of Future Cities, Daniel Brook writes in detail of the Westernisation of Shanghai at the end of the 19th century:
“As early as 1863, the British food company, Lea & Perrins, was taking out ads in the North China Herald to warn Shanghai consumers of ‘spurious imitations of their celebrated Worcestershire sauce [with] labels closely resembling those of the genuine Sauce’ and threatening lawsuits against anyone who dared to manufacture or sell the knockoff product”
Today, China still struggles to build powerful brands that work outside the country as well as they perform domestically. An editorial earlier this week in the Financial Times confirmed this status, with a focus on handset manufacturer Xiaomi. The editorial rightly points out Xiaomi have made good attempts at brand cultivation, including a strong social media following that cultivates a sense of belonging that results in people attending new product releases in the same uniform and plush toys (see header photo). More could be done though. Ultimately the brand can be as glitzy as you want, but without an exciting business beneath, generating excitement will be hard: “It is a sound business, but not an innovative one”. Its product specs borrow from Samsung, its product design and launch motif from Apple, albeit with some mildly diverting software additions of there own, such as a way to navigate automated phone systems.
The risk of failure in markets outside of China has potentially been heightened by the centrally planned market environment present there, which rewards and protects national incumbents while doing its best to hinder new, foreign entrants. A domestic market with over a billion people is not a bad starting place, but as the FT concludes, “If Chinese brands are going to take on their rivals around the world, they need to dazzle us with something we have never seen before, much like Sony did with its life-altering Walkman“. Sony though will feel keenly that such dazzlers do not a sustainable competitive advantage make.
Firefighting at Sony

Sony’s ‘The Amazing Spider-Man 2’ made a cool $700m+ at the global box office for the studio and its parent company. Elsewhere, the news for Sony was less rosy.
We’ve written about Sony multiple times over the years, rarely in a good light. A parody Twitter account of the company’s CEO, Kazuo Hirai, often makes for entertaining reading. The company can’t seem to catch a break. Its latest financial results, released today, warned of a $2.2bn loss for the financial year, the sixth loss in seven years. For the first time since 1958, the company will not pay a dividend. Much of the blame fell to the ailing smartphone division, which generates a fifth of the company’s revenue, but other businesses hurt the conglom too. The company loses $80 on every TV sold; rumours abound they will sell the Spider-Man franchise back to Marvel for a quick payday; the one bright light, Playstation, which took the company into the black in Q2, is beginning to seem risky, as customers look beyond single-use devices like games consoles, a trend we spotted back in January last year. (Earlier this week, Microsoft continued to hint that it might spin off the Xbox business). Sony recently spun off its TV division into a subsidiary and sold its PC business. These actions in turn were supposed to bear fruit, but clearly haven’t.
Much of the difficulty Sony faces was elaborated on in detail in a brilliant profile of then-CEO Sir Howard Stringer for The New Yorker, back in 2006. Little has changed since then. In today’s FT, the newspaper outlines the longevity of Sony’s heartache.
June 1999 Nobuyuki Idei becomes chief executive. Four years later he presides over the infamous Sony “Shokku”, or shock, in which the group surprised investors with a profits warning.
June 2005 British-born Howard Stringer becomes chief executive, the first foreigner to lead Sony with a mandate to restore profitability and turn the core electronics business round.
September 2005 Sir Howard’s first major restructuring initiative outlines a plan to cut staff numbers by 10,000, or 7 per cent, and reduce costs by Y200bn. It will also close 11 manufacturing plants, streamline its number of products and generate capital from asset sales. “We must be like the Russians defending Moscow against Napoleon, ready to scorch the earth to stay ahead of the invaders. We must be Sony United and fight like the Sony warriors we are,” he says.
December 2008 A second wave of restructuring begins with plans to cut 16,000 full-time and part-time jobs in its electronics businesses around the world.
2011 Sony downgrades its net income forecasts four times.
March 2012 The group highlights its digital imaging, game and mobile units as the three core pillars of its electronics business.
April 2012 Kazuo ‘Kaz’ Hirai takes over as chief executive. Sir Howard says he will be a “tough-mind[ed]” leader. The first restructuring under Mr Hirai is outlined under the banner of “Sony will change”. Sony will shed 10,000 jobs, or about 6 per cent of its global headcount, over the next three years.
March 2013 The group reports its first full-year net income in five years.
October 2013 Sony warns on profits.
January 2014 Moody’s cuts Sony rating to junk.
February 2014 Plans to spin out the television business and sell the Vaio PC business are announced.
May 2014 Sony warns on profits for the third time in six months.
July 2014 The group surprises the market by swinging into profit for the second quarter.
September 2014 Sony warns that its expected annual net loss will be nearly five times as big as initially predicted at Y230bn.
How Apple flaunts precedents
If a market sector hasn’t seen a great deal of activity or customer engagement, after several attempts by respected companies, it might be deemed a bit of a risk for a business to enter the market. Why try where others – with the benefit of first-mover advantage – have failed?
For Apple, the opposite is the case. Sony was already trying to make laptops look beautiful with Vaio before the success of the iMac, Creative Labs and others had been selling MP3 players for years before the first iPod launched in 2001. Microsoft had tried its hand at smartphones with the Pocket PC before Apple wowed the world with the iPhone and Intel made a tablet in 2001 that saw little success. So it was curious to see the below quote yesterday from Ben Bajarin, analyst at Creative Strategies, on the eve of the release of Apple’s Watch device.
“There really isn’t a market for wearables yet… You struggle to find the value proposition and the reason for Apple to do it.”
The reason for doing it is precisely because so many of Apple’s peers and pretenders have failed to create a market for wearables, just as they failed to create a market for the tablet, the smartphone and the MP3 player.
TV’s bloody disruptions
Last night, Zeitgeist eagerly devoured the first episode of the new season of Netflix‘s House of Cards, a series that has received lavish praise – not least from us – both for its content and its position as vanguard of a new wave of television distribution, production and consumption. The series lead, Frank Underwood, takes on his competition with a ruthless lack of morality that is unlikely to jar with those in the cutthroat television industry. The New York Times recently featured an excellent piece on the series, focusing on the showrunner Beau Willimon, the unique nature of doing such a show with Netflix, which among other things guaranteed 26 shows upfront, and the new mood of “post-hope” politics. Is traditional linear TV entering its own post-hope state?
Such talk of impending doom makes for nice editorial (which Zeitgeist is not averse to), but how true is it? To some extent, such new forms of consumption are being hampered by externalities as the platforms make the switch from early adopters to the everyday consumer. Indeed, Netflix’s sheer popularity is proving to be a thorn in its side. In November last year, Sandvine reported that the content Netflix provides now accounts for almost a third of internet traffic in the US. This staggering figure no doubt accounts for at least part of why internet speeds take such a distinct hit during primetime viewing hours (see chart below). As Quartz has the insight to point out, such issues are less to do with intentional throttling and more to do with peering agreements between ISPs and content providers.

Download speeds happen to take a significant hit right around the time people are looking to kick back with some Netflix
Such issues are likely to be ever more prevalent as the notion of net neutrality continues to come under attack. At the end of last month, a federal appeals court overturned the Federal Communication Commission’s Open Internet Order, which had stipulated that ISPs could not prejudice one type of internet traffic over another. The fear of any such policy being overturned has always been one of the creation of a two-tier internet, where people who can afford faster internet get preferential access, and companies are free to charge distributors differing amounts based on the type or amount of content they are delivering. Such consternation was also felt in government, where five US senators called on the FCC chairman to “act with expediency” to preserve the open internet. The news immediately caused concern for Netflix, as shareholders fretted that ISPs might start to charge the company for the traffic it takes up. CEO Reed Hastings responded categorically,
“Were this draconian scenario to unfold with some ISP, we would vigorously protest and encourage our members to demand the open Internet they are paying their ISP to deliver.”
Consolidation and the narrowing of choice took a further hit on Wednesday this week when Comcast announced it would buy all of Time Warner Cable for $44.2bn. The choice on cable landscape is already limited for the US, so it will be interesting to see what regulators make the deal. Chad Gutstein, former COO of Ovation, an independent arts-focused cable channel, penned an article in Variety saying that any concerns over the deal should be restricted to the possibility of abuse of a dominant position, rather than simply market share.Columbia Law School professor Tim Wu, writing in The New Yorker, rightly points out that the FCC should be approving such mergers only if they serve the public interest. He sees no such possibility in this instance, where the most pressing need for cable customers is lower prices. Last year, he writes, Comcast collected about $156 a month on average, per customer. For cable. Professor Wu contends that the merger would put Comcast in a position that would make it easier to raise prices further. This, despite the fact that conditions created via the merger would technically put the company in a position where it could create savings, both through economies of scale and more advantageous negotiating positions with programmers like ESPN and Viacom. Of course, Comcast is probably keen on preserving if not extending margins as it faces increasing competition from players like Netflix and Amazon. Cord cutting may be in vogue now, but Comcast will try to combat this by creating what is called ‘lock-in’. Craig Aaron, president of Free Press, a consumer advocacy group, is quoted in the New York Times; “Comcast and the new, giant Comcast are going to do as much as they can to stop you from unbundling. In order for you to get content you like, you’re going to be pushed to pay the cable bill, too”. Such tactics will test the limits of customer inertia, but only if they have somewhere else to go as a viable alternative.
The switch to online viewing is also raising issues of policy change in the UK. Public service broadcaster the BBC has long left it unclear as to at what point requiring a TV licence is mandatory, leaving citizens to infer that simply owning a television set is reason enough. Recently though, the broadcaster finally clarified that owners can use their TV, with no fee, to play games, watch DVDs, basically do anything that doesn’t involve watching live television. For the moment, this also includes their IPTV offering, iPlayer. In an article earlier this month, The Economist said the fee was “becoming ever harder to justify”. Antonella Mei-Pochtler of the Boston Consulting Group, quoted in the article, believes the increasing trend of young people to timeshift their viewing is likely to become ingrained. Coupled with the growth of internet-connected TVs, this is bound to accelerate a shift away from traditional linear consumption. The BBC is soon to begin developing premium content for its iPlayer service in order to seek additional revenue streams that may offset a decline in fees paid. But as The Economist points out,
“[T]hat would suggest, dangerously, that the BBC is like any other optional subscription service. Folding on-demand services into the licence fee could also amplify calls for the BBC to share its cash with other broadcasters, not least because such consumption may be precisely measured.”
When we look at the market for television sets and set top boxes, the news isn’t that superb either. The curved TVs debuted at CES in January are surely little more than a distraction. Last week, Business Insider reported that Sony is to finally spin off its TV operations into a separate unit, amongst news of $1.1bn in losses and 5,000 job cuts. But while we’ve talked of consolidation and narrowing choice, we also need to recognise this is also a period of unprecedented choice for consumers. As a recent article on GigaOm points out, there are millions of channels on YouTube alone. There are growing pains. As consumption of such content moves “to the living room”, the article details various sub rosa negotiationsby retailers like Walmart with their own video market, or players like Netflix willing to pay top dollar to put branded buttons on remote controls. What is clear, with all the issues described in this post, is that consumer choice needs to be preserved in an open market with plenty of competition. Such an environment will always foster innovation. This may breed disruption, but that doesn’t have to mean devastation. The age of linear TV viewing may be at the beginning of its end, but that doesn’t mean there’s still a lot to fight for, even if it’s a scrap. Frank Underwood wouldn’t have it any other way.
UPDATE (22/02/14): The New York Times published an interesting article comparing Netflix and HBO recently, showing how the two companies are faring financially (see image above), as well as their approaches to developing content, which started off as opposing ideologies but are slowly starting to meet in the middle as they borrow from each other’s playbook. The article quotes Ted Sarandos, Netflix’s chief content officer: “The goal is to become HBO faster than HBO can become us.”
UPDATE (22/02/14): Of course, commercial network television in general is also going through a period of consternation, slowly building since the day TiVo started shipping. At the end of last year, the Financial Times reported that share of advertising spend on television is set to end after three decades. This is partly due to a proliferation of new devices and platforms – not least of which is Netflix – but also partly due to the amount of people time-shifting their viewing and skipping through the ads along the way. Thinkbox, a lobbying arm for the television industry, recently published a blog article with accompanying chart. It illustrated how many people time-shifted a particular programme depending on the genre. For example, fewer people time-shifted the news than drama shows. But one of the key points made in the article is “that there is no significant difference in the amount of commercial TV which is recorded and played back compared with BBC equivalents. To put it another way: TV is not time-shifted in an attempt to avoid ads”. This is specious reasoning at best. While it may be true that, yes, people do not discriminate between whether they time-shift a BBC show or an ITV show, it would be totally wrong to infer that those viewers are not avoiding ads when they do appear. The article’s author is guilty of confirmation bias, not to mention grasping at straws.