Monday, August 26, 2024

Rue de Paradis – freelancing and the past, present and future of commercial concentration

 

[crystal vase*]

When I visited my family in Paris at the age of 16 in the mid-1970s, I was amazed when I discovered Rue de Paradis (10th arrondissement, near Rue du Faubourg Saint-Denis). In a small geographical area of a few streets were a hundred crystal and porcelain stores, if not more, as well as workshops producing these goods. I enjoyed my purchase of a crystal vase for my grandmother (see picture) but found it amazing that the stores had chosen to locate themselves in such extreme proximity and create such intense price competition. Many years later, as a freelancer, I now view the choice as far more sensible and maybe even a model for entrepreneurs in the future.

Despite or possiblly due to its concentration of one trade, the European urban tradition of concentrating similar businesses in one area provides economic efficiency, increases sales, and creates solidarity. Since customers can quickly and easily identify and price competing products, the producers, wholesalers and retailers must hone their target market and create a competitive advantage. As conditions change, they can easily identify the trends and adjust their approach. It is easy to track both the price and product preferences of buyers. As purchasers know that they can find the best choice and prices in this one location, they are sure that they can maximize their budget and time. Thus, it takes relatively little effort to decide where to go. That means the vast majority of customers of these luxury goods in Paris choose to visit that location, increasing the potential market. Therefore, while the supply, the competition, is much higher, the number of customers, the demand, is also significantly greater, ensuring a livelihood for most businesses. On a human level, I saw how the craftspeople, salespeople and managers from all the establishments had their coffee or lunches at the various cafes and created a community that kept them up to date and provided them a with a feeling of belonging. They may have been competitive over buyers but also were all part of the same industry. Overall, this concentration benefited the businesses, customers and the workers.

Much has changed since then, notably due to the Internet, the pace of life and connectivity of the market. The new model for selling goods and services is freelancing from one’s home. The entrepreneur sits at the computer and, with a click of several buttons, sends goods from one location to another or produces and delivers a service such as translation or accounting documents. Providers do not even have to get dressed, let alone talk to their colleagues. They are free to work any hours and are not obligated to answer to any boss except the customer, of course. Even more importantly, they set the rate for their work without having to look over their shoulder to see what others are doing. The new model, whether in wholesale, retail or the service industry, is essentially an island.

While clearly fitting the personality of many people, this solo business structure creates serious challenges in terms of marketing, pricing and social connections. For most freelancers, reaching customers and getting them to finalize the purchase are the most difficult tasks. Even the largest corporations struggle with those goals. As for pricing, it is shockingly difficult to actually know how much a specific item or good will cost. It is true that the nominal price is posted front and center but often the potential purchaser only discovers the shipping costs and taxes when it comes time to pay. That means customers only have the patience to visit two or three sites, often the most well-known, leaving the less obvious sites in the cold. Even worse, customers find shopping for services, which tend not to be of standardized quality, to be extremely confusing. As usual, the conglomerated international agencies, including in translation, tend to dominate the first page of the search results. Yet, in the long term, the most difficult aspect of going solo is being solo. Without a communal coffee machine or café, there is no natural way to meet colleagues and talk. Freelancers feel little sense of comradery with their colleagues because they rarely, if ever, see them. They are on an island and usually unaware of vital information, including competitor prices and market changes. In many countries, the law does even allow them to state their rates to a colleague. Ignorance is not bliss over the long term. Going solo means going alone and is not always a successful strategy or a sustainable approach.

The vacillating  physcial concentration levels in business models are not a modern phenomenon. In medieval European markets, the farmers selling their foodstuff would push their carts throughout the city in search of customers while the sellers of writing tools, stationery, which was a luxury at the time, would remain in one location, stationary, knowing that the customers knew where they plied their trade and would come to them. The Internet has, to a certain extent, brought us back to those olden days as customers surf the Web in search of the best deal often based on how active and optimized a site is. With the number of consumers that order everything online, including food and even cars, as well as the volume of sales increasing especially since the start of the Corona period, merchants of all types cannot afford to sit still.

As I try to look into my crystal ball, not one purchased on Rue de Paradis, I would hope that it would be possible to create some Internet market for both goods and non-standard services that would combine the advantages of both extremes. On the one hand, it is nice to wear or not wear any clothes when working and avoid commuting as well as suffer no boss. On the other hand, it would create great satisfaction to experience the sense of belonging to a community on a daily basis and gain access to updated information on the current market. Both the purchaser and provider would undoubtedly profit in the long term. For freelancers, paradise would be a compromise somewhere in the middle of the street.



* Picture captions help the blind fully access the Internet.

Monday, August 19, 2024

On misfeasance, browsewrap and exhaustion or the fruits of summer school

 

[Exhausted man in office*]

For many non-retail businesses, August is a sleepy month, to put it mildly. In Israel, it even used to be called the “season of cucumbers”, the equivalent of the English "silly season",  due to its lack of relevant news. For me, this August is no different. Thus, I have directed some my spare time to reading the law digests I receive every week and don’t read. After all, continuing education is an essential task for any professional, legal translators included. Not being an attorney, I discovered some new terms, specifically misfeasance trading, browsewrap and horizontal and vertical exhaustion. I may or may not encounter them in the future but, in the meantime, it is fun to learn new terms.

In Wright vs Chappell, the court found the directors guilty of misfeasance trading as compared to wrongful trading. The former implies that directors breached their duties, including in regard to compensation, conflict of interest, due diligence and creditors. The former refers to actual trading when the directors know a company is not solvent. Clearly, both offenses refer to illegal acts, but the malfeasance is easier to prove.

Of a wider impact was the California Appeal Court decision regarding browsewrap, which refers to the “I agree” clicks on websites. The decision affirmed, among other arguments, that a clause stipulating arbitration was not enforceable if a “prudent user” would not have noticed it. This line of thought reminded me of the various “plain English” laws for consumer contracts that require key elements to be visually highlighted. To be clear, it did not say that these Internet agreements were non-valid but only that the site must present them properly.

I was quite fascinated by the discussion of horizontal and vertical exhaustion. These terms do not refer to the effects of training for the decathlon but instead to the conditions for applying for secondary insurance benefits. In many insurance policies, it is impossible to initiate a claim under a secondary insurance policy until the full payout, exhaustion, of all primary policies. That is horizontal exhaustion. By contrast, if an insured party has reached the limits of one of many primary policies, it may receive the benefits from a secondary policy under that same exhausted policy whether or not it has completely collected the benefits from the other primary policies, i.e., vertical exhaustion. Even if that sounds tiring to understand, the knowledge may be useful in the future.

For those busy in August or, even better, on vacation. I wish you happy days. For those waiting for the phone to ring physically or virtually, even if you know everybody else on too busy working or playing to need your services, August is a great time to gather “useless” knowledge. Nobody knows when you may need it, especially translators.



* Picture captions allow the blind to fully access the Internet.

Picture credit


Monday, August 5, 2024

Names of seasons – A linguistically dynamic spectrum

 

[pomegranates and grapefruits*]

All civilizations and, therefore, all languages label their seasons in one way or another. In practice, there are multiple approaches to this nomenclature, which can change over time and distance. To illustrate the spectrum of views on the seasons, I will present how English, French and Hebrew have related to the times of the year. Agriculture is often the key factor in this process.

In English, as in many languages, the spring is literally the beginning, whether of water or plants. It is the time they spring up, the start of the year for farmers. By contrast, summer is derived from the ancient word for year. I can postulate that the summer defines the year in terms of crops, i.e., if the fields produced in plenty, there was plenty to eat. By contrast, the autumn, a term more often used in the UK, signified the passing the year at which end the fields were bare, more or less. The American fall emphasizes the obvious physical aspect of the season, specifically the falling of the leaves. As for the winter, it was the wet season, literally.

As typical of Franco-British relations, the French view this situation differently. Le printemps literally means “first time”, which would imply that the world is born anew. L’été relates to burning, presumably to the effects of the sun. L’automne is the time for enriching, especially for the farmers as it harvest time for many crops. Finally, l’hiver is the rainy season, a variation of the wet theme.

Hebrew, a far more ancient language evolving in a far drier region, has a long and complicated story in regard to the seasons. Originally, there were two seasons, the fig harvesting season קיץ [keitz] and the wet, סתיו [stav], a bit like the same nomenclature in many countries in the equatorial regions but without the figs. At some point, writers referred to the season in terms of the name of their first month, i.e., תשרי [tishrei], טבת [tivet], ניסן [nisan] and תמוז [tamuz], starting from the autumn. The terms eventually evolved to identify  a separate spring season, אביב [aviv], which relates to young plants. Furthermore, Hebrew speakers began to use the word חורף [horef], which refers to picking fruit, for winter, another sign of how moderate the climate is in the eastern Mediterranean. The previously mentioned סתיו [stav], the rainy season, now was limited to the fall. On another level, the year was once defined from the spring to spring but the new year changed to the month of  תשרי [tishrei] in the fall. In Hebrew, the seasons do also change linguistically.

These are just a small sample of how cultures and languages relate to seasons. It is clear that weather and agriculture, the most basic of all industries, strongly influence the specific choice of words but climate also has an effect. In any case, there is no unilateral way to describe a season. Seasons" greetings.



* Picture captions help the blind fully navigate the Internet.

Picture credit