Street Power

The recent fiasco in France holds many lessons for democracies everywhere.

France has this strange combination of a thriving corporate industry and high unemployment especially amongst youth. The culprits here are France’s rigid labour laws which make it almost impossible to dismiss or layoff employees. Companies therefore prefer not to hire. If they have to, they use temporary workers. Since older employees can’t be fired easily, unemployment hits the youth. Much of the unemployment is among the children of immigrants which ultimately was the cause of rioting in France a few months ago. People with no jobs are more likely to riot – they have time on their hands and nothing to lose.

The government in France, with the best of intentions, decided to fix some of these problems to regenerate employment amongst youth. But they could not suddenly change labour laws across the working population. If layoffs were permitted across the board, sure, growing companies would start hiring young people, but there would also be a lot of older workers laid off and out of jobs. So the government decided to make it easier to fire only young workers in the first two years after they join.

Big mistake. Within days, massive student and youth protests were organized across the country. Colleges shut down because all the students were in the streets protesting against what they were calling a law unfairly targeting young people! The government first said it was willing to negotiate the time period – make it 18 months instead of 2 years. In the end, Jacques Chirac just withdrew the bill, in effect dashing the Presidential hopes of his trusted luitenant Dominique de Villepin who was the author of the bill. So were all students against the new bill? No. Last week they were interviewing a law student from the Sorbonne on BBC. The student was being asked about the law and the protests. She was against the protests and for the law. She didn’t like the fact that the colleges had been shut for the past 4 weeks and who knows what would happen to her final exams. But more importantly, she thought that the new bill would generate employment for the youth! She also said that none of the economics and law students of her university were in the protest marches.

I think the new bill would have worked. Not that the French government didn’t deserve the shellacking it got. They have nobody to blame but themselves for making France into an insular, inflexible place to do business. But really, this bill didn’t have a chance. Why? For two reasons:

1. The rationale for the new law is not easy to explain. It is not obvious that making it easier to fire young workers will result in higher employment among the same workers. I can imagine myself trying to explain that to a 3rd year medieval history student. Even if I knew French, I don’t think I could. On the other hand, the opposition can easily spin it the other way portraying it as an evil law designed to protect older workers or even designed to keep immigrant youth from keeping good jobs. Here I don’t just mean the Opposition in Parliament. Every change has opposition to it simply because someone is going to get hurt by the change.

2. The opposition to the law had Street Power. The people who were in favour of the new law like the Sorbonne law student and her friends, did not.

Cut to India. Labour flexibility, for decades, has been the one reform that no politician wants to touch. It is hard to believe that if you are the owner or manager of a company, your company can make losses, go bust and lose its entire net worth, but you can’t restructure your workforce. Capital treads softly where labour is inflexible. There was a time when there was talk of an Exit Policy for sick companies. A very unfortunate choice of name, if you ask me. The opposition (trade unions) quickly positioned the Exit in Exit Policy to be the exit of employees. ‘Hire and fire’ was another colorful phrase they used. The government had to bury the whole thing.

But its now resurfacing. You hear snatches of statements made by the PM and FM about the need for labour flexibility. Although they’ve picked a better name this time, I don’t like the government’s odds of passing any substantive legislation on this matter. Why? because of the same reasons that the French government failed.

How do you explain the rationale of labour flexibility to Mr. Godbole who is a teller in a bank? Mr. Godbole, we plan to make it easier to fire people such as yourself because this will encourage capital investment which will generate more jobs. I can just see Mr. Godbole’s eyes glazing over. Before he gets angry. Even Mr. Godbole can understand that making it easier to fire him is not good for his pension. Self interest is a great motivator. When it comes down to Godbole’s job security vs. more employment in the country, Godbole knows which side of his toast is buttered. And finally, Godbole is part of a union. He has Street Power. His union can call a strike, do a dharna and if it comes down to it, burn a few buses. The stakes are very high. And a burning bus is an arresting sight on TV.

The challenge of sound economic policy making is that often doing the right thing benefits a silent majority, but hurts a vocal minority. In some cases the vocal minority can make their voice heard. In others they can take their campaign funding elsewhere. You need money to run elections. You need votes to win them.

I do think that one of the most important reforms that the Indian economy can benefit from is bringing labour flexibility. This is the best time to do it when economic growth is strong. But I won’t be holding my breath waiting for it. Not while the govenment depends upon the support of CPI(M).

Directory is History

I’ve been using a desktop search tool called Copernic. It has changed the way I organize my digital world. Copernic and other similar tools like Google desktop make searching for a file on your machine so easy that the concept of folders may well be headed for the rubbish bin of history.

Nitin, our CTO, doesn’t use folders in Outlook anymore. He just lets the emails sit in his inbox until they get archived. Copernic and Google desktop are so much faster than clicking through folders. And the archives are indexed as well. Using folders takes more time and effort to set up and maintain, yet takes longer on retrieval. Seems like Outlook folders are going to get vestigeal pretty quick.

Over the years I have developed (what I thought was) the good habit of filing away files and emails and notes into neat, nested folders. I’d try and have the same directory structure and folder names in Outlook, Windows directory and Evernote, which I use for notes. Old habits die  hard, but I am tempted to chuck it all and trust Copernic.

There is one reason though that makes it hard to abandon all those folders in Windows. If you want to attach a file to an email, Outlook requires you to navigate through folders. If you’ve dumped all files in My Documents with no file structure below that, you’re in trouble. Going the other way, that is to find the file first and then create an email should be doable but it isn’t the way most people work.

I’m hoping the wunderkinds at Google are thinking of a way around this (that does not involve saying ‘use Google mail’). I don’t think Microsoft is up to it. They’ve got bigger problems. Like rolling out Vista before their XP upgrade revenue dries up.

Too much of a good thing

The patent law in the US is one that the country is justifiably proud of. Over decades it has nurtured and rewarded inventors for inventing things that improve the lives of their fellow beings by granting the inventors a limited time monopoly over the uses of their inventions.

But it seems like the pendulum has swung too far to the other side. The range of innovation that is now addressed by patent law is vast and extends to things like business methods. The duration for which the inventor has monopoly rights to exploit his invention keeps going up (now 17 years).

Michael Crichton  (of Jurassic Park fame) recently wrote a piece where he talks about the need to reign in the patent law. In a recent ruling a federal court ruled that an existing patent that simply links elevated homocysteine to vitamin B-12 will stand. Just to be clear, this patent is not about a novel test to check for elevated homocysteine. It is simply the causal link between it and B-12, which is a natural phenomenon in the human body. And the court is allowing the patent on it.

Earlier this week, Netflix sued Blockbuster for patent infringement. The patents are on its business methods of unlimited rentals with no late fees and a ‘range of automated interaction with its customers’. Now I am no friend of Blockbuster and actually think Netflix has reached its dominant position in online DVD rentals through grit and gumption. They deserve every bit of what they have achieved so far. But do they deserve 17 years of untramelled access to the online rental market for some hohum ways of interacting electronically with customers? I don’t think so. An earlier and bigger brouhaha on a similar award of a business method and software patent was Amazon’s 1-click ordering.

These may be one-off exceptions and don’t necessarily prove anything. But if you look at the facts, US patent law (and other IP laws like copyright laws) have become looser, more wide-ranging and give the owner of the patent longer exclusive protection. This, it is claimed, encourages innovation.

But it doesn’t. All innovation is accretive. All creativity is remix. Great inventors stand on the shoulders of inventors before whose inventions allow them to see further. Restricting the use of an ever-widening range of patents for longer reduces innovation because new inventors will not have free access to the inventions. Businesses will spend too much time trying to figure out what to patent or how to side-step others’ patents.

In some industries like healthcare, the upfront time and costs of FDA approval make it hard for the inventor to commercialize a patent quickly. But in most of the world of commerce, 17 years is many lifetimes. The speed of business is faster than at any other time. A shorter period of patent protection should be very doable. Jeff Bezos had some very good suggestions back in 2000 when the 1-click ordering patent controversy broke.

The patent law needs some serious attention from Congress. Otherwise, be prepared to see poorer inventors and richer lawyers.

Indian-Americans and the Spelling Bee conundrum

In the US there is a closely watched annual contest for school kids called the Spelling Bee. Over the years, whenever I have seen the results of a Spelling Bee contest I have always noticed that there were quite a few Indian kids in the final rounds. It seems like other people have also noticed this.

One of my favourite programs on TV is the Daily Show with Jon Stewart on Comedy Central. The program covers current affairs and manages to be both funny and incisive. A few weeks back when President Bush was in India the show covered his trip. Here is a clip from one of those shows (you will need a broadband connection). On the same show there was another segment where Stewart, talking about the US-India nuclear deal, says, "We’ll help India build nuclear reactors if their children stop crushing us in Spelling Bees." He then goes on attribute Indian kids’ spelling prowess to their long names. Sivaramabalamuralikrishnan Aghilandanayagaswami Iyenggar anyone?

I decided to investigate this further. I looked at the top 10 contestants in the Spelling Bee contest from 2001 to 2005. Since the contest has elimination rounds, I had to take more than 10 contestants when they were tied for positions. Of the  59 kids, including repeat participants, who made it to the final rounds in these  years, 12 had Indian names. Or roughly 20%.

So I then went to Wikipedia and looked at their entry on Indian-Americans. According to Wikipedia, there are 2.4 million Indian-Americans in the US, or just 0.8% of the population of the United States. Well that doesn’t compute, I thought. I then normalized for the college educated section of the population. According to the US Census 28% of the US adult population has a college degree. According to the same Wikipedia entry 64% of the Indian-American population is college educated. So college educated Indians are 1.8% of the total college educated population in the US. That is still a far cry from 20%. Clearly demographics don’t even begin to explain the Spelling Bee conundrum.

There are some other reasons that could explain this difference but in my opinion don’t do it adequately. The college educated Indian immigrant population is not a random sample from the college educated population of India. They represent the cream of the crop. I would have said ‘immigrant vigour’ was another contributing factor, but then America is a land of immigrants, so that doesn’t count.

How do you explain this mystery? Do Indian genes or the Indian family environment predispose us to be good at rule-based logical tasks (spelling bee contests are all about spelling rules and not about memorizing wayward English word spellings)? Does that explain the success of the Indian computer programmer as well?

I can’t say that I know the answers to these questions. All I know is that I would like Spelling Bee to be included as an Olympic sport. It would be nice to get a gold medal for a change.