The Price of Neglect
Posted on | October 8, 2011 | No Comments
I don’t always agree with Tom Friedman but the guy thinks about important questions and is an active contributor to major economic debates. Lately he has been promoting his new book with Michael Mandelbaum on the American predicament called That Used to be US: How America Fell Behind in the World It Invented and How We Can Come Back. They list the main challenges for America as they see it:
- Globalization
- Information technologies
- National debt
- Patterns of energy usage
I like this interview on Charlie Rose.
Their basic contention is that America is neglecting the basic formula which has made it great. And that is the focus on four aspects of American society that require some collective action:
- Educate people up to the latest developments in science and technology
- Rebuild American infrastructure such as airports, energy, roads, and telecommunications
- Open up immigration to allow the brightest and hardest working to come to America
- Restructure investment capabilities to support innovation and production capabilities
We’ll see if I have more to say on the book after I get some more time to read it. I like their focus on collective action but unfortunately too many Americans believe government investments go to someone besides them. Collective action for them means bailing out Wall Street, providing healthcare benefits for illegal aliens, overpaying government bureaucrats, or providing welfare for people who don’t want to work. And while a case can be made for each of these arguments, we are throwing the baby out with the bathwater, so to speak. This is the real tragedy of our times.
Anthony J. Pennings, PhD has been on the NYU faculty since 2001 teaching digital media, information systems management, and global communications. © ALL RIGHTS RESERVED
The Walt Disney of Japan
Posted on | July 29, 2011 | No Comments
with Justin Restivo
Hayao Miyazaki is one of the most renowned animation creators in the world, known primarily for his classic Japanese feature-length films such as My Neighbor Totoro, Princess Mononoke, Spirited Away and the recent release, Ponyo. He founded the Japanese animation venture, Studio Ghibli. “Ghibli” is the Arabic name for the Mediterranean wind, and refers to Miyazaki’s intention for a wind of change to blow through the Japanese animation industry. Many have come to consider him to be the Walt Disney of Japan because of the memorable animated characters he created and the impact of his films.
Miyazaki was born during World War II in a suburb of Tokyo. He was fascinated with aviation as a child, and loved to draw airplanes as well as trains and automobiles. In high school, he saw the Japan’s first feature length anime film, The Tale of the White Serpent and became interested in the field of animation. Although Miyazaki obtained his college degree in economics, he began working at the Toei Animation Studio as an artist and assistant animator but maintained a strong interest in the industry, becoming the leader of their labor union.
By 1968 Miyazaki became a chief animator and concept artist for Hols: Prince of the Sun directed by Isao Takahata, who he continued to work with for the next few decades. Miyazaki left Toei Animation Studio to direct several episodes of the television show, Lupin III, an action comedy and also worked on several films at A-Pro and Nippon studios. His signature film was the feature length Lupin III: The Castle of Cagliostro which he directed.
He was developing his own oeuvre which were incorporated in his next film Nausicaa, The Valley of the Wind. His was beginning to explore issues of pacifism, feminism, a fascination with flight, and the impact of humans on the environment. Miyazaki was also concerned with exploring the morality of his characters and particularly his villians, which he infused with ambiguity. He would pursue these themes successfully after he started Studio Ghibli in 1985 with films such as Castle in the Sky, My Neighbor Totoro, Kiki’s Delivery Service and Porco Rosso. A major achievement came in 1997 with Princess Mononoke, which became Japan’s highest grossing film of all time was the first animated film to win Japan’s equivalent of “Best Picture” award.
This relationship brought global fame to Studio Ghibli as Miyazaki’s films were developing a fan base in the West. Spirited Away won ”Best Animated Feature” at the 2002 American Academy Awards and eventually surpassed Princess Mononoke‘s box office totals while Ponyo is reaching even higher levels of acclaim and revenue as the distribution partnership with Disney continues.
Anthony J. Pennings, PhD has been on the NYU faculty since 2001 teaching digital media, information systems management, and global communications. © ALL RIGHTS RESERVED
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Tags: Hayao Miyazaki > My Neighbor Totoro > Princess Mononoke > Spirited Away > Studio Ghibli
Electric Money Never Sleeps
Posted on | June 27, 2011 | No Comments
Money used to sleep a lot. It would nap while waiting for a telex message to go out. It would doze off while waiting for a telephone connection. It would slumber on railroad routes. It would hibernate on transoceanic crossings. By the mid-20th century, money developed insomnia.
Computers and telecommunications were being used together to add a new immediacy to financial transactions. Reuters created a new online facility for international currency trading in the early 1970s, and Bloomberg followed up in the next decade with the “Bloomberg Box” to allow traders to analyze and trade Treasuries and other equities. Geosynchronous satellites and undersea fiber optic cables provided a new technological environment for the movement of money and news. Combined with faster micro-processing capacity, it created new transactional spaces so that money did not have to sleep; it became continuously active. By 2007, electric money was 24/7, and it was global.
I wrote my Masters thesis on international finance and telecommunications deregulation, so I had a lot of interest in two of Oliver Stone’s films: Wall Street (1986) and the recent Wall Street: Money Never Sleeps (2010). In Deregulation and the Telecommunications Structure of Transnationally Integrated Financial Industries, I examined the forces that were transforming the technological infrastructure for banking, currencies, derivatives and other financial activities. These financial industries have been a major driver of computerization and communications technologies since the 1970s. Consequently, emergent financial technologies have transformed the spatial and temporal limitations on OTC (over-the-counter) transactions and bypassed the barriers to international data communications and the flows of information and money.
These developments that led to money’s insomnia provide the backdrop for Stone’s Wall Street: Money Never Sleeps (2010). This film is not as enjoyable as his classic Wall Street (1986) that I argued used the icons of a gangster film moved from New York City’s outer boroughs to the heart of its official economy. In “Figuring Criminality in Oliver Stone’s Wall Street” I examined both the iconographics that Stone uses to dramatize his morality tale as well as the dynamics of the new era of global electronic finance.
In this latest film, Michael Douglas revives his role as Gordon Gekko, but he is no longer the “Master of the Universe,” pontificating the “greed is good” mantra. He emerges from jail in the beginning of the movie to find instead that his universe is a lonely one, having lost his wife to divorce, his son to drugs, and the affections of his only child, a daughter named Winnie, to Jake Moore, a young trader. Jake works at a venerable Wall Street company caught up in the credit crisis. Played by Shia Labeouf, he seems to lack Charlie Sheen’s Adonis DNA, but the comparison is unfair. More palpable is his character’s lack of depth emanating from the dramatic and narrative limitations of the story.
It’s clear that the story that Stone wanted to tell was the one about the financial crash and the resultant “Great Recession,” so that is the direction I’m going here. The story is personal for Stone whose father was a stockbroker on Wall Street and Wall Street the film series has been his main vehicle to grapple with this issue. But Wall Street has changed a lot since Stone’s father was a broker in the 1960s. He might have seen the automation crisis that accompanied the turn of that decade, but not likely the financial derivatives phenomenon that started in Chicago during the 1970s and began to take hold on Wall Street in the 1980s.
What drove the derivative markets were the combination of algorithms such as the Black-Scholes equation and microprocessing power that enabled quick calculations on the trading floors. But even the exchanges notable for their frenetic energy and strange hand signals are seeing their demise as online trading platforms replaced the face-to-face “open outcry” trading floors. Soon, traders spent most of their time behind desks, coolly scanning economic data and trading trends while setting up parameters for automated trades.
By the 1990s, automated systems merged with hedge funds to trade a global buffet of new electronic instruments. The new hedging strategies not only exploited the global diversity of financial trades from developed and emerging markets, their risk models depended on them. “Dynamic hedging” was based on the capability to trade anywhere and all the time. Money truly never slept.
Most notable of the new hedge funds was Long-term Capital Management, the Greenwich, Connecticut-based financial firm that John Meriwether, the famed bond trader from Salomon Brothers, put together with 2 Nobel Prize winners and 80 founding members putting up the minimum investment of $10 million. LTCM’s computerized trades made good money for three years before the “Asian Contagion” and the collapse of the Russian market in 1998 sparked a major disturbance in the global markets that their systems hadn’t anticipated. When Russia defaulted on its debt in August of that year, LTCM lost billions and put a trillion dollars of trading at risk throughout the world. The subsequent global flight to US treasuries and the tech markets destroyed LTCM and nearly brought down the US financial system.
This Frontline video called Money, Power, and Wall Street provides an interesting historical analysis.
Oliver Stone’s Wall Street: Money Never Sleep picks up the story and addresses the financial crisis of 2007-2008. One could say it started with the securitization of student loans for college students in the 1980s, accelerated in the 1990s when Freddie Mac and Ginnie Mae used these techniques for home mortgages, and turned a major fiasco when Wall Street began to package mortgage-backed securities into collateralized debt obligations (CDOs) for global distribution. The low-interest rates set by the Federal Reserve Bank that was trying to recover from successive “dot-com,” 9/11, and telecom crashes set off the housing bubble that was fueled by this securitization process.
As in any bubble, people leaped in to buy lest they are left out. Add to this ratings agencies that were paid for their evaluations by the over-leveraged banks and the credit default swaps set up as insurance policies on futile instruments and you have the recipe for the greatest financial disaster since the Great Depression.
Citation APA (7th Edition)
Pennings, A.J. (2011, Jun 27) Electric Money Never Sleeps. apennings.com https://apennings.com/dystopian-economies/electric-money-never-sleeps-2/
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Anthony J. Pennings, PhD was on the NYU faculty since 2001 teaching digital media, information systems management, and global economics. © ALL RIGHTS RESERVED
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Tags: Black-Scholes > Bloomberg box > collateralized debt obligations (CDOs) > Deregulation and the Telecommunications Structure of Transnationally Integrated Financial Industries > Figuring Criminality in Oliver Stone’s Wall Street > Gordon Gekko > Great Recession > securitization > Wall Street: Money Never Sleep
Online Media Business Models: The Intercontinental Interview
Posted on | June 25, 2011 | No Comments
Recently I was contacted by Stanislav Serdyukov, a second year Master’s program “Media Management” student in Moscow, Russia at the School of Business and Political Journalism at National Research University – Higher School of Economics. He is working on the master’s project with the theme “The Online Media Business Models and their Transformations” and wanted to ask me some questions about online media business models.
Q. What factors cause the origin of new online media business models?
I think the simple answers are technology and customer expectations. Media consumers are busy and they want their content where and when they want it. Digital technology has disrupted traditional media models and the empowered the media consumer – so far. One way to start thinking about this topic is by reflecting on Nielsen’s 3 screen strategy. The venerable ratings agency is now tracking attentive eyeballs on PCs and mobile phones as well as televisions. These viewing options expanded the time and place of viewing media and challenge the traditional media models and in the process they have created a more demanding media customer. Having said that though I think innovation is driving these services, creating new services customers didn’t even know they wanted, creating a “cool” factor when unanticipated new apps, technology and services are released, literally “blowing people’s minds”.
Q. How can online media firms renew their business model in the dynamic media industry?
From the business perspective it’s all about competitive advantage, something that has been hard to obtain in the web world. How can a company create or utilize barriers to entry to keep other companies from competing with them?
It is unfortunate in many ways, but the “app” is a vehicle to reduce competition on the Internet. How many apps do you have on your Droid X? On your iPad? When you are mobile you generally look to reduce your options so the apps are convenient. How many apps do you actually use? Compare that to the links you interact with when you get on your PC or MacBook at home.
Mobile devices are quite small for the web model – physically. How much space do you have smartphone? How small do you want the icons to be? How long is your thumb? The app will capture customers by limiting their options like the web never could. I’m sorry to say.
3. What are the future challenges for the online media business models?
I think money, people making payments, is a real issue. As is a related issue, security. Companies that tie in customers with comfortable payment systems like Amazon and Netflix have real advantages. People love the advantages of e-commerce and the social media aspects of the web, but are extremely wary of identity theft, fraud, malware and other problems that come with giving up personal information and making purchases over the Internet.
All this discussion about “free” is useful too. Free has always been an important model for the broadcast industry in that advertisers picked up the costs of production and distribution. Interesting that Netflix has challenged that model with a subscription model – remember that cable television started off in the US promising an ad-free environment. Now you have pay the subscription fee and suffer the ads. Cable has managed to maintain some key sources of competitive advantage: government protection, customer captivity, and fixed costs such as their huge investments in the network infrastructure. Media industries will have to continue to figure that calculus between ads and subscription prices. The higher the subscription costs, the lower the customer base, and the less interested advertisers will be. Its interesting to the see the New York Times has had some success with their new subscription model but other newspapers may not have the base of high income readers that don’t know how (or care) to clear their cookie cache. Media firms, particularly, news organizations need to come to grips with ads and economics of the Internet.
The “freemium” model is popular now and it makes a lot of sense. Sites build up a large customer base by offering a free service and then offer a premium service at a price. Picture sites are good at this, Flickr provides free storage services to the general public and makes money by offering advanced services to more serious photographers for a price. I noticed Skype is aggressively trying to move people into the premium paid services after their purchase by Microsoft last month as is Linkedin, after its recent IPO. Another strategy is to offer something free and then sell other products to produce a revenue stream. Fotki.com, another picture site, makes money by selling products like coffee cups, mousepads, and refrigerator magnets customized with user images along with traditional images used for framing.
4. What online media business models will be efficient during next five years?
Content continues to be overrated. Anytime you can get someone else to produce your content you are ahead of the game. Content is expensive and extremely interchangeable. Digital cameras, mobile camcorders are providing a lot of useful “user-generated” content and of course anytime you do a search you are producing statistical content that companies like Google are increasingly able to monetize. Just because you are not paying for something, it doesn’t mean someone is not making money from your online activities.
Syndication is also an important dynamic to consider. The process has been around for awhile. Think cartoons in your local paper. But it is particularly effective in an online environment. Think RSS feeds. Syndication is basically selling the same thing again and again. Hard to do with a car and hamburgers but possible with digital processes and products where the costs of reproduction and distribution are nil.
It’s hard to think 5 years into the future, but it’s clear one trend is that consumers are putting the ‘commune” back into communication. I’m talking about social media here. This is working itself out in three ways. One is that they want to interact with content, question it, explore it further, and add to it. Shopping is a much richer experience now due to all the information and reviews you can access online. Much better in many cases than dealing with a pushy salesperson, if you can track one down. Second, consumers want to share the media content with others. By sharing they express themselves and construct an identity. Facebook as been great for this. People are sharing their intimate photos, revealing their links with other people, and attaching media content that they find interesting. Mimetic desire is an important factor here. That is a theory of desire that recognizes that people develop interests based on the interests of people they are interested in. Third, they want to connect with people who share the same interest and interact with them. Whether it is organized around a football team, a pop singer, or a political cause, people are interested in being part of a community that shares the same meanings, goals, and values.
Anthony J. Pennings, PhD has been on the NYU faculty since 2001 teaching digital media, information systems management, and global communications. © ALL RIGHTS RESERVED
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Smith Effect III: Adam Smith, the Census Machine, and the Beginnings of IBM
Posted on | June 20, 2011 | No Comments
This is the third in a three part exploration of Adam Smith and how his ideas laid the foundation for information technology (IT). Here I specifically explore connections between his theories and the formation of IBM which last week celebrated its 100th birthday.
This post further develops the thesis that Adam Smith’s new conception of wealth set the foundation for modern information practices and calculating technologies. The premise of this section is that the new system of economic understanding engendered by Adam Smith, the Scottish philosopher and author of the Wealth of Nations (1776), laid an important intellectual foundation for modern information technologies.
Smith contended that the wealth of a nation lay not in the riches gathered by the monarch but rather in the enterprise and productivity of the population. This had the effect of helping to transform a system of calculation, “political arithmatik,” designed to tally the wealth of the sovereign, into statistics (“state-tistics”), a system of measuring a wide range of economic and social activities.
Smith is mainly known for his notion of the “invisible hand” – God’s infusion of the world with a regulatory system based on individual human desiring. However, his reconceptualization of governmental wealth reverberated through time to stimulate the development of information technologies.
This “Smith Effect” grew in importance, especially as modern computerized bureaucracies emerged and “electronic” monetary policy became heavily reliant on the surveying capacity of modern statistical techniques. Smith, while generally accredited with ideas used to argue for the limitation of the state, also set the foundations for modern bureaucratic states and extensive surveillance systems dependent on information technologies.
This new direction in governmental activities led to continual interest and innovations in mechanical calculations and statistical measurements.
Consequently, it can be argued that the Smith effect resulted in Herman Hollerith’s tabulating machines, created for the 1890 US Census. These technologies eventually became the foundational product that led to the formation of International Business Machines (IBM). The Constitutional Convention of 1787 mandated the counting of Americans every ten years.
Still, by the late 19th century the American population had increased to the point where calculations were nearly impossible to compute using non-mechanical means. Immigration surged after the Civil War, and the whole idea of census-taking nearly became obsolete because of the complexity of the task. By the time one census was finished, it was almost time to do the next one.
Hollerith’s machine became an immediate success and prospered mainly due to the process of “Morganization” occurring in major companies at the time. J.P. Morgan was consolidating several similar companies under names such as AT&T, General Electric, New York Central Railroad, and US Steel. These companies had significant data processing needs that required the telegraph for transmitting information from various locations to tabulating machines that would aggregate information for reports to upper management.
Failing in health, Hollerith sold his business to Charles Flint in 1911. Flint merged the enterprise with two other companies to form the Computing Tabulating Recording Corporation. IBM celebrated this merger as its centennial marker in 2011.
CTR changed its name to International Business Machines (IBM) in 1924 after it purchased German tabulating firm Deutsche Hollerith Maschinen Groupe (Dehomag). Under the leadership of former NCR and indicted supersalesmen, Thomas Watson, IBM expanded to other countries interested in tallying their own populations. In the 1920s and 1930s, IBM began to comb the world, selling its tabulating machines and personalized census services to countries like Russia and Nazi Germany. The punch-card tabulating systems were then generalized for a wide range of commercial and government purposes, including monitoring racial politics as well as parts management for the Luftewaffe, Germany’s air force.
In the US, IBM got the Social Security contract that supported them through the Great Depression. Former IBM salesman Ross Perot would follow that model by getting Medicare contracts to help build his company EDS. It was the son, Thomas Watson, Jr., who guided IBM into the electronic computer age during the Cold War.
Citation APA (7th Edition)
Pennings, A.J. (2011, June 20). Smith Effect III: Adam Smith, the Census Machine, and the Beginnings of IBM. apennings.com. https://apennings.com/dystopian-economies/adam-smith-the-census-machine-and-beginnings-of-ibm/
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Tags: Adam Smith > Census Bureau > Constitutional Convention of 1787 > Herman Hollerith > IBM > International Business Machines > Nazi Germany > punch-card tabulating machines > Social Security Act > state-tistics > Tabulating Machine Company > The Wealth of Nations
All Watched Over by Machines of Loving Grace – The Poem
Posted on | June 19, 2011 | No Comments
I’m following and commenting on the BBC documentary series All Watched Over by Machines of Loving Grace by Adam Curtis. So, I wanted to post the actual poem and reading by American poet Richard Brautigan.
I think it beautifully textualizes the early utopian vision of computers and nature working in harmony to provide a stable ecosystem for humans and other forms of life on what Buckminster Fuller refers to in the second episode as “Spaceship Earth.”
I don’t hold out a lot of hope for utopian ideas and actually spent some of my PhD dissertation critiquing both utopianism and dystopianism, but I find this series thought-provoking and worth some time. Here is the poem “All Watched Over by Machines of Loving Grace.”
“I like to think (and
the sooner the better!)
of a cybernetic meadow
where mammals and computers
live together in mutually
programming harmony
like pure water
touching clear sky.
I like to think
(right now, please!)
of a cybernetic forest
filled with pines and electronics
where deer stroll peacefully
past computers
as if they were flowers
with spinning blossoms.
I like to think
(it has to be!)
of a cybernetic ecology
where we are free of our labors
and joined back to nature,
returned to our mammal
brothers and sisters,
and all watched over
by machines of loving grace.”
— Richard Brautigan – All Watched Over by Machines of Loving Grace (1967) [1]
And read in his original voice:
Citation APA (7th Edition)
Pennings, A.J. (2011, Jun 19) All Watched Over by Machines of Loving Grace – The Poem. apennings.com https://apennings.com/how-it-came-to-rule-the-world/all-watched-over-by-machines-of-loving-grace-the-poem/
Notes
[1] Transcript of the poem from Chris Hunt’s blog
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Tags: Adam Curtis > All Watched Over by Machines of Loving Grace > Buckminster Fuller > Richard Brautigan > Spaceship Earth
All Watched Over by Heroes of Loving Grace
Posted on | June 12, 2011 | No Comments
I’m working on my manuscript How IT Came to Rule the World this summer so not surprisingly I took an interest in the recent BBC documentary by Adam Curtis called All Watched Over by Machines of Loving Grace, named after American poet Richard Brautigan’s publication of the same name. The title poem was written in 1967 while he was a poet-in-residence at the California Institute of Technology. It reflects on the Utopian possibilities of a society where the advancements in cybernetic technology leads to a world where the need for human labor is diminished, and the Earth returns a state of nature that is balanced with the demands of its human population.
I was intrigued with “Episode One – Love and Power,” which starts with exploring Ayn Rand and her influence on the rise of computer and financial technology during the 1980s and 1990s. Rand was the author of two novels, The Fountainhead (1943) and Atlas Shrugged (1957) which presented her theories known as objectivism. This philosophy stresses heroic individualism, human rationality, and free-market capitalism. I can’t say I’m a Randian (if that is what they call themselves), but this does fit in with my understanding that the Cold War produced many technological innovations ripe for entrepreneurial commercialization in the late 1970s and early 1980s.
The documentary uses Rand to explore the motivations of financiers and entrepreneurs, many of whom claimed to be inspired by her books. Adam Curtis takes particular delight in the story of Alan Greenspan, an early devotee of Rand, who became the “most powerful man in the world” as the Federal Reserve Chairman from 1987 to 2006. Notable was his speech on December 5, 1996, in which he expressed his concerns about “irrational exuberance” when the DJIA stock market went over 6,000 and his subsequent dismissal of this concern. Greenspan quickly embraced the stock market and guided it to over 11,000 before he retired. Also mentioned is his embrace of the “new economy” during the dot.com bubble of the late 1990s. This process included the globalization of financial markets that led to the Asian contagion and the promise of the electronic securitization environment for mortgages that led to the credit crisis of 2008.
Missing from the Alan Curtis analysis, though, is the larger social context of the time. By the late 1970s, the counter-cultural reaction to “The Establishment” of the “Nifty Fifty” corporations and their complicity in the Vietnam War and what President Eisenhower called the “military-industrial complex” was morphing into a new critique of big government “Liberalism.” Many believed that the US was becoming a “Welfare State” that was redistributing not only wealth, but also opportunity and privilege. These tensions were even more evident in Curtis’ England, which, in the wake of their imperial demise and impoverishment during World War I and II, nationalized their major industries, entrenched their labor unions, and implemented wage and price controls to fight off the inflation of the 1970s.
What emerged was a new cultural era of self-based “heroic” philosophies espoused by a divergent group of proponents. These included authors such as Rand and George Gilder (Wealth and Poverty); (Wealth and Poverty); economists such as Arthur Laffer, who championed supply-side economics, and Milton Friedman of the Chicago School; and self-help gurus such as Scientology’s L. Ron Hubbard, est’s Werner Erhard, and fire-walker Tony Robbins. Even heroic popular culture icons in Star Wars and the Superman movies helped characterize the new era.
By the 1980s, political operatives such as Keith Joseph and Margaret Thatcher in England and Ronald Reagan in the US benefited from this trend. Each affirmed heroic entrepreneurial action and sanctioned the market-based capitalism that helped commercialize the fruits of the Cold War into the computers, data networks, and satellites of the new digital age – the machines of loving grace?
The loss of collective responsibility did not come without its consequences. The excessive focus on individualism and the rejection of public solutions led to a tragic underinvestment in public infrastructure, including education. It created a tax structure that encouraged exporting jobs and industries to unregulated and exploitative markets. It capitulated in the deregulation of financial markets, leading to destructive asset bubbles and endangered democratic prospects by enhancing class divisions and reducing the viability of the middle class.
Citation APA (7th Edition)
Pennings, A.J. (2011, Jun 12). All Watched Over by Heroes of Loving Grace. apennings.com https://apennings.com/how-it-came-to-rule-the-world/all-watched-over-by-heroes-of-loving-grace/
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Tags: All Watched Over by Machines of Loving Grace > Ayn Rand > George Gilder > How IT Came to Rule the World > Richard Brautigan > Werner Erhard
Setting Up Your IT/Media Enterprise as an LLC
Posted on | June 9, 2011 | No Comments
First off, I am neither an accountant nor an attorney so by all means obtain proper counsel for setting up your business.
That said, I’m often asked about setting up a company and wanted to point out some options and things to think about when starting up your business. In particular, you should look at the benefits of setting it up as a limited liability company (LLC).
The major options for creating a company are a sole proprietorship, partnership, and corporation, although an interesting legal option is the limited liability company. Although not recognized by the Federal government for tax purposes, this valid legal form combines some benefits of a corporation, particularly the limited liability, with the more manageable aspects of the partnership or sole ownership. Note, it is a company, not a corporation, and it can be used for non-profit status but presents a few challenges tax-wise.
You can go to one of the many online services to set up your LLC. For example LegalZoom will allow you to form your company over the Internet and charter it in most any state including Delaware, a popular “location” due to its history of corporate law. They will prepare and also file your paperwork with Delaware’s Division of Corporations.
This would include the Articles of Organization that lists the name of the company (must include LLC abbreviated or written out), mailing address, duration (perpetual or for a set amount of time) , state location (ie Delaware), organization and management structure, initial contributions, etc. They may also assist in conducting a name search, establishing a trademark, getting a tax ID, and even filing for a patent.
Once your articles of organization have been successfully filed, your LLC begins its existence as a legal business entity. One of the first things you need to do is to get a bank account. For that you will need your articles of organization that proves you have a business license, the tax identification number (or EIN number) and the authorized members of the LLC. You might want to talk to a banker first, they can get probably advise and get you a Tax ID for free (vs. $75 at LegalZoom)
Something you must think seriously about is an Operating Agreement. This is not required by the state but is one of the most important steps in maintaining your liability protection, preventing disagreements between the members, and raising additional capital. An operating agreement specifies members’ ownership percentages, the members’ draw or salary, bonus distributions, and any privileges or enhanced ownership rights given to any members. The management plan should also include the duties, rights, and responsibilities of non-members employees.
Anthony J. Pennings, PhD has been on the NYU faculty since 2001 teaching digital media, information systems management, and global communications. © ALL RIGHTS RESERVED
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