Amazon scooped up data from its own sellers to launch competing products
wsj.com
wsj.com
I'm not sure that Amazon would be able to pierce the veil of the hypervisor like that, but his instincts were in the correct direction.
Equal protection or application of computer crime law (perhaps, any law) in the USA is a fiction. It would be practically illegal to invent and run a web spider today, for instance, if they didn’t already exist as a concept. (France recently decided this was true for news link aggregation; Google must pay the newspapers for reproducing their headlines. I’m glad hosted RSS readers aren’t outlawed so far, but under these sorts of restrictive legal interpretations you could see how they might be. Google doing AMP, of course, gets a free pass.)
If you don’t believe me about the web spider thing, try making a complete download of Twitter for the purpose of making a tweet search index and see if you get to continue owning your house. (My theory is that Clearview is allowed to do it for Instagram because they’re using the database to provide services to law enforcement/military, so those groups want it to continue to exist free of prosecution.)
Bummer that actively collaborating with violent types like pigs and military seems to be the only way to avoid jail if you want to build large novel data systems with interesting public datasets today. This sort of freedom to experiment with new/neat algorithms over published documents got us Google; today these same companies will get you raided if you dare download/index their data. (Facebook’s idea famously started out scraping public yearbook photos. Try scraping Facebook now.)
one small counterpoint: https://www.eff.org/deeplinks/2019/09/victory-ruling-hiq-v-l...
RIP aaronsw
Now, indiscriminate access to your content might violate whatever commitments Amazon made to you in their terms of service; I have not read them for a long time and can't remember what the language is specifically. But that would not be a matter for the FBI.
AWS terms do not assign their customers any rights to any physical computer. And the AWS customer agreement gives Amazon the authority to access your data for certain purposes.
I'm not sure I've ever heard of anyone prosecuted under the CFAA for accessing a computer that they physically own and physically control. AWS is a service, not a computer rental.
> We will not access or use Your Content except as necessary to maintain or provide the Service Offerings, or as necessary to comply with the law or a binding order of a governmental body.
The CFAA uses wording like "exceeds authorized access", which Amazon would absolutely be guilty of if they went into your database to spy on your product listings.
If they could go after Aaron Swartz for using authorized access in an unauthorized way, it seems likely it could be applied here.
Would a judge accept that argument? From me? No. From the lawyers Amazon can afford? I wouldn't be comfortable betting either way.
In this case, Amazon fully owns, possesses, and operates the "protected computer".
You'd have to successfully argue that Amazon fraudulently accessed their own computer. It might be possible, but I'm guessing it'd be a first.
The difference in Aaron's case is huge: he didn't own the computers that hosted JSTOR.
> The difference in Aaron's case is huge: he didn't own the computers that hosted JSTOR.
His access was authorized, though. They still threw CFAA at him.
You have to "exceed authorized access to a protected computer"
The CFAA is not a data protection law. It is a computer protection law.
> In practice, any ordinary computer has come under the jurisdiction of the law, including cellphones, due to the interstate nature of most Internet communication.
Maybe it is possible, but the consequences to answering 'yes' to this is pretty scary.
If I'm renting an apartment, my landlord can't install a camera in the bathroom, even if they're the owner of the building.
Ownership doesn't change the fact that the law says "exceeds authorized access". Amazon agrees to only access the computer I'm renting from them in very specific scenarios. If they violate that, it looks like a pretty clear CFAA violation.
> Amazon agrees to only access the computer I'm renting from them in very specific scenarios.
AWS provides compute services, they do not rent computers. They make this clear in their terms.
They demonstrate that legal ownership is not the same as the legal right to do whatever you want with what you own.
> AWS provides compute services, they do not rent computers. They make this clear in their terms.
Good luck hoodwinking a judge with that argument.
Which one do you rent?
Where is your rental agreement?
When did you first take possession?
If they say they won't read your data, better trust them. If you don't, stay away from their datacenters.
EDIT: fix typo.
This is 100% true. To do any useful computation on your data (read, what you're using all AWS for) they have to have 100% visibility into your data.
> If they say they won't read your data, better trust them. If you don't, stay away from their datacenters.
That's it, right there. All of this is based on Trust in Amazon, not some technology that provides any assurances, much less proof, they're not looking at your data.
They can pull the curtain off anything you're running in their cloud, at any time they feel like it. It has to work this way for AWS to be of any use, and by using AWS you're implicitly trusting Amazon with your data.
Similarly, if you're presenting externally, it's a good idea to close open applications that are not relevant to prevent info leaks from Alt-Tabbing.
Actually having a competitor pay someone to come into your office to pick locks etc. is rare, comes with criminal liability and is easily detectable on security cameras.
Then again, compared to the average bear, maybe I'm unusually circumspect when it comes to all of those things.
If for example I'm fully on amazon AWS for everything, DNS/DB/Web then no matter how encrypted your data is Amazon still has a very good idea of the effectiveness of your campaign. You can't hide the number of DNS queries. You can't hide the number of TCP SYNs. Hell, there is just a huge amount of things that encryption does not cover up, especially involving time for particular transactions to occur.
Amazon, if they wanted, could read stats from Netflix’s database about which movies drive the most engagement and use that to determine what to license for Prime video.
It’s the difference between root on the server and capturing encrypted packets on a network.
How else do you think "closed-loop" measurement of marketing effectiveness, and retargeting based on purchase behavior are done? How else do you think suppliers can pull a D&B report on your company showing your bank account balances?
A valuable if painful lesson to learn. I still do all my personal banking with a credit union and consider my relationship with banks to be adversarial. They only own my debt, never my cash.
Is that an exaggeration? It amounts to $100 or $50 a month in "low balance fee"!
All the banks I've looked at had a fee under $10.
How many PayPal horror stories have there been?
For one, banks are far more regulated than Amazon is. If governments funded departments with 10s or 100s of thousands of employees monitoring and regulating cloud computing services, then it might be similar.
But the most significant difference is that if the bank seizes my money, I'll know about it pretty quickly and can respond. If Amazon sniffs through my commercial data, I'm unlikely to ever know. Most people are far more tempted to do wrong if they know if the chances of getting caught are miniscule.
It's the difference between breaking into a Walmart with a ski mask and assault rifle and stealing a bunch of blu rays vs recording the HDMI out from whatever device you stream Netflix from. They're not the same thing at all, either in terms of harm done, applicable criminal law, or ability to build a compelling civil lawsuit.
> If amazon copied all your proprietary data, you would almost certainly never notice, no criminal law would apply, and you'd have a hell of a time proving it in a civil suit.
If Amazon were doing this and profiting from it, that would essentially be a criminal conspiracy that reaches to the leadership of the company. Is it possible? Sure. Is it likely? I tend to think conspiracy theories are rarely true. Would it be caught? I believe it would likely be caught.
Companies get things done by having meetings, informing their hierarchy, and following executive decisions. In what meeting do you imagine this being discussed? Who floats this idea, and who signs off on it? I just don't see it happening. And if it does, I expect whistleblowers to put a stop to it.
Actually, they are quite uncommon, which is why they make headlines when discovered.
I'm not taking a side here, just pointing out a fallacy.
Bezos is making the most money of everyone living. Many of the scandals happen when the founder is retired or dead.
Boeing:
See 737 MAX, other 737 boondoggle like the vertical stabilizer reversal back in 94'ish.
Monsanto, hell, what chemical hasn't hid information they damn well shouldn't:
Dicamba, roundup.. Take your pick. The stellar behavior of this corporate citizen taints cements the stereotype of an entire industry.
https://thecounter.org/dicamba-trial-monsanto-basf-pesticide...
https://www.phillyvoice.com/new-york-times-dupont-hid-decade...
Special mention goes to a certain German pharma company who brought you Thalidomide:
https://en.m.wikipedia.org/wiki/Gr%C3%BCnenthal_GmbH
The lovely folks at Insys:
https://www.nytimes.com/2019/05/02/health/insys-trial-verdic...
Believe there was a fraudulent implant thing a bit ago... Where'd I put that?
https://www.desertsun.com/story/news/health/2014/07/09/south...
Someone beat me to Dieselgate.
Arthur Anderson LLP.
PG&E deliberately skimped on maintenance, leading to fires in California, and if I recall natural gas lines overpressuring in Massachusets?
https://en.wikipedia.org/wiki/Massachusetts_gas_explosions
Excuse me, the natural gas one was Columbia Gas.
Big Tobacco...
Nestle I think getting caught using child labor in their supply chain at one point.
https://www.theguardian.com/global-development-professionals...
Oh what else can I think of off the top of my head? Uhhh...
That's all I can think of for right now. I mean we can hit the history books or case law to get a solid count I suppose, but to be frank, once a company hits a certain revenue point, it is pretty much guaranteed they've had to do something to get dirty/avoid getting outed as dirty.
So it really isn't that unusual. Throw in stuff that happened back before the rise of the Unions of the last century, and since their decline, and you also end up with so.e decent stories of workforce abuse. Though admittedly there's slant depending on who is telling it.
Like the Pinkertons as a matter of fact.
https://en.wikipedia.org/wiki/Pinkerton_%28detective_agency%...
Or the original incarnation of Equifax, who were tasked with vetting prospective executive promotees.
Just because it'sorganized doesn't mean it's doing anyone any favors.
I stand by my statement -- it is rare.
The very least we can say is that company malpractice is more common than it appears, unless 100% of it is reported on.
I know of a case of fraud in oil well lease payouts, someone was stealing a small from a large number of leases and had been doing so for years.
A company auditor caught it. Did they go to the police? No. They paid the guy to leave the company and never talk about it again. The guy might have stolen hundreds of thousands in the process, but the company knew they'd lose millions, just from clients demanding audits going decades back. It was easier and cheaper to cover up and never mention again.
As has been mentioned as well is that governmental/regulatory apparata are typically starved of funding, so must limit their investigation/scrutiny to likely the most obvious cases.
Furthermore, if you've just entered into white collar circles these last few years, you may have been surprised at a tendency to not write things down. This isn't just people not realizing it is a good idea to do so, but a conscious decision in many cases due to eDiscovery, and the effects it has on provability in a court of law.
Pay attention on HN, and you'll get little snippets of other cases of "tribal skeletons" every now and again.
Anyway, by all means, I'm not necessarily arguing against your point; merely stating that given the sample size, and keeping in mind that regulators/the media can only dig up so much muck given limited manpower; it is not prudent to assume there isn't wrongdoing where no one has looked yet. I used to hold the same view you espouse; then I started A)cataloging things and B) noticed how often settlements seem to be applied with no admission of wrong doing.
Absence of evidence does not imply evidence of the non-existence thereof. You just haven't found it yet.
Can't believe I forgot about Wells Fargo, btw. That whole mess.
https://en.wikipedia.org/wiki/Wells_Fargo_account_fraud_scan...
ISP's have been known to falsify their Form 477 data fabricating coverage stats, and overcharging customers:
https://www.cbsnews.com/news/complaints-att-directv-bundled-...
https://www.ripoffreport.com/reports/verizon-wireless/nation...
There's plenty more where that came from with every ISP to be honest.
FTC keeps stats on all enforcement actions apparently. Might be a decent place to start looking to get some solid numbers.
https://www.ftc.gov/enforcement/cases-proceedings/
Mind that that's only the ones. I assume CFPB and other commissions have similar, but do keep in mind they can't be everywhere or investigate everyone. So without stats on how many actions are dropped by prosecutorial/investigator's discretion, it is actually difficult to make really solid claims as to the actual frequency of malfeasance. Further, from my social circle's anecdata, it seems to be a safe bet that just about every organization at least has something in the the way of "muck they've cleaned up after" without getting authorities involved.
Anyway... I've rambled enough.
[0] https://en.wikipedia.org/wiki/Volkswagen_emissions_scandal
main thing here is that in big corps you can divide big (evil) task into smaller steps which could be defined as non-evil in isolation, and nobody in actual implementation people crowd would understand big picture.
For a thought exercise, let's play this out.
Amazon copies data running through VMs (or grabs it from storage).
Let's assume it isn't on hardware certified for capital-letter processing [1], most of which require regular third party audits.
So they have your illegally-obtained data [2], which presumably they want to use to make money.
Except they can't leave any record of its source, in any documented form. This includes server logs, data transfers, emails about data, meeting minutes about data.
So they create some isolated network, run by a third party contractor, that transfers encrypted data from the taps to a store, then decrypts. All of which brings us to the most difficult part.
Who does... what with it?
The source data itself is radioactive. Who knows when "pricing strategy for company X" or obvious equivalent might pop up in the stream?
So you... what? Exclusively touch it via algorithm that outputs only aggregate information? How do you possibly code and maintain that pipeline, sight unseen?
All while risking an incredibly profitable business.
Or, you know, you just operate as an honest IaaS provider and make $10B in revenue / quarter with a 25% growth rate...
The unit could be the "open sales modeling unit" that just supplies one data feed among thousands.
They can certainly take the risk. If crimes only happened when there was a 0% change of getting caught there would be no crime.
I'm ready to watch that movie
That's not true. I surely don't trust banks, but at least they're regulated to the point that they have to come up with some legal pretense for seizing my funds. A bodyguard is ostensibly a person who I've incentivized more than the competition to not harm me, and who I probably form a relationship with over time. None of these things are true of Amazon.
> Stealing data from a customer paying for hosting would be _very_ different, and much more scandalous, than identifying trends on a competitive marketplace and taking advantage of them by launching competing products.
What part of using data that you have on your competitors but they don't have on you, to sell competing products on a platform where you don't have to pay fees but they do, sounds like a competitive marketplace?
This is true, but it doesn't have to be this way [1].
Now things may have changed since then, but I'd imagine it's not yet gotten down to 1.X inefficiency multiplier regardless of the FHE scheme you're using.
(Well, it seems like SGX is insecure right now with all of the CPU vulnerabilities, but in principle it may be fixed in a future generation and be well-suited for this.)
The fact that you wouldn't have to trust your host specifically could have a real decentralizing effect for cloud hosting: people would be able to run stuff on any cloud host without needing to trust them much. If you just wanted compute power and didn't care about strong uptime/connectivity, you could even safely rent cheap VMs on computers of random individuals.
AMD SEV, on the other hand, is exactly that.
As an aside, Amazon competitors like Walmart typically require their suppliers to host data on a platform other than AWS if they want access.
Of course there are other reasons to use physical servers.
There are ways that you can use AWS that Amazon would have no way to access any of your data even if they wanted to.
Is it worth the extra effort and moving already functional servers to do so?
You may trust them not to abuse hypervisor access, but they still have network “meta” data - it could tell them how many transactions clear against credit processors (though not the actual amounts if encrypted), a good idea general distribution of page views With respect to time and user ip (though not the exact pages), times of day, demographics of users (Geo locations and ISPs, for example)
If you don’t trust them not to peek at what they can, don’t use them. He is perfectly right.
There are other cloud providers who aren’t competing with B&H and would be a better choice. But amazon is a direct competitor to B&H, even if they do have an IT barrier - they cross subsidize; any $ paid to Amazon helps it against B&H.
Please explain, as I'd like to know how.
Personally, I wonder if that isn't an emergent property of a lot of people trying to scale at once.
Safe to say they are not on Azure.
Even if their claims are true (which I certainly don’t believe they are), you’d be more likely to get better uptime than EC2 with a small on-prem setup through dumb luck rather than through deliberate planning. Something still has to go wrong for you to have an outage, and you’re more likely to get an incredible lucky streak than you are to outperform their entire AWS infrastructure capability with a few people and half a rack of servers.
2011 April 21 Outage
2011 August 8 Outage
2012 June 29 Service disruption
2012 October 22 Outage
2012 December 24 Outage
2013 September 13 Outage
2014 November 26 Service disruption
2015 September 20 Outage
2016 June 5 Outage
2017 February 28 Outage
2018 March 2 Service degradation
2018 May 31 Outage
And yet, a couple times a year perhaps, we have discussions right here on HN about the latest AWS outage that took down half the Internet.
That's not even considering the potential impact to software development and innovation that we get with commodity cloud services. This is hand-wavy of course but I'd stick to it.
Drop the servers in HA sets of 2-3 nodes across 3-4 regions, anycast your service endpoint from each cluster. The hardest thing to replicate without AWS is the 6-7 figure bills.
If some sanely architected code was all you needed, then you’d expect at least other cloud/IaaS providers to be able to match AWS service levels. Which they can’t, and which some little software shop most certainly cannot either.
In the past, AWS has used the data from third party hosted services on AWS to build a similar service and in fact start poaching their customers.
Source: I used to be at AWS and know the PM & his manager who built a service this way. I was hired on that team.
He wrote this: https://www.nytimes.com/2019/12/15/technology/amazon-aws-clo...
Edit: fixed a typo
You might have a family to protect. A home to maintain, etc. I understand. It's scary. But the world doesn't and cannot change for the better if we let corporations bully us into silence. The world will and does change when brave individuals, with the support of society, stand up and blow the whistle.
But yes, I would be happy to contribute to a support fund to support such individuals.
>But yes, I would be happy to contribute to a support fund to support such individuals.
cool you can start by donating to absolutely any charity in need right now.
The one point of solace is that there's a lot of competition out there for web hosting.
People also forget that Amazon doesn't have to pay to advertise its own products, but 3rd party sellers do. This immediately puts you at a disadvantage if you want your product at the top since you pay seller commission and advertising fees to Amazon. Next time you want to buy something from Amazon, I would encourage you to find the seller's website directly or find them on eBay. eBay charges less seller fees and is not in the business of selling products directly.
Shopify may not be amazon yet, but it is certainly learning to be that way.
Where by FB has no direct incentive, yet. It could be a FB Marketplace PM team someone has already copied Shopify outright and is just waiting for the right time to roll that out to all FB user worldwide.
With Amazon Marketplace the strategy has always been to convert customers off that platform into your own.
Most top listings in most niches/categories are priced for break even inclusive of the multitudes of keyword PPC campaigns they're running with the hope that you leave a review and that you actually pay attention to the little postcard that comes inside the package asking you to register your email address.
Both games suck tbh.
If I pay you to host my site where I sell my products, but you index me into the central sales portal in a bad way, I’ll be pissed. Kind of like restaurants on Seamless.
It comes off as deep rent seeking - instead of helping me succeed, which is the real mission of most of these types of companies, you’re creating an artificially scarce resource (visibility within your central sales index) where now I have to pay you an arbitrary tax just to compete.
Immediately makes customers want to leave.
GoDaddy, Wix and Squarespace couldn't really afford to do it because they aren't e-commerce focused.
This can’t be true, since no matter how you create the central sales channel, some sellers will get preferential treatment in terms of screen placement, appearance in search results, etc. Shopify could not pay the costs of operating and advertising that central channel unless the most successful businesses are placed more prominently and lead to higher conversions of some kind (sellers converting, leading to less churn or more subscribers, etc.). But every Shopify customer will want that - so who gets it? If you do nothing and “the rich get richer” and there’s no way for an outsider to break into the better display rankings of the sales channel, you’ll just alienate customers and see a huge drop in new subscribers. This is often a big problem for ecommerce companies that facilitate online sales portals like Amazon, eBay, Etsy, and even more niche things like Shutterstock.
You either “democratically” allow customers to pay for placement in your central product index, or you force customers to pay via lost business and lost opportunity, which they’ll be embittered by. But there’s no such thing as a “free” way to centrally index across all hosted subscribers.
> “GoDaddy, Wix and Squarespace couldn't really afford to do it because they aren't e-commerce focused.”
I think you are very unfamiliar with the hosting industry. All three of those businesses make the strong majority of revenue from subscribers of ecommerce plans and all three have huge platform offerings and nationwide advertising campaigns targeted specifically at ecommerce customers.
All three of them practically only exist (in terms of revenue) because they are a good hosting option for small businesses that sell online.
How do I know this? 10 years in ecommerce with a different ecomm platform.
https://sellercentral.amazon.com/forums/t/same-price-on-webs...
usually the copy/paste pictures and description are a good giveaway.
Marketplace team can do more if they can build a second class product from the get go.
Last time I bought an item off eBay, it arrived shipped via Amazon Prime. Pretty sure the seller just bought it off Amazon and shipped it to my house... it was a weird turn of events.
It wasn't a branded item, just a third-party battery replacement for a cordless phone, but still.
There was a story in my area a few years ago where people had some sort of scheme to convert Amazon gift cards into cash via EBay.
I say there should be an explicit difference between "running a platform", and "selling on a platform", and never should the two meet. By "platform" here, and in the context of selling stuff online or IRL, I mainly mean that the store should never compete with their suppliers ... it's madness and unethical. If everyone can get a piece of the pie, it makes for a healthier ecosystem. We should want the rising tide to lift more than one boat.
And yes, I believe this should be regulated at the policy level.
This of course has implications for other forms of "platforms", such as operating systems, APIs, and clouds; but I'll leave those discussions for another time ;)
Surely a part of is is placement, but Safeway could put own brand ketchup at the same level (and I think sometimes does) as Heinz and still wouldn’t sell the same volume.
Amazon is clearly getting a big advantage here, I’m just curious about what the underlying dynamics are that allow them to be so much more successful in their context than it seems store brands are in other contexts.
To his company it didn't matter at the end of the day if people bought the brand name or the store brand, it was all the same stuff.
I don't think this singlehandedly explains why Amazon is so unwilling to do anything about their huge counterfeit problem, but it's suspicious that the dilemma resolves in their favor.
We allowed this vertical integration in retail when maybe we shouldn’t. Yeah it shaves some costs, but is probably having a huge effect on supplier diversity and margins. If we’re revisiting the consumer welfare above all doctrine, this seems fair to revisit as well.
I used to work in a big brewery where we made supermarket branded beers. It was the same product in a different can. Actually, the exact same can, with a custom paint job. It was one of the more generic beers, rather than one with a taste associated with one of the well-known premium brands, but there was zero compromise on quality there. What was packaged for the supermarkets was 100% identical to beers with our own company name on it.
It's only the cheapest of the cheap "value" stuff which has been significantly cost reduced and has compromised quality. That's stuff like pastry with a higher water content in place of fats, or substituted ingredients such as palm oil in place of butter etc. In these cases you're paying less, but obviously getting less product for your money. That's its own specialised segment. These are often made by different companies with their own separate supply chains, and possibly living by a different set of ethics... There clearly seems to be a market for this type of thing, but given the reduced nutritional quality and taste, it's not necessarily providing a genuine cost saving.
If you see a product on a Safeway shelf, the company that makes that product already got paid--by Safeway. If Safeway puts a generic ibuprofen bottle next to a bottle of Advil, that's fine with Advil because Advil already got paid! Safeway is assuming the risk that those bottles of Advil might not sell because everyone buys the generic.
Amazon is different--they sell things themselves, but they also offer to run a logistics platform for other folks selling things. Folks who use this platform believe (are led to believe) that they are going to direct to consumers, NOT selling wholesale to Amazon. Amazon purports to be a neutral infrastructure provider, like UPS or Verizon.
Now, you can say that these folks are naive for believing Amazon about their neutrality, but it is what Amazon said! Many of these companies would never have used Amazon for logistics in the first place if Amazon had said "we are going to use all your data to copy your products and go direct-to-consumer ourselves with our copies, including placing them above yours in search results." Who would take that deal?
I think a better argument would be the scale of the data collected by Amazon vs physical stores. But on the other hand, Safeway has an online store where they can collect the same information and if they are anything like Walmart then they also already have startlingly detailed insight into the supply chains and logistics of their suppliers that surely rivals what Amazon sees if you use their warehousing service.
I don't think it makes sense to draw a clear distinction between Amazon generics and Safeway/Walmart generics. It seems like a fuzzy line at best.
Where this gets real distinct is in delivery: Amazon is currently purging its warehouses of stock from thousands of vendors so it can keep stock of Amazon-brand and big box brand alternatives to those same products. (See: https://www.bloomberg.com/news/articles/2019-05-28/amazon-is...) So, the Safeway equivalent of this would be you going down the sugar aisle and finding exactly 1 or 2 bags of competing brands with a note that says, "Hurry! Almost out!", and each bag has 10lb. anchor attached to it. But there's 100 bags of Safeway sugar, and there's a line of employees offering to carry it through the store for you do you don't hurt your terribly sore shoulders...
How would you feel if a Safeway associate slapped a tracking device on you when you walked in the door, and then didn't tell you they were recording everything you thought while you were working your way through the store? That's how Amazon.com works. Oh, and if Safeway could just look at your other recent thoughts and know you fapped about 20 minutes before you walked in the door? That's also Amazon.
Amazon, on the other hand, has allowed duplicates, cheap reproductions and false reviews to proliferate. Now the only way you are assured a product is what it says is if it is an amazon brand.
This is not necessarily true. It's typical to not be paid for anywhere between 30 and 90 days. Additionally, some deals are more complex and depend on actual purchase volume.
https://www.npr.org/transcripts/718711109 https://www.vox.com/2016/11/22/13707022/grocery-store-slotti...
So, Apple would be allowed to vertically integrate and make the chips, hardware, operating system, and applications for their products. But they'd have to stop selling Belkin chargers alongside Apple chargers at apple.com, and the iOS app store would have to contain either only Apple apps and no third-party ones or vice versa.
If it is possible to create a so-called firewall [0] within banks to avoid unfair advantage via insider trading, it is possible to create a firewall between the platform and seller divisions withing Amazon for a similar effect.
If a firewall can be implemented, fine, but I don’t see any great loss if we were to restrict the growth of a trillion-dollar company.
But why? Nobody is forcing you to use AWS, there in fact heaps of similar services around which at first glance don't share have said problem.
"Nobody is forcing you" misses the point.
I agree a diverse marketplace is a healthy one, and that requires intervention since clearly the initial rules are not enough. Some like to pretend that free markets are only negatively impacted by regulation, and only positively impacted by its participants.
Its a free market, you can do what you want as long as costumers like it. Valve makes its own games and the platform. There are other example where this is true.
Should SpaceX not be allowed to launch Starlink. Falcon 9 is a platform, and Starlink is selling the product that you get threw this platform. Maybe not a perfect example, but one could equally make a argument about that as well.
All of these things are pretty artificial opinion based market restrictions, and everybody want to create different rules based on different was to evaluate this question for every market business and so on.
So you would make totally different choices about what is a platform and what isn't. If my company has a product and then opens up the underlying API, is my product now illegal?
For me this is all nonsense, why not just have both the suppliers, consumers and everybody else involved make choices based on what they think is best. Why do you know better of how to define these terms and what evidence is there that when you force a separation it is better at 'raising all boats'. There is no evidence to prove that in the majority of cases.
In the example of Steam they lost many games because suppliers didn't want to deal with them. Microsoft SQL now runs on Linux because people didn't want to us Windows. In all of those cases, costumers and suppliers are perfectly capable at making those decisions for themselves and then the company has to make choice how adjust to this situation.
Why any of this is bad, is totally unclear to me.
Its easy to say 'see this one bad example' and the ignore a huge amount of efficiency gained by vertical integration. The idea that we have bureaucrats to have control over every single vertical integration decision by every company is pretty insane dream to me.
This reminds me of 'Indian Socialism' where you had to fill out a application for every market each company wanted to get into and the of course super smart regulator would then make sore that the 'correct' amount of companies were in each market. Of course as always there was tons of regulatory capture and corruption to say who got a permit and who didn't. Witch is basically the same pickle you want to get into, just with 100x more detailed determination about ever companies internal structure as well. A recipe for disaster if you ask me.
The idea of enlightned regulator who for each choice of each company on each level can figure if that decision is correct for 'the global population' is a total fantasy. Neither can they do it, nor would their intensives to do it actually be for the good of 'the global population'.
I had a profitable Amazon store in 2010. I found niche products that Amazon didn't sell. As soon as I started getting traction on any one product, Amazon would start undercutting me, and my sales would drop to almost zero over the course of a couple of weeks.
I had near 100% feedback and I had a single customer complaint that I sold them the wrong product. Within a few minutes of me receiving this claim, my account was suspended. I had no chance to rectify the situation.
No amount of calling or emailing Amazon could get me in front of someone that could help me. All responses were an automated rejection.
This was a rough time for me as it was my only form of income and Amazon held almost $30,000 of my money for 3 months. I ended up having to close my business and move on, though I did eventually get all of my money back.
I've built multiple successful businesses since then and Amazon has recently had many business reps try to get me to sign up with a business account, because we purchase lots of items on Amazon/month. I always try to get them to re-investigate my old seller account and our email correspondence stops shortly after this. It's crazy to me that after 10 years and in a completely different industry, I still can't open a seller account.
It taught me a valuable lesson not to build my entire business on someone else's platform.
It only gives them more control over you and they will most likely use your customers, data, and more resources to out-compete you, if you get too big. Twitter has also done this to their app developers.
My wife runs a small business on Etsy and it's just as bad. They make random code changes, which bumps listings up or down and you suddenly have no orders for weeks at a time.
What's even scarier is if a handful of companies run everything we use online. Will I suddenly not be able to get a home loan for a decade because of an account closure?
This sounds eerily similar to what happened to a close friend of mine, and that's 100% the right takeaway from the situation.
> My wife runs a small business on Etsy and it's just as bad. They make random code changes, which bumps listings up or down and you suddenly have no orders for weeks at a time.
Same as above, different friend, but again Etsy.
> What's even scarier is if a handful of companies run everything we use online. Will I suddenly not be able to get a home loan for a decade because of an account closure?
And that's why I'm in favor of strong individual privacy laws, and corresponding enforcement of said laws. Because 'I've got nothing to hide' only works so long as your values/goals are in line with everyone else in the system you're operating in.
The second that changes, good luck and godspeed.
Thanks for the great read, and... I dunno just validating your view of things.
I don't think that's something people, even many very technologically knowledgeable people, are aware of.
I support such laws too, but I wouldn't expect them to really change this. I think what we're seeing is more of a monopoly problem than anything else, even if violating privacy is a part of how they pull it off.
It's very hard to prove that a company that does, in theory, have access to data is not storing it or looking at it. Even accidentally. I just finished explaining all this to someone who freaked out about a Facebook post they saw about how Facebook was starting to collect information about everything you do off-Facebook. I had them show me what they meant, and it appears to just be every app that integrates with Facebook comments or allows Facebook sign-in as an option, etc.
The problem is one Facebook naturally got because of it's success: everyone has good reasons to want to work within their ecosystem. So they get tons of data on everyone. You can inconvenience yourself and refuse to ever visit a service that might share data with Facebook. But honestly: who's going to find that practical and do it? And if Facebook ignores the setting and "accidentally" captures all this data, and I suspect they're misusing it, how do I really get an investigation and more than a slap on the wrist for them?
It's messy to be a platform that provides a service and a consumer of that service that competes with your other consumers. At a previous job of mine we made a conscious decision not to do that for fear it would hurt our core business to ruin relationships with our customers. The problem here is Amazon just doesn't fear that. And I can't say they should. But the root problem seems to me to be more of a monopoly problem than a privacy problem.
Maybe it’s time to revive it. Google, Apple, Amazon, all cause issues because they are too big and haven’t been broken up (or menaces of) for way too long.
We’ve scratched antitrust laws in 9/11, when Microsoft was recognized guilty but never sanctioned, because the domination of USA after 9/11 was important. But maybe that led to two decades of really huge corporations, and a bit more liquidity in the market (choice of platforms, etc) could be nice.
It’s legal for Twitter or Amazon or Etsy or Twitch or Discord or YouTube.
I recently got suspended by Twitter after using it daily for 12 years and in addition to not being able to send new tweets or DMs (or do data backup/takeout), I also can no longer see even the usernames (or the message history) of the people I was communicating with in DM. For many of them, that was my only contact info for them.
I am becoming increasingly convinced for the need to regulate arbitrary suspensions for communications platforms (including sales/business platforms, that’s just a special case of communication). The current emergency situation really woke me up to the huge dangers involved.
GP lost his business, which is sad and tragic and unfair. I envision that in disasters or emergencies, eventually someone is going to lose their life.
Imagine if the mobile phone or cable company could arbitrarily suspend your connectivity because you left bad reviews online about their service.
I recently did a deep dive on how these sorts of centralized, censorship systems pose an inherent and existential threat to safety and human rights in an emergency/pandemic/war that is non-obvious in peacetime: https://sneak.berlin/20200421/normalcy-bias/
It’s truly terrifying to me that these systems (among them Amazon, Discord, Twitter, YouTube, Facebook, Instagram) have final say, practically, over who gets to speak to whom in a lot of cases in society, or what is allowed to be said. These companies (and the government in their jurisdiction) are entirely unaccountable for this terrible censorship power they wield, and it is only a matter of when, not if, it will be horribly abused. TFA is just one important facet of this danger.
From my limited understanding, this regulation forcing them to offer service (as a utility) to 100% of the market is coordinated on a state-by-state basis by the public service/public utilities commission.
https://en.wikipedia.org/wiki/Public_utilities_commission
(Fun fact, I learned this at a young age because my dad ran a paging/voicemail service out of the basement of our single family, suburban residential home when I was about 10. We were the only house on the block with dozens of trunk lines coming into our little bungalow; but by law they had to do it if you ordered it. Try that today with internet access from a cable company, ha! It’s all but impossible due to TOS to run an internet business at a residential address now. Hosting for-profit services with the internet you pay for or reselling the service in any way means you get instantly unplugged.)
Sorry I don’t have a direct link to the all-comers bit of PUC/PSC regulation, but this should give you a starting point for research.
The not-allowed-to-tap-phones bit is a federal law:
https://www.law.cornell.edu/uscode/text/18/2511
It’s sort of insane how provider-wiretapped has been the all-encompassing default for almost all of the largest DM/1-to-1 communications systems in the world: SMS, WeChat, Facebook, VK, Instagram, Gmail. WhatsApp and iMessage are outliers in this regard. Almost all popular new entrants like Slack and Discord are provider-tapped, too.
This is a relatively recent development in our society’s relationship with electronic communications. Reading content by the provider used to be illegal as fuck.
1st I got an item from a fraudulent 3rd party shipper. Did not get my money back and amazon claimed they don't know his identity
2nd Packet got stolen. Amazon claimed based on statistical analysis this packet is assumed to have reached me. Delivered to "mailbox". Paid with CC, made a charge back, closed my account.
You know what is a pretty good competitor? eBay. As a business it may be terrible, but as a market place it is quite good.
Competitor on what vector? Speaking from a US-centric viewpoint here, but my thoughts;
* Distribution & Warehousing - Walmart & Costco
* Sales & Advertising - Google & Facebook
A few notable online storefronts that are independent and I use frequently are B&H Photovideo and Newegg. Realistically though the options I listed above are the only companies I see having the scale to compete with Amazon at anything, and even then they're an order of magnitude behind. Just my opinion, again very US-centric.
As a side node: I am actually thinking of buying a tiny bankrupt travel equipment company. Friends advised against it because of "Amazon essentials". I would not sell on Amazon but it is a strong argument.
Maybe someone has some words of wisdom regarding to this.
What do they have that you want, or what do you think you're going to do differently?
Why did it go bankrupt?
If they claim it's only bankrupt because of COVID-19, then it must not have been very profitable (if at all) if they didn't have enough money to weather out at least 3 months. So I recommend not accepting that explanation.
I was always impressed by the quality of their products. It is a comparatively "old" company, they produce their stuff in Eastern Europe, not Asia.
Why they did not sell?
1. Their webpage looks like from the 90ies
2. No marketing. I think I can solve this, I also have contacts with some small travel agencies. I am sure they would be interested in some affiliate scheme.
3. Has also some niche products where I have contacts in the US (Military, dogs etc.)
Biggest problem is to convince the guy to either sell or take on partners.
I asked this business if I can buy a stake before they filed for bankruptcy because I saw potential and value that I could bring to the company. I still do.
If a restaurant of bakery goes bankrupt I would not want it for free since I don't understand the business, nor can I bring value to the business.
All on purpose, all user-hostile actions to take.
I’ve seen it happen, repeatedly - also years ago. If you sold a high volume commodity on seller central, you’d see your commission go up, and up, and up, until you squeak - you either quit or you complain.
They now know exactly how much that line nets you, and whether it’s worth selling.
I'd say that you're basically at their mercy with regards to the charging a percentage of revenue though. I mean, that's how all card processors work.
By default I trust Shopify more than Amazon, and in both instances your business is essentially succeeding 'at their pleasure' so to speak. So I thought on it for a minute.
I think the main difference comes down to individuals in the business and culture. I'd elaborate more but I'm not sure I want to write that much speculative crap on the internet this morning, and I should get something productive done with my day.
EDIT: Also just realized, that if you look at my spending habits, they 100% imply I trust Amazon more than Shopify.
1) https://stratechery.com/2019/shopify-and-the-power-of-platfo...
Personally i don't think you should be able to run the market and compete in it at the same time.
People talk a lot about other companies but the one i'm most worried about for stamping out startups and holding the economy back is amazon.
It may be, it may not be. I don't know, I am not a Lawyer nor do I play one on the internet.
What I do know is that to date no individual, or collective, has had the financial or political will to test any of this in court.
I suspect this is largely a positive feedback loop whereby any entity that has the financial or political capital to do so and stand a reasonable chance of winning has done the calculus and come to the conclusion that setting said legal precedent would do their own businesses more harm than it would net them in value from Amazon.
Until that changes, meet the new boss same as the old boss.
Old boss wasn't going anywhere until a new one came along that was big enough to crush at will.
Lots of developers do this already with iOS and the App store.
Some people don't even have a choice. E.g. taxi drivers had their entire market turned into a platform. Same with restaurants and meal delivery.
You're either a platform/retailer or you're a manufacturer. You don't get to be both because we see the perverse incentive that happens when it's allowed.
Its kind of the same thing with Home Depot. I used to be able to buy quality hardware from a local store. Now all I have is Home Depot and they sell mostly imported junk hardware. I have to go somewhere like McMaster-Carr now for quality hardware. Home Depot has not been good for me, Home Depot has only been good for itself.
The other problem the article and parent comments are describing relates to the distributor/retailer creating or sourcing generic alternatives to the items sold by their existing suppliers and informing their decisions to do so based on the sales data from their own partners/suppliers.
This latter case seems ok to me, even if it sucks for suppliers, in the sense that we generally get better outcomes for customers. As long as the general regulations for consumer protection are in-place such as preventing confusion between brands and generics.
If you're right, then capitalism is hopelessly bad at optimization and we should scrap it. But what I think is more likely here is that Amazon's execs understands the economics of their business way better than a zero-karma free-market fundamentalist whose pseudonym is a genitalia joke.
Also, I only made fun of your username and your lack of karma because you were making absurd unevidenced claims like, "They have no power to raise prices and restrict competition." If you're going to say things like that, then it's not so much making a point as doing what Frankfurt calls bullshiting. [1] That combined with your very low karma suggests you're not really worth the time of a serious reply. Note the link in my bio: http://www.penny-arcade.com/comic/2004/03/19
For pharmacy items where there is some regulation around the quality of the product, I find generics/store brands to be great. For products that are not regulated in some way quality is all over the place. If you search Amazon for "ul listed usb charger" you will mostly see results for products that are not UL listed - there are probably 5 times more unlisted products for sale there than listed products - Amazon is pushing a bunch of cheap and high-profit crap at me even when I try to avoid it.
In the long term, Amazon undercuts suppliers who have to exit the market. That reduces competition and allows Amazon to charge more.
If you're hungry, a soda is "great for the consumer". For 15 minutes, it alleviates that feeling. Does it follow that everyone should consume only soda?
You say it as if that was a bad thing. More competition is good for the consumer, bad for the oligopolists.
that never happens, unless there's a regulation in place that prevents new sellers to get into the market as quickly as they can. When a price for the product begins to rise, it attracts new sellers, as now there's a wider price range to position your competing product.
But if the reward for success is just having Amazon come in and hoover up the money you would have gotten by launching a knockoff, then suddenly there's a lot less incentive to invest in novel products. That's true both for categories where Amazon is competing and ones where it isn't currently.
I wouldn't be surprised if Amazon's replacement product is sometimes modestly worse, because a) they don't have the kind of deep expertise in a product that the original creators do, and b) it doesn't have to be as good to get the money.
And then there's after-sale support. Amazon's customer support is atrocious. The one thing they're good at is taking things back. But anything more complex and it's a nightmare.
That depends on the significance of economies of scale and barriers to entry in a particular market. The term “natural monopoly” (as it’s used in economics) refers to a particular market where, because of barriers to entry, the optimal number of firms is one. Two firms would not be able to produce their good for cheaper than one firm.
I also suspect the notion of "natural monopoly" is oversold and too simple. Would it be more efficient if we had exactly one ISP for the country? In theory, yes, because then we only have to run one set of wires everywhere, and we'd get rid of a lot of duplicative equipment and staff. But in practice, monopoly and oligopoly ISPs are generally both expensive and bad. I just moved from a competitive area to a "natural monopoly" area; my internet now costs twice as much for 10% of the bandwidth, much lower quality, and much worse service.
I think that's because companies aren't static entities that reliably produce goods, even though that's what most people imagine. Instead they're temporary coalitions of individual actors hopefully prodded into optimal behavior by external forces like competition. Especially so given American business culture, which often refuses to recognize ways of thinking that might mitigate the problems.
Once there is only one paper towel manufacturer left, what is to prevent it from raising prices?
Admittedly those are public utilities but the attitude seems to hold true in antitrust as well. Walmart is probably the best example there, or now Amazon as evidenced by TFA.
Sometimes I wonder why Walmart and Comcast are allowed to behave this way while T-Mobile is not. (EDIT: Google says “nevermind”: https://www.nytimes.com/2019/12/19/technology/sprint-t-mobil...)
As a super-obvious example, an accountant looking to cut costs at a hamburger chain might first suggest reducing the amount of meat or using old meat. But that reduces value as much or more than costs, so it's a bad optimization.
*just noticed I was down voted, likely by MichaelApproved because he has 7500 Karma and I only have 156.
I'm starting to really hate contributing to HackerNews discussions because it's fully of a bunch of bullies who pound on your karma if you don't agree with their viewpoints. Bring on the downvotes, I know HN hates any mention of it's imperfections as well. At least my conscious is clear.
How so? Amazon is the one reducing competition, stopping Amazon from doing that would increase competition. That's a good thing for consumers.
Please don't comment about the voting on comments. It never does any good, and it makes boring reading.
To your point, though, lower competition is not always bad. I as a consumer very much prefer having to deal with fewer toilet paper suppliers if they are of good enough quality. The toilet paper industry is not one where I expect dramatic innovation brought by competition. I just want the cheapest pack that won't feel like sand paper on my delicate behind.
There are, surprisingly, quite a lot of similar industries where consumer would prefer cheap and fast rather than elaborate and innovative products.
P.S. making comments without a basic education of a topic is equally boring to read. I would rather you say it and have the chance to learn than silence you though.
The general point is that it is generally possible to keep fair competition flowing between a smaller group of companies, as long as that group is large enough for its members' respective interests not to align completely.
All other things being equal, there can be only one cheapest pack of toilet paper in a given market, which immediately disproves your argument. After all, having 5000 toilet paper manufacturers all competing among themselves is certainly no guarantee of any improvement to the consumer for that particular criteria, because 1000, 500, 100 or even 2 would have sufficed barring collusion.
Now we can add many other qualities to toilet paper that make discerning customers keener to see past price when they're buying between competing suppliers. However, in mature markets with proven, stable demand, there comes a point where adding more actors does not bring value. Those additional entities are merely tapping into existing market value without providing marginal benefits and without forcing others to improve.
Do you believe the toilet paper industry is so ripe with innovation that its warrants as many competing manufacturers as possible, with as much competitive spirit among them as possible? Nope. In a supermarket, the pack of toilet paper that's put in shelves slightly above eye-level will be chosen way more often by consumers than other packs located a bit below. Companies do not compete on the quality of their products, they compete on the amount of money they pay for their products to be stacked the right way on the right shelves at the right location.
Back in the real world, across many industries, going from thousands of competing companies to a few hundreds is definitely not worse for the consumer.
If you think there's something abusive going on, email hn@ycombinator.com so we can look into it.
Outside of dealing with negative externalities, regulation is a poor-man’s trust busting anyway.
Regulation can help prevent harmful economic behaviour.
It can also create anti-competitive environments that protect incumbents at the expense of new entrants, often by regulatory capture.
> "The solution is to create regulations & laws that prevent this behavior."
I'll take a slightly contrived and simplified set of examples to illustrate why a lot of free-market advocates don't agree with this sentiment as being correct.
1. We identify this "market failing" behavior of Amazon. I.e. Amazon does it a few times and after a while, public starts to
2. Legislators make it illegal for a platform to sell the same products as their suppliers. Easy, right?
3. Amazon alters products to not be technically "the same" so they skirt regulation. E.g. Renames "Plain Artisan Soap" to "Amazon Artisanal Soap", never mind that the product they "copied" was called "Joe's Plain Artisan Soap", and Amazon's product is advertised as "cheap alternative to expensive artisan soaps".
4. We notice and we complain.
6. Amazon complains back (maybe even a few court-cases along the way?), says certain products aren't the same. E.g. Supplier sells artisan soap, but Amazon argue their white-label "soap" isn't the same, it's just soap.
7. So to be fair, legislators start coming up with a reasonable system to identify similar products, which forces amazon to identify "similar" products in order to get them off.
8. Legislators followup and create reasonable rules and exclusions how Amazon can market their branded soap, or how closely the soap can resemble an existing product.
9. Amazon happens to also have a bunch of their own genuine products that it manufactures cheaply. Perhaps a byproduct of some sort of warehouse process they have, and they use their idle machines to make it, or something. But new suppliers come on that happen to sell something that according to regulations is "similar" to those products, and Amazon gets into hot water.
10. Amazon has to put rules, processes, maybe software algorithms to identify such a case. Remember, at Amazon scale, they have thousands of new suppliers and orders of magnitude more "products" that get added each day.
11. Regulators realize it's too difficult to figure this problem out and go to court over it. So they come up with a complaints + arbitration system to address it fairly with a "human in the loop". Think DMCA, takedown requests, etc.
12. Above regulations require paperwork, and you have to register as a platform if you get requests, you're obligated to address complaints of "similar products", etc.
Amazon implements all these rules at each stage, neverminding the "good-faith" interpretation of the original and subsequent laws put in place each time. I.e. "We just don't want platforms abusing their power to undercut genuine businesses." But at this stage we've, through genuine and honest market "interventions" and reasonable rules that seem straightforward and simple and cheap to implement, created regulatory costs that by default get applied to every new "platform" that competes in a space similar to Amazon. You've now successfully put in place regulations that inhibit and prevent competitors manifesting to compete with the existing monopoly or oligopoly.
The Amazon Basics company could buy some market information or behavioural stats from the Amazon Dotcom company at a rather steep price, for example.
Do you really think that if Amazon couldn't use the data from its own site that it wouldn't procure it elsewhere? Before any product is developed there is extensive market research done to get an idea of how much money this product could make.
Anyone can and does do this, why should Amazon be punished that its data collection mechanism is cheaper than others?
Amazon may or may not legally be a retail monopoly - I do not know the answer. But your question can be rephrased for any monopoly and the answer would be “monopolies should be punished for leveraging their monopoly power in other markets, because that ruins the market for everyone else.”
Free markets and democracies are good at a lot of things, but self preservation is not one of them - therefore you need anti-freedom laws.
This is a very common misconception in the United States. It’s how a lot of defenders of antitrust law want antitrust law to work, but it is not how antitrust law does work.
This Supreme Court case explicitly establishes that antitrust laws can be used against companies which obtain a high market share simply by anticipating future demand and responding effectively and efficiently.
Also I think there's 0 chance that wouldn't be overturned if tested today.
This would make sense as a feature. If you subscribe to the view that competitive pressure is the source of progress, then you never want any company to actually win. Like a donkey chasing a carrot on a stick, you want companies to endlessly run towards market dominance, but never actually get there - because once they do, they stop contributing to progress.
b. This 1945 precedent is not the standard that most modern antitrust (post-Bell breakup) cases are held to.
The issue is that over the long term, Amazon is lowering the ROI on innovating and taking risks in the consumer goods space. It's able to do this because of its dominance as a marketplace.
They already did this years ago. Amazon has 80+ private-label brands.
https://www.businessinsider.com/amazon-owns-these-brands-lis...
This issue us that Amazon also dictates what you are allowed to sell your product for elsewhere. It would be one thing if they just used your own data and created a competing product, but the fact you cannot sell your product cheaper elsewhere is the issue.
Anticompetitive practices include activities like price fixing, group boycotts, and exclusionary exclusive dealing contracts or trade association rules, and are generally grouped into two types: agreements between competitors, also referred to as horizontal conduct.
1. Amazon clones independent manufacturer's product.
2. Amazon strangles manufacturer because they can promote their own product more and have lower overhead because they control the entire chain.
3. Competitor dies.
4. Amazon has no competition on this product.
5. They raise prices and/or lower quality.
6. Consumers pay more for a shittier product.
Sun pushed OpenOffice to cut MS's profits from Office
Google and MS are pushing into the Cloud to reduce Amazon's influence
Amazon is creating its own ad network and offering Twitch to reign in Google
Walmart is slowly creating its own global online shopping platform to compete with Amazon
Should Amazon ever have no competitor, monopoly regulations would kick in. But usually, all the other big players will make sure that Amazon has enough competition to not be invincible. It's not fun for small players, but they obviously don't care enough to organize and take their products off Amazon.
Btw, Amazon does not necessarily have less overhead due to Price's law: [1]
>The square root of the number of people in a domain do 50% of the work.
Should Amazon expand into every business, they would be so huge that all their efficiencies and more would be eaten up by the overhead.
I'm a bit confused. Are you claiming that because of Price's law, Amazon doesn't actually benefit from it's monopoly position?
As a consequence, there will be an optimal size where Amazon is serving many markets, most likely the most profitable ones, thus massively benefiting [ * ], but they leave every other market open.
Depending on the future, this is not necessarily a bad position because low interest rates could seed plenty of startups which means that competitors could operate below break even points.
The question is: will Amazon ever reach that position or will its competitors make sure that all its profitable markets will dry up and its growth will be limited?
[*] Actually, not Amazon is profiting because the value of that dominant position would be priced into Amazon shares in advance. Amazon would just execute its dominant position that its investors had foreseen.
If what you said about amazon having less overhead prevents the above hypothetical from happening, then what's the problem? It's apparently more efficient for Amazon to supply this good and that's what an omnipotent benevolent economic dictator would choose anyways.
> 6. Consumers pay more for a shittier product.
Or a competing product emerges with a lower price and/or better quality. Step 6 would only happen if competing products are not allowed to be sold on Amazon. And even if Amazon does that, I would assume that if the delta in price and quality is big enough people would switch to buying the product on Shopify, eBay, or any other platform the manufacturer can use to sell.
This is flat out silly and has never been observed. Monopolies cannot significantly raise their prices, or competitors instantly appear.
Ok, done.
Now what are manufacturers supposed to do when Amazon and Walmart start bullying them some other way? You just made shipping their product directly to the customer against the law.
Are manufacturers legally barred from linking to the marketplaces of its peers?
Could Amazon not just maintain two websites, and shut down the marketplace for certain goods when it feels it has enough information to sell its own versions on the other site?
If not, could Amazon not just sell the information it would have used to develop its own products to another company (which we'll assume is totally unrelated) to develop its own off-brand products, and then treat those products preferentially?
If you're the supplier with a Shopify and Amazon Merchant account, or a local grocery store with white label products, none of this applies to you because you don't have the capability to effectively hold other businesses or markets hostage, no matter how aggressive you are.
https://www.digitalcommerce360.com/2019/02/01/new-ecommerce-...
>The new rules could wipe out nearly half the products on Amazon.in, said Satish Meena, an analyst at Forrester Research Inc. “It’s likely to disrupt availability for customers,” he said.
>The biggest beneficiary from the tightened rules could be Reliance, which is India’s largest private company and owns the country’s biggest brick and mortar retail chain.
In theory India standing up to giant foreign corporations. In practice, a huge giveaway to another giant corporation at the expense of Indian consumers and a big warning to other companies hoping to expand to or invest in India.
That portion of the article is basically the opinion part. I didn't find great coverage over the full details of the regulations themselves.
And private label doesn't mean you have to manufacture anything at all. Sometimes, you will go to the company whose marketshare you are trying to take and they will manufacture the product for you.
When Joe's Custom Bike shop isn't allowed to be a manufacturer and a retailer of someone else's bike equipment, the customer is going to go to Amazon or Wal Mart to buy it. And retail giants, buoyed by the government killing half their competitors, will still find a way of squeezing their suppliers and funnelling sales data to preferred suppliers or related entities.
We don't need laws to restrict one party from taking advantage of another in a deal... it just takes brains and some companies are using theirs to partner with other platforms or sell DTC(Direct To Consumer)
I would think 'brands' like Kirkland are a net good for the consumer.
The point is that competitive data is what drives decisions for product and segments in all areas of retail and business. Either in house or outside. Gathering that data from within your property is no different than using an outside agent.
You are acting as if they're spying on their customers, when the customers are you and me, not the reseller using their platform/space/warehouse/services.
Anyone can host a website, market their product, ship with FedEx/UPS. Preach people do that instead, rather than bow down to our government stamped and approved overlord Amazon.
Does anyone really think that any retailer launches a competing product in a category without looking at all their supplier data?
If you want distribution you risk this. The only way to avoid it, it's to do direct to consumer or having a product that is extremely hard to copy.
Interesting
https://en.wikipedia.org/wiki/Mossimo#IPO_(1996)_and_relatio...
>On March 28, 2000, Mossimo, Inc announced a major, multi-product licensing agreement with Target stores, for $27.8 million.
>In 2017, Target underwent a makeover, introducing new smaller lines and eliminating bigger billion-dollar lines, including Mossimo.
>Target distanced itself from Mossimo amid Mossimo Giannulli's alleged involvement in the 2019 college admissions bribery scandal, saying that Target had not been involved with Giannulli in over a decade
The idea that corporate directors (of whichever kind) have an legal obligation to maximize profits/shareholder value is a myth. Taken directly from Alito's (non-dissenting) opinion in Hobby Lobby:
"While it is certainly true that a central objective of for-profit corporations is to make money, modern corporate law does not require for-profit corporations to pursue profit at the expense of everything else, and many do not do so."
Additionally, even if there were such a requirement, it would be toothless. The corporate directors of a company facing criticism from its shareholders that it is not maximizing profits (in the short-term) could simply retort that they are pursuing a strategy that maximizes profits in the long-run, and that investors should look elsewhere for short-term gains.
As a practical example, consider any company that pursues more environmentally sound practices, or tries to source materials more ethically. By doing more than the bare minimum, they are surely cutting into short-term profits, however they may in the process be building a more resilient and popular brand that profits more in the long-run.
I doubt it would pass the threshold of "grossly negligent" that you'd typically need to sue a CEO as a shareholder, but it's certainly different from an otherwise positive action that simply uses company resources - like raising salaries or making charitable donations.
I mean seriously, if this is end-game capitalism what’s the added value?
You can see this in how Salesforce and Shopify are leveraging their platforms to learn what is popular and produce/buy their own products to sell to their customers to capture 100% of the value, rather than 30% of the value of the solution to the customer.
They could copy products and launch them abiding by the same guidelines, policies and everything else.
That's not the case, and that's where the unfairness comes to play: Amazon plays on their market place by a different set of rules.
It's not only Amazon. Google, Apple, and so on. The question starts to arise, if they want such massive platforms and play on such marketplaces, they must obey their own guidelines, else they are either stripped from the playground or someone else should own the play ground.
So here's a question: Is a store really a marketplace? It seems to me that Amazon, Target, Macys, etc, do a lot of curation and editorial work with regards to standards of production and marketing for items in their stores. Isn't that more akin to publishing?
I think the grey area and critical zone is this: Should a company be allowed to advertise their ecosystem/playground as akin to a "marketplace" when what's really happening, is that they are tightly controlling the product and harvesting the information for themselves? Seems like a bait and switch to me! ("Your margins are our opportunities," is the most fundamentally aggressive business statement I can possibly imagine, and Jeff Bezos said it!)
Apple, Amazon, and YouTube all seem to fall into this general pattern: A "marketplace" or "ecosystem" which is less bazaar and more their tightly planned cathedral. "Partners" who are put upon, data-analyzed, and sometimes cannibalized. This pattern seems to be very widespread, and it only stands to reason, given the tremendous increase in the ability of companies to leverage technology to harvest such data in their own playgrounds.
The first reason is, Amazon isn't doing much curation (if any), due to their size they can't do proper curation, and bots are terrible at it (either based on keywords or reporting). This is proven by counterfeit items being sold, listings being stolen/manipulated, biased report systems.
Then Amazon claims they aren't liable for the products sold - the customer belongs to Amazon (you can't even have access to their names anymore), the listings belong to Amazon, everything except what arrives at the door.
At last, Sellers pay for the product advertising Amazon does, it's called a Referral Fee (ranges from 8% to 15%). In fact, the Seller pays for everything (and they should, yet the amounts are up for discussion).
So they have all the symptoms of a marketplace, yet Amazon plays what ever role is more suitable for them.
I only think they should be enforced the rules of a market place in any developed place in the world.
No real private marketplace would be open if they were selling counterfeits. Even if they sold legit products as well, until they purged everything counterfeit they would not be open, and they'd pay fines for it.
I bet if any public Health/Goods inspection force would be deployed on ANY amazon warehouse, they'd find shady shit. But such public organizations don't have the tools/protocols to do what they do in the real world.
I agree with you when you say, this isn't limited to Amazon.
For example, why can't we get the full data from the customer that purchases from us? Why can't they be our customer on Amazon? Amazon hoards everything, and we get the scraps.
It seems as if Amazon, likely prodded by the GDPR and CCPA, is limiting the personal information they share with third parties. I think that's a good thing, for the consumer at least.
Their name was an example of something required to provide feedback, make amendments, or any kind of engagement that's required with that customer.
Anonymity is one of the reasons review manipulation thrives on Amazon.
Honestly I doubt it was due to GDPR/CCPA, or user privacy concerns, and more turning FBA into a pipeline of homogeneous suppliers that race to the bottom.
https://www.marketplacepulse.com/articles/amazon-is-a-monopo...
Additionally, most other retailers actually BUY the third parties products and take the risk of promoting and selling it. On Amazon third parties take the inventory and many other risks and may have to pay amazon to promote their product.
The story here is that amazon has testified it does not do something, has supposedly the "highest ethical principals" - yet goes ahead and does exactly that which it said it doesn't do.
Do that not matter to you from a trust / credibility perspective?
https://www.cnbc.com/2019/07/16/amazon-tells-house-it-doesnt...
> The online retailing giant has long asserted, including to Congress, that when it makes and sells its own products, it doesn’t use information it collects from the site’s individual third-party sellers—data those sellers view as proprietary.
'"However, we strictly prohibit our employees from using nonpublic, seller-specific data to determine which private label products to launch." Amazon said employees using such data to inform private-label decisions in the way the Journal described would violate its policies, and that the company has launched an internal investigation.'
(Which by the way, I’m totally fine with, because there’s no reasonable way to prove you’re not doing it and any brick-and-mortar retailer is almost surely doing it as well.)
What they promise not to do is take a look at seller specific data. That makes sense because it won't get them much extra compared to looking at categories, and the sellers ethically claim it's their data.
Making decisions on the aggregate data doesn't violate this policy.
My comment got voted to zero and negative initially - does HN not understand that lying DAMAGES even capitalistic economies and functioning markets?
"why not do this?" - because you promised you would not.
This is stuff we teach 6 year olds - but apparently the most rudimentary form of ethics is too much for amazon.
This whole issue stinks of monopoly.
I can't understand this at all. Retailers create in-house brands all the time. Do they somehow make decisions of which products to create in a black box? How would they even do that?
If you go into the Walmart pharmacy, their store-brand equivalents are full of statements such as "Compare to the active ingredient in Advil".
a) actually sell their product to walmart, even the branded product is owned, priced and managed by WALMART. So there is much less SELLER specific data to datamine.
b) sellers to walmart AGREE that the data on products priced, sold, and promoted by walmart (even branded one) belongs to walmart, and in many cases the seller has to pay extra if they want day/store level detail on sales. So in most cases it is a very upfront relationship, and walmart takes a lot more risk in pricing, promoting etc.
Here Amazon has enticed sellers by reassuring them that in CONTRAST to target, Amazon will NOT use the data they provide amazon to market against them AND sellers give amazon a lot more "seller" data because the sellers are often doing their own price management etc etc.
Let's not forget that many of these large retailers have moved to the practice of taking up to 90 days to pay their suppliers. 90 DAYS! That's three months before you see the money of the product you sold through their channels. And they do this because they simply can.
I believe that there's not a single retailer that doesn't leverage its distribution advantage to squeeze their suppliers. If you're not Coca Cola, PepsiCo, Unilever, Procter and Gamble or Colgate Palmolive, you have little to no room for negotiation.
Other stores are very very UPFRONT on what they will do. Many make the small mfg sign an agreement that not only will the store have all the data, but the mfg will need to pay the STORE if they want the data.
The difference here is that a) it is all upfront and b) the mfg can make an informed decision - is this worth it.
If you need store / day detail on sales because you are running promos and in-store marketing vs just being a low cost volume seller - all affect your view of this.
Finally, in grocery retail - once you have the order and deliver, you DO get paid regardless of whether product sells. This is an important positive even selling through Target in some cases especially with more perishable goods. Amazon as a seller you can't plan as well - their alog or someone else paying for promo could cut your demand in half overnight.
Additionally retail stores actually drive demand / discover ability when they purchase your product in a way amazon often does not.
You sign the same deal when you sell on Amazon, probably even signing away more rights. I'm not sure I haven't read the full EULA when you sign up to sell.
> Amazon as a seller you can't plan as well - their alog or someone else paying for promo could cut your demand in half overnight.
This is about the only thing you've said I agree with. But it's not due to lack of data, it's due to barrier to entry with retail sales you have less competition. Right for the wrong reason here.
> Additionally retail stores actually drive demand / discover ability when they purchase your product in a way amazon often does not.
Amazon drives way WAY more discoverability than any retailer.
Pretty much your entire argument contradicts real world experience, common sense, and actual reality from what I know of the situation. I can tell you for a fact your assertion that 'Amazon doesn't do this' everything you're saying is 100% false.
This is completely false. Amazon provides significantly less discoverability than a retailer. With a retailer, you get a product that actually shows up in front of people's eyeballs, and the ability to provide in-store promotions to attract customers, and, most crucially, the store lets you know how the promotions perform. A small minority of retailers make you pay for this data, but most don't because they want products to sell through. Many stores will even work with new brands to promote their products, such as (temporary) eye-level product placement, end-of-aisle placement, special displays, etc.
Source: Before going in-house I used to rep manufacturers of all sizes from startups to billion-dollar behemoths selling to major, regional, and local retail chains. Grocery stores are the best at working with brands (but also the fastest to drop products that don't sell), Target is about average, and Walmart was the worst at the time though I hear they've gotten better.
The schlock sellers I think are more expert in the amazon game (image / product swapouts and seller targeting, review spiking games, competitor flag and return / hazard attacks etc). So much BS and so little real recourse - the scale of marketplace must be nuts.
Do you have a reasonably high volume ($1M+ sales) amazon account to compare to?
I just ask because for such strong opinions "everything you're saying is 100% false" you don't seem like you have actually worked with businesses in this way.
Beleive it or not, you can actually talk to real human beings at your local retail stores. And yes, you can talk to real people at amazon, but if issue is outside their box (on seller side) you get little mercy. If inside box some of the treatment is amazing (amazon payments for goods they show as lost by them as a sale with no return risk)
It's been quite a long time since I worked in the grocery business, but I don't think this is accurate. A lot of vendors stock their products themselves or use food brokers that do it, and they are on the hook for expired and returned product. And there was a shitload of bribery and corruption happening to steal shelf space and end unit space from competitors. It's a surprisingly cut throat business.
Remember, for major retailers, a) THEY are the seller in most cases and b) in most cases they get mfg's to agree to whatever is going on in the agreement UPFRONT.
https://www.cnbc.com/2019/07/16/amazon-tells-house-it-doesnt...
"Nate Sutton, associate general counsel at Amazon, told lawmakers the company doesn’t tap data from individual third-party merchants to determine what new products to create."
Of course they don't use data from individuals, they use all of the data, in aggregate, from everyone including themselves.
Despite the ludicrous lengths Amazon goes here to say there were multiple sellers and so this data was aggregate, we all understand (and amazon did too) that if you generate statistics such as median sale price per month / day etc where 99.95% of the data comes from one seller, you have the data from that seller.
Again, there's that word. Individual.
They get off on a technicality with that comment to congress. The second you have even 0.05% (Your example, not mine.) of any category occupied by a second reseller, you're no longer targeting individuals -- you're entering a 'product vertical'.
Amazon does exactly what you're claiming they do not.
So, if cars are inevitably becoming computers with wheels, what's going to happen to insurance companies? The major weapon of underwriting is data, and a company like Tesla is going to have a huge advantage in data over external insurance companies.
Is it really a societal good for big companies to control all of this data, or should the data belong to the consumer/owner/user? I suspect it's the latter which gives people the most choice and freedom by fostering the most competition.
I was debating on whether I should include mention of these apps. Here's the thing about that: The data available to these apps is nothing compared to the data available to Tesla. Tesla can figure out how often you get close to bumping into something, exactly how far, how fast you were going, and what the lighting/weather conditions were like at the time. That data is orders of magnitude better than the stuff coming out of the app.
It's very analogous to iOS app makers competing with in-house Apple iOS apps. It's hard to compete, when your competitor controls the APIs.
(BTW, Assuming a deal with your credit card company, they probably can approximate your tire age too).
Only 'kinda'. You might get 1 camera feed, and you can see what the weather report was for the area. Tesla has something like 8 camera feeds, and they can tell if visibility was compromised because the other car situated at 7-o'clock to the rear was in a building's deep shadow. The app could only kinda get that if one were lucky.
suddenly about the only thing they don't have is whether you were looking at the road, and the condition of your tires and other vehicle specific metrics
That and a lot more! Also, with far superior granularity, and with fewer data quality problems.
(BTW, Assuming a deal with your credit card company, they probably can approximate your tire age too).
Again, mostly. I would agree that the apps could compete. They're competing at a significant disadvantage, though.
I think the insurance companies are doing what they can to compete but wont be able to match the platform builders offering.
Perhaps they look at licensing data from other platforms like Ford, Yota, etc.
Right now, very safe and low risk drivers can use these companies to get discounted insurance.
Eventually, every safe driver willing to install these trackers will do so for the lower insurance rates, leaving a much higher risk pool with the non-tracking insurance plans, and it will become very expensive to not be tracked by your car insurance company.
Nothing, though I'm guessing they will be far behind for a year or so even after they deploy. (Unless that team is super competent, and they have absolute management backing.)
Look, I get that you can't get the same data with a 3rd-party kit but if you're an insurance company you're gonna be working with car manufacturers anyway.
It completely changes the dynamic of the business. One won't be able to compete, except as a manufacturer partner, and not all manufacturers will be equal. It will limit choices to consumers, and very strongly drive consolidation. I'm not saying only Tesla will be able to do it. What I'm saying, is that the nature of the business will change massively, in a way where customers will wind up with fewer coices.
In fact, many people here contradict their own argument by saying that they are forced to go to other websites or direct to the supplier. Stating as much is tantamount to admitting that the market is functioning correctly.
Amazon is great for some things and bad for other things. If it doesn’t meet your needs, go elsewhere instead of rewarding it with your business and then complaining that it’s too big and powerful because people like yourself keep rewarding it with your business.
IIRC, many traditional white label brands are actually manufactured by the name brands themselves, and they're part of a strategy to segment the market.
The difference here seems to be that Amazon has been cloning relatively unique products made by smaller companies, while traditional white label brands are fungible commodities made by large players with little differentiation. From the OP:
> Because of the limitations of shelf space, traditional retailers stock far fewer products than Amazon’s hundreds millions of items. Typically, they create private-label products to compete in generic categories such as paper towels, rather than copycat versions of items created by smaller entrepreneurs, private-label executives said.
There tend to be specialist manufacturers who fill the store brand niches. E.g. in pharma, close to 90% of the pills, tabs, and liquids sold in front of the pharmacy counter are made by one company, Perrigo, whose entire model is predicated on being a store brand supplier.
I don't think Kimberly Clark makes the store brand paper products, nor does P&G make the store brand beauty/cleaning supplies.
We were constantly competing with the other manufacturers for the Wal-Mart, Walgreens, CVS, etc white label brands. It was increased volume for our plants and they would usually suck up surplus supply.
The catch was that your contract was continually up for renewal and you had to beat the others on price and other criteria. After all, nobody else would know that the rack at Wag's was half-bunny and half-coppertop, right?
It was also a headache because defective parts and customer complaints counted against you hard. We actually tested our white label products more than the name brand SKUs.
Many retailers are beginning tie production of private labeled products in with being the captain of a category - which begins to create incentive for companies to start to pursue these private label opportunities.
K-C and P&G are two examples of companies who largely resist the private label trends in the US - you could counter with ConAgra and Treehouse.
A lot of that has to do with the product and what-not, of course.
[ed: fixed a misspeak]
Most brands at Walmart and other stores are sold many other places.
I would love to hear of consumer facing (B2C) online businesses who are successfully operating without any Google or Amazon dependencies to see if it's even possible in the current online ecosystem.
My hypothesis is that it isn't, and as such Amazon and Google should be broken up. They have close to a functional monopoly on consumers, but I'm putting forward that they also have a functional monopoly on online businesses in commerce.
Our sales are from word of mouth and direct marketing.
Without google search in anyway? There are some ig direct marketing businesses or ebay businesses.
This is part of the reason systems like the patent system were created for inventions: to encourage people to bother exploring risky unknown spaces to develop inventions by granting them essentially a short term monopoly to harvest their reward which they would then compete against after a time period so society could further benefit from their finding by allowing competition to drive prices down and iterate on those inventions.
Obviously the patent system doesn't really serve this purpose anymore like so many systems that have been sidestepped/bypassed, changed through regulatory capture and corrupted by pure profit seeking behaviors.
https://www.cnbc.com/2019/07/16/amazon-tells-house-it-doesnt...
Amazon is able to snoop on all the sales data without any risk.
Their response is usually “I’m making enough money now, why worry about later?” or “our product category is too niche for Amazon to enter.” It seems like that kind of reasoning makes sense for traditional retailers like Costco/Walmart/Macy’s etc., but not Amazon where Amazon virtually has no risk in listing a product.
Highest gross profit (volume * margin).
And how would you ever know either of these two (volume, margin) if you were an arbitrary 3rd party?
Amazon doesn't need to branch out into every single long tail product to cause severe disruption to a retail sector that is often predicated on low single digit margins.
Amazon know volume, Amazon goes to suppliers on alibaba and gives them the quantity they require and then Amazon figures out what margin they'll be making if they sell it at the same or lower price than the original seller.
Start with volume as a suggestion of which products to investigate for purchase price with sellers. If you can get the "right" price with the "appropriate" volume, start selling the product direct.
Also, at Amazon scale, you can estimate margin by looking at price variation over time and throwing in some well tested assumptions.
You really can't. You have to do research and modeling to figure out margins. There are probably half a dozen factors that determine a product's margin.
It gets into things where not much is needed.
For example, USB cables, laptop sleeves, kettle bells, dumbell, weight plates, led light and this kind of category is simply too big and it will put whoever ever discovered a new niche which doesn't require anything more than the physical product get outcompeted by Amazon.
In any case, I do wonder if Amazon's treatment of folk like you would improve considerably if Amazon had competition. It seems they can push you around because there are no consequences to pay.
I disagree. If Amazon had great customer service, there wouldn't be a large volume of people complaining.
"In any case, I do wonder if Amazon's treatment of folk like you would improve considerably if Amazon had competitio"
I agree with you here. The only two marketplaces that actually get traffic are Ebay and Amazon. I've tried them all over the years and the rest combined don't even come close.
Volume of complainers is an absolute number. Customer service can only reduce the proportion of complainers. If you have 50 complainers on 100 customers, bad customer service. If you have 50 complainers on 1,000,000 customers, good customer service.
You can conclude nearly nothing based on the absolute number of complainers in isolation.
A phone wholesaler with a retail business will be broken up since it is a problem for their other retail customers.
This is quite similar where Amazon is acting as both the provider and a retail customer competing against their other retail (marketplace business) customers, with a number of advantages.
Having them forced to provide services at arm's length, at published costs, with audited public books and no inside information would level the playing field. They probably already account for advertising "spend" internally anyway if they're smart, since as another poster alluded they miss out on PPC when someone clicks on an Amazon product so need to know what it cost them.
Based on my last trip to the supermarket, absolutely.
The stores have to put their brand next to the name-brand, or nobody will see their stuff.
They can't just shove the name brand items to the bottom of the shelf because the brands have done all of the advertising, and those are the logos, colors, and packaging that people are looking for.
Display in a store is much more limited than online. They have to put like items together if they want customers to find them.
Why the sudden outrage?
PS: I didn't read the article because of what I consider an even more grotesque form of consumer manipulation...blocking your news website from displaying the full article unless you interact with it, and breaking reader mode so that you have to see their ads/graphics. I'd get my pitchfork out for that.
I mean, they own the whole platform so click fraud would be easy to get away with but hopefully that's not happening. I'm not sure if anyone has the ability to audit their honesty.
I can't speak for Costco, but that's not really true in a conventional supermarket though.
It's pretty well known that food manufacturers [can/are required to] pay to get better shelf placement (e.g. eye level vs. way high up or way down low): https://qz.com/807723/inside-the-secret-backroom-deals-big-b...
If a supermarket starts playing dirty there are many others in which you can sell your product. If Amazon steals your product, you have no other marketplace to turn to.
Amazon gives an opportunity for many businesses to flourish, but then can kill them on a whim. "Live by the Amazon, die by the Amazon."
Amazon, conversely, only provides the platform connecting manufacturers to customers. They may hold consigned inventory in their warehouse, but they typically don't take on the risk for any unsold stock.
This is a big difference between grocery private labels and Amazon basics. Amazon is reaping the benefits without taking on any of the risk.
Disclaimer: I don't work in retail, this is my understanding based on reading but I could be mistaken.
amazon doesn't have a monopoly in online retail, and i can go to any other website just as easily. far more easily than you can drive to a different store.
> a practice at odds with the company’s stated policies...
> .. as stated to congress
edit: it was mostly a joke, calm down.
In speaking with Congress, they're stating to everyone that they are there to act as a platform for third parties. They're a "pass-thru" service.
That implies that while metadata may be being collected, you shouldn't be looking at it, as it isn't "yours". It would be like a cloud provider going into business undercutting their client's because they weren't savvy enough to encrypt their business records. Or the post office going through your B2B mailings, figuring out your footprint, them becoming a competitor.
You have one job. That's it. Once you start abusing your access to your seller's transaction data to figure out where to or whether to diversify into their vertical, there is a fundamental breach of trust, and a very reasonable case to be made in having exploited something you shouldn't be.
That's the Hobbesian Leviathan for you; you don't need all those little businesses anyway!
Just get big enough, and you can lie in front of everyone without penalty it looks like.
Amazon agrees that, as claimed, this is a problem.
'Amazon said employees using such data to inform private-label decisions in the way the Journal described would violate its policies, and that the company has launched an internal investigation.'
Retail is ruthless.
I always thought it was funny, as a young kid, that my city’s name was on all sorts of products, not making the connection.
So I can sell my small company's products through Costco's web platform without Costco ever directly purchasing my product?
Should amazon start paying small companies at the same margin that costco does?
Are you sure? My understand was the Kirkland is mostly just a re-badge for already existing manufacturers.. Kirkland usually buys up their "B" stock/bin of items and just rebrands them.
Question why and when old news is being dredged up. For example, is Amazon any worse than Wal-mart or Oracle or any other number of companies out there? If something is not contemporaneous news, then why is being being used at the point in time you are reading it? What is the motivation of the group pushing that information? Sometimes that is the even bigger story.
https://www.amazon.com/s?rh=p_89%3AAmazonBasics
I am happy to buy these products over generics because of the higher quality. Batteries, paper shredders, water filters, electronics accessories, household supplies, office products...
Don't they usually have only one store brand? Or maybe two, if there's a premium option? I don't think I've ever questioned which is the store brand. I know I've questioned which non-store brands are of dubious origin though (e.g., knockoffs)
(2) HD and Lowes have almost no generic/store brand stuff at all. There are a few exceptions, and they likely do represent fairly profitable sections of their overall business. The main ones I am aware of: lighting, ceiling fans, toilets/sinks, flooring. That leaves huge sections of these stores without generics.
(2) I'll concede HD and Lowes have a lot of departments without store brands [1], but raise you the local grocery store, which doesn't.
[1]: The pattern I see is that the stuff marketed mostly to contractors is less likely to be infected with crappy store brands than the stuff marked mostly to DIY'ers. I suspect its in part because pros will learn whats quality and whats crap a lot faster than DIYers, because the latter only buy a ceiling fan or whatever once a decade.
The model here is not "Safeway and Walmart and every big retailer [ using their sales data]". It's more akin to the flagship store in a mall actually owning the mall, and requiring that all customers check out via their registers. Every other vendor in the mall surrenders all their sales data to the flagship, which it uses to decide how to use its own internal spaces to sell with higher volume and/or profit.
The own-brand stuff that Amazon is doing is dubious, but sure, I agree that many large retailers do it. Most large retailers do not operate 3rd party retail marketplaces, however, where they can siphon sales data from largely unsuspecting 3rd party retailers.
Looking through the comments, everyone is talking about Amazon.com purchases, but the much quieter, arguably more valuable move on Amazon's part would be to do this via AWS. If you're running your entire system on AWS, Amazon immediately knows what kind of scale you're currently running. Depending on the type of product, they can pretty easily ballpark what your profit margin is based on your pricing model and all the metrics they have on your application (which is basically everything).
The application of this data could be used for acquisition targets, deciding which products to build into AWS, ongoing competitive analysis when they do build those competing products...
https://www.cnbc.com/2017/06/21/wal-mart-is-reportedly-telli...
First, Amazon has no idea whether you run your whole business on AWS or only 5% of it. Second, different businesses have such vastly different computing requirements, which make up drastically different percentages of budgets, that there is virtually no signal here to figure out profits.
You're going to be far better off just looking at publicly available data -- funding, employees, pricing on the website -- and having a business analyst put them together.
In this case one of consequences could be that previously during negotiations with Amazon suppliers couldn't effectively use the fact that Amazon would scoop them (even if both parties knew that it was true), and now they can.
Common knowledge: something that many or most people know.
https://www.merriam-webster.com/dictionary/common%20knowledg...
I think the real question to ask is whether or not Amazon has a monopoly and whether they are abusing it to gain an unfair advantage over the producers of the stuff they sell. I mean when you mention other stores, I don't know if you mean this but I'm picturing e.g. a grocery store - where I come from there's usually three competing ones in the neighbourhood. They will all sell products from a premium brand, alongside their own (cheaper) store brand. But the premium brand is usually available at all competitors at similar prices.
It's one thing to see that unbleached toilet paper is selling well, and getting a supplier to sell you a store brand version. But it's completely different to see that a particular office stand is selling very well, determine that it has a 20% margin, and have someone build an identical product which you sell 5% margin.
If you look at many Amazon Basics products, they are clear ripoffs of existing products. To the point where they are indistinguishable from the images. I was looking for a Lodge braisier just yesterday and saw that AB produced an identical product, down to the unique blue color Lodge uses in their enamel.
I guess you could go through the trouble of suing Amazon, assuming you had the resources. But then you'd be booted from the platform and they'd still be selling your knockoffs for years.
I think it's fine if Amazon sees that cast iron cookware is selling well and decides to enter that market. What's not fine is to blatantly steal the design of the best selling product in a category, then make your ripoff more visible on your site. At least make an attempt to differentiate the product.
Those two sound like the exact same thing to me. There is no real difference.
It even happens between electronics manufacturers; you'll see a company noticing a competitor's product is successful, dissecting it to figure out the manufacturing costs and estimated margin, and tailoring its product line to provide a competitive product.
(Aside from all that, I though HNers didn't believe in IP?)
There's a difference between a clean room design that takes inspiration from a product and an identical copy. I can write and perform a song in the style of The Beatles, but I cannot write and perform "Hey Jude" without paying royalties.
They don’t. Amazon isn’t being asked to produce a product for a vendor then taking that and selling it themselves, that would be wrong. This is Amazon doing exactly what other stores do, seeing what sells well and making their own version.
B. The main reason that products, in general, look alike is because they're all being produced at the same 3 factories in China. And for lots of products, there's no reason to deviate significantly from the house design that the factory offers.
B. I used Lodge as an example because I know they make their own products in the US and they do not produce generics. Ergo, I'm quit confident Amazon ripped them off.
Of course, Amazon has been sued over this before [1] [2] [3]. Is three references lawsuits enough evidence for you, or should I dig up some more? And there are many reports of them ripping off vendor products, as I described, from smaller vendors who never sue because they lack the means [4].
Finally, here's evidence from a former Amazon employee claiming they do exactly what I said they do. [5]
[1] https://www.bloomberg.com/news/articles/2018-12-18/williams-...
[2] https://www.forbes.com/sites/wadeshepard/2018/01/14/fuse-chi...
[3] https://www.reuters.com/article/us-amazon-com-counterfeit-la...
[4] https://www.geek.com/news/amazonbasics-is-copying-all-the-be...
[5] https://www.businessinsider.com/amazon-third-party-sellers-d...
It's probably the leading direct-to-consumer platform out there right now, it’s touted sometimes as the anti-Amazon. The leading D2C brands I’ve seen are on there (Allbirds, Atoms, Untuckit) as well as random drop shippers. Shopify is also expanding into a fulfillment network too: https://www.shopify.com/fulfillment
Particularly given the current administrations disposition, I think pinning your hopes to anti-trust is like financially planning around lottery tickets.
I'd imagine if the administration goes through with the antitrust investigations, Bezos would just show up with a suitcase saying "Here's my offer to your 2020 reelection campaign" (not literally, he could put it through a Super PAC) and Trump would say "Art of the deal!" and that threat would disappear...
Or Bezos could double down and get a law firm very rich trying to prove that the suit would be unfair because it's driven by the president's little ego...
Yes, lots [1][2]. (I count fourteen cases year to date.)
[1] https://www.ftc.gov/enforcement/cases-proceedings/terms/217
[2] https://www.ftc.gov/news-events/press-releases/terms/217
There is a supermarket chain called Aldi who's entire business seems to rely upon copying branded products yet they are lauded for offering great value?
They're the only game in town at this point.
https://en.wikipedia.org/wiki/Wikipedia:Chesterton%27s_fence
[1] https://www.thenation.com/article/archive/amazon-doesnt-just...
Fast forward to today, and companies that are direct competitors with Amazon (like Netflix) are completely committed to AWS. Amazon is watching, learning, and evolving from every piece of data they can get their hands on. What better way to learn about your business model than to watch them being tested and deployed on their infrastructure?
I'm not specifically pro or anti Amazon...but I find it surprising the C-suite of most organizations seems content to think of AWS as a separate business un-related to the business that is actively trying to corner the market they are competing in.
https://www.theguardian.com/us-news/2020/feb/26/gmail-hiding...
All big retailers (Walmart, Costco, etc) Apple Google Amazon.
Once you sell or distribute through a marketplace where they also sell or offer products to the same audience, expect the best ideas to be copied by the platform owners.
That's one of the downside retailers have to deal with.
It reminds me one of the post I've seen here https://www.inc.com/sonya-mann/aws-startups-conflict.html
Amazon had its own "auctions" site in the late 1990s which many people forget even existed (it's one of the few things that Amazon tried and failed at). Bezos knew that eBay was a problem as soon as they emerged, and worried that Amazon would never compete effectively against them. In many senses, he was right.
How do I know this? I worked with Bezos in the legendary "garage" in Bellevue, WA.
Any observant Whole Foods shopper can see this happening over the arc of weeks and months. New products from small brands show up on the shelves at Whole Foods. If they sell quickly, it’s only a matter of time before a Whole 365 knock off shows up in the exact same spot on the shelf with similar packaging and a lower price. The predecessor brand is relegated to a low visibility location nearby, and eventually disappears altogether. They don’t even try to hide this practice, they just say they don’t do it.
Or did you create a new listing for someone else's book, that others might credibly own already?
Oh, definitely. Two sellers is "aggregated".
This very easily defeated regulation is a perfect example why they aren’t a silver bullet. Throwing your hands up and saying “just make government fix everything” isn’t realistic, there is overhead and cost and bad precedent in that.
For example, ARM licenses CPU core designs to chip manufacturers, but they don't make their own chips, as doing so would turn their customers into their competitors.
Businesses like contract manufacturers are similar - Foxconn wouldn't start making their own smartphone.
Of course, not every company takes that approach.
That happens to be ARM's business model at the moment. It isn't guaranteed to be their model tomorrow, nor are they doing it be friends with partners.
Don't brick and mortar stores do this too? Not sure how popular "own brand" products are in America but in Europe grocery stores will sell "own brand" produce at cheaper prices. How do grocery stores choose what products to sell under their own brand, surely this is based on how well certain products are selling?
For me, Amazon has been a shitshow for the last month. For in-stock product, they project delivery for Memorial Day and deliver in 24 hours, or promise prime and deliver not-so-much. Other retailers seem to be fine. Target, NewEgg, Walmart, etc seem to be fine. Small online retail seem to be fine.
I wonder that their awful practices are biting them now... once they hit a bump the whole system jams up.
On the other hand at least for Amazon's first party products you don't have to worry about them being counterfeit and I haven't had a bad experience with what I have bought from them (HDMI cords).
i know a number of people that derive decent income from those affiliate channels that are scrambling right about now.
Our process is rather simple.
Buy 100 units of some new promising product from Alibaba, list it on Amazon. Work on our marketing copy.
If it sells well, optimize packaging and sales copy, increase price and order 1000 units.
Then rise and repeat.
You'll be suprized how low is the competition on Amazon India and how high is the volume.
It seems local sellers are clueless for now.
Direct to Consumer is the way of the future, only way to protect your brand, sales numbers, and other proprietary infos.
[1] Maybe the next step after food trucks is "mini-mart" trucks.
https://www.cnbc.com/2019/02/05/amazon-how-india-ecommerce-l...
But “someone” has been watching you! The “owner” of YOUR customers has been collecting ALL your data. Watching your progress, your growth, your competitors, your margins, your shipping costs, etc. THANK YOU FOR PARTICIPATING! Amazon will copy your product. Add their private label “Amazon Basics” to it. Sell it at an unbeatable price. Attach FREE Amazon Prime shipping to it. Position the exposure of their product on their website better than yours. In a matter of days, you will be OUT of business! THANK YOU FOR PARTICIPATING IN AMAZON MARKETPLACE!
1. Not all of them, probably a negligible amount. (Just the ones responsible for crating/producing copied products, not any ones involved in any other area)
2. Create new jobs through fair competition in similar amounts as jobs lost, likely even more as more companies being involved means more operational positions like e.g. for book keeping.
3. (2. reformulated). Not restricting it will cost as much or more jobs due to small companies going out of business and amazon as a giant company can better optimize overhead of operation away compared to many small independent businesses.
This is more like one business owner (FBA seller) trying to sic the authorities on their competition (Amazon Basics) in order to keep a competitive advantage. This seems more anti competitive than what Amazon is doing
The law doesn't prohibit monopoly by itself. Monopolization is only prohibited if it restrains trade, or if the monopoly position was improperly gained. If Amazon attains monopoly position through superior products, innovation, or business acumen, it is very much legal in the US[1].
I think it's hard to argue that Amazon undercutting the participants in its marketplace is restraining the trade: the complaint here is, as I understand it, that through better knowledge of the market, and better integrated and more efficient platform, it is able to offer same or better products at lower prices. I can't see how it restrains the trade, according to how FTC understands it. It would only be illegal if Amazon did sold these products below their own costs, and then planned to recoup the losses by raising the price after the competition is gone. I haven't seen any evidence that this is what's going on.
[1] - https://www.ftc.gov/tips-advice/competition-guidance/guide-a...
Whether these could be sufficiently proved is a whole other matter.
If you don't trade on Amazon's platform, you're not affected by any of these. You might as well complain about Safeway's (or whatever grocery chain operates in your area) anti-competitive practices, because Safeway will also do product tying via membership card, rewards and coupons, deny you facilities to put your products on their shelves, and won't pay carrying fees for its own store brand products.
Sure, it might be much harder for you to compete with Amazon if you can't use its platform, but then the argument is that the Amazon is too competitive, not anti-competitive, and that is in fact legal (and a boon for customers).
you can't prove this
America went from filing >50 antitrust lawsuits in the 1970s to ~5 in the past 2 decades.
/s
/s
https://www.cnn.com/2019/03/11/tech/amazon-price-stipulation...
You are transparent. I see plans within plans.
We are coming after you.
And if you on HN, reddit etc? understand this, either join or be fearful.
we're in the era of 'all out competition', rules be damned
look at China
Every single platform company, whether online or offline, does this. Apple does this with their appstore. Microsoft did this with their windows platform. Every retail or grocery store does this by developing their own native brand that blatantly copy existing products but with a bit lower quality and lower price.
Is this good or bad? Well this is how the vendors are forced to innovate, and that's good for the consumers! If we just all become social justice warriors and shame all these platform companies to do nothing because their products shouldn't hurt others like a bunch of communists, then it is US, the consumers, who lose from this. And even these social justice warriors, at the end of the day, are all consumers.
I also find it weird how they say Amazon "scooped up data", when all that data has been on Amazon's own server all along, voluntarily.
> a practice at odds with the company’s stated policies...
> .. as stated to congress
(per the comment of user "so_tired" above)
When the discussion is about censorship online (demonetizing, blocking people who they don’t like but have done nothing against explicitly stated rules, banning anyone critical of the WHO) the argument often becomes “They’re a private business, they can do whatever they like and you don’t need to use them”.
How is the solution if you don’t like what Amazon is doing with white label products (that almost all major retailer does) to just not use Amazon?
Even if you consider Amazon a monopoly, they don’t prevent the name brand product from being sold there. If they did it would be a similar issue.
This really seems like a Rorschach test for a political ideology.