AllThingsD » error http://allthingsd.com Fri, 25 May 2012 13:08:22 +0000 en hourly 1 http://wordpress.org/?v=3.3.2 http://allthingsd.com/theme/images/logo-rss.jpg All Things Digital http://allthingsd.com/ 144 22 Former CEO Thompson Might Be Gone, But Internal Investigation Into ResuMess Still a Hot Potato at Yahoo http://allthingsd.com/20120522/former-ceo-thompson-might-be-gone-but-investigation-into-resumess-still-a-hot-potato-at-yahoo/ http://allthingsd.com/20120522/former-ceo-thompson-might-be-gone-but-investigation-into-resumess-still-a-hot-potato-at-yahoo/#comments Tue, 22 May 2012 16:03:16 +0000 Kara Swisher http://allthingsd.com/?p=210917

While former Yahoo CEO Scott Thompson fades from the tech scene — besides getting jacked from the top job at the Silicon Valley Internet giant, he’s also just come off two tech boards he had served on — the investigation over his hiring and how a fake computer science degree got into the company’s regulatory filings continues.

While the quick-fire controversy burned Thompson, as well as now former Yahoo director Patti Hart, the special committee of independent board members is still at work trying to figure out how such a mess was made in the first place.

And, more importantly, who knew what when and told whom.

At the time the committee was announced, Yahoo said it would “conduct a thorough review of CEO Scott Thompson’s academic credentials, as well as the facts and circumstances related to the review and disclosure of those credentials in connection with Thompson’s appointment as CEO.”

The special committee is chaired by Yahoo’s new Chairman Fred Amoroso and includes John Hayes and Thomas McInerney, two independent directors who joined the board in April.

Yahoo also hired independent counsel Terry Bird of the law firm Bird, Marella, Boxer, Wolpert, Nessim, Drooks and Licenberg in Los Angeles to handle the inquiry.

The company also noted at the time that “the special committee and the entire Board appreciate the urgency of the situation and the special committee will therefore conduct the review in an independent, thorough and expeditious manner. The Board intends to make the appropriate disclosures to shareholders promptly upon completion of the review.”

Gripped by urgency myself, I have grown weary waiting by the phone for some official answers, which sources said will not be forthcoming for some time.

But since I am the most curious of cats — uh-oh! — I started dialing around on my own to find out what’s what.

And, according to sources — especially since Thompson has settled with Yahoo and will not get severance due to the academic falsehood — the big focus is now centering on if the company’s staff screwed up the background check of his academic credentials, thus allowing it to get into its official filings with the Securities and Exchange Commission and also on Yahoo’s corporate Web site.

When Thompson was hired from eBay, where he was president of its PayPal payments division, the online commerce company had the correct bio information in its SEC filings, although not on its Web site or in its PR materials.

The question is: Did someone from Yahoo simply rely on Web bios and not check eBay filings and did anyone ever re-check Thompson’s college records? (Note: It took me 15 minutes flat to find out he did not have such a degree at Stonehill College in the Boston area.)

If lazy checking was the case, it spells rank incompetence on the part of staffers, as well as Hart, who headed the search after Yahoo fired its previous CEO Carol Bartz last fall.

A much more troubling line of inquiry taking place is aimed at the possibility that someone at Yahoo did discover the discrepancy in Thompson’s resume and either did not report it up the chain of command or did and it was either lost or ignored or, well, worse.

While this certainly ain’t Watergate, such a situation would be very hard for Yahoo to explain away as easily to shareholders, especially potentially litigious ones. As it is always said, the coverup can often be more damaging than the crime itself.

And, if it is determined by the special committee that certain employees knew of Thompson’s resume inaccuracy, it will most certainly result in dismissals of Yahoo employees.

The focus on the committee — which truly cannot sweep this under the rug, if it occurred in this much more serious scenario — is most obviously the legal department of Yahoo, which is responsible for making certain filings are accurate.

Also under scrutiny is the quickness of the hiring of Thompson.

Among the questions is how much vetting was done and whether adequate questions about him were asked among a variety of possible sources.

When he was picked in January, Thompson was a dark-horse candidate for many, including some Yahoo board members.

In fact, he was not on the initial headhunting lists prepared by outside talent search firm Heidrick & Struggles.

That’s because Heidrick had placed Thompson at eBay in mid-2000 and could not then recommend him to Yahoo. As it turned out, Thompson took it upon himself to cold email Yahoo board member and Intuit CEO Brad Smith about the job, who then passed Thompson’s interest to Hart.

Heidrick had no involvement in the checking of Thompson, although he later blamed the firm in a public meeting with Yahoo employees for putting the error in his bio in the first place from when he was hired at eBay. Heidrick quickly called the accusation “verifiably not true” in a memo to its own employees.

Sources said that meant that the firm had a resume that Thompson had submitted to it that also contained the error.

But the central mystery of how that mistake appeared on his bio will likely remain just that without further explanation from Thompson.

In a radio interview in 2009, he did not correct a specific question about the twin degrees he appeared to have held and seemed to even agree with the show’s host, Moira Gunn, about them.

Later, she told me in a video interview that Thompson had clearly indicated to her in the prep for that interview that he indeed had a computer science degree.

Still, it is still not clear — and may never be — who put the faux computer science credential on his resume in the first place.

So, with all apologies to Winston Churchill: It might remain a riddle wrapped in a mystery inside an enigma.

]]> http://allthingsd.com/20120522/former-ceo-thompson-might-be-gone-but-investigation-into-resumess-still-a-hot-potato-at-yahoo/feed/ 0 Not So Scott Free? Yahoo's Other Big Shareholder -- Cap Re -- Leaning Toward Supporting Loeb Over Thompson ResuMess. http://allthingsd.com/20120510/not-so-scott-free-yahoos-other-big-shareholder-cap-re-leaning-toward-supporting-loeb-over-thompson-resumess/ http://allthingsd.com/20120510/not-so-scott-free-yahoos-other-big-shareholder-cap-re-leaning-toward-supporting-loeb-over-thompson-resumess/#comments Thu, 10 May 2012 22:56:57 +0000 Kara Swisher http://allthingsd.com/?p=206788

One of Yahoo’s biggest long-term investors, Capital Research and Management, which owns more than 10 percent of the company in two different funds, is leaning toward voting for the slate proposed by activist shareholder Daniel Loeb of Third Point, in the wake of the controversy around the botched bio of its new CEO Scott Thompson.

“Having a CEO with that hanging over his head is really a problem going forward,” said one person with knowledge of the situation. “It’s hard to pretend this is not a problem.”

While sources said Yahoo’s longtime institutional investor — which currently holds large stakes via its Capital Research Global Investors and Capital World Investors funds — is not likely to go public with their voting choice until close to the annual meeting, which will take place sometime this summer.

But its fund managers have told key Yahoo board members of their grave concerns over the situation.

Ironically, in the last proxy fight showdown with Carl Icahn, Capital removed its support of Yahoo’s slate too and was an important influence to many major changes at the company.

Such a move is problematic for Thompson, since the rejection of another big shareholder at its upcoming annual meeting will keep the unusual issue and right in the middle of a noisy proxy fight.

A special committee of the Yahoo board is investigating the situation — in which a fake computer science degree somehow got on the resume of the former president of eBay’s PayPal payments unit and later into official Yahoo regulatory filings.

The problem was uncovered last week — unfortunately for the Silicon Valley Internet giant — by Loeb, who has been banging away on Yahoo since.

A trio of independent Yahoo directors is looking into the mess, with a focus on how that happened, whether anyone at Yahoo knew of the inaccurate bio and how it got there in the first place.

Also of great concern, is how Thompson could have not seen the error in the many years it was on the Web site of eBay and also how he approved a bio that had the inaccuracy in it when he was hired by Yahoo in January.

Worse still, in a 2009 interview, he clearly did not say he did not have such a degree in with a radio show host when directly asked about it.

“It’s a little hard believe an executive of this level would have missed such a thing, when he had so many opportunities to fix it,” said one source. “And, if he did overlook it that many times, that’s a problem too.”

In fact, according to a report earlier today by Business Insider that I also confirmed, Thompson told employees today in two separate meetings that he did miss the error since it was placed there — inexplicably — in 2004. In the meeting, he blamed a low-level headhunting staffer who added it incorrectly, an error that then proliferated.

Thompson also said he did not provide a resume to the company in his hiring process — say whaaaat, but true — although this still does not absolve him from the original error.

As to the interview: Thompson said he did not want to be rude and correct the host of TechNation, Moira Gunn, after she clearly asserted to him he had a computer science degree as part of a question on his qualifications. Others present at the meetings said he said he did not hear the question.

But, in an video interview with me yesterday, though, Gunn said she and Thompson discussed a computer science education in a way that left the clear impression that he had obtained one.

While Thompson’s excuse may beggar the imagination of some, it’s his story and he’s sticking to it. In all seriousness, his complete lack of willingness to take responsibility for the error — even if it was not his fault — itself is a little startling.

Because what’s not clear is how the bio was miraculously correct in eBay’s official filings and also if it is plausible that he never saw the mistake.

Numerous communications execs at Internet companies told me that it was unusual for a high-level exec not to pay close attention to information that went out about them, especially in legal filings. In addition, just as many execs are made to check and swear on their bios that go into such documents.

In fact, it was Thompson’s job to make sure the things written about him were correct at all times. As CEO, as a major Silicon Valley player pointed out, he is required by federal law to personally certify Yahoo’s Securities and Exchange Commission filings. Violations of these rules carry financial and also potential criminal penalties.

Sources said the board is worried about that credibility issue too and it puts Thompson in an ever-dicier position. Noticeably, the board has yet to make a public statement of support for him on the issue.

Also a major worry for the directors is the mostly negative response to the situation from Yahoo employees, who are deeply upset that Thompson’s error was not caught and that he might not be treated in the same way as anyone else who turned in a false resume, whether it was by accident or not.

A Yahoo spokeswoman told me last week that there was also support internally for Thompson, but in many dozens of interviews I have done with Yahoo employees and a continued monitoring of internal bulletin board, the tone is not in his favor by any means.

Like I said, it’s a dicey time to be Scott Thompson right now.

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]]> http://allthingsd.com/20120510/not-so-scott-free-yahoos-other-big-shareholder-cap-re-leaning-toward-supporting-loeb-over-thompson-resumess/feed/ 0 Exclusive: Yahoo Director in Charge of Botched CEO Vetting to Step Down From Board http://allthingsd.com/20120508/exclusive-yahoo-director-in-charge-of-botched-ceo-vetting-to-step-down-from-board/ http://allthingsd.com/20120508/exclusive-yahoo-director-in-charge-of-botched-ceo-vetting-to-step-down-from-board/#comments Tue, 08 May 2012 15:50:13 +0000 Kara Swisher http://allthingsd.com/?p=205076

CSLie has claimed its first victim, although the mystery is still unsolved.

Patti Hart — the Yahoo director in charge of the search that resulted in the hiring of Scott Thompson as its CEO, making her directly responsible for a clearly botched vetting of his academic record — will not stand for re-election to the board at the next annual meeting, according to sources close to the situation.

Hart — who is CEO of International Game Technology, which makes electronic gaming equipment and systems products — is resigning. Apparently, said sources, her own board asked her to remove herself from the Yahoo mess to better focus on the company she actually runs.

But she is perhaps just a few steps ahead of being pushed, given her key role in the hiring of Thompson, who was president of eBay’s PayPal payments unit when he cold-emailed Yahoo director and Intuit CEO Brad Smith seeking the job.

A Yahoo spokesman declined to comment.

[UPDATE: Yahoo confirmed the inevitable departure later in the day and said the Yahoo board would have nine members going forward. Hart also released a statement, confirming the move.]
Hart, who came to the Yahoo board in 2010, has been head of its corporate governance and nominating committee.

The departure makes her the first casualty — but definitely not the last — of the controversy over how a fake college degree managed to get in Yahoo’s regulatory filings via Thompson’s inaccurate bio.

The issues around how Thompson was hired — including how background checks on him failed to discover that he never got a CS degree from the Boston area’s Stonehill College, as his longtime bio on eBay had claimed — are part of a new investigation by the board.

That will be officially announced later today, along with the hiring of an outside law firm to conduct the probe, which will be headed by independent director Fred Amoroso.

[UPDATE: Yahoo officially said it was forming a special committee to look at Thompson's bio snafu and the circumstances around his hiring. Along with Amoroso, the other members are John Hayes and Thomas McInerney, independent directors who joined the board in April.

"The special committee and the entire Board appreciate the urgency of the situation and the special committee will therefore conduct the review in an independent, thorough and expeditious manner," a statement from Yahoo said.

Interestingly, the statement did not include a show of support for Thompson, which often happens in such circumstances.]

They will have a lot to investigate. Such as this mystery: Thompson’s correct bio appeared in filings eBay made with the Securities and Exchange Commission, while Yahoo’s similar documents were inaccurate about his educational credentials.

Also under scrutiny: How the falsehood was added to Thompson’s public resume, and who put it there; why Thompson never noticed the error, there since at least 2004; why he declined to correct it when asked directly about it; and who at Yahoo might have known about the problem before the hiring.

It’s a basic case of who, what, where, when and how. And, most of all, why anyone would make such a dumb mistake.

Hart would seem to have all the answers to that, along with a forensic firm that worked on the vetting. Key Yahoo staffers were also involved, said sources, although its headhunting firm on the CEO search, Heidrick & Struggles, was not used in relation to Thompson.

Presumably, there is a paper trail of some sort, which was the subject of a legal demand by activist shareholder Daniel Loeb of Third Point yesterday. He uncovered the bio error last week, in the middle of pressing a proxy fight to garner board seats.

Loeb’s allegations also nailed Hart in much-less-egregious padding of her own college record, making it appear as if she had economics and marketing degrees. She has one in business administration, with “specialties” (Yahoo’s ridonkulous word, not mine) in economics and marketing.

While Hart’s leaving might assuage some, providing a convenient scapegoat to the bizarre situation, this is by no means over for Yahoo or Thompson.

Another increasingly potent issue is the ever-declining morale at the Silicon Valley Internet giant over the company’s odd response — it initially called the bio problem an “inadvertent error,” without further explanation — and also Thompson’s lack of transparency on the issue.

He released an email to employees last night, apologizing for the “distraction” of the resume issue, but not for the error itself.

That, and other of Thompson’s actions — he has been described to me, by many close to the situation, as defiant over the issue, and as blaming Loeb for conducting a personal vendetta — did not sit well with many, both inside and outside Yahoo.

A Yahoo spokeswoman told me earlier this week that there is much support for Thompson internally and externally, but declined to provide specifics.

But message boards I read were mostly negative about him, as are a plethora of direct emails to me on the situation. One clever commenter on this site bemoaned that Thompson might get off “Scott-free.”

Ouch! Nonetheless, the atmosphere at Yahoo is indeed unsettled.

“Sentiment from employees is unanimous that he must go,” said a Yahoo employee, who has no personal agenda that I can grok, in a common refrain. “He clearly knew and lied for years; and his handling since exposed has been unacceptable.”

Unacceptable or not, though, Hart is the only one going for now. But stay tuned.

Until then, here’s an appearance I made today on WSJ.com to talk about Hart’s departure:


[ See post to watch video ]

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]]> http://allthingsd.com/20120508/exclusive-yahoo-director-in-charge-of-botched-ceo-vetting-to-step-down-from-board/feed/ 0 Mobilized Doesn't Work Well With a Fever, and Apparently Neither Does Your iPhone http://allthingsd.com/20110411/mobilized-doesnt-work-well-with-a-fever-and-apparently-neither-does-your-iphone/ http://allthingsd.com/20110411/mobilized-doesnt-work-well-with-a-fever-and-apparently-neither-does-your-iphone/#comments Mon, 11 Apr 2011 18:50:38 +0000 Ina Fried http://mobilized.allthingsd.com/?p=6209 Mobilized took a trip to Tahoe this past weekend, but ended up being laid up most of the weekend with a cold. With a bit of a fever, the agenda became lots of indoor time and napping.

But, from a friend and former co-worker, I learned that the iPhone also doesn’t like it when it gets too hot.

Joris Evers, who now does PR for McAfee, was in Mexico City last month, sitting outside when his iPhone warned him that things had gotten too hot for comfort. It displayed a warning message and told him (in several languages) that the only thing it was willing to do was make an emergency call. Otherwise, it was waiting until things cooled down.

It also turns out that the iPhone, like Mobilized, likes talking about itself in the third person.

Evers said it was warm, not hot, though he was in the direct sun. His laptop was willing to work, despite the conditions.

“I guess iPhones need sun protection in addition to screen protection and fall protection,” Evers mused on his personal blog.

]]> http://allthingsd.com/20110411/mobilized-doesnt-work-well-with-a-fever-and-apparently-neither-does-your-iphone/feed/ 0 Intel Resumes Shipping That Troublesome Chip http://allthingsd.com/20110207/intel-resumes-shipping-that-troublesome-chip/ http://allthingsd.com/20110207/intel-resumes-shipping-that-troublesome-chip/#comments Mon, 07 Feb 2011 22:22:43 +0000 Arik Hesseldahl http://newenterprise.allthingsd.com/?p=2917 Remember that troublesome support chip of Intel’s? The one that caused the schedules of some PC manufacturers to slip? Well, Intel is shipping it anyway.

It turns out that if you don’t use the part of the chip that has the problem, it works just fine. The problem is with the SATA port connections on the Cougar Point chipset. There are six such connections and only one is of which four are affected. (For the finer technical points about the design problem, read this post at AnandTech.)

In the days after Intel disclosed the design error on its Cougar Point chipset, PC makers called up to ask if they could continue to ship if they tweaked their designs in such a way that used only the SATA port connections on the Cougar Point chipset that worked. Intel said this was A-OK, and has restarted shipping the chips to those PC makers that have promised to make the necessary changes.

Meanwhile, Intel says it has started manufacturing a new version of the chips, and it should start shipping to new customers later this month

News of the flaw hurt Intel stock last week, mainly because of the potential for financial impact. Intel said it will reduce its revenue forecast for the first quarter by $300 million as it ends production of the old chip and gets volume of the new one ramped up, and that the full impact could reach $700 million for the fiscal year. However, today’s disclosure suggests that Intel may have initially outlined a worst-case scenario just in case. Still, it hasn’t changed its forecast for the quarter. Intel shares, however, are up in after-hours trading.

Update: I corrected this post because I got the number of affected SATA ports on the chip wrong. Sorry about that.

]]> http://allthingsd.com/20110207/intel-resumes-shipping-that-troublesome-chip/feed/ 2 Verizon Upholds Tradition of Bumpy iPhone Launch http://allthingsd.com/20110203/verizon-upholds-tradition-of-bumpy-iphone-launch/ http://allthingsd.com/20110203/verizon-upholds-tradition-of-bumpy-iphone-launch/#comments Thu, 03 Feb 2011 16:30:03 +0000 John Paczkowski http://digitaldaily.allthingsd.com/?p=57090

“We’ve been working on this for a very long time. We expect unprecedented demand, bigger than anything we’ve ever seen before. We feel good about being able to handle it.”

– John Stratton, Verizon Wireless COO.

AT&T must be snickering into its cornflakes this morning (okay, perhaps it’s more of a hollow chuckle). Verizon began taking pre-orders for the forthcoming CDMA iPhone this morning and is suffering some of the same issues for which AT&T has been taken to task in the past (though AT&T’s problems were substantially more severe).

I received multiple reports from eager buyers whose purchase attempts were thwarted by infuriatingly slow page loads and/or error messages. Twitter is full of similar notes. This despite Verizon’s claim that the iPhone’s launch on its network would go flawlessly. “We are not going to have any flaws on the execution of the iPhone launch,” Fran Shammo, president and CEO of Verizon’s telecom and business unit, said ealier this year. “We’ve been preparing the network for the last year anticipating the launch of the iPhone.”

Well, perhaps a few flaws, as Verizon Wireless conceded this morning. Still, nowhere near as bad as the ones that troubled AT&T, which had to issue a formal apology.

“We have been processing orders all morning and most customers are not experiencing problems,” spokesperson Brenda Raney told me. “On balance this has been a smooth availability launch. In instances where customers get an error message, they tend to be specific to that individual versus a system wide issue. For example, if customers on a Family SharePlan log in and use a mobile number other than the one belonging to the primary account holder, they will get an error message. We are working to address that now.”

Of course, “on balance” doesn’t help if you are the one who has waited for years for the Verizon iPhone and find yourself unable to order one.

PREVIOUSLY:

[Error Image Credit: Business Insider]

]]> http://allthingsd.com/20110203/verizon-upholds-tradition-of-bumpy-iphone-launch/feed/ 14 Intel Says Sandy Bridge Support Chip Has "Design Errors" http://allthingsd.com/20110131/intel-says-sandy-bridge-support-chip-has-design-errors/ http://allthingsd.com/20110131/intel-says-sandy-bridge-support-chip-has-design-errors/#comments Mon, 31 Jan 2011 19:02:03 +0000 Arik Hesseldahl http://newenterprise.allthingsd.com/?p=2602 Shares of Intel are taking a bit of a drubbing today as the company announced it had discovered a design error in a chip supporting its Sandy Bridge generation of microprocessors. The chip is called Cougar Point, and it’s involved with the data connection to other devices within or outside the computer–hard drives or internal optical drives–using SATA connections. Intel says the performance of these connections could degrade over time. The systems affected have Core i5 and Core i7 quad-core chips.

The company has already stopped making the chip with the problem, but as is always the case with the incredibly complex process of semiconductor manufacturing, doing so is a costly process. Intel said it will reduce its revenue forecast for the first quarter by $300 million as it ends production of the old chip and gets volume of the new one ramped up. Total cost to repair and replace affected materials and computers already sold with the problem chip will be $700 million.

Those with long memories will recall Intel’s Pentium bug in the mid-1990s, which caused a big crisis of confidence in Intel chips, jokes from late-night TV hosts and a drop in the company’s stock price. This error is nothing like that. The company says the processor itself is unaffected.

Analysts are telling investors not to overreact. “Assuming pent-up demand for Sandy Bridge and mild competition, we think impact of this problem will be relatively small,” Standard & Poor’s analyst Clyde Montevirgen told clients in a note today. Mark Moskowitz of J.P. Morgan said it is likely that only a small number of end consumers are affected.

Meanwhile, Intel closed its $1.4 billion deal to acquire the wireless chip division of the German chipmaker Infineon, and said it expects to finally close its $7.7 billion acquisition of McAfee by the end of the quarter.

The combination of those two deals plus the chip trouble caused Intel to issue new guidance for the first quarter. It now expects first-quarter sales in the range of $11.3 billion to $12.1 billion, which is slightly higher than previous guidance. However it shaved three points off its gross margin forecast: The mid-point of the range is now 61 percent, down from 64 percent.

Intel shares are down more than one percent at the moment, while shares of rival Advanced Micro Devices are surging by more than five percent.

]]> http://allthingsd.com/20110131/intel-says-sandy-bridge-support-chip-has-design-errors/feed/ 1 Spoiler Alert: PlayBook Outshines iPad in RIM Video http://allthingsd.com/20101116/spoiler-alert-playbook-outshines-ipad-in-rim-video/ http://allthingsd.com/20101116/spoiler-alert-playbook-outshines-ipad-in-rim-video/#comments Tue, 16 Nov 2010 17:15:53 +0000 John Paczkowski http://digitaldaily.allthingsd.com/?p=52721 Research in Motion hasn’t yet launched its new BlackBerry PlayBook tablet and won’t until 2011, but it’s already kicked off the campaign to position it against what’s likely to be its archrival: Apple’s iPad.

In a new RIM video (below), the PlayBook is pitted against the iPad in a side-by-side comparison of “Web fidelity.” And what do you know: The PlayBook comes out looking better. In the video, RIM’s 7-inch tablet pulls up complete Web pages as the iPad slogs behind. Where the PlayBook shows off rich Flash content, the iPad “actually has an error…you’ll see that it says Flash is not supported” and instead delivers a “rather mundane, boring-looking HTML site.” In the Acid 3 test of compatibility with Web standards, the iPad does get an A, but the PlayBook gets an A+ with “pixel-perfect rendering.” And where the PlayBook’s Javascript and HTML5 animations are smooth and fluid, the iPad’s look choppy.

If this is the direction RIM takes with its eventual ad campaign (and if the performance differences are borne out in real-world use), it could score some points. Enough to dent the iPad’s “magic”? Well, we’ll see.

]]> http://allthingsd.com/20101116/spoiler-alert-playbook-outshines-ipad-in-rim-video/feed/ 0 EC to Intel: How's This for "Manifestly Disproportionate?" http://allthingsd.com/20090921/ec-to-intel-hows-this-for-manifestly-disproportionate/ http://allthingsd.com/20090921/ec-to-intel-hows-this-for-manifestly-disproportionate/#comments Mon, 21 Sep 2009 18:16:49 +0000 John Paczkowski http://digitaldaily.allthingsd.com/?p=25146 ec_intc-150x150Intel’s criticism of the European Commission’s legal acumen clearly has not gone over well in Brussels. The EC today responded to Intel’s claims that the Commission’s antitrust ruling against the company was meted out in error by releasing the full text of its decision and a selection of email correspondence and internal memos that make it clear that Intel (INTC) probably should have kept its big mouth shut.

“There have been some suggestions that the decision was based on allegations and not facts,” said Jonathan Todd, a commission spokesman. “With the publication of this decision, you can see precisely the details of the facts and how Intel broke the law.”

Below, a few of those details:

From a series of 2006 Lenovo e-mails:
“As you know I have been negotiating a special deal with Intel. The net is that Intel has made us a very attractive offer that we will end up taking. Our part of this deal is that we will award all business of shipments for the rest of this calendar year to Intel. In exchange, Intel will give us a special deal for both [geographical area] and [geographical area]. The deal is worth millions of dollars.”

“[two Lenovo executives] had a dinner with [an Intel executive] tonight (…). […] When we asked Intel what level of support we will get on NB [notebook] in next quarter, [he] told us (…) the deal is base[d] [sic] on our assumption to not launch AMD NB [notebook] platform. (…) Intel deal will not allow us to launch AMD.”

From a 2002 HP e-mail concerning the company’s negotiation of a rebate agreement with Intel:
“PLEASE DO NOT… communicate to the regions, your team members or AMD that we are constrained to 5 percent AMD by pursuing the Intel agreement.”

From a 2004 HP e-mail:
“You can NOT use the commercial AMD line in the channel in any country, it must be done direct. “If you do and we get caught (and we will) the Intel moneys (each month) is gone (they would terminate the deal). The risk is too high.”

From a 2004 Dell e-mail:
“[Intel senior executives] are prepared for [all-out war] if Dell joins the AMD exodus. We get ZERO MCP for at least one quarter while Intel ‘investigates the details’ (…) We’ll also have to bite and scratch to even hold 50%, including a commitment to NOT ship in Corporate. If we go in Opti [Optiplex corporate desktop line], they cut it to <20% and use the added MCP to compete against us" and "It looks 100% certain that Intel will take MCP to ZERO for at least one quarter while they 'review all of the numbers and implications.' (...) Appears likely that Intel would take MCP to <25% of current levels UNLESS we agree up front not to ship into [Product line]. If we do that, we're in 'détente' mode and can keep MPC [sic] at 50%. However, we don't meet [AMD Senior Executive]'s T&Cs [Terms and Conditions]. So, I would plan on MCP at <20% levels if we execute AMD across [Product line]and [Product line] as AMD wants."

Sounds pretty damning, no? Well, Intel doesn’t think so. In a hastily issued response, the company dismissed the EC’s release of the documents saying, “there’s nothing new here.”

“This Decision reflects the underlying bias we have come to expect from the case team that ran this investigation,” Intel said. “The Commission relied heavily on speculation found in e-mails from lower level employees that did not participate in the negotiation of the relevant agreements. At the same time, they ignored or minimized hard evidence of what actually happened, including highly authoritative documents, written declarations and testimony given under oath by senior individuals who negotiated the transactions at issue.”

]]> http://allthingsd.com/20090921/ec-to-intel-hows-this-for-manifestly-disproportionate/feed/ 3 EC to Intel: How's This for "Manifestly Disproportionate?" http://allthingsd.com/20090921/ec-to-intel-hows-this-for-manifestly-disproportionate-2/ http://allthingsd.com/20090921/ec-to-intel-hows-this-for-manifestly-disproportionate-2/#comments Mon, 21 Sep 2009 18:16:49 +0000 John Paczkowski http://digitaldaily.allthingsd.com/?p=25146 ec_intc-150x150Intel’s criticism of the European Commission’s legal acumen clearly has not gone over well in Brussels. The EC today responded to Intel’s claims that the Commission’s antitrust ruling against the company was meted out in error by releasing the full text of its decision and a selection of email correspondence and internal memos that make it clear that Intel (INTC) probably should have kept its big mouth shut.

“There have been some suggestions that the decision was based on allegations and not facts,” said Jonathan Todd, a commission spokesman. “With the publication of this decision, you can see precisely the details of the facts and how Intel broke the law.”

Below, a few of those details:

From a series of 2006 Lenovo e-mails:
“As you know I have been negotiating a special deal with Intel. The net is that Intel has made us a very attractive offer that we will end up taking. Our part of this deal is that we will award all business of shipments for the rest of this calendar year to Intel. In exchange, Intel will give us a special deal for both [geographical area] and [geographical area]. The deal is worth millions of dollars.”

“[two Lenovo executives] had a dinner with [an Intel executive] tonight (…). […] When we asked Intel what level of support we will get on NB [notebook] in next quarter, [he] told us (…) the deal is base[d] [sic] on our assumption to not launch AMD NB [notebook] platform. (…) Intel deal will not allow us to launch AMD.”

From a 2002 HP e-mail concerning the company’s negotiation of a rebate agreement with Intel:
“PLEASE DO NOT… communicate to the regions, your team members or AMD that we are constrained to 5 percent AMD by pursuing the Intel agreement.”

From a 2004 HP e-mail:
“You can NOT use the commercial AMD line in the channel in any country, it must be done direct. “If you do and we get caught (and we will) the Intel moneys (each month) is gone (they would terminate the deal). The risk is too high.”

From a 2004 Dell e-mail:
“[Intel senior executives] are prepared for [all-out war] if Dell joins the AMD exodus. We get ZERO MCP for at least one quarter while Intel ‘investigates the details’ (…) We’ll also have to bite and scratch to even hold 50%, including a commitment to NOT ship in Corporate. If we go in Opti [Optiplex corporate desktop line], they cut it to <20% and use the added MCP to compete against us" and "It looks 100% certain that Intel will take MCP to ZERO for at least one quarter while they 'review all of the numbers and implications.' (...) Appears likely that Intel would take MCP to <25% of current levels UNLESS we agree up front not to ship into [Product line]. If we do that, we're in 'détente' mode and can keep MPC [sic] at 50%. However, we don't meet [AMD Senior Executive]'s T&Cs [Terms and Conditions]. So, I would plan on MCP at <20% levels if we execute AMD across [Product line]and [Product line] as AMD wants."

Sounds pretty damning, no? Well, Intel doesn’t think so. In a hastily issued response, the company dismissed the EC’s release of the documents saying, “there’s nothing new here.”

“This Decision reflects the underlying bias we have come to expect from the case team that ran this investigation,” Intel said. “The Commission relied heavily on speculation found in e-mails from lower level employees that did not participate in the negotiation of the relevant agreements. At the same time, they ignored or minimized hard evidence of what actually happened, including highly authoritative documents, written declarations and testimony given under oath by senior individuals who negotiated the transactions at issue.”

]]> http://allthingsd.com/20090921/ec-to-intel-hows-this-for-manifestly-disproportionate-2/feed/ 0 Amazon Apologizes for "Ham-fisted Cataloging Error" http://allthingsd.com/20090413/amazon-apologizes-for-ham-fisted-cataloging-error/ http://allthingsd.com/20090413/amazon-apologizes-for-ham-fisted-cataloging-error/#comments Tue, 14 Apr 2009 00:31:49 +0000 Peter Kafka http://mediamemo.allthingsd.com/?p=6253 brokebackAmazon won’t come out and say exactly what happened to its sales-ranking system over the past few days. But it is sorry, and it would like the Web and its customers to know that it wasn’t singling out books aimed at gays and lesbians. Here’s the apology:

This is an embarrassing and ham-fisted cataloging error for a company that prides itself on offering complete selection.

It has been misreported that the issue was limited to Gay & Lesbian themed titles–in fact, it impacted 57,310 books in a number of broad categories such as Health, Mind & Body, Reproductive & Sexual Medicine, and Erotica. This problem impacted books not just in the United States but globally. It affected not just sales rank but also had the effect of removing the books from Amazon’s main product search.

Many books have now been fixed and we’re in the process of fixing the remainder as quickly as possible, and we intend to implement new measures to make this kind of accident less likely to occur in the future.

That isn’t going to mollify Amazon’s most vocal critics in the blog- and Twitter-spheres or the ones who ascribe the screw-up to either homophobia or nefarious hackers. But it’s almost certainly going to be the last word from Amazon (AMZN), which is about as tight-lipped as a publicly-held retailer can be.

Wall Street analysts have to beg Amazon to part with even basic financial details. If you think Jeff Bezos and company are going to get into the workings, and failings, of their online catalog, I admire your optimism.

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