Fine print: A Miami actress paid $100 for headshots, not realizing the photographer’s contract let him sell them as stock images — which is how she wound up on the cover of the erotic novel His Big Childhood Sweetheart.
In today’s email:
John Deere: She thinks my tractor’s… too expensive to repair.
Chart: What’s up with livestream shopping?
Data for sale: Mental health apps may be selling your data.
Around the Web: A Wikipedia for mysteries, an AI-powered map generator, a tiny 3D printer, and more cool internet finds.
🎧 On the go? Listen to today’s podcast to hear Jacob and Juliet discuss livestream shopping in China, John Deere’s right-to-repair saga, Roblox’s big numbers, and more.
The big idea
John Deere vs. farmers, explained
Farmers are gaining ground against John Deere’s strict repair rules in a key right-to-repair battle.
2023-02-16T00:00:00Z
Juliet Bennett Ryla
Right to Repair advocates believe consumers should be able to repair things they purchased, either themselves or at the repair shop they choose.
It’s infamously been an issue with Apple, but a yearslong battle with agricultural equipment manufacturer John Deere.
John Deere…
… is an agricultural heavy hitter, holding 53% of the tractor market in the US. But for years, farmers have anguished over getting their machines repaired.
Deere forces farmers to go to dealerships by restricting access to tools and documentation, and employing software locks only dealers can disable.
They charge up to $150/hour, and one farmer toldNPR that repairs can take weeks.
Then came a lawsuit
In early 2022, a North Dakota farm filed a class-action lawsuit accusing John Deere of violating antitrust laws, and reaping profits while harming farmers.
Company filings show Deere’s repair business is 3x-6x more profitable than equipment sales, perBloomberg.
In 2020, Deere told investors that parts and maintenance services made up ~20% of sales.
Now, the Department of Justice has weighed in on the lawsuit, offering a statement of interest siding with the farmers, perAgWeb.
The DOJ said:
It doesn’t buy Deere’s assertion that a competitive tractor market equals a competitive repair market, citing a 1992 Supreme Court ruling against Kodak’s attempt to restrict copy machine repairs.
Many farms have gone bankrupt since 2014, and Deere’s practices increase financial pressures on farmers.
The court will make the final decision, but statements of interest can have an impact, perVice.
Meanwhile…
…John Deere signed an agreement with lobbying group the American Farm Bureau Federation (AFBF) promising to allow third-party repairs last month.
Deere noted it might withdraw from the agreement if state or federal legislation passed, which some critics viewed as an attempt to prevent it, perNPR.
But it’s already happening: Colorado is considering a law that would fine companies $20k per violation, and similar bills have been introduced in Congress.
TRENDING
Apparently we hate surprises: Netflix dropped its “Surprise Me” button — meant to help solve the eternal streaming-era struggle of choosing what to watch — due to low use.
SNIPPETS
Google CEO Sundar Pichai told employees to spend time testing out its ChatGPT competitor Bard in an email. “Some of our most successful products were not first to market,” Pichai wrote.
At Twitter: After reportedly demanding engineers modify the platform to artificially boost his tweets, CEO Elon Musk said he’s hoping to find someone else to run the company by year-end.
Roblox reported $899.4m in Q4 revenue (+17% YoY) and 58.8m average daily users (+19% YoY). Shares bumped 26% on the news.
iPhold: This week, Apple was awarded a patent that includes drawings of a foldable device with a wraparound screen — but don’t expect to buy one anytime soon, analysts say.
Charge! The White House highlighted progress toward reaching 500k EV chargers in the US, including Tesla’s plans to double its US network of Superchargers and open some up to non-Tesla EVs.
Rough Tuesday. Home goods retailer Tuesday Morning filed for Chapter 11 bankruptcy, on Tuesday, which it also did in 2020, as consumers buy less amid inflation woes.
Patience, patience… Apple reportedly pushed back the debut of its mixed-reality headset from April to June after testing found some technical issues.
Shake Shack will pay $20k to settle a former California employee’s complaint that he was misgendered and harassed by co-workers.
A record 42% of desk workers recently surveyed by Future Forum reported feeling burned out. Something tells us toggling between sites ~1.2k times each day isn’t helping.
Kansas City Chiefs coach Andy Reidprobably still smells like Gatorade from his post-victory Gatorade shower. This quick clip breaks down how Gatorade made its first big splash.
FROM THE BLOG
A company is nothing without clear, effective communication. Maintaining a productive workforce, improving alignment, and ensuring employee satisfaction all hinge on collaborative communication. Here’s how to master it.
Story
Olivia Heller
What’s up with livestream shopping?
The West has yet to recreate China’s success in the space.
2023-02-16T00:00:00Z
Jacob Cohen
In China, livestream shopping — when influencers sell goods through streaming platforms — is a huge business:
The industry had an estimated market size of $500B in 2022.
In just half an hour during China’s 2020 Singles’ Day shopping festival, livestream platform Taobao processed $7.5B in transactions. During the 2021 event, one social media personality (Viya) single-handedly pushed $1B worth of product.
There are literally boot camps to train for a career in the field.
In the United States, however, chances are you’ve never watched such a livestream, according to data obtained by CNBC.
Now, it appears, those chances may shrink further with Instagram announcing plans to shut down its live shopping feature.
The move underlines some struggles livestream shopping has faced in Western markets. Beyond Instagram, Meta dropped live shopping from Facebook in October, and TikTok’s live shopping tests have reportedly seen mixed results.
Still, while the West has yet to replicate China’s success — with TikTok, Amazon, and YouTube’s continued investment in the space, and live shopping startups like Whatnot raising $485m — the industry may just need some time.
A Duke University study found that data brokers have personal mental health data obtained from apps.
2023-02-16T00:00:00Z
Sara Friedman
If you’ve ever used an app to access mental health care, your personal data could be up for grabs.
A new study from Duke University outlines a shadowy industry built on buying and selling patients’ personal medical data.
Researchers contacted 37 data brokers — companies that collect and sell personal information — and asked for bulk datasets on mental health. Eleven of the brokers agreed.
The data included:
Information that identified health issues (e.g., depression, anxiety, ADHD)
Demographic information (e.g., age, race, net worth, ZIP code)
Details on other ailments (e.g., Alzheimer’s disease, urinary incontinence)
The brokers’ prices ranged from $275 for 5k aggregated mental health records, to $100k/yr. for a data licensing subscription.
Is this legal?
Yup. HIPAA, the law that restricts how doctors and hospitals share Americans’ health data, doesn’t protect health information held elsewhere.
That means apps have free range for distributing user data. And they do:
A 2021 Consumer Reportsinvestigation found that mental health apps shared user data with advertising companies, including Facebook.
Congress has yet to pass regulatory legislation and data brokers spend millions on lobbying efforts.
But health data in the wrong hands can have serious consequences:
Health insurance companies use data brokers to raise rates.
Federal law enforcement officers employ data to pursue undocumented immigrants.
Since Roe v. Wade has been overturned, the buying and selling of health data could endanger those seeking safe abortions.
AROUND THE WEB
𓂀 On this day: In 1923, archaeologist Howard Carter opened the tomb of Egyptian pharaoh King Tutankhamen after a five-year search. Inside was the ruler’s sarcophagus and mummified body, a chariot, and riches.
🤯 That’s cool: Check out the extremely tiny — and functional — 3D printer YouTuber My N Mi built.
📍 Useful: Mapping startup Proxi (we covered them here) built MapsGPT, which uses AI to create fun things-to-do maps based on an activity prompt and location.