Saturday, March 8, 2014

Platformer Shoot 'em Up Hybrid 'Glorkian Warrior: The Trials of Glork' Launching Next Week

<Amazon Salesp>Back in late January, a trailer caught my eye for a game called Glorkian Warrior: The Trials of Glork, an upcoming iOS project that blended the comic stylings of James Kochalka with the video game chops of Pixeljam Games. Not only was it a mashup of two creative entities, but it was also a mashup of gaming genres, with traditional platforming gameplay mixed in with Galaga-style shoot 'em up action. Based on this trailer, it looks like a match made in heaven.

Well, if you're excited for Glorkain Warrior like I am, you'll be happy to know that the game has managed its way through the Apple approval process and is set to launch next week on March 13th. In addition to the game, James Kochalka has created a Glorkian Warrior graphic novel called 'The Glorkian Warrior Delivers a Pizza' which will be available on March 25th. I'm not a big comic person, but I'm actually quite stoked to pick up both the iOS game and the book to get the full Glorkian Warrior effect, and you can currently pre-order the graphic novel on Amazon prior to its launch date.

Be on the lookout for Glorkian Warrior: The Trials of Glork next week, and hit up our forums for some discussion.

Friday, March 7, 2014

Warning: These Rap Lyrics Could Put You in Jail

<reddit gone wildp>"Anything you say can be used against you in the court of law." These famous words are, of course, part of the Miranda warnings read by the police to suspects after being arrested.

But this warning apparently needs to be updated to advise people that not only will anything you say, but also any rap lyrics you write can be used against you, even if they were penned years before the crime at issue.

Those are the very facts of Vonte Skinner's case currently pending on appeal before the New Jersey Supreme Court. Skinner was charged with the 2005 attempted murder of Lamont Peterson who had been shot several times at close range.

Earlier this week oral arguments were heard regarding whether Skinner's rap lyrics were improperly admitted by the trial judge. Here's just a sample of 13 pages of Skinner's lyrics read by the prosecution to the jury:

I love bringin' heat and to beef melt ya' Jeep. Two to your helmet and four slugs drillin' your cheek to blow your face off and leave your brain caved in the street.

Yo, look in my eyes. You can see death comin' quick. Look in my palms, you can see what I'm gunnin' with. I play no games when it comes to this war shit. If death was a jacket, you would see how the floor fits.

You get the idea. Unsurprisingly, Skinner was convicted despite the weapon not being found and conflicting testimony identifying him as the shooter.

I saw first hand when I was a trial lawyer that a jury -and even a judge- could be swayed by any one piece of evidence. Cases could turn on what might otherwise be perceived as lesser piece of evidence. Consequently, a defendant's rap lyrics could be the very thing that sways a jury to reach a guilty verdict because the words unfairly portray the person as violent.

And in Skinner's case, the lyrics at issue were written well before the crime- with some as old as four years before the shooting. It's also undisputed that Skinner's lyrics neither mentions the victim nor recites facts similar to his case.

I'm not arguing that all lyrics, or other creative expressions by a defendant, should never be admissible. But they should be clearly tied to the facts of the case at hand. For example, it would've been proper to admit the lyrics if Skinner had written about having a beef with the victim.

As former New York homicide prosecutor Paul Callan explained via email: "Had Johnnie Cash been charged with actually shooting 'a man in Reno, just to watch him die' his song lyrics would be relevant and admissible at trial. Otherwise, unless the lyrics help to prove something important like motive or a unique method of killing, they should be inadmissible."

Criminal defense lawyer Seema Iyer, also a former prosecutor, echoed Callan's sentiments. Iyer felt strongly that the "probative value" of Skinner's lyrics was clearly outweighed by the unfair prejudice it caused him.

Here's the even more alarming news: The Skinner case is far from being unique. As the ACLU noted in a brief it filed with the New Jersey Supreme Court, they found 17 other cases where court's considered the admissibility of a defendant's rap lyrics. Astoundingly, judges ruled in favor of admitting the lyrics in 80 percent of those criminal trials. (A few were overturned on appeal.)

If criminal courts continue down this path, will comedians have to worry that their angry, ranting jokes may one day be used against them in a trial? Or what if country singer Carrie Underwood were on trial in the future for a violent act, would the court admit the lyrics of her 2005 song, " Before He Cheats," in which she sings: "Took a Louisville slugger to both headlights, slashed a hole in all four tires. Maybe next time he'll think before he cheats."

Michael Skolnik, editor in chief of the hip-hop focused publication Global Grind.com that spotlights hip hop culture, explained to me that rap lyrics should, "never be allowed as evidence in a court of law since the lyrics range from being metaphorical, to bragging, to literal to a form of escape."

Brown University Professor Tricia Rose, who the ACLU quoted in their brief, noted that rap is a form of expression with its own "artistic and poetic conventions" often featuring "metaphors and boasts," "overblown accounts" and "outrageous lies," with the goal being to weave a catchy and compelling story.

Let's be brutally honest: there's a racial component to rap lyrics being introduced into evidence. We can't ignore the reality that rap lyrics will be used almost exclusively in criminal trials with black defendants.

As Professor Rose instructively explained, "rap music is a black cultural expression that prioritizes Black voices from the margins of urban America." Brown noted that since its origins, rap music has, "articulated the pleasures and problems of Black urban life in contemporary America."

Michael Skolnik, editor in chief of the hip-hop focused publication Global Grind.com, also believes there's a racial aspect to these cases, pointing out that it's, "another example of the demonization of young black men for listening to rap music- or as in this case, writing rap music."

The New Jersey Supreme Court should rule that Skinner's lyrics are not admissible. The Court should also articulate clear guidelines for New Jersey trial judges that a defendant's' creative expressions-be they rap lyrics or a comic's jokes- should only be admissible if it's directly connected to the facts of the case. Anything less will result in innocent people being convicted of crimes based on their art, not on the law.

Thursday, March 6, 2014

Amazon's War On The House Of Otto, Germany's $18 Billion Family

Michael Otto at his corporate headquarters in Hamburg, Germany. (Photo by Wolfgang Wilde For Forbes)

Michael Otto's family has been as omnipresent in German postwar retail as Wal-Mart, Sears and Target have in the U.S. So what does this 70-year-old patriarch of this $18 billion clan most want to talk about? A factory in Bangladesh.

With gusto he describes how he and Nobel Peace Prize-winner Muhammad Yunus hatched a plan to build a humane clothing factory, where all profits would go back into the community for schools and hospitals. At best, the Otto Group would recoup its initial investment. Immediately they faced red tape. Electricity would take five years. Officials wanted bribes. Otto refused to base a social business on a corrupt footing and walked away. "It's unbelievable," says Otto, pounding on his wooden desk in his corner office in Hamburg, Germany. "You would think the government must be happy somebody is building such a company and leaving the money in the country."

And then the man with the crown of white hair and piercing blue eyes stops, composes himself and apologizes for banging on the table: "It is extremely seldom that I bang on the table, because I think it must be possible to solve problems in a very human and civilized way."

Human and civilized. That's the Otto Group, which encompasses 123 companies (including America's Crate & Barrel) across 20 countries and expects revenue for the fiscal year ending in February to top $16.4 billion. Germans covet jobs with the firm. Its workers have never led a strike against the company, which instructs its managers not to work weekends or holidays. "The increase in burnouts is a problem because people are always on and they are always reacting," says Otto. "It is so important to relax."

For six decades such values have served the Otto family well. Today you can almost hear Jeff Bezos' famous braying laugh emanating from Seattle. The Otto way of doing business is up against the age of amazon, in which scale, brashness and speed rule. Otto thought he had digital retailing figured out: No entity sold more clothes online last year, and the Otto Group also operates the world's largest mail-order retail operation. But last year, for the first time, Amazon's sales in Germany ($10.5 billion) eclipsed Otto's ($9 billion). And the trend lines are far uglier: The Otto Group's sales are up 17% in Germany since the recession, while Amazon's have doubled since 2010.

It's worth noting that charges of poor work conditions led Amazon workers in its German distribution centers to strike last year. Which has set up something of a test: Can a family-owned retail giant run by a paternalistic billionaire compete with the efficiency-obsessed behemoths born of the cut-throat Internet?

The rise of the Otto clan mirrors that of Germany after the Second World War. Michael's parents, Werner and Eva, resettled from Berlin to what was euphemistically called West Prussia after the Nazis conquered Poland. Michael was born in Kulm an der Weichsel, a town the Poles call Chełmno. Before he was 2 the settlers had to flee back to Germany ahead of the encroaching Soviet army.

Surviving a 400-mile trek by horse cart, with occasional strafing from British bombers, the Ottos eventually settled in the Hamburg area but were by then separated. Michael lived with his mother, who struggled to make ends meet. He remembers going to bed hungry on many nights. On weekends he would visit his father, who attempted to launch a series of businesses, including a halting effort at making wooden shoes. In 1949 Werner tried something new, pasting pictures of 28 pairs of regular shoes into a 14-page catalog, and writing out the prices by hand. He duplicated the catalog 300 times and handed them out to other Hamburgers. Orders started coming in, and propelled by Germany's "economic miracle" in the 1950s, the company he called Otto grew into a leading German catalog business. By 1967 the company was distributing more than a million catalogs with 748 pages.

In the 1970s, when postal strikes and higher rates threatened operations, Otto started doing its own deliveries. Today its logistics company, Hermes, grosses $1.5 billion and competes fiercely with Deutsche Post DHL in parcel delivery. Its $690 million distribution center in Haldensleben, in formerly Communist East Germany, is one of Europe's largest warehouses, holding up to $1.4 billion worth of merchandise at peak times. About 40% of its revenue comes from delivering for non-Otto Group companies-including Amazon.

In 1965 Werner set up a separate commercial real estate business, ECE Projektmanagement, that's now Europe's biggest developer of American-style shopping malls and is today run by Michael's younger half-brother Alexander. (That business, which accounts for two-thirds of the family's net worth, ultimately insulates the Ottos' fortune from the whims of retail.)

Michael Otto joined the family's catalog business in 1971 at age 28. Though the family had become successful, he remained a product of his hardscrabble roots. He paid for his own college education by starting a real estate business, which gave him street smarts to go with his eventual doctorate in economics. He's still that way: He buys his suits off the rack, and while he has a direct line to German Chancellor Angela Merkel, helped Christo win permission to wrap the Reichstag in silver fabric and has a species of lemur named after him, he remains the prototypical northern German merchant, steeped in modesty and dignity. His favorite hobbies: gardening and traveling off the beaten path (he recently returned from a ten-day camping trip in Kazakhstan). "I have a good understanding how it is to be poor," he says. "I sometimes cannot understand how people who became successful seem to be a different person."

Otto's tenure at CEO, which began in 1981, came with one main priority: diversify internationally. By 1987 Otto had become the world's largest mail-order company, expanding into Spain, Italy, Britain and other markets. In the U.S. it has placed its bets on Chicago's Crate & Barrel after an initial foray buying the Spiegel catalog ended in bankruptcy. In 1998 Otto bought 81% of Crate & Barrel from its founders, Gordon and Carole Segal. The year before, the company had sales north of $400 million. Now annual sales are above $1.4 billion. Otto bought the remaining shares in 2011.

The fall of the Berlin Wall in 1989 boosted sales into Eastern Europe. Russia was a top priority, where Otto is the leading mail-order company with revenue of $750 million in 2013, up 12.3% from the year before.

Otto embraced technology early: In the mid-1990s, he teamed with Time Warner in an experiment in interactive television in Orlando, Fla. It failed, epically so, but it opened his eyes to the potential of the Internet. "The biggest mistake is not to make decisions or not to develop new concepts," he says.

Otto went online in 1995-the same year as Amazon and earlier than many German competitors. Today online sales are 60% of Otto Group's total; another 30% come from its 1,800 different catalogs and the rest from its 400 physical stores. Before stepping into the chairman role in 2007, Otto nurtured dozens of new brands, such as myToys, which was started 15 years ago in Berlin's multicultural Kreuzberg district. Its offices have Ping-Pong tables and big open spaces, Silicon Valley-style. It's Germany's biggest online toy store and operates in Europe and Russia, and has 13 stores. Sales were an estimated $535 million last fiscal year, up from $384 million in the prior year.

Monday, March 3, 2014

BusinessWest

<Best Buyh2>Cover

Yasir Osman Has Taken a Long, Twisting Ride to Entrepreneurship When Yasir Osman arrived in New York from his homeland of Sudan in 1989, he had $100 in his pocket [...]

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Features

Farms, Open Space Shape Belchertown's Outlook The sun shone brightly on almost a foot of snow as Steve Lanphear pruned apple trees in his Belchertown orchard. Although the temperature hovered [...]

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Difference Makers to Be Feted on March 20 at the Log Cabin You might call this the 'Home Depot class.' Indeed, there are some notable building, or home-restoration, stories involving [...]

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Special Features

At Webber & Grinnell, the Devil Is in the Details The sales pitch at Webber & Grinnell Insurance often comes down to one simple question: what are you not covered [...]

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Partners at chikmedia Say Marketing Shouldn't Be Stressful Meghan Rothschild was taken aback by how Bob Lowry, owner of Bueno y Sano, described her new marketing firm's work: "zany things [...]

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New York Sound and Motion Invests in the Big Picture When Ed Brown interned for a neighbor's lighting and gaffing business during one of his college summers home on Long [...]

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Phillips Insurance Agency Specializes in Surety Bonds Joseph Phillips is drawing a triangle to illustrate how a surety bond works. One leg is upheld by a contractor, and the other [...]

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If the Answer Is 'No,' the Consequences Could Be Costly By MICHAEL LEVIN When it comes to cyber security and data breaches, no system is infallible. Some of the largest [...]

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A chart of insurance agencies in the region Click here to download the PDF

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Springfield-based TSM Design Opens Second Office in Hartford Nancy Urbschat recalls the moment she and her team at TSM Design saw the small yet attractive office space in the historic [...]

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As Speech-recognition Technology Improves, More Applications Emerge Speech-recognition technology, which instantly translates human speech into a digital document or command, has been around in some form for about two decades. [...]

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A chart of area web development companies Click here to download the PDF

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A listing of available commercial sites Click here to download the PDF

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Clerk of Courts Laura Gentile Has a Lot on Her Docket For almost two decades, Laura Gentile has been exposed to plenty of things she'd rather not think about - [...]

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Auto Dealers Expect Sales to Accelerate in 2014 By MICHAEL REARDON With the recession in the rear-view mirror, the automobile industry is poised for another successful year fueled by a [...]

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Opinion

Cloud of Uncertainty Hangs Over Casinos This should be a time of great anticipation and, yes, celebration for some players in the casino industry - and, likewise, in communities like [...]

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Cost Report Creates False Impressions By LYNN NICHOLAS The state's Health Policy Commission (HPC) just released its latest Cost Trends Report, in which it claims Massachusetts healthcare providers - primarily [...]

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Sunday, March 2, 2014

Best Buy Offering Free 16GB iPhone 5s With Trade-In of iPhone 4s or 5

Coupon Codes is introducing another special deal this weekend, offering a minimum of $150 for trade-ins of working iPhone 4s and iPhone 5 smartphones. Customers must buy a new smartphone with two-year contract on AT&T, Sprint or Verizon, however. The offer is good through the end of the day tomorrow, March 1. The chain has also reduced the price of the base 16GB iPhone 5s to $150 to match the buyback.


With a number of carriers moving away from two-year contracts for its customers -- instead focusing on non-subsidized, but cheaper, monthly plans -- it may be affecting the bottom line of retailers like Best Buy because plans like AT&T Next do not, in many cases, require customers to pay money up front.

For upgrade-eligible iPhone-owners looking to move to the iPhone 5s, this promotion could be an inexpensive way to do that.

Friday, February 21, 2014

Best Buy Will Make A Comeback

The decrease in stock price Online Deals ( BBY) and negative outlook for the company is nothing but herding behavior. It seems to me that a majority of the investors have solely focused on the figures reported in holiday revenues. A little more time should have been given to the statements of the president and CFO of Best Buy.

In the short-term, the results were obviously not very encouraging but I would prefer to interpolate these facts and figures and to look at the bigger picture. I have many reasons to believe that the decline in the price of BBY since the announcement of fiscal year 2014's holiday revenue was uncalled for. In my opinion, the management made a smart choice to be price competitive. The idea of investment in pricing came with a higher than expected cost and non-GAAP operating income for the fourth quarter is expected to be 1.75 percent to 1.85 percent lower than last year. This plan affected the margins negatively but in the long term positive results should be expected from this move. Despite the decline in sales the company actually gained more share in the domestic market. Also, a higher margin can be expected in the coming years because the company has a number of initiatives to be executed that will both increase revenue and cut costs.

According to Hubert Joly, due to the company's price competitiveness and improved customer experience both online and in-store, the company gained more market share. The company's Net Promoter Score experienced an improvement of 4 percent. The company also made substantial progress compared to several other Renew Blue priorities that will leave them well-positioned as the company enters fiscal year 2015. That progress was comprised of strong inventory management, comparable online sales growth of 23.5 percent, and very strong retail execution during Power Week. The company also executed a transformational supply chain that included giving far greater access to total company inventory through its recently launched ship-from-store ability that is available in more than 400 stores. The company also decreased its annualized costs by $45 million as of January 16th, 2014. This step brought the company's total annualized cost reductions for Renew Blue to $550 million.

Although, the company's revenues were unfavorably obstructed by the supply constraints for key products, an unsatisfactory mobile phone market, the aggressive promotional activity during holiday period and significant decline in store traffic between Christmas and Power Week, looking ahead this performance reinforces the company's resolve and its sense of urgency concerning its transformation. Going into fiscal year 2015, the company's priorities are to grow its online channel at an accelerated pace, lower its cost structure more deeply and quickly, enhance the innovation and improvement of the multi-channel customer experience. It also seeks to improve its marketing approach and effectiveness especially related to personalization, targeting of buying occasions and customer segments. The company is also attempting to strengthen and grow its Greek Squad services business.

It is important to note that the company's results did not warrant such deterioration in its stock price. I accept that 0.8 percent negative growth in comparable sale is not a good figure but the company showed reasonable improvement on a year-on-year basis compared to last year. Further, the company fetched 0.1 percent growth in international comparable store sales and that is much better result compared to the negative 10.3 percent growth during the same period last year. Best Buy's stock value was largely affected by the performance of its domestic business segments. Finally the company had to face a 2.6 percent decrease in total revenues and negative growth rate of 0.9 percent in comparable store sales. However, in my opinion, the market overreacted and the company will regain a major chunk of its lost market capitalization in the coming years.

My Stance

I have evaluated three aspects of the company that are keeping me optimistic about its future. First, the company's improving operational proficiencies. The company is managing its inventory better and in turn its stores are becoming distribution centers. The company can now ship products from all of its big-box stores and this phenomenon will improve both revenues and margin for online as well as in-store sales. Second, the company's management has plans to cut costs by $725 million. Last quarter's SG&A costs were reduced from $2.19 billion to $2.05 billion and that is a fruitful display of this plan's successful execution. Third, management further plans to refurbish the company's website. Enriched product review capabilities, single sign-on for reward members and account holders, enhanced navigation and amplified cross selling are some examples of the changes management has already made to the company's web platform.

I am not convinced that the market should have reacted this way and in my opinion this whole destruction in Best Buy's price was led by hysteria and herding. Best Buy will regain its lost market capitalization in the upcoming years.

Check Out 'Primal Flame', an Upcoming Atmospheric Arcade Game Where Your Finger is the Match

<Discountp>I love when touchscreens are used in interesting and unique ways, and the upcoming game Primal Flame from developer Irrelevant Fish does just that. You'll start out in total darkness, but a few swipes on the screen with your finger will "light" up your match, giving you limited visibility. From there, you'll need to collect items in order to keep your match flame going while simultaneously avoiding and burning various enemies looking to extinguish your fun. Check out the trailer.

While the trailer is brief and only offers a quick glimpse into Primal Flame, it was definitely enough to capture my attention. The lighting effects are very cool, and the action gives me an almost Tilt to Live kind of vibe, without the tilting. I'm eager to see more, and thankfully we won't have to wait long for that as Primal Flame is set to launch next week on February 25th for $2.99 and with no IAP. If Primal Flame has caught your interest too you can check out the discussion in our forums, and keep an eye out for it next week.