The North Face is a company that is owned and managed by very, very clever people. Here’s their business model: Branding. They hire Chinese peasants to make average products of no special quality, and then apply a huge markup to them.
Because no self-respecting person would pay such outrageous prices for such mundane merchandise without some ulterior motive, North Face hired the advertising industry to do what Phil Knight did with Nike: use subversion, glamor-appeal and celebrities to invest the products with a silk-purse glow. They market their products to those who have more money than sense, and who are so image-conscious that they make foolish purchases.
These very, very clever people at North Face stole their whole business plan from Nike. Not a damned thing about it is original or clever.
Along comes a clever kid, Jimmy Winkelmann, who wants to go to college. Unlike North Face, Jimmy is clever and original (he should really think about college). Jimmy founded a company called “South Butt”, and began marketing products appealing to people who don’t really like exercise.
North Face is suing Jimmy. Jimmy don’t like being sued.
North Face says that Jimmy is stealing their clever ideas. Since no one at North Face is clever, they probably don’t get what Jimmy is doing. He’s trying to make a buck by being clever.
North Face is punishing Jimmy. Jimmy might have to quit now. North Face can force him out of business just by taking him to court to defend himself. They will legal-fee him to death.
Jimmy, being very clever, maybe ought to think about being a lawyer.
Go to South Butt today, buy something from Jimmy. Jimmy needs help.
Piece of Mindful 
Jimmy needs to get the word out.
There are lots of pro bono lawyers that would love to make a name for themselves as a giant killer.
Jimmy would win hands down.
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Mark wants Jimmy to win and go to college and study about the real world.
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But, see Mark….
The Market naturally responds to an actor.
North Face begets South Butt – brilliant. He saw an opening and he took it. The Free Market at its finest – battle of wits in a open field of voluntary action of free men.
Then, your “Great Hope” showed up to the door.
Government law. Violent law against Jimmy, who hasn’t attacked or initiated violence on any one (we know of, anyway).
Government violence used to beat down non-violent Jimmy – who by his own wits and cash dared threaten a mercantilist.
And, yet you champion this “Great Hope”… (sigh).
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Sorry, but even as courts are impossibly complex and slow-grinding places, and big players can sue the pants of little guys (Monsanto’s business plan), life without courts would be much worse.
They have authority – when a court orders something, it has to be done. This makes contracts enforceable, and that is how the wheel is greased. The day we find out that contracts are not enforceable, we have no marketplace.
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I do not agree.
Enforcement moves away from violence upon non-violent (but immoral) actors to non-violent enforcement on immoral actors
The market will work even better after that.
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If Jimmy is as clever as he seems he’ll defend himself pro bono and spend as much of North Face’s money as he possibly can before they offer to settle. All the case law, and rules or court, is now on the internet. And a “david-and-goliath” lawsuit such as this has a good chance of raising his company’s profile in a hurry. Given the circumstances, Jimmy and South Butt couldn’t be better positioned.
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I like it!
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Me 2 (can’t let Mark have the last word 🙂 )
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There ya go –
You just had the last word.
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