The Future is Here and Maybe Illegal
Last week was a big week for the future. Last week may have been a week where the future started to slow down. We had two significant court cases where social media companies lost because of some fundamental aspects of their design. The legal theory that animated their defeat is similar to the theory that permanently altered the tobacco industry. Also, we may have just found the first AI-powered, single-person unicorn. Also, that company might be a criminal enterprise. Oh, and we are going to talk about llamas. If your strategy isn’t llama inspired, you are way behind.
When Engagement Becomes Liability
Source: Mark Abramson for The New York Times
Social media is having its Big Tabacco moment. Last week juries in California and New Mexico determined that the design of apps owned by Meta as well as YouTube are harmful to users. These rulings (which will face appeals) show that juries can be won over by the theory that social media companies can be held liable for intentional design features on their social media apps which are separate from the content that users post on these platforms. There are plenty of cases waiting in the wings across the country that will likely deploy the same arguments given this success, “This is a breakthrough because it validates a new theory that platform design can be a defective product,” said litigation partner, Kimberly Pallen. Not only could these rulings impact social media platforms today, but any future competitors will need to take heed of what kinds of design decisions may be deemed harmful to users. Beyond social media, any platform that is making design decisions to boost engagement is almost certainly going to be having different conversations about what strategies might constitute harm to users.
The Rise, and Risk, of The One-Person Unicorn
A fake physician profile created by MedVi Source: Drug Discovery Trends
Speaking of technology futures, we just stepped into a world predicted by AI boosters: the world of the 1-person unicorn. As reported by The New York Times, MedVi is perhaps the fastest growing company ever and is on track to do $1.8 billion in sales this year. Ok, well technically it’s two employees, Matthew Gallagher and his brother. Alright, and they have hired a bunch of contractors. Oh, and they are essentially an advertising portal for existing companies who actually make and deliver the products. Also, they may be a criminal enterprise. The FDA sent MedVi a warning letter in February of this year telling them that they needed to stop falsely claiming that they were the producers of the GLP-1 drugs they are selling. If that wasn’t questionable enough, Medvi’s AI powered marketing plan appears to include having AI generated physician impersonators all over social media hawking their products. Their partners aren’t exactly sterling examples of integrity either. MedVi drives business to OpenLoop Health that is selling bogus drugs. All of this business could end up in a racketeering case. It would appear that even in the AI age, if something sounds too good to be true, it is.
What’s Your Llama?
Source: USA Today
Ok, we promised llamas. Let’s bring on the llamas. Portland International Airport has the most Portland tradition possible: monthly visits from therapy llamas and alpacas for flyers and employees. Cared for by the company Mountain Peaks, the llamas have themed outfits and are available for pets and hugs. The absurdity is the strategy, "’PDX is known for doing things differently, and the llamas and alpacas – with their gentle nature and quirky personalities – have reached icon status in the airport, beloved by all,’ PDX spokesperson Molly Prescott told USA TODAY.” Portland knows what it’s about and is leaning into its identity in a way that brings surprise and delight to visitors. Also, this works financially because Mountain Peaks is able to offer the therapy services by subsidizing them with the money they make from paid party and event appearances with their llamas. We would bet these airport visits generate new leads for their party business. It raises an interesting question: what could you do that would be on-brand and would deepen your relationship with your audience? What is your llama?