Category | Take 5 With Patrick - Essays on Unrelated Subjects

Götterdamerung of the American Mainstream Media

Posted: Sat May 12, 2007 1:03 am
Post subject: Gotterdammerung of the American mainstream media

Ha ha – this is a great one. An all-time classic from Joe Nocera. Below you will find an email Joe Nocera sent me asking for my “reaction” to some odd claims he wanted to include in his weekly column. Alas, he sent the email Friday afternoon at 12:11 PM his time (note the “10:11 AM” time stamp of our email system, which is in Salt Lake City, that is to say, Rocky Mountain Time) and, as I was in Texas this afternoon in a meeting, I missed the window of a few hours that I theoretically had been offered to respond before Joe’s deadline for his weekly column. Congratulations are due Joe, who has crossed a line never previously crossed (not even by Carol!) by those engaged in their desperate efforts to keep the wig in place.

—–Original Message—–
From: Joe Nocera [mailto:XXXXX]
Sent: Friday, May 11, 2007 10:11 AM
To: Patrick Byrne
Subject: david rocker

patrick– David Rocker made a speech a couple of weeks ago in which he said, among other things, that your lawsuit was nothing mroe (sic) than an effort to silence critics. He also said that Gradient did its first report about Overstock a year before Rocker Partners even became a client. And he said that Mr. Anafantis (sp?) has been discredited with the SEC’s “no action” letter. Your reaction?


Joe Nocera
XXXX
YYYY
nocera@nytimes.com
==================================================

Had Joe actually abided by the principles of Ethics in Journalism 101, I would pointed out the numerous flaws in his attempt to whitewash the criminal activity of his friend Rocker with a “Free speech in America is very important” spin. Remember, from the start Rocker’s lawyers have tried to spin his illegal activity as being about free speech, and this is how the argument has been met by the adults who have examined it:

1) On 8 counts versus 0, the trial judge in Marin Country sided with us and against Rocker’s claim that this suit was about free speech. In fact, the judge said in the courtroom that after his initial review of the evidence there was a “high likelihood” that we would win the suit. Rocker appealed.

2) The California Attorney General appeared out of nowhere and filed an amicus with the appellate court supporting our side and against Rocker’s attempt to spin this as about free speech.

3) The appellate court recently heard Rocker’s arguments. This Law.com article gives a good sense of how the appellate court responded to the hysterical attempts by Rocker’s lawyers to spin his illegal conduct as being about free speech. www.law.com/jsp/article.jsp?id=1176282246984

The Law.com article captures one judge’s reaction nicely: “Justice Ignazio Ruvolo indicated there was evidence even ‘at this stage of the proceedings’ that could substantiate Overstock.com’s claims.” Somehow Joe missed that.

I’d also have pointed out that Rocker does not seem to think “Free speech in America is very important” when someone criticizes Rocker: Rocker famously sued some message board posters a few years back for daring to criticize him and his unethical behavior (incidentally, that case got laughed out of town). Free speech doesn’t seem to be that important to Rocker, Joe.

In the face of these facts, Joe blithely asserts that “The facts are not on Mr. Byrne’s side” without mentioning that the trial court, the California attorney general, and the appellate judge have indicated exactly the opposite, even at this extremely early stage.

Joe notes without question that, “Mr. Rocker wasn’t even a client of Gradient when it began writing its tough-minded reports on Overstock,” neglecting to mention that ex-employees of Gradient assert that the firm had a relationship with Rocker even before he formally became a client.

Joe writes about his friend Rocker “But you know how lawsuits are: a year and a half later, the thing has barely gotten started” without mentioning that we have been most eager to move forward, but that his friend Rocker has stalled and delayed at every opportunity, rejecting the appellate court’s offer to rule without delay for a hearing: there was even one article where an attorney for the miscreants promised to appeal the appellate court ruling. That is, Joe bemoans the fact that “the thing has barely gotten started” while conveniently neglecting to mention that it is his friend Rocker who is doing everything he
can to keep it from getting started.

And so on and so forth.

Is anyone else noticing that something seems to be going on this week? First, after a year of criticizing me for my decision to issue a press release celebrating my receipt of a subpoena from the SEC, the shills are now trying to make a case that I should have sent out a second press release when I received another addressed to me as a person, though it was a small fraction as long as the first, covered sub-issues of the first, as well as issues related to a broader investigation that is not about me or Overstock at all. As though there is a world of difference between a subpoena addressed to our corporate lawyer asking for our CEO’s materials, and one addressed to me at our corporate address: I hate to disappoint, but that distinction is such a fine one it did not occur to me it was worthy of a second press release. The funny part is how it still has not dawnede on the miscreants that a fair bit of the material being requested by the SEC concerns them, not me or Overstock.

What would have made them so angry this week? Perhaps they are mad that last Sunday, at an event hosted by The Economist (a publication with infinitely more credibility than Joe, Roddy, Herb, Gary etc. could ever aspire to), the bad guys lost control of the narrative?

http://www.cultureproject.org/index.php?option=com_content&task=view&id=49

http://cultureproject.org/video2/archivepages/hedge2.html

I think these fellows better hope that the scandal whose lid they are trying so desperately to secure never blows off, because if it does, in the aftermath not only with their journalism come under examination, but more importantly, the publications which have blithely published it will be seen to have been part of the cover-up. Which is entirely right and approrpiate. And then that will be the end of it.

Can anyone doubt at this point that we are witnessing the Götterdammerung of the American mainstream media?

Patrick

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That Herd of Independent Minds: Our New York Financial Press

Posted: Thu May 10, 2007 1:14 pm Post subject: That Herd of Independent Minds: Our New York Financial Press

Some seem to be noticing that my mitzvah (that is my name for my efforts to expose an enormous financial scandal that is occurring on Wall Street) is gaining traction. Forbes has covered it in several articles in the last few months, Bloomberg Television recently released “Phantom Shares,” an amazing half-hour documentary about it, numerous foreign news sources are starting to cover it, The Economist hosted me earlier this week in a debate before an audience in Manhattan ( http://www.cultureproject.org/index.php?option=com_content&task=view&id=49 ), and there may even be a couple more major pieces in the works.It was entirely predictable then, that today Roddy Boyd of The New York Post (a newspaper for people who move their lips when they read People Magazine), Floyd Norris of The New York Times, and Herb Greenberg have all contacted me today about a trivial non-issue but asking precisely the same question in similar language that makes the same false assumptions, almost as though it were orchestrated. How odd (Sloppy work, guys: write back for new instructions). Their sloppiness presents, however, a wonderful opportunity to display the corruption of our financial press, how it shills for the powerful financial interests which own it and against whose perfidy I have been gaining traction in exposing. I will tell you the facts, and then present their questions, to give you an idea of how this works.I and some colleagues (both within and outside the company) have voluntarily cooperated with the SEC for over two years in a variety of investigations run out of several offices. I started doing this because I became convinced our capital markets are strikingly corrupt and have to be fixed or else our country may endure a 1929 event. All along I informed them that at any time I would be more than happy to provide them, in fact pleaded with them to examine, documentation of my various assertions. In addition, I repeatedly suggested to them that on any issue within the company about which they ahd any doubt or concern, to please permit me to provide them whatever documentation they needed in order to clear their minds and satisfy themselves that my motives were pure.On May 4 of last year they took me up on my offer, sending a subpoena for an enormous volume of documents concerning my allegations regarding corruption on Wall Street, along with questions concerning issues about which I had repeatedly suggested I would love to clear their minds. Upon receiving that subpoena, we visited them to suggest that it was not sufficiently broad enough, that there were additional materials in my personal (not corporate) possession I would like to turn over that were not covered in the first, and to request that they request these of me (which they immediately did in a subsequent short, 150 word coda subpoena on issues that were generally a subset of the first, along with those additional materials we were suggesting we provide but were in my personal, not corporate, possession).

This all happened over an 11 day period in the first half of May, 2006. Though not required to do so, in the midst of it I issued a press release not only informing the public of our receipt of subpoena, but celebrating it. I literally put out a press release of which, their subsequent kibbutzing notwithstanding, I was and remain proud: “Overstock.com Celebrates Receipt of SEC Subpoena” (http://investors.overstock.com/phoenix.zhtml?c=131091&p=irol-newsArticle&ID=858248&highlight= ). And in subsequent interviews and radio appearances I have discussed these events.

Now, a year later, how odd that the precise set of journalists and their lampreys (can lampreys have lampreys?) who write stories that support the investment positions of a small stable of hedge funds would concern themselves with precisely the same trivial point on the same non-issue that I have been discussing publicly for over a year. These three journalists have apparently decide that have decided that this was not enough, that I should have put out another press release about the coda-subpoena that followed up on the first that I announced with a press release, which itself made headlines for my decision to publicize my “celebration” of it, as though (after all that). Typical of their ilk is this from Herb:

Quote:
From: Greenberg, Herbert [mailto:XXX]
Sent: Thursday, May 10, 2007 6:05 AM
To: Patrick Byrne
Cc: XXX
Subject: Patrick’s subpoenaPatrick,I’m working on a small piece about your subpoena and had one question: Why did you wait nearly a full year to disclose your subpoena?Thanks,

Herb Greenberg

Roddy Boyd writes:

Quote:
“i had no idea of was that you had received a subpoena. looking at the docs last night, it is disclosed that you did get one. why the 1 year delay in disclosure?”

Floyd Norris contacted us with the same question.The beat goes on. I’m just curious that I did not hear from Bethany and Carol as well.Here is the punch-line: as a matter of law I must tread carefully here, but I can say that the heart of the investigation is not, I would suggest, Overstock-centric, but rather, concerns itself with a strange set of relationships among ….. Well, let me just say that the irony here is just delicious.

In a strange occurrence that would tend to confirm the existence of a karmic balance in the universe, not long ago I was contacted by a source located at the core of the relationships alluded to above. That source paints a startlingly clear picture of how this “system” really works, backed up by approximately one-thousand emails and other documents provided to confirm every word. Given the apparent locus of the SEC’s interest, you can expect me to deal with this gold mine of evidence as any concerned citizen would.

Your humble servant,

Patrick

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Bloomberg TV’s Special Report “Phantom Shares” (later nominated for an Emmy for Investigative Journalism)

Posted: Thu Apr 05, 2007 2:43 pm
Post subject: Bloomberg Television

SCANDAL!

Bloomberg Television has produced a shocking 25 minute exposé showing how Wall Street rogues are exploiting a crack in the system to steal tens of billions of dollars from Americans. The Bloomberg piece starts by talking about Overstock (I make a brief appearance, as a guy just trying to be a good citizen), but goes on to describe a wildly illegal scheme that hurts thousands of companies and millions of Americans with stock accounts. This may turn into a financial scandal that makes Enron look like a Sunday picnic.

Bloomberg News is arguably the most highly-regarded and trustworthy news service in the US. Please tune in to Bloomberg Television today, Friday April 6, at 11 AM ET or 4 PM ET (or simply watch it online at Bloomberg.com). http://images.overstock.com/f/102/3117/8h/www.overstock.com/07-0313Bloom_PhantomShares_NSS.wmv

Respectfully,

Patrick (Humble CEO)

P.S. – Please shop Overstock.com and get Free Shipping* on your order when you click here!

* Free Shipping offer ends Monday, April 9, 2007.

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How to Handle a Corrupt Reporter

Posted: Tue Feb 13, 2007 1:13 am
Post subject: Answers for a Reporter

Dear Reader,

You may know of my efforts to expose a crime that I believe is taking place on an enormous scale against millions of American workers, retirees, and savers, a crime from which a tiny segment within the hedge fund community is benefiting, and that is taking place in under the noses of our financial media. At the heart of the scandal is an obscure but in some ways mammoth corporation called, “DTCC.”The Party Line response has been to spin my efforts as just those of a CEO mad about his stock (though I started this while the stock was going up). Yet since I began my efforts a tremendous amount of data has come to light, and numerous economists, financial experts, and whistleblowers have come forward, confirming many of my claims. The story is cracking into the mainstream. Last April a Bloomberg expose by Bob Drummond detailed how counterfeit shares flooding our financial system have made a hoax out of corporate elections. In September Drummond/Bloomberg followed up describing the effects of these manipulations on hundreds of companies. Now, the current (February 12) issue of Forbes has two stories (by Liz Moyer and Nathan Vardi) that confirm claims which two years ago sounded absurd: that there is a mechanism in place to destroy companies for profit, that hundreds have been taken down, and that Organized Crime is involved.

http://www.rgm.com/articles/FalseProxies.pdf
http://www.buyins.net/articles/gamesshortsellersplay.pdf
http://www.forbes.com/home/free_forbes/2007/0212/068.html
http://www.forbes.com/home/free_forbes/2007/0212/064.html

When this is all over, one of the most interesting aspects of this story will be the battle between the 1.0 world and the 2.0 world. The opening shot may have been “RatherGate,” where Dan Rather’s journalism was successfully challenged by a swarm of bloggers (however you feel about President Bush, there is no doubt that Rather’s documents turned out to be fake). But the fight to expose this financial corruption may surpass that, because it has largely been a fight pitting, on one side, huge financial media corporations, and on the other, a swarm of bloggers, retired stockbrokers, and whistleblowers who figured out how the game was rigged and who had the data to expose it, data which much of the mainstream press did everything it could to bury.

Incidentally, I do not mean to suggest that the press is monolithic. Two entities in particular have shown great courage: Forbes and Bloomberg. However, so far their efforts have been outweighed by those of Fortune Magazine, The New York Times, and The Wall Street Journal, who have done everything they could to downplay the data which has now become incontrovertible. In fact, because I believe that a small number of members of the press are somehow involved in this, I have adopted a policy with journalists: until I trust them, I insist that communication between us be on the record unless otherwise agreed. I have stated this policy publicly. http://www.thesanitycheck.com/DrByrneJournalists/tabid/90/Default.aspx

There exists a once-respected business writer named Gary Weiss who has become reviled by many people in his profession. Over the last year or so Gary has devoted countless articles and (by the tally of one of his own colleagues) 93% of his blogs to saying that I am wrong about all this, that I am crazy, that I am a bad guy, etc. Unfortunately for Gary, he appears to have a relationship with the DTCC, that corporation at the heart of the scandal (http://antisocialmedia.net/pmwiki/pmwiki.php?n=Main.WeissDTCC ). If true, it means that a reporter, Gary Weiss, is taking part in a cover-up.

Today a reporter contacted me about this issue. A quick check confirms that Gary Weiss is no stranger to her: she wrote one of two reviews of his book (the other being by another reporter who is ridiculously biased in favor of hedge funds and against America). She and I exchanged a confusing (to me anyway) series of emails, which I post below: I think if you read them and note their obliqueness you will understand my decision simply to post my responses publicly. At her request I sanitized them of any personal contact information from her, and from other journalists. Within them were an extensive set of questions, which I post and answer below our correspondence.

Your humble servant,
Patrick

==========================================
From: xxx
Sent: Sunday, February 11, 2007 7:28 AM
To: Patrick Byrne
Subject: from susan antilla/bloomberg news columnist
Dear Mr. Byrne,
I write a column for Bloomberg News and am preparing to write a story about Overstock’s public relations/investors relations strategy. Judd Bagley already has answered a number of my questions, but some issues remain that predated his affiliation with the company. I have attached these questions to this email. Would it be possible for you to get back to me before Monday night?

Thank you for your help.

Sincerely,
Susan Antilla

________________________________________
From: Patrick Byrne
Sent: Monday, February 12, 2007 8:47 AM
To: XXXX
cc: yyy (also at Bloomberg)
Subject: RE: from susan antilla/bloomberg news columnist Bloomberg)
Dear Ms. Antilla,

It is very kind of you to write. I will work today on providing you answers to your questions, but before I do I have several points I wish to address. Please consider this off the record until we have the ground rules of our relationship worked out.

    1. As you may know, I am currently working with another Bloomberg journalist on a story and feel at this point that I must include him, in some sense, in my response. I am a “dance with the one who brought you” kind of guy. I feel a little awkward talking at the same time to two different reporters from the same organization: I would feel intolerably awkward if I were doing it behind the backs of one of them. Is that fair?2. Judd tells me that in your communication with him you referenced my interactions with Mr. Mullaney of BusinessWeek ( http://www.thesanitycheck.com/DrByrneJournalists/tabid/90/Default.aspx ). So it sounds as though you know my public principle: that if interviews with me are on the record, they must be on the record for the journalist as well as for me. Is that acceptable to you? May I consider your letter on the record?

    3. As you know also from those interactions which you referred to with Judd, you know it is my general habit to reply to journalists by posting their questions along with my answers on the Internet. I mean no disrespect by this whatsoever: I have just found that the reporters generally make that extra small effort to represent my responses fairly when I do this. Would you have any objection to my operating this way with your questions?

    4. In general, I see the situation as being the confluence of four issues: 1) there is a scandal called “naked short selling”; 2) there is a corporation (the DTCC) at the heart of the scandal; 3) there is a reporter (Gary) using his offices to deny, minimize, and cover-up that scandal; 4) Gary and DTCC appear to have a professional relationship ( http://antisocialmedia.net/pmwiki/pmwiki.php?n=Main.WeissDTCC ).

    5. Simple research shows me that you have a connection with Gary, at least in that you gave one of the rare reviews of his book, and your review could have been written by Gary himself. Candidly, that is a little problematic for me, as is the fact that there are numerous false assumptions buried throughout your questions to me. I do not fault you for that, Lord knows it is easy to get confused about some of this. That said, would you be willing to agree to a basic rule as far as this interview goes, that rule being, I cannot be quoted except by full sentence? No partial sentence quotes?

I hope you find these preliminary questions in the spirit in which they are intended. Also, in any reply, please tell me whether you want your subsequent reply to be on the record or not. I look forward to hearing from you, and until then, I remain,

Yours,
Patrick

________________________________________
From: xxx
Sent: Monday, February 12, 2007 2:18 PM
To: Patrick Byrne
Subject: Re: from susan antilla/bloomberg news columnist
Dear Mr. Byrne
Thank you for your response.
Could you address these issues to me on-the-record?
Thank you.
Sincerely, Susan Antilla

________________________________________
From: Patrick Byrne
Sent: Monday, February 12, 2007 4:14 PM
To: xxx
Subject: RE: from susan antilla/bloomberg news columnist
Dear Ms. Antilla,

Thanks for writing back. However, I am not sure what you are saying: are you asking, “Was your letter to me, Patrick, on the record?” Yes it was. Or are you just asking me to address your original set of questions on the record? The answer to that is also yes, but I have lots going on and it may take me a day or two (if that is satisfactory).

I look forward to getting out of the meta-conversation and into the conversation!

Warm regards,

Patrick

________________________________________
From: xxx
Sent: Monday, February 12, 2007 6:32 PM
To: Patrick Byrne
Subject: Re: from susan antilla/bloomberg news columnist

Dear Mr. Byrne,

In your email this morning, you said ”please consider this off the record” until ground rules were worked out. Then you made 5 points. I guess I’m a little confused that you are now saying that the email that included those 5 points is now on the record, but thank you for clarifying.

Re your response to the questions that I sent to you: yes, I’d appreciate if you responded on the record only.

On your questions to me:

– You requested that I only use full-sentence quotations from any answers that you send. I agree to that. I’m assuming that you will understand that I may not be able to use lengthy quotations.

– Re my Bloomberg colleague: it appears you already have made a decision and acted on it, so I don’t see that my input is relevant.

– Re your proposal to post my questions publicly: I consider my questions my work product at this point. No story has been written or published. I will leave it up to you to determine the right way to handle that. If you should decide to publish my inquiries, I would appreciate that you remove my private telephone numbers.

I look forward to receiving your answers. Although I was hoping to begin writing the story this evening, I will delay that until I receive your answers tomorrow.

Thank you.
Sincerely, Susan Antilla

=================================================

The questions Ms. Antilla attached to her first email read as follows:

1.At what point did it become a corporate strategy to attack company attackers aggressively? I am specifically referring to your public stance against naked short sellers, brokerage firms (recent lawsuit) and members of the media including Gary Weiss and Herb Greenberg.2. Did management consult with outsiders (pr people; lawyers; mgt consultants) before moving in that direction? What outside PR firms do you use today, if any?3. What portion of your time is spent on public relations/investor relations and what portion is spent on operation of the company?4. Has Overstock ever conducted any polling (or hired someone to conduct polling) of its shareholders to determine their thoughts about your aggressive PR?
– if so, what did you learn

5. What other feedback have you received, positive and negative from your shareholders about your approach to short sellers, brokerage firms, and the media?

6. Why not utilize a strategy in which you aggressively promote the positive aspects of the company rather than attack?

7. You filed suit against brokerage firms on the Friday before a Monday announcement of disappointing company results. Was the timing of the lawsuit in any way meant to provide a diversion from the bad results?

8. I spoke with a securities lawyer and former SEC regulator about your lawsuit against the brokerage firms. It was his feeling that it would be very difficult for you to get the trade data and connect the dots that would support your legal theory. Do you think you have a winning lawsuit that you will fight to the end? From your point of view, is the suit a valuable PR strategy (sending a message) as much as it is a legal strategy?

9. While there are some very aggressive public relations experts who think that your strategy is both advisable and “cutting edge,” there is also a camp that says that it is not productive to attack reporters and file lawsuits. Do you have any regrets over your public statements about news reporters or your legal techniques?

I am now answering Ms. Antilla’s questions in this letter below, and will send her a link to this message board post. I hope you in the Overstock Community do not mind terribly having this played out on your message board.

Dear Ms. Antilla,

I respectfully inform you that I am posting to this board our communications, your questions, and my answers to them: doing so was not my original intent, but your responses to my questions were so consistently oblique that I think it clear this will facilitate the most straightforward communication between us (I am not sure why some folks have so much trouble simply saying, “This is off-the-record,” a request which I always honor).

I am unable to form form reply to your questions without first addressing the paradigm and the (in my view) false assumptions which infuse it.

In brief, you are speaking from a 1.0 paradigm in which there are two competing sets of agents: “corporations” and “members of the media.” In my worldview there are also two competing sets of agents: “citizen-journalists exposing a financial scandal,” and “corporations and their employees whose involvement in this scandal is being exposed.” That some of those corporations happen to be media corporations, and their employees, reporters, neither alters that basic landscape nor makes it incomprehensible.

I hope that brief preamble will make the following responses more intelligible.

1.At what point did it become a corporate strategy to attack company attackers aggressively?

What I am doing is not “attacking,” it is “exposing,” but in any case, what should one do with “company attackers” (your term) and if they are “company attackers” why should they be uniquely permitted to atttack?

I am specifically referring to your public stance against naked short sellers, brokerage firms (recent lawsuit)…

With regard to “naked short sellers,” I view my actions less as “attacking” anyone and more as exposing criminal activities within our financial system, activities which SEC Chairman Cox said last July were “clearly violative of federal securities laws”: is Chairman Cox “attacking” naked short sellers by saying that?

…and members of the media including Gary Weiss and Herb Greenberg.

Herb may be a “company attacker” as you say, but I think my response to him has largely been ridicule and disdain, not “attack.”

If Gary Weiss is also “company attacker” as you say, then so be it, but there is no “corporate strategy” regarding Gary Weiss and, I’ll note, you have mustered no argument and adduced no evidence that there is. You have simply made a flat claim, which happens to be false.

I will answer the question that you seem to be wanting to ask here. Yes, at the start of 2006 Judd Bagley began sleuthing and blogging about Gary’s activities, and yes, later in August (September?) Judd joined us and developed our car tab (by November) and now Omuse, but Judd’s hobby of blogging about Gary is no more a reflection of our “corporate strategy” than Forbes could be said to have a “corporate strategy” of attacking Overstock, simply because they employ Gary, and Gary also has a blog 93% dedicated to attacking Overstock.

2. Did management consult with outsiders (pr people; lawyers; mgt consultants) before moving in that direction?

Only in the following loose sense. There are millions of powerless people being ripped off by forces outside of their control or understanding, and I was taught that while one doesn’t have to go around looking for bullies to confront, when one comes across bullies picking on weaker people one has to stand up for those who cannot. So if you call my Mom, my grade school teachers, my professors “outsiders” whose consultations have caused me to “mov[e] in that direction,” then I suppose I suppose the answer is, loosely speaking, “Yes.”

What outside PR firms do you use today, if any?

In general we have engaged in little outside PR, though recently there has been a small, two-woman operation back East that is doing some general PR for us. But no, this is home-grown. Can you really imagine a PR firm coming up with this as a strategy?

3. What portion of your time is spent on public relations/investor relations and what portion is spent on operation of the company?

It varies month to month, but over the span of a year I would estimate:

Public relations: 15%
Investor relations: 2%
Company operations: 83%

4. Has Overstock ever conducted any polling (or hired someone to conduct polling) of its shareholders to determine their thoughts about your aggressive PR?
– if so, what did you learn

Oddly enough, someone told me a year or so ago that he had thrown my name onto the bottom of a political poll, and (according to him) while a bit less than 10% of Americans recognized my name, those who did gave me an approval rating that would make me blush to reveal. I have my doubts about it, because the number seemed impossibly high to me.

Our company does the occasional brand awareness poll, and sometime last year we threw on a question to ask consumers if they knew about this contest and how they felt: a surprisingly small percentage had made the connection, but those who did supported my actions by a substantial (but not impossible high) margin.

Shareholders: I have gotten significantly more encouragement than discouragement from shareholders. I have considered polling them but would not know how, or what to think if the number totaled 300%.

5. What other feedback have you received, positive and negative from your shareholders about your approach to short sellers, brokerage firms, and the media?

Respectfully, I do not know what else to say beyond what I just wrote.

6. Why not utilize a strategy in which you aggressively promote the positive aspects of the company rather than attack?

Respectfully, this is just a string of bad assumptions: this is not a “strategy,” I do not call what I do “attacking,” and you are the ones who called them “company attackers”: why not ask them why they are “attackers”?

7. You filed suit against brokerage firms on the Friday before a Monday announcement of disappointing company results. Was the timing of the lawsuit in any way meant to provide a diversion from the bad results?

No, the timing of the lawsuit was driven more by missed phone calls, late flights, FedEx deliveries and so on and so forth: as we have said, we announce news when we have it. In addition, this whole “diversion” theory is a little odd: in your view has this been much of a diversion?

8. I spoke with a securities lawyer and former SEC regulator about your lawsuit against the brokerage firms. It was his feeling that it would be very difficult for you to get the trade data and connect the dots that would support your legal theory.

Ha-ha-ha: Please tell him I said, “Dream on.”

Do you think you have a winning lawsuit that you will fight to the end?

Yes.

From your point of view, is the suit a valuable PR strategy (sending a message) as much as it is a legal strategy?

It is not a “PR strategy” of any kind (valuable or non-valuable) and I have no idea what “message” it would purport to be sending: it is an attempt to seek rectificatory justice for a company and shareholders harmed by criminal activities.

9. While there are some very aggressive public relations experts who think that your strategy is both advisable and “cutting edge,” there is also a camp that says that it is not productive to attack reporters and file lawsuits. Do you have any regrets over your public statements about news reporters or your legal techniques?

I regret none of my “public statements” or “legal techniques,” and once again, this is not a “public relations… strategy.” Most respectfully, what part of “illegal” is so confusing? What part of, “There are millions of people whose savings are being stolen, and I cannot stand by and watch” seems so utterly incomprehensible?

Ms. Antilla, there are many, many reporters who explicitly ask me (as you have not) for confidentiality, and I always comply. I hope you understand why, given your oblique responses, I thought this conversation would best be continued in the sunlight of public observation. If you have any further questions please do not hesitate to contact me (or simply post them here and let me know). Until then, I wish you all the best, and I remain,

Yours,
Patrick M. Byrne

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Posted in Take 5 With Patrick - Essays on Unrelated SubjectsComments (0)

On the Introduction of “Guides” (née “Omuse”)

Posted: Tue Feb 06, 2007 9:30 pm Post subject: Giving you a sneak preview: try Omuse and give me feedback

Dear Auction Colleagues,

We have completed the basic development of our new tab (that one at the far right that has been saying, “Coming Soon!” for six weeks). It is called “Omuse” and it will be going live for the whole world to see in a week or so. O hope that you will give it a try. Even though the tab is not live yet, you can get there directly by typing omuse.overstock.com .

A good description of it was sent out today by its designer and creator, Judd Bagley, in a letter to some folks in the blogging community (some of whom are friends of his, some not). I copy and paste his letter below. Judd and I are big fans of 2.0, but we both see that there is a niche that is not currently being filled there.

Please remember that it is beta: that means, it is not fully launched, the tab is not live, we undertand there are bugs, and we are asking our friends to come give it a try in order to get your feedback, and so that we may hear about any bugs or ways to improve it. Please come back to this message board and share your feedback with Judd and me.

Oh yes: the best part is, we are viewing this as an extension of the Overstock Community, and so your auction sign-on will work on this new tab.

Respectfully,
Patrick

===============================================

My name is Judd Bagley, Director of Social Media at Overstock.com. I’ve spent the past few months creating something we’re calling Omuse, which is an open environment for people with similar interests to find one another and jointly “write the book” on the activities they most enjoy.

You can find omuse at http://omuse.overstock.com

We’ve just entered an open beta phase and I want to give you the opportunity to get acquainted with Omuse and, if you wish, be among our earliest contributors by creating a guide to participating in whatever activity you find most interesting.

At this point, the question we most frequently hear is: “what should I write about?”

The answer is simple: Imagine you won the lottery tomorrow and never had to work again. What activity would you immediately set about doing day after day? This is likely the activity that most inspires you, though the one most people around you – spouses included – don’t entirely “get.”

It may be the same thing you blog about, but not likely. It’s almost certainly not the thing you do for a living, but if it is, you’re very lucky.

Whatever that thing is, that’s what we want your guide to be about.

As a guide’s creator, you are in charge of it. You may build it alone or – as we would recommend – with the help of others who share your passion. You get to decide who joins your team and the direction you take together.

Omuse is built on a wiki platform, so we’re frequently asked what makes it different from Wikipedia, for example. I’ve arrived at two answers to that question:

1- Where Wikipedia forbids the inclusion of original research, we like to think of Omuse as being built exclusively on original research, recognizing that everybody is an expert at something, and it’s usually the thing they most enjoy doing.

2- Where Wikipedia endeavors to be like an encyclopedia, where one version of the “truth” must be consistent throughout, we’ve built Omuse to be more like a library, where alternate approaches to the same topic set side-by-side are not only acceptable, but a sign of our success.

We expect Omuse to become the foremost source of practical and applied knowledge online, and hope you’ll help us accomplish that goal by launching a guide and encouraging others to do the same.

To get started, go to http://omuse.overstock.com, register, then click the button reading “Create a Guide,” then give your guide a title, and you’re on your way.

If you have any questions, please feel free to email me.

jbagley@overstock.com

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Posted in Take 5 With Patrick - Essays on Unrelated SubjectsComments (0)

Sell-through Rates in Auctions

Posted: Mon Jan 29, 2007 6:53 pm
Post subject: Sell-through-rates

Folks,

As you know, historically our STR has been abysmally low. We charged so little for the auctions that we did not feel too badly about it. But we set about making some changes, and they seem to be working.

A few weeks ago we had our first day with sell-through-rates over 10.0%.

Then last week we had our first day with sell-through-rates over 20.0%.

Yesterday our sell-through-rate was 31.0%.

I believe (but want to be corrected if I am wrong) that this is now slighly above eBay’s. That is, a third party reports eBay’s closing rate as being about 40%, but their calculation seems to be more generous (in that a Buy-It-Now can get relisted up to three times, and the first two failures do not count against the STR score). Is this true? Does anyone have any knowledge you can share with me on this?

Now that we (collectively) have an auction site that is viable, and letting sellers get acceptable closing rates (at last), I hope you are spreading the word in the eBay buying community that there are good deals here, without the overwhelming competition (yet) from other bidders that eBay has. I think that is the right message to send the eBay buying community: when you bid on auctions at Overstock, all the best deals do not get bid away (or sniped) from you.

In any case, thank you for sticking with us until the fire began to burn.

Patrick

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Posted in Take 5 With Patrick - Essays on Unrelated SubjectsComments (0)

Stormy, Meghan, and Auctions

Posted: Mon Jan 22, 2007 10:34 pm Post subject: Stormy, Meghan, and Auctions

Hi folks.

I got a bunch of calls in the last couple days about Stormy, why she rolled off auctions, did she leave the company, and who Meghan is. Stormy is a brilliant street-fighter whom I move around the company to dive into our biggest problems and opportunities, usually with a few analysts in tow. When we decided to do mass advertising she wrote our radio and TV ads, produced those commercials with Sabine, and buys our airtime. She also took over customer service and brought it to #4 in the country in about a year.

Stormy came into auctions in late September, and within a few weeks had pretty much diagnosed the problems (disparate treatment for small sellers, and the subscription plans that made listings so cheap that we got far too many listings starting at artifically high prices, which smothered everyone’s sell-through-rates and destroyed all of our economics). She suggested the plan of going back to a listing fees for everyone, and the other changes we made to level the playing field among sellers. She also realized cut our costs in auctions dramatically, so that the tab became an economically viable proposition for us.

As you must have noticed, things have turned around dramatically in the last few weeks. Listings have dropped almost as far as we wanted them to; we see that the sell through rates are many, many times higher than they have ever been on our site; page views/auction have soared, etc. Once it was clear that these changes had pushed things in the right direction, I moved Stormy on to other duties (developing a new source of revenue for us, while maintaining our customer service and branding departments). We handed the reins to Meghan.

Meghan is a terrific young woman whom you will be getting to know better (I have asked her to create a forum like mine: you will see her picture up tomorrow, I hope, and will probably never check in mine again). She shares my and Stormy’s belief that some basics had been forgotten on this auction tab, and that simplification is good. She has a small, tight team now that has things under control. Our customer service and content review is managed by Jason, a wonderful fellow we hired some time ago with solid experience at eBay, and of course, Joe P handles our relations with the largest sellers.

Incidentally, Meghan now reports directly to me, and I am really enjoying watching these changes take hold. i know that I made a few abrupt moves on the controls some weeks ago, because we wanted to start off the new year right. I am sorry about that, but we are very glad we did, because every auctions metric that we care about has turned around sharply. Stormy can be proud of the decisions she made, as Meghan can over the auction tab she now commands.

So please, never doubt that you are in good hands with Meghan. We have returned to first principles, adn they seem to be working.

Here is a question: it is our hope that by getting conversation rates up as they are now, sellers will gradually realize that they can list more items (I think the average seller now lists more than a dozen at a time). I expect they will experiement, increasing the numbers bit by bit, to see what our traffic supports. I also expect, or at least hope, that as word starts getting out into the eBay community, a few more sellers may come try things. And lastly, I get the impression that some eBay groups are sticky, that is, that some sellers will bring dedicated buyers when they come.

How realistic does this sound?

Respectfully,

Patrick

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Posted in Take 5 With Patrick - Essays on Unrelated SubjectsComments (0)

Official Roll-out of Cars

Posted: Fri Jan 19, 2007 3:09 pm Post subject: Welcome to Overstock Cars

Dear Esteemed Customer,

I write today most respectfully to request your attention to our new “Cars” tab on the our top navigation bar. A car is the second largest purchase people make. Yet the normal car buying experience fills people with dread, fraught as it is with high-pressure tactics. We designed our car tab to reduce that pressure by creating a channel for customers and dealers to find each other and begin discussions on a happy note.

Overstock does not own the inventory you see listed: all these cars (new, used, and certified) are being offered by dealers. Simply navigate to a car that interests you and then choose from three options: offer the dealer’s lot price, or make a counter-offer, or simply ask for more information. Your entries are automatically and immediately forwarded to the dealer, so the conversation can be started easily, without the commitment or pressure that comes from starting the conversation on their lot.

We have long considered extending the Overstock model to the auto industry. In fact, in the last few years folks in the industry approached me several times about doing this, and I, stupidly, delayed it. Now that we have launched it in Beta three weeks ago we see its power already: customers are using it to find good deals on cars. Just as we do with the products we ship you, we intend to uphold our end of our bargain to our customers by searching for the best and most reputable dealers in each state, tracking our customers’ satisfaction by dealer, promoting those dealers who really wow our customers (and when necessary, leaning a bit on those that don’t). You get to go car shopping with an 800-pound gorilla at your side.

We currently have 4,000 vehicles in seven states. This inventory is growing daily, as our “Ocars” team is working hard to bring more vehicles to the site quickly. In fact, I hope to have 100,000 cars by the end of Q1. We’ll see.

We plan on keeping the search experience clean, making the product descriptions as informative as possible, and creating a car buying experience devoid of pressure. Welcome to Overstock Cars.

Your humble servant,

Patrick M. Byrne

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Posted in Take 5 With Patrick - Essays on Unrelated SubjectsComments (0)

Post Made When We Ended Subscription Plans

Posted: Fri Dec 29, 2006 8:11 pm
Post subject: Meghan and I Just Sent This: Subscription Plans Are Ending

Greetings Sellers,

We recently informed you that subscription plans 5-10 will expire on December 31, 2006. However, further analysis has convinced us that the problems arising from O-Subscriptions (specifically, high starting prices, and thus, low sell-through rates) are endemic to all subscription plans, and are therefore detrimental both to your business and ours. As a result, we are ending our O-Subscriptions and have removed the sign-up page.

Sellers currently subscribing to a plan will be allowed to utilize it through midnight, January 11. Any unused portions of your plan (including all January subscription fees) will be credited back to you.

Though we have eliminated O-Subscriptions, we are excited about other changes we are coding up now. By March, 2007, Overstock.com Auctions hopes to have released a classified ad platform, bid cancellation capability, and the revival of 1-day auctions. We are confident that these site enhancements, along with the O-Subscription changes, will add value to the bidder experience and, ultimately, to your business.

Should you have any questions, please direct them to sellershotline@overstock.com. We appreciate your support and wish you the best in 2007.

Respectfully,

Meghan Tuohig – Director, Auctions
Patrick M. Byrne – CEO, Overstock.com

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Posted in Take 5 With Patrick - Essays on Unrelated SubjectsComments (0)

An Article on Bollywood

Posted: Sat Dec 23, 2006 8:34 pm
Post subject: Interesting article

http://www.forbes.com/business/2006/12/20/bollywood-hottest-films-biz-cx_lm_1219bollywood.html

I am a fan myself.

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Posted in Take 5 With Patrick - Essays on Unrelated SubjectsComments (0)

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