cross-posted from: https://lemmy.ml/post/6745228
TLDR: Apple wants to keep china happy, Stewart was going after china in some way, Apple said don’t, Stewart walked, the show is dead.
Not surprising at all, but sad and shitty and definitely reduces my loyalty to the platform. Hosting Stewart seemed like a real power play from Apple, where conflict like this was inevitable, but they were basically saying, yes we know, but we believe in things and, as a big company with deep pockets that can therefore take risks, to prove it we’re hosting this show.
Changing their minds like this is worse than ever hosting the show in the first place as it shows they probably don’t know what they’re doing or believe in at all, like any big company, and just going for what seems cool, and undermining the very idea of a company like Apple running a streaming platform. I wonder if the Morning Show/Wars people are paying close attention.
Where’d did this “legal responsibility to maximize profit” bullshit come form?
There is no such law, an no entity to enforce the responsibility.
~Court precedent. Shareholders have sued and won for corporations “failing to uphold fiduciary responsibilities” and other similar bullshit. So, now it’s baked into corporate culture.~
Update: See reply below. Courts have upheld that corporations have no requirement to seek profits over all else.
That’s actually not the case.
“courts have consistently refused to hold directors liable for failing to maximise shareholder value”
"In 2014, the United States Supreme Court voiced its position in no uncertain terms. In Burwell v Hobby Lobby Stores Inc., the Supreme Court stated that “Modern corporate law does not require for profit corporations to pursue profit at the expense of everything else”. "
Just more corporate propaganda, that’s all.
https://legislate.ai/blog/does-the-law-require-public-companies-to-maximise-shareholder-value
Holy shit! That’s good to know. Thank you.
It’s frustrating but very much a real thing. You might google “fiduciary duty to shareholders.” Basically, once a company is public, the board has to act in the best interests of the shareholders (which means maximizing returns and/or shareprice.)
This is terrible for the world but pretending it doesn’t exist doesn’t help.
Duty ≠ law
Duty is a legal concept, silly Billy.
You can commit a crime by violating a duty. A common one of which you’ve probably heard is “duty of care” I.e., a doctor can be charged with a crime by not fulfilling their duty of care to a patient.
https://www.forbes.com/advisor/legal/personal-injury/breach-of-duty/
I almost want to look up confidently incorrect. Just maybe learn from this and try googling when you are unfamiliar with a term, you look less silly!
That’s not true. Courts have specifically ruled that maximizing returns is NOT required. The companies do have to consider the best interests of the shareholders, but that does not strictly mean maximizing profits:
https://www.nytimes.com/roomfordebate/2015/04/16/what-are-corporations-obligations-to-shareholders/corporations-dont-have-to-maximize-profits
I would re-read that article a bit more closely. The point they’re making is that recently there have been developments such that maximizing profits is not seen as the SOLE principle behind decision making above all else.
For example, they cite Hobby Lobby which has Christian practices that doubtless cut into profits but are allowed as part of the company’s mission.
But my apologies, a more accurate phrasing would’ve been duty to shareholders and the company.
Still, unless Apple has a really interesting company charter, annoying a capricious manufacturer of almost everything the company needs that is ALSO one of the world’s largest markets, well, not that tough a multi billion dollar decision.
The entity is the civil court system, and while there is no law written “no company can work in a way that doesn’t maximize profit”, upon taking investment, it’s typical that companies, the fiduciary, come under the expectation that they’ll be working for the sake of their beneficiary’s interests. In public companies, this interest is clear-cut. Investors want dividends and to see the value of the company increase. This is typically done through maximizing of profits.
So while it’s not explicit that they must forever maximize profits, companies can be successfully sued for not doing so.
Learn more:
Companies have also been sued for not maximizing profits and won the case. “Best interests” can mean a lot of things. It can mean short term profit for one shareholder, long term profit for another, and stable, guaranteed profit for a third.
Then stop calling it a law.
Nobody called it a law. It’s a legal responsibility, and it is law, but it is not “a” law.