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Who owns the follow?

I am not a lawyer, but over the past few years, I have found myself becoming more and more interested in law.  I took and introduction to law course a couple of years ago out of pure interest.  Specifically, my work with service providers, law enforcement, internal investigations and recently working for a financial institution has created much more interest in what I find to be the lack of details in laws around computer crime, data ownership and use of data. This article caught my eye.  Noah Kraviz, a former employee of Phonedog, is being sued by Phonedog for taking his followers with him when he left the company.  It seems to ask the question: Who owns a set of followers on Twitter?

For ordinary businesses it’s quite difficult to gain a following without a strong personality. You have to have a very strong brand for it to work.

If I choose to follow someone or some company it is because I have an interest in what that person or that company has to say.  For me personally, so far there are very few companies I actually follow.  A few I follow because I do have an interest in their products or philosophy.  As long as that company keeps my interest, then I am happy to keep following them.  However, if I no longer have a use or interest, then I will no longer follow.  It’s pretty simple.

In most cases, I choose to follow a particular person or individual.  I like what they say, the message they communicate, or they share a common set of interests with myself.  Who they work for, is not why I follow them, it just happens they work there and that is where a majority of their tweets come from.  If for whatever reasons they move on, I will still follow them, but unless the company has created a brand I am interested in, I won’t continue to follow the company.

It is hard to pinpoint a financial value to Twitter followers as it is unclear why they follow a particular account.

The key to this statement is why they follow.  Who I choose to follow is my choice as the follower, not the owner of the account I am following.  What makes person or company feel they in any way own or can make claim to a set of followers is beyond me.  The entire follow or not follow process is not owned by them.  If you want me to follow you, then create a personal brand that makes me want to follow you. This is one of the great things about social media compared to previous technologies such as email or phone.  Once a company obtained your phone number or email address they could contact you anytime they wanted as often as they wanted and there was little you could do about it.  The company felt in control, and to a large degree they were.  You could change email addresses or phone numbers, but the cost and work involved to do that is very high for you and not high for the company.  With social media such as Twitter, Facebook and others, it is easy.  Just a mouse click and you are gone.  It levels the playing field and forces companies and individuals to compete on their brand, quality of products, treatment of their customers, and other factors.

I hope that this does not settle.  I think it would benefit everyone to have a legal precedent set.  Data and meta-data ownership is going to become very interesting from a legal point of view over the next few years, and I am looking forward to watching it unfold.

Update (Jan 3, 2012): @LeeBerlik a lawyer in Virginia wrote a post about this which you can find here.

Technology vendors, Coke, Heinz, and Kleenex

I once worked for a company where during one of our quarterly internal company meetings, the CEO, presented a slide with the same graphic as the one on the top left of this blog post.  The goal of this slide was to explain the importance of making the company name synonymous with the problem they were trying to solve.  During his talk, he spoke about companies such as Coke, Heinz, and Kleenex.  What these companies have in common is that often, people automatically replace the product with the  company name  – if effect they use the company name to reference the product or problem being solved.  This is the ultimate in branding.  Ever heard someone say “Do you have a Kleenex?” – technically you never do.  Kleenex is the company or brand, and one of the products they make are facial tissues.   The CEO felt this was one of the best positions for a company to be in and encouraged the team to always do what they can to achieve that goal.   In fairness, I know him and he is a good guy. A great speaker who wants the best for his company, and wants to instill those same values throughout the company – exactly what a CEO is suppose to do. And he was somewhat successful.  When engaging clients to execute professional services there were a few times when the company name was inserted where the product should have been.  To this day, I can find Internet posts that speak about  “when we installed the <company> …”

Today, I am no longer representing the vendor providing the consulting; my team is the client.  One of my teams responsibilities are to reduce the complexity of our security environment and increase security.  In order to do this, it is important that separation of the features, solution and the vendor occurs at all levels in my organization.  The last position I want my organization to be in is one where there are inaccurately perceived dependencies on a particular vendor.  As such, I now work in the exact opposite way of the vendor.  I work hard to stop these branding attempts whenever I encounter them.  You can find them in many places,  documentation, e-mail,  meetings.  It can start to infect employees and they will propagate the branding message.  Working against this, some vendors feel that I am difficult or hostile towards them.  It has nothing to do with them, rather it has to do with keeping the message clear, real and accurate at all levels in the organization.  Effectively removing the ‘spin.’  Here are the main reasons I actively do this.

Creates a perceived dependency on the vendor. Most if not all vendors would love to achieve the perception (or reality) that a company, especially those with deep pockets can not easily do a particular feature or solution without them.  I have found in my years of consulting and technology this is rarely the case and if by chance it is, give it a few months and it will no longer be the case.  What is important is that any messaging directly or indirectly along these lines is verified and accurate.  The higher up the organization the more important this is.  Often, depending on the environment, assessing and correcting the message that vendors often send up the organization can be difficult.  Fortunately, I work for a company where senior executives actually do listen to their employees opinions and recommendations.

Correcting statements with “the Vendor project”. I am constantly correcting these statements.  It is common especially when a new vendor enters the footprint of a large enterprise for the first time.  Often employees and executives refer to the project as “The <vendor name> project”.  I feel it is important to correct this early on.  In meetings, when reviewing documentation, responding to e-mails, a project always has a name and description, and should not specify the vendor. The name of vendors can and should be stated where a decision has been made to include or exclude a vendor, but the project / service should be written, spoken and perceived as separate from the vendor and something a particular vendor is providing.

Creates and keeps competition alive. Vendors like to ‘feel’ that they are the chosen company – it gives them a sense of security in sales, and bragging rights on the street. You want to keep a certain amount of competition with the vendor during the selection process.  More importantly, you never want a vendor to feel they have you locked in to their technology.  It keeps the vendor more honest, and always paying a certain amount of attention to your company and their account.  It keeps them competitive both from a pricing and services perspective — all good things.

Subconsciously changes the company’s thinking. By using a vendor name as the solution, it starts to change the way teams think within an organization.  Employees start to think less critically about problems and potential solutions because the vendor is the solution.  They keep less abreast of the market and start to rely on a specific vendors to solve their problems, regardless if that is the best way to solve a particular problem or not.  If this type of thinking perpetuates throughout a company, as time passes, you end up a self-fulfilling prophecy, where the company simply goes directly to the vendor and more easily accepts their answers as truth.

Not that vendors are all bad, they are just trying to do what is best for their company and themselves.  Typically, the employees of the vendor are incentivised by bonuses and incremental pay scales that encourage this behaviour.  It is important that you constantly look out for this type of messaging and correct it. At the end of the day, it is one of the reasons your employer pays you.

The wrist watch is dying, yet I still wear one.

I love wrist watches.  As a kid I had several, a mix of analog and digital.  From about 5 or 6 years of age, I would always be found wearing one of the watches I owned.  Even today, I have 3 wrist watches, a military certified one, a Raymond-Weil, and one given to me by a former employer when I left that has their logo on the face.   To this day I still keep abreast of the wrist watch market.  My watches work fine and yet and I keep toying with the idea of purchasing a Breitling.   I have a passion for the design, attention to detail, precision and expertise this company puts into their products.   Compared with the typical “get it out the door and fix it later” approach with many of today’s companies, what Breitling promotes is refreshing.  While I understand why most technology companies run their businesses with the “out the door” approach and the necessity in today’s market, it makes me feel sad inside.

I just finished watching a Ted presentation by Sir Ken Robinson.   It is a informative and entertaining presentation on how the education system of today does not need an evolution.  Instead it requires a revolution.  Much of what he says parallels what Seth Godin wrote about in Linchpin.  One of Ken’s analogies is how our children do not see the point of a wrist watch.  A single purpose device that is no longer necessary but people over the age of 25 typically wear a wrist watch simply because we always have.   I have to admit, I am well over the age of 25 and I still wear one.  I also have a PDA, tweet, blog, and am very current in the latest technology, networks and security.  I don’t need a wrist watch.  Not only do I still wear one,but I still want a Breitling.  Why?

I love their website.  It is current and artistic, constantly being updated.   It shows you the ‘flashy’ look of their products, yet those wishing to obtain technical details of a specific product can do so easily.  It doesn’t send you to a PDF, technical specifications and flashy displays are all integrated into the site design.  It is well thought out and well designed.  This is important.  It tells the viewer that is how they do everything including how they design their wrist watches.  The design of the site, shows their personal brand.  There are lots of videos of their jet team.  You might wonder what a jet team has to do with the wrist watches.  My wife joking said “That is why they have to charge so much for their watches.”   Just like the design of their website, the videos of the jet team re-enforce the Breitling personal brand.  Jet teams flying with accuracy, speed, timing, focus, trust, taking risk.  That is how they make their watches, their website, train their jet team, how they view their trade craft.  How they do everything.

I want a Breitling watch because I like watches and the attributes of the Breitling brand resonate with me. I feel sad sometimes with the “get it out the door” approach of many companies, because they ignore what I value.  Precision, speed, timing, attention to detail, trust are attributes I have valued since I was the age of 6.