Thursday, October 25, 2007

THE FOUR STEPS MY MOTHER'S RAMP WOULD ASCEND

Some people might be thinking I am asking for some massive ramp ascending a giant hill...not so. Some people might think we are asking to remove Giant Oak Trees and Huge Retaining Walls. Take a look for yourself...

Below is the picture of the fours steps my mother's temporary ramp would ascend:

The ramp, to have the gentlest rise and not be a ski slope, needs to run from the far right up to the far left. This 28 feet allows for an ADA compliant slope that canot be achieved any other way.
Here are the drawings for the temporary ramp:



This all started with my post Tuesday, October 23, 2007 The Cruelest Community: Disabled Breast Cancer Victim Denied Access to her own Home by Reston Association

MY UNSENT RESPONSE TO THE RESTON ASSOCIATION'S REQUEST FOR ADDITIONAL MATERIALS

Below are thye responses that I wanted to send to the request for additional materials from the Reston Association wackos...

Plat or site plan, drawn to scale, showing how the ramp will relate to the property lines.

I am now in California, my mother is in a hospital bed in Manor Care. I'm sure she will leap to her feet and rush back to her house that she can't get into and find those plats. Oh wait...aren't they on file at the county?

Let me know when you have gone down to the county offices and retrieved those plans and made them part of the proposal!
____________________________________
Elevation drawing of the front of the ramp including the front of the house.

Yea.Right.
____________________________________
Picture of the front right corner of the property where the proposed landing flush with the sidewalk will be located.

See picture 4. Or go see an optometrist.

____________________________________

Plan of removal of the front retaining wall.

Oh, that six inches? Dynamite. Heavy explosives. Most definitely.
____________________________________

Request for approval to remove the two trees in the front yard if the ramp will be installed in their place (our records show that there were two large trees in the front yard in 1997 that have since been removed without approval. I'm assuming that the two small maples are their replacement?)

I wasn't around ten years ago but it is my understanding they were both struck by lightning simultaneously and destroyed. The local cluster then asked that they be removed. But this is just what I was told by a neighbor.
____________________________________

Color of the railing: painted to match the siding? Left to weather naturally?

We will paint the railings alternatingly pink and neon orange. Randomly we plan on spraying the ramp with glitter.
____________________________________

Wednesday, October 24, 2007

JOLY VS. TOWN OF LAKE (http://www.hud.gov/offices/fheo/enforcement/joly.pdf)

HUD says it is unlawful to refuse to permit:


UNITED STATES OF AMERICA
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
OFFICE OF ADMINISTRATIVE LAW JUDGES
The Secretary, United States )
Department of Housing and Urban )
Development, on behalf of )
Bill Joly and Gail Joly )
)
Charging Party, )
) HUDALJ No.
vs. ) FHEO Case No. 05-04-1291-8
)
The Town of Lake Hunting and Fishing )
Club, Corporation, )
)
Respondent. )
____________________________________)
CHARGE OF DISCRIMINATION
I. JURISDICTION

On or about September 9, 2004, Bill Joly and Gail Joly (“Complainants”), aggrieved persons, timely filed a verified complaint with the U.S. Department of Housing and Urban Development (“HUD”), alleging that Respondent, The Town of Lake Hunting and Fishing Club, Corporation (hereinafter the “Club”), discriminated against Complainants on the basis of disability and sex and retaliated against Complainants in violation of the Fair Housing Act as amended in 1988, 42 U.S.C. § 3601 et seq. (the “Act”).1
The Act authorizes the issuance of a Charge of Discrimination on behalf of an aggrieved person following an investigation and a determination that reasonable cause exists to believe that a discriminatory housing practice has occurred. 42 U.S.C. § 3610 (g)(1) and (2). The Secretary has delegated to the General Counsel (54 Fed.Reg. 13121), who has redelegated to the Regional Counsel (67 Fed.Reg. 44234), the authority to issue such a charge, following a determination of reasonable cause by the Assistant Secretary for Fair Housing and Equal Opportunity or his or her designee.
1 The Determination found reasonable cause to believe that Respondent discriminated against Complainants on the basis of disability in violation of 42 U.S.C. § 3604 (f)(1)(A), (f)(1)(C) and (f)(3)(A) and by retaliating against Complainants in violation of § 3617. The Determination found no reasonable cause to believe Respondent discriminated against Complainant Gail Joly on the basis of sex in violation of 42 U.S.C. § 3604 (b). Furthermore, the Determination found no reasonable cause to believe that Respondent discriminated against Complainants for failing to provide a fence as a reasonable accommodation in violation of 42 U.S.C. § 3604 (f)(3)(B).

The Director of HUD’s Office of Fair Housing and Equal Opportunity for Region V, has determined that reasonable cause exists to believe that a discriminatory housing practice has occurred in this case based on disability, and has authorized the issuance of this Charge of Discrimination.
II. SUMMARY OF ALLEGATIONS IN SUPPORT OF THIS CHARGE
Based on HUD’s investigation of the allegations contained in the aforementioned Complaint and Determination of Reasonable Cause, Respondent Club is charged with discriminating against Complainants Bill Joly and Gail Joly, aggrieved persons, based on disability in violation of 42 U.S.C. §§ 3604 (f)(1)(A), (f)(1)(C), and (f)(3)(A) and with retaliating against Complainants in violation of § 3617 of the Act as follows:
1. It is unlawful to discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of that buyer or renter, or any person associated with that buyer or renter. 42 U.S.C. § 3604 (f)(1)(A) and (f)(1)(C).
2. It is unlawful to refuse to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises. 42 U.S.C. § 3604 (f)(3)(A).
3. It is unlawful to interfere with any person in the exercise or enjoyment of, or account of his having exercised or enjoyed any right granted or protected by §§ 3603 - 3606. 42 U.S.C. § 3617.
4. Respondent Club owns a parcel of property east of the City of Momence along the Kankakee River. The mission of Respondent Club is to facilitate hunting and fishing for its members and to promote sociability among its members. Members of Respondent Club own their own homes on Club grounds as personal property.
5. Respondent Club operates and implements its Constitution and By-Laws (“By-Laws”) through its Board of Directors. Respondent Club permits only one individual membership per assigned property. Members of a household cannot share a membership, even if they are spouses, but they can all reside in the home and can own property in common. Respondent Club considers a non-member resident as a “guest” of the member of Respondent Club.
6. In or around 1987, Complainants Bill and Gail Joly purchased a residence on Respondent Club’s grounds, located at 3193 N. 16780 E. Road, Momence, IL 60954, also referred to as Route 1, Box 430 (“Subject “Property”). Complainant Bill Joly became a member of Respondent Club in 1987. Complainants subsequently moved into the Subject Property in or around 1988.
7. The Subject Property is a single family home with stairs leading to the front and back entrances.

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8. In addition to owning the Subject Property, Complainants also own a three-bedroom home located in Bolingbrook, Illinois. At all relevant times, while Complainants resided at the Subject Property, they leased the Bolingbrook home to tenants, generating approximately $1,100 per month in rental income.
9. Complainant Gail Joly is an individual with a disability as defined by the Fair Housing Act, 42 U.S.C. § 3602 (h). Complainant Gail Joly has osteoarthritis of the hips, heart disease, severe back pain, radicular symptomatology of the knees, myotonic dystrophy, spinal stenosis and depression. By 1998, Complainant Gail Joly was limited in her ability to ambulate with any comfort. She was therefore, at all times relevant, substantially limited in the major life activities of walking and ambulating.
10. In or around 1998, Complainant Gail Joly was using a cane or walker to aid in mobility. In or around March 2001, Complainant began using a manual wheelchair. On or about May 8, 2001, Complainant Gail Joly’s doctor, Dr. Michael N. Skaredoff, prescribed an at-home hospital bed for Complainant, due to the difficulty she was having using a standard bed at home. On or about October 27, 2001, Dr. Skaredoff prescribed a wheelchair for Complainant Gail Joly. In response, Complainant Gail Joly purchased a motorized wheelchair. Complainant Gail Joly is able to walk but with severe pain.
11. At all relevant times, Complainant Gail Joly was unable to ambulate without the use of a cane, walker, or wheelchair. Each time she wanted to leave and return to her dwelling, Complainant Gail Joly had to sit and scoot up the stairs leading to the front entrance doorway in order to gain access to her home.
12. From 2001 to 2003, Complainant Bill Joly presented, both informally and in writing, a reasonable modification request for the installation of the wheelchair ramps. Respondent denied his requests by “tabling” the requests based on insufficiency of documentation, namely, the lack of a detailed sketch of the ramps.
13. On or about October 30, 2003, Complainant Bill Joly applied for a building permit at the Kankakee County Planning Department Building Division (“Kankakee County”) to obtain approval of the construction of the ramp and building permit. Upon information and belief, on or about October 31, 2003, Kankakee County approved the permit for a wheelchair ramp and issued a permit, post-dated on November 3, 2003, because it was issued late in the afternoon on the last day of the month.
14. By letter dated October 31, 2003, Complainant Bill Joly again requested permission from Respondent Club to construct ramps to the front and rear entrance of the Subject Property. Complainant Bill Joly informed Respondent Club that this was necessary in order for him and his wife to move back to the Subject Property. Attached to his letter was a sketch of the wheelchair ramps, the building permit issued by Kankakee and a letter from Complainant Gail Joly’s doctor, Dr. Skaredoff, supporting Complainants’ request for a wheelchair ramp. On behalf of Respondent Club, member Jim Mottys dated the documents received on October 31, 2003.

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15. By letter dated November 14, 2003, Respondent Club denied Complainants’ request for modification to install wheelchair ramps, giving as a reason that Complainant Bill Joly was not considered a member in good standing.2 The letter also threatened that a lien would be placed against the Subject Property if Complainants did not pay Respondent Club’s legal fees related to the litigation over Complainants’ fence.
16. By letter dated December 2, 2003, addressed to Respondent Club’s attorney, Tina Olton, Complainants’ attorney, David Bergdahl, again requested that his clients be allowed to install wheelchair ramps needed for Complainant Gail Joly to access her home.
17. On or about December 7, 2003, Complainant Bill Joly and his attorney, David Bergdahl, attended the regular Club meeting to discuss the status of Complainant Bill Joly’s membership and the installation of the wheelchair ramps. At the meeting, Respondent Club advised Complainant Bill Joly and his attorney that Complainant Bill Joly was not in good standing. Respondent Club explained that no action would be taken on Complainant Bill Joly’s request for modifications to his property because Complainant Bill Joly’s membership was not in good standing. Respondent Club informed Complainant that once he became a member in good standing, Respondent Club would reconsider his request.
18. By letter dated April 15, 2004, Complainants’ new attorney, Daniel Loewenstein, informed Respondent Club that Complainants’ request for installation of wheelchair ramps should be granted in order to accommodate Complainant Gail Joly’s disability and that the claim for legal fees that formed the basis for the fines was disputed. Further, he informed Respondent Club that if the Club failed to grant Complainants’ request to install the ramp, Complainants would seek legal remedies.
19. On or about May 2, 2004, Respondent Club held a meeting where the above-mentioned letter from Attorney Loewenstein was discussed, and the type of action to be taken in response was decided. On or about June 6, 2004, Respondent Club voted to expel Complainant Bill Joly from the Club.
20. By letter dated June 9, 2004, Respondent Club notified Complainant Bill Joly that he was expelled from the Club and informed him that he had six months to dispose of the Subject Property.
21. Complainants allege that Respondent Club failed to grant their reasonable modification request, which was necessary to allow Complainant Gail Joly an equal opportunity to use and enjoy her dwelling.
22. Respondent Club was aware that Complainant Gail Joly was disabled and in need of a modification in order to use and enjoy the Subject Property. The lack of a ramp to make their home wheelchair accessible effectively denied Complainants an equal opportunity to

2 Over a period of approximately five years, the parties were engaged in litigation regarding Respondents removal of a fence enclosing Complainants’ yard. As a result of the litigation filed by Complainants, Respondent began to assess fines against Complainant Bill Joly in an attempt to recover the attorneys’ fees incurred by Respondents for defensive representation. Complainant disputes Respondents’ right to charge them for Respondents’ attorneys’ fees under the terms of the association’s declaration and By-Laws.
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use and enjoy their home. Without the ramp, Complainant Gail Joly was subjected to risk of injury and humiliation each time she wanted to leave and return to her dwelling as she was forced to sit and scoot up the stairs leading to the doorway in order to gain access to her home. Furthermore, Complainants were forced to leave the Subject Property as Complainant Gail Joly did not have adequate access to the home.
23. While it was reasonable for Respondent Club to have requested that Complainant Bill Joly provide sketches and dimensions of the proposed ramp in accordance to Respondent Club By-Laws, it is not reasonable to enforce a policy prohibiting structural improvements, regardless of whether a member is in bad standing, when the member is disabled and the modification relates to a disability.
24. Based on the investigation and findings of facts provided for in the Determination of Reasonable Cause, the Charge of Discrimination is limited to Respondent Club’s discriminatory refusal to grant Complainants' reasonable modification request of October 31, 2003, when Complainant Joly provided Respondent with a building permit and sketches, sufficient to satisfy Respondent Board's request for specifications on the ramp, in compliance with its By-Laws.
25. At all relevant times, while Complainants resided at the Subject Property, they leased the Bolingbrook home to tenants, generating approximately $1,100 per month in rental income.
26. Complainants have resided at their Bolingbrook home since 2001 and have been unable to generate a monthly rental income as the direct result of Respondent Club’s discrimination at least since their October 2003 reasonable modification request.
27. By requesting a wheelchair ramp since at least October 2003, Complainants sought a modification that was reasonable and necessary to afford Complainants an equal opportunity to use and enjoy their dwelling.
28. By refusing to grant Complainants’ reasonable modification request on October 31, 2003, Respondent constructively denied, or otherwise made unavailable the Subject Property because of Complainant Gail Joly’s disability in violation of 42 U.S.C. § 3604 (f)(1)(A) and (f)(1)(C).
29. By refusing to grant Complainants’ reasonable modification request on October 31, 2003, Respondent discriminated against Complainants in violation of 42 U.S.C. § 3604 (f)(3)(A).
30. Because of Respondent’s discriminatory conduct, Complainants Bill and Gail Joly have suffered damages, including but not limited to economic loss, humiliation, embarrassment, inconvenience, emotional distress and the loss of a housing opportunity.

III. PRAYER FOR RELIEF
WHEREFORE, the Secretary of Housing and Urban Development, through the Regional Counsel for the Midwest, Region V, and pursuant to 42 U.S.C. § 3610(g)(2)(A) of the Act, hereby charges the Respondent with engaging in discriminatory housing practices in violation of
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42 U.S.C. § 3604 (f)(1)(A), (f)(1)(C), (f)(3)(A) and § 3617 of the Act and prays that an order be issued that:
1. Declares that the discriminatory housing practices of Respondent as set forth above violate the Fair Housing Act, as amended, 42 U.S.C. § 3601, et seq.;
2. Enjoins Respondent, its agents, employees, and successors, and all other persons in active concert or participation with Respondent from discriminating on the basis of disability against any person in any aspect of the purchase or rental of a dwelling;
3. Awards such damages as will fully compensate Complainants Bill Joly and Gail Joly, aggrieved persons, for their economic loss, emotional distress, inconvenience, humiliation, embarrassment and loss of housing opportunity caused by Respondent’s discriminatory conduct;
4. Awards a civil penalty of $8,000.00 against Respondent pursuant to 42 U.S.C. § 3612(g)(3).

The Secretary of HUD further prays for additional relief as may be appropriate under 42 U.S.C. § 3612(g)(3).
Respectfully submitted,
___________________________
COURTNEY B. MINOR
Regional Counsel for the Midwest
Region V
____________________________
LISA M. DANNA-BRENNAN
Supervisory Attorney-Advisor for Fair Housing
________________________
BARBARA SLIWA
Trial Attorney
U.S. Department of Housing
and Urban Development
Office of the Regional Counsel
for the Midwest
77 West Jackson Boulevard, # 2617
Chicago, Illinois 60604-3507
(312) 353-6236, ex.2613 FAX: (312) 886-4944
Date: AUGUST 12, 2005
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Tuesday, October 23, 2007

The Cruelest Community: Disabled Breast Cancer Victim Denied Access to her own Home by Reston Association

Could it really be true that the Reston Association and its penchant for trying to color code trims and paint schemes has become the cruelest community in the country?

Can you imagine any true southern town telling a respected elder they weren't allowed into their own house? Can you imagine some Yankee town taking away the rights of one of its individuals to get into their own home? Apparently Reston is neither genteel south nor the freedom-fighting North.

My mother's breast cancer recently metastized into her spine, liver and nodes and she is now wheelchair bound. This happened very suddenly and very recently. Two weeks ago she was walking and progressing toward greater mobility...and then came the steroid induced weakness, the Xeloda induced malnutrition, and the falls. The cancer is in her T7-T10 and her T10 is collapsed because of the radiation treatments.

She is but 60 years old and she is a loving mother and a very nice woman loved by her neighbors. This past week because of her health she had to go to the CCU at Reston Hospital. She was discharged today.

On Friday, 10/19, I went into the Reston Association and asked what it would take to get permission to build a temporary ramp. I was told of the types of pictures and drawings I would need and that evening I acquired those pictures and those drawings (from a professional building engineer) and submitted them to Sarah K. Marsden the Covenants Property Inspector and asked if what I provided were the right kind of drawings: a Plan View and a Site View. I also took 4 pictures of the front of the house from 4 different angles and I was told the pictures and the drawings were sufficient. I have an email to that effect.

I asked if I could petition to make special an opportunity to present the ramp to the Design Review Board on Tuesday 10/23. Remember all of the drawings were done and sent on 10/20. Also I had all of the neighbors sign off on the plan including the president of the Hunter Green Cluster.

So what had I done? I requested permission to put in a simple ADA compliant handicap ramp so my mother could get into her house (on Indian Ridge Road, in Reston VA) without requiring two people to lift her wheelchair into her own house. Also with her weakened spine if she were to be dropped it could mean immediate paralysis. Plus isn't it just wrong to deny a dying and disabled elderly woman access to her house?

Also, lets say she is carried with her wheelchair into her home and her caregiver has to leave for one reason or another. Then what if there is a fire? She would be incapable of getting down the stairs in front of her own house. She would die in that fire because the Reston Association denied her request to have a temporary wheelchair ramp placed in
front of her own house. She has six steps in front of her house. That is all...

I submitted all the required drawings and pictures, and was told that what I submitted was sufficient (and I have an email to that affect). I then balked when they suddenly came back and said in a voicemail that they needed 5 more items from me...that day on Tuesday 10/23, the day of the meeting, and that I had until noon the next day to get them all the materials to be considered for the Design Review Board--three weeks from that date.

I thought it obvious that any human being would want to help a dying and disabled woman have easy access to her house...I was wrong.

I could not give up so easily and so I called multiple people in my networks to find out if they had any experience working with the Reston Association. My favorite quote from a person who will remain anonymous was, "I have never dealt with them directly, but the horror stories are legendary!"

So I put as much pressure on the Design Review Board bureaucracy as I could to get onto the 10/23 agenda. I love my mother and want the best for her. I succeeded! I received an email from Sarah K. Marsden indicating that the Meeting Manager had allowed me (lucky me) to be on the agenda.

So I went...the result? Nine different people present. Then a tenth project that was going to be presented was not presented because it was cancelled. And then I piped up..."What about the Indian Ridge Road project? I received an email that I would be on the agenda?"

Oh, said the meeting manager, "that went to consultation." I said, "I don't know what that means but I am here because I received an email three or so hours ago that my mother's project was on the agenda." The meeting manager then said to the Design Review Board, "He was told." That is a lie...straight out, bald-faced lie--publicly spoken. No one ever
spoke to me. And no I did not receive an email that I was not on the agenda.

Then to add insult to injury the head of the Design Review Board decided to tell me how horrible it was of me to think I could get on his agenda in such a short time period. I simply reminded him that I was in attendance at that meeting because I was invited--by the people sitting next to him:

Brevetta Jordan Brevetta@reston.org
Barbara Ramey Bramey@reston.org.

Why would I show up if I wasn't invited? I was strongly discouraged by Sarah Marsden, though ''It is a public meeting so you are free too attend." But she added "there is really no reason for you to be there." Oh really? Fighting for permission to get my dying mother access to her own home must not be a good reason to be there.

If permission to build had been granted, I could have brought my mother home from Assisted Nursing in but a week. I had already started the bid process and engaged with Arundel Woodworks, Case Design, & Australian. Three different companies equally capable of getting the work done at the highest professional level.

In a week, I could have brought my mother home from the Assisted Nursing facility where she is trapped until the Ramp is completed. Now I can't...

I have to ask myself why Reston prided its process more than a dying woman's life and well being? This is not about the color of a door. This is about life and death...real people affected by horrible decisions made by people who prize their own fiefdoms more than they value human life.

Attached is a PowerPoint of the pictures of the front of the house and the design drawings that were submitted so you can be aware that I did my part to submit the requisite materials.

Can you place a call investigating this story? Can you tell others about this issue? Are there no cases involving treating people humanely that call for an expedited process? Can you ask the Reston Association if they believe their tactics to delay my request for approval of the ramp is unethical? Can you determine if denying a disabled homeowner access to their own is potentially illegal? I don't have answers...only questions...only concern for my mother's well being.

I noticed that several recent cases have gone to the supreme court of Virginia questioning the infallibility of Associations such as The Reston Association...isn't this a circumstance that would suggest the associations ability to control a dying persons access to their own home seems incongruous?

I've spoken to professionals who feel the best appeal to Reston is their perception in the populace rather than taking them to court--though I may have to do that--your thoughts?

Do you think they ask themselves how they would feel if their own mother or child was not allowed into their own home and had to live in some remote facility until the Reston Association decided it would be okay to build basic access?

Reston, in my limited view of the world, is now the cruelest community in the United States. When a civic process takes precedent over people's lives--I believe it is time to re-evaluate what the purpose of that civic function is doing. Am I emotional about this issue because it is my mother's life at risk? Probably.

But is it really wrong to fight for what our loved ones need in their time of need? My mother always believed that I knew what the right thing was. She never told me what to do...only to do the right thing, support just cause causes, she taught me to believe in decency and care. Well now it is my time to support her just cause, to advocate for decency on her behalf, to ask the Reston Association to honor the needs for her proper care. Is common decency too much to ask for anymore?

Sunday, August 05, 2007

MAKING THE LEAP TO GMAIL AS A UNIVERSAL EMAIL CLIENT

Okay so I have made the leap to using Gmail as my universal email account. And, while I do have my contacts in Gmail's contacts I am using the new Plaxo as my universal repsitory for my contacts. Plaxo syncs with Outlook, Yahoo, LinkedIn and others so--hopefully soon they will sync with Gmail as well--but with so many sync points Plaxo is the best solution for my universal contacts database...I have about 1000 contacts there as of today.

My transition to Gmail as a universal email had two leverage points.

1. I work with multiple companies on multiple computers across multiple email addresses and multiple knowledge sectors. So I needed a single interface wherein I can easily accept email from any of my email address and just as easily respond from the same (or a different) email address. I also needed that email tool to chunk across views across each email domain and chunk within the email domains people, subjects, events, topics, projects and themes--googles labels in conjunction with their filters allow me to do so.

2. I needed this singular interface to easily coalesce with a wide variety of services both online and mobile. So I integrated Jott, Callwave, Facebook ( i wish LinkedIn had a decent iGoogle widget), multiple blogs that I write for, GoogleTalk, multiple to do lists (one big picture / one day to day) and most importantly--the Google calendar with notifications into email. So now via Jott I can talk my email to you into my phone and have it sent to you (a copy is sent to me). So now I can read voicemail in my inbox because it is recorded and transcribed and sent to my email by Callwave. Callwave also lets me text you from my keyboard or call or with a click has your phone and my phone ring to reconnect us (handy for my admin who can get my phone and your phone to ring from her desktop). Also, I get notifications off all my meetings from my calndar in a txt message on my phone. I have my daily agenda from my calendar sent to my email. And via Mobile Gmail anything that shows up in my inbox also shows up on my phone.

Some of the cool aspects of this approach: It is 100% free. 2. It is truly universal as it will work with any email or any number of of emails and email systems ( I have email from yahoo, mywebcompany1, mywebcompany2, mycontract companyoutlookemail1, mycontractcompanyoutlookemail2, myalumniemail, mynameemail, mygamileamil, etc..) 3. It is universal across phones so it is not carrier dependednt as it all works with any phone with a Browser.

For those looking for some Kung Fu on using Gmail here are some tips I exported from my Google bookmarks about Gmail:

Add a "Gmail This" Bookmarklet to Your Browser ...
Create an Email Blacklist in Gmail
Email This! Bookmarklet Extension :: Firefox Ad...
Gmail Craze: 40 + Tools and Hacks for Gmail » M...
GMail Hacks/Tips - CyberKnowledge Blog
Gmail Shortcuts (printable cheatsheet)
Gmail Tips - The Complete Collection
Gmail Tips, Tricks and Secrets
Gmail: Grouped Email Addresses in GMail - Lifeh...
Google OneBox Results
GTDInbox - The Firefox Extension that Combines ...
Hack Attack: Become a Gmail master - Lifehacker
Hack Attack: Build advanced Gmail filters and p...
Mailplane, Gmail will replace your desktop emai...
Micro Persuasion: Turn Gmail Into Your Personal...
tLo : Gmail Manager
Top 10 Gmail tips and hacks - Download Squad
Top 10 GMail tweaks : TrendPlex
Using Gmail as Your Universal Email Account
www.daveswebsite.com - GSyncit

Tuesday, July 10, 2007

IT'S EASY BEING GREEN: HOW TO GET GREEN WHEN GOING GREEN (Originally published at Beyond the Pod Blog)

Even Sesame Street’s Kermit the Frog getting in on the action! He now says, “I guess it is easy being green.”

The market trend to assist companies and consumers to go green has only just emerged as the most dominant consumer market force on the planet.
On the heels of the “Live Earth Internet” that set a new record for streaming as “MSN says there were more than 9 million streams of the environmental advocacy concert” I wanted to track down some resources that a company might use to be come or turn “green.” Consumers want to go green and they want the businesses they buy from to be green as well. To some degree, consumers want the help of their local multi-national in turning green.
Consider the rock-star status of the CEO of BP. Gordon Brown has spoken about Britain becoming a pioneer in this revolutionary sector of “green.” In fact The Guardian Unlimited has taken the lead form Gordon Brown and dominate the press in the breadth of scope of their coverage. If you haven’t seen the coverage, you should. You’ll see nothing like it in the states—at least not at the same press “status.”
But you don’t have to be British Petroleum to go green — especially not in the high growth area of responsible consumerism particularly green purchasing of electronics. Consider Earth 911, and their recent piece on Green Purchasing and Leasing.
The next obvious step it seems to me is that businesses will sprout up designed to help other businesses capture the green marketplace. Consumers have clearly taken the higher ground on the environment and other green issues—go green and you get our wallet share.
Lo and behold, with little effort, I’ve found a handful of organizations focused on this particular “green me” marketplace. Consider these resources from CNNMoney of all places:
Friends of the Earth Scotland: Their Online Audit is designed to answer office-related environmental questions and whether certain strategies are affordable for your business.
California Waste Management Board: Learn where and how to recycle your goods.
Co-op America: Founded in 1982, this not-for-profit membership organization’s mission is to harness economic power to create a socially just and environmentally sustainable society.
The Green Office: This online retailer offers recycled, environmentally friendly, and sustainable business products, school supplies, and paper.
Partnership for Advancing Technology in Housing (PATH) : Dedicated to accelerating the development and use of technologies that radically improve the quality, durability, energy efficiency, environmental performance, and affordability of America’s housing.
But also consider broader based product designers and business consultancies entering this marketplace:
Carbon Consulting
Climate Care
Futerra
Forum for the Future
Carbon Trust
My list has an EMEA lean because I used the Guardian to track down these resources so I am sure I missed at least one or two U.S. companies.
Though low value and not very beneficial to the average consumer, for the altruistic here are the EPA Approved “lease”and “end-of-life” trade-in programs.
Furthermore, take a look at what Staples is up to.
Which at long last brings me to my non-obvious point: retailers and manufacturers of electronics have difficulty making sense of this green effort. They have had some success, as I have shown above, in the “junk” business. But that is a low visibility and high cost service to the consumer.
Consider how a retailer could “help” their consumer feel good about their next purchase. The retailer could offer to “re-productize” the consumer’s old electronic device. The consumer receives an extremely high value of store credit in exchange for their device. With The Drop Spot, the consumer puts the device back into the marketplace at a lower price point for others and they reduce their own carbon footprint. In terms of biomass the purchase of a new device can be offset by offering an existing device to the secondhand marketplace.
The retailer, by offering The Drop Spot services, gets to ride the green trend upward in the marketplace — getting out of the trash bin and into the front window display: “Get Green! We pay top dollar for you to recycle your iPod and Game System.”
For the nostalgic, here’s a youtube clip of the pre-commercialized Frog Anthem:

Tuesday, July 03, 2007

WHY NMFN IS "MY" LIFE INSURANCE COMPANY

..."During a period when the public's faith in business ethics has been rocked repeatedly by tales of greed, corruption, and outright thievery at the highest corporate levels, Northwestern Mutual has maintained the highest ratings from all four major rating agencies: Standard & Poor's, A.M. Best, Fitch Ratings, and Moody's. No wonder CEO Zore is pleased to point out, 'Everybody here is trying to do the right thing. We've got our moral compass in the right direction.'"
Loyalty Rules—Frederick F. Reichheld 2001

Sunday, July 01, 2007

BUDDHA ON CUSTOMER LOYALTY

"Who ranks as the highest? One who does not harm anything. One who never retaliates. One who is always at peace regardless of the other person's disposition." Buddha

Saturday, June 30, 2007

THE LOYALTY PROGRAM AT J&R MUSIC WORLD AND CONSUMER LOYALTY TO THE iPOD (Originally posted at BeyondthePod.com)

(Original post: http://blog.beyondthepod.com/2007/06/26/the-loyalty-program-at-jr-music-world-and-consumer-loyalty-to-the-ipod/)

So I was reading that back in 2006 J&R music was “testing a loyalty program developed with San Francisco-based services provider Loyalty Lab.” The full article is here.

I wonder how that worked out? When I think about such loyalty programs they seem to lack real punch. I mean J&R needs to drive customers to their specific online e-commerce site when most consumers drift to what J&R calls “aggregator” sites.

The interesting problem is that most consumer loyalty is to a brand such as the iPod. The consumer’s loyalty is not necessarily connected to J&R. How can J&R capitalize on the consumer’s loyalty to the iPod and drive consumers to their specific web site?

The loyalty program they ran at J&R looks like it spiffed the consumer gift card by 2% or so for navigating directly to their consumer site. The reward is just not significant. I’m sure on the corporate books the reward looks monumental to the VP of Finance — digging a massive gouge into the margin. But the actuarial perception of the incentive is exactly the opposite of the perception of the consumer.

The consumer’s perception of a 2% spiff is actually creating a negative impact in the marketplace. The consumer thinks, “Is that it?” or “Is that all that a supposedly great store like J&R con do for me?” Such a small incentive actually damages customer loyalty rather than growing it. This is the risk of low impact offers.

Now what if J&R offered a J&R gift card for a used iPod of used Gaming Console the consumer previously purchased at J&R (or anywhere else for that matter). Consider how many more purchasers of new iPods would go to J&R specifically if the knew they could get a near premium price in J&R store credit for their old iPod to put towards their new iPod.

Friday, June 08, 2007

GET IT TO ME BETTER, FASTER, AND CHEAPER: A DISCUSSION OF "REPRODUCTIZATION" (Originally posted at the BeyondthePod.com Blog)

(Original post: http://blog.beyondthepod.com/2007/06/07/get-it-to-me-better-faster-and-cheaper-a-discussion-of-reproductization/)

Consider the business of cars. Consider the business of houses. Each in their own way have created reproductization economies around their manufacture, sale, lease, and re-purchase.

In many ways as the “usage period” of a product drops and the endurance of its materials persist beyond their usage and as maintenance and repairs
are made easy and accessible—any product can become part of a “reproductization” cycle.

In fact, the faster a “usage period” for the purchasing consumer passes, the more likely the longer term viability of reproductizing a consumer good.

I find the “lease” of a car, instead of a purchase, an interesting economic model. Also, I like the idea of a business that helps me accelerate my ability to get into my next car quickly and easily.

For example, I would gladly pay $1000 a month to drive a different car every month—or if I chose to—the same car (but with the option at anytime to get into a different car).

I don’t mind if the car isn’t 100% new. For if it is “nearly new” or at least this years model that’s good enough.

The problem with treating cars in this fashion is that they lack “efficient transfer” models. When I’m done with my red Porsche in Riverside how does Jane in Eureka get it quickly and efficiently a few days after putting in her request?

While this model may not work for cars, wouldn’t it be cool to be able to move into different models of MP3 players each month?

Or wouldn’t it be cool to “lease” a PS3 and then, after a few months, send in the console and the games and get a Wii with a set of games. Perhaps a month or two later, I could revert to GameCube and its games! And then on to xbox 360, and the next generation of game consoles yet to be announced.

I can imagine all this easily viable for the price of about 15% of the cost of any one console. Why wouldn’t I pay 15% of the cost of a console and its games to “lease” it per month?

In this way reproductization is rapidly accelerated. Such a system, I contend, would reduce e-waste castoffs, increase the total number of consoles manufacturers would sell, and increase the rate at which new items could be brought to market.

One of the tricks of electronics is that great new products can’t meaningfully overlap because the market has to have time to saturate. Imagine a system of flowing new products into and out of the hands of consumers that massively increases the rate at which saturation for any one product and has built in efficiencies to flow “great new products” into the hands of consumers.

Today I might have a Zune and a Wii. Two days from now I could have an iPod and a GameCube…a month or so from now I could cycle into an iPhone and a PS3. All for $37.99 a month! Just a thought…

While not exact analogs for the model of reproductization I discussed, the following businesses are interesting in how they fit into the “reproductization” market:

Bag Borrow and Steal
Get a designer purse, get bored with it, send it back in and receive a different one
of your choosing.

TicketsNow / StubHub
Sell your old tickets. Buy cut rate tickets for the latest shows.

Hewlett Packard
Trade in your old HP elctronics.

Saturday, June 02, 2007

SUNFLOWERS FROM APPLES (Originally posted at the BeyondthePod.com Blog)

(Original post: http://blog.beyondthepod.com/2007/06/01/sunflowers-from-apples/)

From CNN:

Materials company Pvaxx Research & Development, at the request of U.S.-based mobile phone maker Motorola (MOT.N), has come up with a polymer that looks like any other plastic, but which degrades into soil when discarded.

Researchers at the University of Warwick in Britain then helped to develop a phone cover that contains a sunflower seed, which will feed on the nitrates that are formed when the polyvinylalcohol polymer cover turns to waste.

Green iPod with Recycle SymbolAs a consumer, I have begun to amass piles of secondhand electronics, my immediate reaction to this is denial. I don’t see the 10 cell phones in the shoebox in the garage. I ignore the three different game stations in the attic’s busted up cardboard boxes. I pretend I don’t have that third iPod in the basket on my bookshelf. I don’t acknowledge the problem until I am overwhelmed by the problem Until my secondhand electronics seem to be crawling out of the woodwork like ants—I will do nothing.

Well, my seams are at a breaking point and I am beginning to admit I am powerless over my own desires. I want the new iPhone, I want the Wii and I want to get rid of my old iPod and my GameCube. But because I am lazy, I will probably think of my existing iPod and GameCube as barriers to my purchase of the iPhone. But only so long as I can stand it. Then I will break down and buy a Wii and an iPhone. Probably on the same day.

To be honest I wish my iPod and GameCube had one of those Sunflower seeds in it as documented by CNN. CNN documented a cell phone case manufacturer that builds covers that bio-degrade and sprout into a sunflower. If I knew a sunflower would grow—I’d open my sliding glass door and bury my Game Cube in a big pot and hope for the best.

But, because my GameCube won’t grow a sunflower or even a dandelion for that matter, I’d like to do something with my GameCube other than pass along my personal garbage to the local landfill. What I’d like to do is have a small box from BFI or Waste Management that I could drop an item or two into. I want Waste Management to pick up my iPod or GameCube and then tell me they have given me $25 in credit toward my trash bill. Then I will feel good on 2 accounts: 1) I believe that they are “recycling” the device & 2) I like getting $25 for my conscientious act.

Recycle your iPod with Beyond The PodAm I dreaming? Maybe. But I see a near future where most “hot” electronics are re-productized and sold into the second hand marketplace to “first-time” buyers. I can see a future where a preponderance of first time buyers of Apple’s iPhone are buying one secondhand. I can see a world where the trade-in of the iPhone is as simple as dropping it in a locked recycle bin so it can be circulated back into the marketplace. I can imagine a market where a first-time buyer of an iPod is buying the re-furbed iPod with a bio-degradable cover (that will sprout into a sunflower or, hell, a green bean plant or a stalk of corn).

Around Northern California the trend toward “green” initiatives” has penetrated all walks of life and if this region is a barometer for the rest of the country then look out for the next 1000 Prius’ coming to your community soon. Speaking of cars: we accept that we can re-purpose cars, vend them in as an upgrade path, and that more efficient/greener cars are on our horizon. I believe a similar trend will overtake the electronics marketplace. For a starting point check out the guerilla marketers over at http://greenmyapple.com or http://www.greenpeace.org/apple/ !!!

Saturday, May 26, 2007

FROM "LEADERSHIP AND SELF-DECEPTION: GETTING OUT OF THE BOX; COLLUSION"

"Self Betrayal"
1. An act contrary to what I feel I should do for another is called an act of "self-betrayal."
2. When I betray myself, I begin to see the world in a way that justifies my self-betrayal.
3. When I see a self-justifying world, my view of reality becomes distorted.
4. So--when I betray myself, I enter the box.
5. So over time, certain boxes become characteristic of me, and I carry them with me.
6. By being in the box, I provoke others to be in the box.
7. In the box, we invite mutual mistreatment and obtain mutual justification. We collude in giving each other reason to stay in the box.
...

"When having a problem, I don't think I have one. I think other people are responsible." He paused for a moment, then said, "So here's the question: So what?"

...

As I find myself involved with more and more businesses and business opportunities--as the number of businesses I am contracted to help has grown--I repeatedly see a single fundamental difference between the companies that are capable of help from me (or anyone else for that matter) and those that are not.

The Arbinger Institute's explanation of the function of self-deception in leadership
is entertaining and an easy read...I read the entire 175 page book in but a few hours. But brevity is an art...and this book sticks to its charge and delivers.

Fundamentally we know when people are full of shit and when they are not. One o the reasons academics get such a bad rap in the business world is that there is an exceptional number of them that are dripping with the behaviors of self-betrayal: the way they speak, the way they self-justify, the way they rationalize. It all "sounds" good but astute business minds quickly boil down these perambulations to something like "Is this person full of shit or not?"

In many ways the book, Leadership and Self-Deception, might be the first ever business book about what fundamentally differentiates one leader from another, one business from another, one business deal from another. To what extent are the individuals involved willing to participate in self-deception.

I am thinking in particular about a recent business deal I was working on with Commercial Property Consultants (CPC). The basic premise of our Bay Area arm of CPC is that we can accelerate cash flow for commercial property owners. We do this through techniques that accelerates depreciation. We accelerate depreciation by producing a report for business owners and their CPAs called "engineering based cost segregation." Our CPC group has done 6000 of these studies...the benefits for property owners has been unbelievable. From Golf Courses, to Apartment Complexes, to Hotels, to Restaurants, to Supermarkets, to Office Buildings and Office Parks, CPC has benfitted owners from all walks.

Anyways, I was meeting with an influencer of a very large property management company. He'd expressed interest in a free estimate of his benefit (which we offer) but as we boiled it down and made clear we would need at least one depreciation schedule to provide the free estimate, the influencer began to back away from the opportunity. Dozens of reasons came flying across the table..." I don't get it." "Wait a second, the ROI is over the course off a year? I thought I'd get it all right away." "Pay for the service? Can't you just take it when we get the ROI?" "Look inside our buildings? That can't be arranged..." And so forth.

But what was really emerging was his inability to produce the depreciation schedules required. The truth was that he was afraid to ask his boss, the property owner, for the depreciation schedule. Fear was causing him to create problems where there were none. He was full of shit. So I went and visited the property owner myself. I never mentioned the influencer. I have no reason to discredit this person--if anything when the opportunity presents itself I would like to find a way to compensate and commend the individual influencer.

I explained what we do in as direct a fashion as I could as quickly as I could. I was very clear on the massive benefit to the property owner. But I was not full of shit and when I was done, I told him he could have his "free money" if he wanted it and if he didn't no problem. And I meant it. I was congruent. He opened up his cell phone and he called his CPA to get me a Depreciation Schedule for one of his buildings. Done.

I don't know if he will move forward with our services or not. We'll present a value to him and if thinks it worth his time he will follow through. If not, he won't. But that is not the point of this story. The point here is that the influencer is not the same type of business person as the property owner. I would even go so far as to say they are not the same type of people all together. The influencer lives inside the box. The property owner lives outside the box. Success in life between being an office clerk and office owner--it appears to me--might be just this very slight difference in a way of being.

This is way of moving through business engagements I am constantly trying to maintain--and rarely succeeding in doing. The constant vigilance required to look at every interaction as a function of how I can be of service to the human being I am looking at and speaking with is a tall order. My interaction with the property owner was a great learning opportunity for me to understand how and why success is directly correlated to living in a world focused on things as they truly are.

Friday, April 20, 2007

BOBBY KENNEDY FROM A SPEECH TO THE CLEVELAND CITY CLUB ON APRIL 5, 1968 ON DAY AFTER MARTIN LUTHER KING WAS ASSSASSINATED

...from a speech delivered to the Cleveland City Club on April 5, 1968 one day after Martin Luther King was assassinated...

Mr Chairmen, Ladies And Gentlemen

This is a time of shame and sorrow. It is not a day for politics. I have saved this one opportunity, my only event of today, to speak briefly to you about the mindless menace of violence in America which again stains our land and every one of our lives.

It is not the concern of any one race. The victims of the violence are black and white, rich and poor, young and old, famous and unknown. They are, most important of all, human beings whom other human beings loved and needed. No one - no matter where he lives or what he does - can be certain who will suffer from some senseless act of bloodshed. And yet it goes on and on and on in this country of ours.

Why? What has violence ever accomplished? What has it ever created? No martyr's cause has ever been stilled by an assassin's bullet.

No wrongs have ever been righted by riots and civil disorders. A sniper is only a coward, not a hero; and an uncontrolled, uncontrollable mob is only the voice of madness, not the voice of reason.

Whenever any American's life is taken by another American unnecessarily - whether it is done in the name of the law or in the defiance of the law, by one man or a gang, in cold blood or in passion, in an attack of violence or in response to violence - whenever we tear at the fabric of the life which another man has painfully and clumsily woven for himself and his children, the whole nation is degraded.

"Among free men," said Abraham Lincoln, "there can be no successful appeal from the ballot to the bullet; and those who take such appeal are sure to lost their cause and pay the costs."

Yet we seemingly tolerate a rising level of violence that ignores our common humanity and our claims to civilization alike. We calmly accept newspaper reports of civilian slaughter in far-off lands. We glorify killing on movie and television screens and call it entertainment. We make it easy for men of all shades of sanity to acquire whatever weapons and ammunition they desire.

Too often we honor swagger and bluster and wielders of force; too often we excuse those who are willing to build their own lives on the shattered dreams of others. Some Americans who preach non-violence abroad fail to practice it here at home. Some who accuse others of inciting riots have by their own conduct invited them.

Some look for scapegoats, others look for conspiracies, but this much is clear: violence breeds violence, repression brings retaliation, and only a cleansing of our whole society can remove this sickness from our soul.

For there is another kind of violence, slower but just as deadly destructive as the shot or the bomb in the night. This is the violence of institutions; indifference and inaction and slow decay. This is the violence that afflicts the poor, that poisons relations between men because their skin has different colors. This is the slow destruction of a child by hunger, and schools without books and homes without heat in the winter.

This is the breaking of a man's spirit by denying him the chance to stand as a father and as a man among other men. And this too afflicts us all.

I have not come here to propose a set of specific remedies nor is there a single set. For a broad and adequate outline we know what must be done. When you teach a man to hate and fear his brother, when you teach that he is a lesser man because of his color or his beliefs or the policies he pursues, when you teach that those who differ from you threaten your freedom or your job or your family, then you also learn to confront others not as fellow citizens but as enemies, to be met not with cooperation but with conquest; to be subjugated and mastered.

We learn, at the last, to look at our brothers as aliens, men with whom we share a city, but not a community; men bound to us in common dwelling, but not in common effort. We learn to share only a common fear, only a common desire to retreat from each other, only a common impulse to meet disagreement with force. For all this, there are no final answers.

Yet we know what we must do. It is to achieve true justice among our fellow citizens. The question is not what programs we should seek to enact. The question is whether we can find in our own midst and in our own hearts that leadership of humane purpose that will recognize the terrible truths of our existence.

We must admit the vanity of our false distinctions among men and learn to find our own advancement in the search for the advancement of others. We must admit in ourselves that our own children's future cannot be built on the misfortunes of others. We must recognize that this short life can neither be ennobled or enriched by hatred or revenge.

Our lives on this planet are too short and the work to be done too great to let this spirit flourish any longer in our land. Of course we cannot vanquish it with a program, nor with a resolution.

But we can perhaps remember, if only for a time, that those who live with us are our brothers, that they share with us the same short moment of life; that they seek, as do we, nothing but the chance to live out their lives in purpose and in happiness, winning what satisfaction and fulfillment they can.

Surely, this bond of common faith, this bond of common goal, can begin to teach us something. Surely, we can learn, at least, to look at those around us as fellow men, and surely we can begin to work a little harder to bind up the wounds among us and to become in our own hearts brothers and countrymen once again.

Saturday, April 14, 2007

CASE STUDY OF FACEBOOK BY NISAN GABBAY

Not only have I been fantasizing about the Veyron (see previous post), but I've also been digging into the nature of several Social Networks: most notably Facebook and LinkedIn. In this post I'm going to pop off about Facebook...

While I think the success of Facebook is a given, and many folks have their reasons for its success. The best of such discussions, I think, might be Nisan Gabbay's post about Facebook. Do check it out here.

But what Gabbay's analysis reveals is what we already know: colleges are communities and Facebook unified those communities by bringing online what was formerly dispersed offline. What I am interested in is what the users of LinkedIn and Facebook will be doing next. What will they be doing within their networks as well as within the context of related/partner services and/or completely separate services?

I'm not particularly interested in Facebook or Linked in as businesses. I'm more interested in what their user base thinks it needs, what the user base thinks it wants...both in the context of the social network experience and outside it. What I notice most about Gabbay's other analysis of consumer success is how little time is spent on what actually creates the success of LinkedIn, MySpace, Facebook and so on... The consumers experience is the definitive parameter.

Some of what is discussed is necessary but not sufficient. There is only one requirement of a consumer business that is necessary and sufficient for success: consumer adoption. Many businesses well designed for a "niche" that easily make use of "viral" marketing, require friends or acquaintances for use, and sell well in "consumer PR" fail--in fact they fail miserably and often.

The magic of Facebook as Gabbay reveals in detail is that they provide an experience for their target users that "feels" right to them. Entrepreneurs can argue themselves blue in the face about what will make a "hit" but what invention consistently proves (in Film, in Music, in Quantum Physics, etc...) is that the next success is the one the expert overlooked.

Monday, April 02, 2007

Venture Hacks — An entrepreneur’s guide to hacking venture capital since Persian calendar year 1386

Was forwarded this blog from a friend. The site is pretty interesting as start-up blogs go. I like the irreverence and the immediate relevance for start-up entrepreneurs. The "Term Sheet Hacks" topic is particularly lovely.

Venture Hacks — An entrepreneur’s guide to hacking venture capital since Persian calendar year 1386

Saturday, March 10, 2007

Video of the Bugatti Veyron at Top Speed

This would be a very useful and pleasurable afternoon drive:

Video Bugatti Veyron at top speed - bugatti, top, gear, 407, germany

If anyone ever needs me to take their million dollar leisure-mobile out for a spin, I'm your man!

Sunday, March 04, 2007

GO UGLY EARLY? EARLY STAGE FUNDING: WHAT IS THE NEW UGLY?

When I was starting my last company an experienced founder of several companies offered me the advice "go ugly early." He was applying it to the money raising process and extrapolated the "affect" to the rest of the early-stage business approaches.

In terms of business approaches he felt like you need one hyper-focused idea that represents the business and then super-rapid iteration on that focused "nut" until you get all the info you need to make the larger business "work."

I was thinking about how AvantGo was founded...(I was NOT a founder there)...when it was founded it was Bombardier software...and it was little but crossword puzzles on a Palm device. They rapidly iterated, failed quickly, and even got a cease and desist from the "Bombardier" company (http://www.brp.com/): the international recreational vehicle company. Oops...wrong name.

Of course AvantGo was on an early path to a half million bucks and 100,000 users by that time...so a re-name was fitting anyways...but they knew enough to know that at that level no one really cared about what they were doing until they were REALLY doing it.

The worse thing a start-up can do is pretty itself up for the world long before it is anything. There are many famous cases of the 100 user / 2$ dollar in revenue "branded" start-up. Yikes...that is a scary place to be for the founders: high expectations with low delivery of results.

Anyways, the "go ugly early" strategy for funding is a process that used to mean Angel money or a third tier small VC. But both of these types of funders are no longer "ugly" and here in the valley have built their own vogue. To be a super-angel here in the valley is now a calling card. Super-angels are rock stars...at least in the start-up community. I differentiate super-angels from traditional angels based on capacity and participation. Typical angels will do $50-200k a super angel will do $1-5 million.

To be funded by a seed fund or angel group carries HUGE value...

Consider the popularity of:

Band of Angels
Founder's Fund
Garage Ventures
Sand Hill Angels
The Angel Forum / Halo Fund

And lesser known but high value money such as:

Rembrandt Ventures
Bay Partners (Seed Program)
Nekei
Lightspeed (Gemini Fund)
Inspiration Ventures
Catamount Ventures
Leapfrog Ventures
Crosslink Capital
Rocket Ventures
Charles River (Quickstart)

I won't list super-angels for obvious reasons. But the classic example of a super-angel is a guy like Paul Allen, of course he may need a category all his own. But for the naive reader a quick seach on Allen wiill give you the gist.

In this listing I am thinking of very early stage money--either pre-revenue or micro-revenue stage start-up monies, and I exclude the big boy brands such as Sequoia, Menlo, Trinity, etc... They can do seed when the feel like it...but would hardly be considered, primarily, seed stage venture capitalists.

Of course all of the typical caveats apply...even if you are brilliant, and technical, and you have identified a market opportunity in a sufficiently large market space and you are loosely capable of communicating the investment opportunity to a seed investor--even then you probably won't get funded.

You probably won't get funded because the investor can't hear you for about 100 different reasons as varied as they don't like the way you dress to the state of their current fund to what they ate for breakfast.

If you are a skilled entrepreneur, you already know this: no investor's "no" means anything if YOU really understand the value of your business.

Here is what I mean by that:

When you can measure what you are speaking about, and express it in numbers, you know something about it; but when you cannot express it in numbers, your knowledge is of a meager and unsatisfactory kind. It may be the beginning of knowledge, but you have scarcely, in your thoughts, advanced to the stage of science.
Lord Kelvin
(Stolen from Peter Rip's site)

Since early stage seed is no longer 'ugly' but vogue, founders and entrepreneurs now must find even wider ranges of "funding" their start-ups. What are the new, low-profile ways to get a start-up funded? What is the new ugly?

Saturday, February 17, 2007

TWO SIDES OF THE SAME COIN: JAMAN'S CONSUMER iFILM SUBSCRIPTION SERVICE AND TAILWIND'S ENTERPRISE CLASS ENCRYPTION AND SUBSCRIPTION MODEL

Jaman launched at Demo 2007 this year. Jaman is a system that allows users access to online film content for specific period of time. The trick of delivery and controlling online film is straight forward. This process of brokering and controlling digital content is not a new one. TailWind launched at Demo 2004. Same technology--different market (enterprise versus consumer) and different branding (traditional enterprise class software vs social network).

Consumer:
If I pay for access to a movie and my Internet access goes out am I screwed?

Well, no, you are allowed to download it to your machine so you have it whether you are offline or online.

Filmmaker:
You mean one person can pay to watch my film for a week and they can download it and share it with everyone else in the world? No one else would ever pay!

No. That is not the case. The download is on the user's machine but the download is encrypted and obfuscated so that the user cannot copy the raw files. In addition the encrypted files are encoded in such a way that they will only play back in Jaman or TailWind's player. Not only that but the player is so tightly wound around your movie that when the user's subscription has expired the movie is sizzled from memory: even if the PC is disconnected from the Internet.

Consumer:
You mean I can't copy the film to CD nor upload it to YouTube?

Correct. However you can share the movie with other people who have the proper permissions. In TailWind's system, if one user has downloaded the encrypted movie from a server in NYC to his machine in Brazil and his neighbor in Brazil has also subscribed to that movie...his neighbor can get it from him rather than from NYC. Again this is so long as the nieghbor is part of the TailWind network.

Also, in the TailWind system we can distribute CDs and USB devices that hold the movie but can only be played by users who have permsission from the TailWind network to playback that content/movie. The USB device is otherwise useless to anyone else.

Filmmaker:
Okay...so what you are telling me is that I can give my film to, let say, Krist Jake's Ocean Film Festival in San Francisco, and they will play it in their theaters and charge 10 bucks to the audience memebers. AND they will make it available for download from their web site? And they will charge for the access--say 10 bucks. And they will end access to my film when the film festival is over. They will end access to my film even if it has been downloaded and even if that computer is no longer connected to the Internet.

Yes. Correct, yes, yes, and yes. Exactly. The keys are the nature of the "policy" associated with the original download of the movie. The player enforces the subscription duration whether or not the computer is connected or not.

I should also add that, at least in a TailWind network, TailWind tracks how many times your movie was played on that user's machine. And for how long each time. In this way you know all the niggly details about how long they watch at each sitting. What parts they repeat. And so forth.

Consumer:

So Jaman and TailWind do the same thing?

No. TailWind's technology is actually a far more secure system, with more deeply developed tiers of tracking data and policy setting and vertical enterprise applications. Jaman has clearly cornered a niche where social networks of filmgoers crossect with online/offline viewing of films at film festivals. Clearly the Jaman consumer approach has groomed their use model to be user freindly and pleasing to the eye and they have integrated features that highlight human to human interaction in combination with their film delivery. I think of it like watching a movie in Webex.

Filmmaker:

So should I trust Jaman?

I don't see why not. I mean no system is perfect and if someone wants to set up a video recorder to record the screen as the movie plays back there is nothing you can do about that. In fact--how many pirated movies happen exactly that way in a movie theater? Quite a few. Of course doing so in the comfort of your own home and then downloading it to your iPod is one helluva alot easier than trying to set up a video camera in a public theater.

Also, most iFilm ain't got to worry about being pirated. Most indie films are just trying to get more people than their wife and mother to even sit through their project. At a slightly higher level, the films of the San Francisco International probably do need some level of security...most of these filmakers classify as independent but if they are in SFIFF they are probably "famous" by most indie filmmakers standards.

I wish Jaman the best of luck...I deeply understand their space and wish them well.

And TailWind? Will TailWind ever field a consumer-based model? Hard to say...depends on if we think we can make money at it. If we don't see money in it...we'll stick to the enterprise. Hoorah.

[For folks deeply interested in the technology behind the distribution of online film: from Revver, to YouTube, to CustomFlix and so forth do check out the CinemaTech blog: http://cinematech.blogspot.com/ & specifically, http://www.scottkirsner.com/webvid/gettingpaid.htm. Scott Kirsner has done alot of good work in this arena. I met Scott at the IIFF held San Francisco Townhall Meeting, (February 2007), Thursday, Feb 15, 2007. Scott is a repeat presenter there..and he was pretty much the only speaker of value at the event. The rest was fluff.]

Saturday, February 10, 2007

Caught in the Slop: Mucking my way through the Affiliate Marketing Abyss: CJ, Shareasale, Turn, Linkshare, Clickbank, & Revcube as Step 1

With the launch of BeyondthePod.com I've looked into the value of affiliate marketing. For a new site with a unique business proposition, the best advice I've heard yet is to scrap affiliate marketing entirely. Good advice...but advice that works well in the short term but cramps the business over the long term.

BeyondthePod (BTP) doesn't/can't spiff for purchases of merchandise, but they will spiff for every lead on a user that BTP might get the opportunity pay cash for their iPod. So how do you incent an affiliate to send people to your site that you want to buy from?

From what I can tell, the BTP model would work like lead generation system and spiff the affiliate that generates the lead accordingly. In high enough volume this can be 10 bucks or more. Though in lower volumes, the program spiffs at a much lower dollar value.

So I took a look at a wide variety of programs. CJ is the monster in the market and as far as I can tell, CJ thinks of sites like BTP as bad business, and CJ does pretty much everything they can to not do business with us. I guess in some ways it would be like BeyondthePod implementing SAP--the folks at CJ want accounts like Levis and Coke not start-up brands like BeyondthePod.com. A lower bar version of this type of system is RevCube, but even RevCube is too full service of a shop for my needs today.

So I looked at CPmil stuff at Clickbank and Linkshare. For BTP the model could provide eyeballs but these programs either required that BTP use their commerce system or they couldn't support a lead gen commission structure. Plus a wide variety of folks warned BTP away from the spoofing that happens in these programs when you expose your self via CPmil models.

I've since revisited this...CPmil is not all bad. I think the click through would at least create a marginal affect on page ranks...but the reality that you're paying for non-revenue clicks with little visibility to the desired outcome of lead gen clicks or revenue is a tough sell in a hardcore, move-fast-to-the-bottom-line start-up.

There are new value-add "logarithm" companies like Turn.com. I think they are a no lose proposition, at least while they are in Beta (read: free), to see if they can auto-generate valid value-add affiliate partners. My guess is that the matrixed affiliate-to-offer matching will have better effect than the random grab bag that tends to occur in most affilate systems...but I'll throw in the caveat that it won't be that much better, at least not for new, unique players. I say this, hoping beyond hope, that I am wrong. I also hope that I can implement Turn without its Javascript interfering with Adwords and my affiliate program of choice's cookie/script. I'd like the results it promises...I'm just skeptical.

Shareasale looks like the tightest fit between flexibility, usability, and price for BeyondthePod.com. Of course until BeyondthePod decides to land a series of affiliates that understand how to create conversions in conjunction with the offer at BeyondthePod.com's site, BTP is likely to leech along and bottom feed in low traction affiliates. My guess is that BTP and the high value affiliates will find each other--good business finds good business.

The offer at BTP is incredibly compelling--but how likely is it that the link-and hope-strategists of the more general affiliate marketing world will ever take any time to grock what's at work? Not likely...

My guess is that the key affiliates for BeyondthePod.com will be a tight fit between the iPod economy and the iPod ecosystem of products, services, and social events. Somwhere betwixt the Gizmodo's and the iLounge's and iSkin's and the Podcasters and the PodRippers of the iPod economy a viable opt-in BeyondthePod affilate system will generate serious dinero for the right affiliate or set of affiliates.

I have my own private list of sites i think are a fit...but if you know of a site whose readers that would want to know they could get cash for their used iPod? Let me know...drop me a note in a comment...

Soon to go live, the BTP affiliates program, at http://beyondthepod.com/affiliates/

Wednesday, February 07, 2007

Check out these Blogs versus iPods numbers across demographics from iMedia

Check out these Blogs versus iPods numbers across demographics from iMedia



















See the details here: http://www.imediaconnection.com/content/6105.asp

Any surprises?

My Ipod Economy Web Survey via Survey Monkey

So I'm a Survey Monkey now. Ho hum...always said I would never be one...and here I am. The survey I've postyed is a quick 5-7 questions about iPods. Do drop in on it and take it if you have a minute:

Click here to take my iPod economy survey

Wednesday, January 31, 2007

CRAIGSLIST WOES: CAN ANYONE SOLVE MY PROBLEM?

I went to Craigslist to test a market theory. I wanted to offer to buy used iPods to anyone williing to sell them to me. So I start an ad thingy and submit it to San Francisco. I let it run for awhile I see it appear. Okay cool, I think I get how this works. So I go to LA and say to myself. Maybe some people in LA want to sell me their used iPods as well. Literally, kind of like an academic research project, just trying to see how many people will do it. Except for real--I will send them money for their iPod--I'm not faking anything.

So I submit to LA and like two minutes later. My ad on SF's Craiglist is flagged and rejected. So I submit my LA ad, and I see a similar ad to my own except much more obtrusive and think, "hey I wonder why my ad had trouble that one is basically the same thing." Then I go back to Craigslist and post in their forum and I get all kinds of very useful information about categories and possible reasons. And then my LA ad is flagged and rejected. But never at any point is it explained to me why these other guys with massive ad campaigns get to keep their ads day after day on the site but mine gets whacked in a minute.

I think I wrote something like: "Sell me your secondhand iPod." In the body I said something like: "I'll pay cash for your used iPod, click here for details on the offer."

I go back to the Wanted section in LA and this guy has a giant image, like 1/4 of my screen with "Cash for your ipod" on it! And his ad has been running, apparently for many, many days, maybe weeks. His sticks, mine gets booted. So what gives?

Tuesday, January 30, 2007

YOU TUBE VIDEO OF MARKUS GIESLER ON iPOD CONSUMERISM

MARKUS GIESLER: iPOD STORIES

I was checking out Markus Giesler's research site at http://www.ipodstories.com/. Very impressive project! The ultimate 21st century consumer experience is and probably will be defined by the iPod experience. Understanding the iPod's susccess is like Ben Franklin's key on his kite. If you touch the chord of its power ZAP! The shock may fry you, but it may also give birth to quite an unexpected Eureka!

Giesler has some unique perspectives on how consumerism and planed obsolesence coincide. And he even suggests that consumers take action. The prime issue in summary is: What do you with an old iPod 1 year later after you've bought the new one? In an even worse case scenario, what if it breaks? What do you do? Well, off to the landfill it goes. But this non-sustainable business model as it applies to iPods is but the lightning rod for the larger issues faced by a tech trend consumerist market.

Why not send that old iPod to someone who will give you a couple of bucks for it? There is an emarging "sustainable growth" market around recycled and secondhand iPods. Even more interesting is that market is shifting from "the kid who couldn't afford it the first time around" to the "responsible consumer." I'd like to think of myself as a responsible consumer--so I'm putting into practice my preach!

I'm headed off to buy, yes, my very first iPod! And a second hand iPod it will be!

I bought mine here! http://stores.ebay.com/The-Drop-Spot

SATMETRIX, NET PROMOTER, AND EXPERIENCE MANAGEMENT

The last book I read that deeply affected my approach to managing a business was Jim Collins' Good to Great. I've read many book since but few that resonated with me. Now I get to add a new one to the list: The One Number to Grow.

I know, I know, NetPromoter.com launched long ago. And Fred Reichheld's book has been out for seemingly forever now. But the impact of measuring business performance based on the golden rule: "treat others in the way you want to be treated." Is not a trivial insight. That paired with an effective methodology to measure the effect of that treatment on your customers is really mindblowing.

At the end of the day, what does loyalty measure? How trapped a customer is? And what does does satisfaction measure? How you performed on a task for a customer that they don't place any value on?

In business one learns quickly, you can never win an argument. Never. If you need to be reminded of why this is--go back and re-read Dale Carnegie's How to Win Friends and Influence People. Nothing matters but how your customers feel about your business.

In my own companies it bears out as true that facts and even right and wrong are ultimately irrelevant. All the matters is how your customers feel about you...even more specifically do they feel strongly enough to consistently and repeatedly reccommend your business to others?

If you want to learn how to grow good profit and create a truly powerful customer base. Read Collins' Good to Great and then read, Reichheld's The One Number to Grow. His discussion of Net Promoter measurement is invaluable--I think especially invaluable to start-ups--where this measure is most easily lost in the chaos of getting to market.

For more info check out: NetPromoter.com

THE DROP SPOT TO LAUNCH HTTP://BEYONTHEPOD.COM

So TailWind is off and running in its own direction. This has afforded me the time to work with many other companies over the the past year.

In particular, my current obsession is watching the emergence and re-visioning of The Drop Spot (TDS), as founded by its current CEO Derek Harp. Derek has built a pretty successful little business in the consumer end of the broader Trade In / Trade Up market. What is visionary is that he took all that data from all his transactions at The Drop Spot and decided to focus on the highest volume, highest margin part of his consumer Trade In / Trade Up Business.

TDS will be launching a super cool new site call BeyondthePod.com that looks ot become the ultimate destination for any and every consumer interested in getting cash for their old iPod. I mean there are a few iPods out there--like 60 million in the last 24 months! Not only that but well over 30% of iPod purchasers buy another within the first few years. So what happens to all of the second hand iPods? Well, I'd like to think, that long term, they will ALL get bought at BeyondthePod.com.

So Search Engine Optimization is one of the the strategies for finding its way into the marketplace. But there must be a million other ways to crack the code. The market is huge! But how accessible is that market with all the signal to noise ratio out there in the world?

If you've got an opinion, I'd like to hear it!!!