Friday, December 9, 2011

The Drive For Economic Power. Really?


It is high time I v/blogged on this subject. Earlier in 2011 I had the itch to respond to Ryan Comerson's video known as "VRS Our Economic Power?" but apparently the itch was not strong enough for me to respond until now. I've been observing recent developments such as 1) Sentences that were given to Yeh brothers. 2) The cheering of some people who were glad to see that the justice has been served for the Yehs. 3) Blame game that went into every imaginable directions. 4) Noticeable behavioral changes in VRS industries. 5) VRS Employees and VRS loyalists (users) are going out of their way to defend their employers and VRS service providers by trashing other VRS companies. 6) Conspiracies and accusations flew around the rooms through out the nation about the possibility of profiling and oppression against deaf VRS owners while hearing VRS owners got away with mere financial penalties.

The list goes on and on. And it is rapidly spiraling out of control. Out of control? You bet it is. I have read some of the latest blogs out there and saw some of the devastating trends. Some of the anonymous comments went so far to spill out somebody personal name and information and asked "what about this person who has done the same crime but has not been caught". Ugh, I said to myself. Well, if this person knows something about a specific person committing a crime then why has not it been reported to the FBI already? Why wait until now and spill the information in somebody's personal blog site? Does not this person realize that it's against the law, as in an accomplice, to be aware of a crime that was committed but yet did not report it?

And then I realized something recently. The Yeh brothers were one of the first people that were caught. And then the investigators along with the prosecutors eventually learned that it was not an isolated case. They learned about numerous other people and VRS industries who were doing the same thing. So, what did they do? Did they go after everybody and prosecuted them as criminals? No, they didn't. They made a strategic decision to turn Yeh brothers and their company along with sub-contractors and employees into a model of what will happen to you if you committed the same crime against FCC. They gave Yeh Brothers severe punishments and turned them into models of what will happen to you if you committed the same crime. The other way to put it is they have become scapegoats.

The Viable fiasco was picture-perfect for FBI, FCC and the Judicial system because numerous Viable's deaf employees were not savvy people. They were not business savvy people. They were not financial savvy people. Numerous of their employees have below than average English literacy skill. Many of them could not read and understand FCC regulations well enough to follow the rules, let alone defend themselves. That is why I said ASL failed and disintegrates in one of my older v/blog seen here at this link. I'll say this again for those who did not see my v/blog on this subject. ASL is convenient, faster and easier to use. That's true however it also has dire consequences. People become lazy and too comfortable with ASL and do not push themselves to excel secondary and primary language, that of English. This much is evident every where. Don't mark my words. Better yet, go out look for signing deaf people and make an effort to communicate with them. The more you meet the more you will realize how poorly they understand English language. Getting back to the point I was trying to make here... Viable was no different. The CEO was an immigrant from Taiwan. ASL was his second language and English became his third language. I know for a fact that John has never excelled English language to a level whereas he would be able to read and understand these FCC regulations. Neither did numerous of his employees who he depended on for ideas and advice.

Having said that, numerous Viable employees left behind hard evidences, for instance, paper notes, videos, email, and texts. It happened because they were their only source of communication. It was how they communicated. Now compare that with VRS companies run by hearing executives and employees. Do you think they would use the same communication techniques when they cheated the FCC? Evidently not. Some of them were caught with excessive billings but they had nobody to pin these evidences onto. So, about all FCC could do about it is to impose penalties and make these VRS companies pay the money back. Is that fair? You decide.

What is clear here is hearing executives and employees with different VRS companies got away, scot-free. The deaf executives and and employees did not. The reason is clear. They both use different method of communication. One method was detectable and the other was not.

I remember receiving a Christmas card from John Yeh from many years ago after he sold his older company and while he served as Trustee of Gallaudet University. In his Christmas card he wrote, 'How is you?'. I sat down, in great disbelief because he was a truly remarkable and successful man but yet his English was far from perfect. It told me one important thing that made all the difference for me. It told me that America was the land of free and the land of opportunities. But yet, such language deficiency is why he got into trouble with the law. I was going to make this point in my characteristic letter for Yeh brothers but I was told that I should not question the court's intelligence. About all I could tell the court was how great of a man he was and what he's done for me and the deaf community. Thinking back I wondered if it would have made any difference if the Judge understood the factors behind linguistic deficiencies. Would it have made any difference if the Judge realized why deaf executives and employees were caught, red-handed, and why the hearing executives and employees got away, for all the same crime that was done? I have to wonder.

I'd like to move onto the main topic of this v/blog, that of "VRS Our Economic Power" by Ryan Comerson, who made an excellent presentation. With respect to Mr. Ryan Comerson, I have never met him or spoken to him. I've never heard of him until he surfaced into vlog-sphere. He raised numerous valid points in his video however I respectfully disagreed with some of them. Is VRS industry the answer to our quest for economic power? The honest answer would be no. Look at Viable and numerous other VRS industries. They're struggling, financially and strategically to a point where nearly every one of them stooped down to an unimaginable level and cheated on FCC. If the economy power was really there then none of them would be using some kind of 'cheating tactics'. The cheating tactics did not have much to do with people's greed. It had more to do with keeping their companies afloat instead of sinking into red (bad debts). The Yeh brothers made it abundantly clear, numerous times, on how much money they actually made from Viable. They made less money than their interpreters did. They did not rake profits and took them home. Instead they reinvested into research and development. They reinvested into new technologies because they had to maintain competitive edge over other VRS companies who were probably cheating as well. And then some of them were caught. The differences were; Deaf executives and employees are going to prison because they depended on visual communication methods, which were highly detectable and collected as evidences while hearing executives and employees used invisible communication methods, that of oral communications via phones. Thus no hard evidences of personal wrong doings against hearing people.

And no, I'm not questioning the court's intelligence. I'm only sharing some really important factors here.

Is VRS our economic power? Unfortunately it didn't really exist in the first place. It was only an illusion. People hit the calculator and calculate the potentials and said wow... let's get into VRS industry and make our fortune. Everybody got into this dark room in search for several pans of delicious pies. Guess what? Only few found it and hung onto them. The rest of them stumbled upon each other and got hurt. And there was some cheating going on. Somebody pulled out a flashlight and caught a glimpse of who had the pies. And when everybody saw the spotlight they all went into the same direction. That's why you see people attacking Sorenson Communication. They wanted a piece of the pie too but the trouble is everybody want a piece of pie too. But if we think about it, there are not enough pies for everybody. So what do you do? Get out of the room for your own safety! The demographics of signing deaf population is very small and that's a fact.

Furthermore this so-called VRS economic power has become smaller and smaller in the recent years. FCC made some recent moves and cut the budget for VRS industry. In short, there are fewer pies and they're also smaller pies than what were originally out there in this dark room full of pioneers who didn't know what they were getting into.

Bottom line, do you really believe that these VRS industries would go to the trouble of cheating FCC if the economic power was really there. The answer is no. They cheated because they 'financially' had to. The cheated because the economic power was not there and because they were already financially committed. It's not something they could just walk away from and say, we can't afford it. To do so would be equivalent to financial suicide. In theory, do you accept death when you could no longer earn enough money to feed yourself? Have you ever experienced it? What if the field was full of hungry people competing for the same batch of food? Do you sit back and say 'dang it' and accept death or do you grab and pull something out to eat in order to survive, with hope that others will understand your desire to survive? Many business people have the same mentality when they committed a lot of time and money into a project only to realize that there are not enough pies for everybody. I know that it still does not make things right but that is what happens out there in this business and financial world. They are no different from a hungry man with a driving desire to live.

On a final note, I'd like to share something, a mere common senses, with you. So, where is our economic power, you ask? The answer lies within outside of your confines. By this I mean it's not uncommon to find deaf people trying to sell something, whether it be goods or services, to other deaf people. In essence they're circulating old money. Think about it. The same dollar probably passes around from one deaf person to another so many times. How do you expect to build economic power this way? You just can't. One does not build economic power by becoming employees either, due to nasty tax brackets. Instead we build economic power by building companies and making solid investment decisions. And more importantly, we build economic power by marketing our goods and services to the public at large. Forget deaf people. They carry same old money that you don't want. Forget VRS industry. It's a very competitive field and it's heavily regulated by FCC. Spell FCC and red-tapes in the same breath and you'll get the gist of it. Forget deaf education because nobody becomes rich from it. Forget ASL courses because you're making the colleges / universities richer. Both fields will not help and build economic power for our community. So what do you do?

Start thinking about developing technologies, services and goods for hearing consumers. That is when you'll begin to build economic power for deaf people and their communities. I, for one have never made a single pretty penny from deaf customer. I've never sold any kind of deaf-related goods or services to deaf people. The reason is simple. Their economy base is way too small. They carry old money. I don't want anything to do with their money because it won't get you very far in this world. I see all the same stuff at some being sold at these deaf expos, which is why I don't attend any more.

The point here is, people like Ryan Comerson are why some deaf people went into this dark room in search for several pans of pies and got hurt. They actually believed that VRS industry was our opportunity to build economic power. It never occurred to these people that there simply were not enough pies for everybody. I've had my fair share of opportunities to get into VRS industry and when an opportunity came up I declined because I knew there was not going to be enough room for everybody. Something also smelled funny. I figured it was going to evolve into a competitive cutthroat industry where only few giants would be able to survive. And I was right about that. But I never thought I would see it all come down to this nasty outcome.

Ryan, I appreciate the work that you've put forth into your presentation. They were sound presentation and quite logistic. However what it lacked was experience and expertise in business world and economics and marketing that goes with the territory. It was just not there. Business and marketing is clearly not your field and I meant no disrespect when I said it. I know you have much to offer and I look forward to your further videos in the future.

12 comments:

  1. Very good one, B. I wonder if Mr. Yeh already had a lawyer who has some vast knowledge/awareness of FCC and so forth before he started VR business? The lawyer COULD help to protect him and his business in the first place?

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  2. Good question, VooDoo Island. I do not know what Yeh's defense attorney knows or does not know. These defense attorneys were acquired after the Yehs were charged and prosecuted. I don't know if they had business attorneys for their VRS operations.

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  3. Now the deaf community is getting a brutal taste of being associated to an industry built with dirty hands.

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  4. Yes Richard. Like John Yeh eloquently put it in his latest video. It's a cutthroat business world. And he was not kidding about it.

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  5. Hello Barry,

    I enjoyed reading your blog and yes, it does make sense.

    Any govt related business will never goes far in profit. The Govt would required financial report every year to rule out any over-budgets. If they were detected that it is already over the budget, the following year, they will only give less than pervious year. Same with other govt-related such like ambulance, firefighter, road maintenance, and others. Those will never run into enterprise or gotten in a huge profit. They are almost that close to non-profit organization with govt breath on their neck.

    Believe me, I knew that 70 percents of big companies unrelated with govt will cheat out the budget by simply changing them into petty cash or transferred cash flow in order to avoid paying exceed taxes and yet, they still are not being caught. If they does, the prison will be overfilled. The govt allowed that as long as they do not exceed this or noticeably spending with this amount of extra cash with some kind of proof. Yeh brothers handed in all proofs that they have following how to spend in this fragile company.

    This case are unfairness for the Yeh brother because they were not certain if they are following the rules according to the report. They would rely on worker for their intelligence due to their influent English. FCC would not be picking them for the trial after so many incidents with another VRS services. It is equivalent for a police to pick a flock of speedy cars. Only one is unlucky that being caught. Of course, this driver will always complained and unfairness for another cars who also speeded but this is the way police can give an good example for others to see that it is not acceptable as if others to see that this car being caught and drive slower.

    I, overall, am very glad that the sentence is not too harsh for Yeh brother, they will share in same room. They will get out early if they behave.

    It is unbelievable how those low people enjoyed this after what Yeh has done for this small deaf community. It is their loss because Yeh can change his heart to led a simply life after this sentence. There will never be any man like Yeh again in the future to serve deaf community again. jjeee

    Good Blog,

    Willy

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  6. Voodoo Island,

    Having Lawyer in govt related business does not usually happened. The govt will never allowed any exceed money to be paid to Lawyers. From Yeh's profit, he will have to pay lawyer from his own pocket.

    Willy

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  7. You are right, Cavvy. Many people do not fully understand the role of an attorney. Their job is to tell us how to do things legally. Some lawyers would over-step their boundary and act like an advisers. I've had several attorney who tried to step over my boundary by acting like a business adviser and I'd stop them in a heart beat and tell them to stick to their role as legal adviser. The reason is simple. Lawyers and business advisers are not the same thing.

    And it was mind boggling to witness how many people cheered over Yeh's punishment. These people are a reflection of 80% of people who belong to the labor force. These people do not understand many things. And they usually complain about other successful and wealthy people. It's because they want to be successful but did not know how to get there. This is quite typical of them.

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  8. Cavvy, yes, Mr. Yeh would have to pay his own money to the private (not defense) lawyer to protect his business and all-legally or not. I would have my own lawyer to ensure that I'm protected and the business runs smooth and as legally as possible.
    -Laura

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  9. Hey Barry, I didn't read your last comment before I hit "Post Comment" button. Yes, I agree that the lawyer should be ONLY responsible to tell their clients on what's legal and illegal. Nothing more. Not many lawyers would bother to follow up on FCC rules as I've been told. I wonder if some deafies are NOT grateful for using VR from ANY deaf or hearing company and chatting with some other deafies? So why bashing against the deaf owner of all kinds of businesses? It doesn't make sense. If I see any deaf business person, I'd support her/him all the way.

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  10. Thank you for sharing us your thoughts. I learned one, two things here. Is it too late to re-appeal his defense? Maybe we can write a letter to the judge or his attorney explaining his possible situation. It might help. It reminded me one of my friend, Robert Curry, who was sentenced to life in prison due to his lack of defense. Which could of have sentenced him to 15 years at least. I didn't know that there were some who actually cheered at his justice. We who understand are what make us a one percenter.

    Julio

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  11. Barry,
    Department of Justice did not do their job throughly. They just hand picked VRS companies which are easy to hang up on the wall and use all the evidence against them. I was puzzled about the Viable not having legal expertise do all follow ups on FCC proceeding and protocols to keep the company from fall into red area. Small business and Corporation and including myself usually hire a legal expertise to be safe. If Viable had one then that person should be held accountable regardless the contract for the legal service. I see other VRS getting just a slap in wrist and pay back and not taken to court at all. What I see very vivid is the Federal Government is not fair to everyone.
    VRS is a short run business investment which I will never invest for example Johnson & Johnson company, what can they create. Only new flavors. That is what VRS out there are doing is just made new "flavors", Technology is out there so VRS has became greedy trying to make profitable margin to keep up. Your great Blog was quite long enough that my coffee became cold, had to get hot coffee.....
    My hats off to you,
    John Radovich

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  12. Your post makes some very succinct points.

    It is the same everywhere: putting all your eggs in one basket puts you at great risk of losing all.

    (1) The VRS industry catered to only one market, the deaf customers.

    (2) Because the industry is funded by taxpayer money, it is subject to stringent government oversight. The industry is accountable to the government, not to stockholders or to their own industry standards.

    (3) Deaf customers are dependent on this industry for long distance communications with hearing ppl.

    All of the above are examples of putting all your eggs in one basket. And all those examples create conditions ideal for cheating tactics.

    I've read about deaf customers complain about some VRS services' pricing tiers, old technology, porting probs, etc. Classic "gouging" of the VRS services' only customer base has become common. It's like how much blood can the VRS industry get out of one turnip, so to speak.

    Wrangling loopholes out of federal rules is a common preoccupation with tax-funded entities. Because government is known for being a tightwad with taxpayer funds, the rules make for inherent cheating.

    Lastly, abuse of the VRS services have occurred in a few instances, such as customer's overuse of minutes, for example. There seems to be less abuse in the customer base itself, as deaf ppl do have other services such as texting, email, etc.

    But VRS is the only service that makes for the most immediate type of communication with hearing folks when you and the interpreter can't be there in person. Until there comes the day an app can be designed to intuitively do the interpretation and marketed free to deaf users, deaf ppl will remain at the mercy of getting gouged, cheated on, hung up on, and yes, regulated by the gummint.

    Ann_C

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