PresellingEthics                                                                   June 14, 2003

 

The Ethics of Pre-Sales

 

The Shogun is Always Right

 

A Note to Ryan North, Student in Entrepreneurialist Culture:

 

Very true, Ryan. Pre-selling means you are taking people's money before providing the service or product and that is a kind of a trust. It is a grey area. But you pay for your train ticket before boarding the train. You pay for your restaurant meal after you have eaten it. So it depends... on leverage. I am sure that if restaurants could ask people to pay before they consume food and drink, they would.

 

As you know, I have talked about one of the keys to generating a successful business is to have a business model which has control over some type of factor of production. This gives you leverage and the power to pre-sell. Pre-sales give you cashflow, and cash is power.

 

We faced this situation when we brought back the Sens in December 1990 and collected $22m in cash for season tickets in December 1990 for a team that wouldn't play until October 6, 1992. The NHL grants a franchise, which gives you control over the boundaries of your home city plus 50 miles—it is your territory. This is an obvious form of control over a factor of production. You have the exclusive right to exploit the value of playing National League games in your home market.

 

The funds collected from pre-sales are 'impressed' with a trust even if they are not legally placed in a trust.

 

The funds also appear on your B/S (Balance Sheet) as a LIABILITY since you have the money but you have yet to perform or provide the service or product (i.e., playing NHL games).

 

Disney sells Disney Dollars on a one for one basis—one USD equals one Disney Dollar. There are hundreds of millions of these Disney Dollars (like Canadian Tire money, I suppose) in kids’ drawers all over the world. Disney has to account for these on its B/S as a liability because it is possible that all those kids (now many of them adults) could suddenly show up one quarter and demand services from the Company.

 

Disney Dollars—Asset or Liability?

 

This shows you the difference between cashflow and assets/liabilities. Most entrepreneurs are interested in cashflow. Entrepreneurs tend to manage their businesses pretty much by watching their bank balance at the beginning and end of each month, the difference being the cash collected in that month.

 

Having said all of this, if entrepreneurs were not allowed by government dictat to pre-sell, there wouldn't be many startups and certainly almost no bootstrap startups. Overall, this would be bad for the economy even if there are a few bad apples out there taking people's money and then folding.

 

Again, it is a matter of trust and your reputation. People don’t mind buying from Terry Matthews in a pre-sell phase because they trust Terry and he has a track record of performing. But remember, Ryan, he and Mike Cowpland pre-sold Mitel products in their early days together and these products were pretty much vaporware but, somehow, they came through.

 

The ethics of entrepreneurship are like history—the winners write history and they are always right. Most entrepreneurs start with nothing and take horrible risks. If they win, they are heroes. Look at Fred Smith at Fed/Ex. He did some things to keep Fed/Ex flying in the early days that nearly landed him in jail but he is a legend today.

 

To paraphrase from James Clavell's SHOGUN: "There is no excuse for revolting against your liege lord... UNLESS YOU WIN. Yes, that is the only excuse," Lord Toranaga.

 

Copyright. Dr. Bruce M. Firestone, Ottawa, Canada. June 14, 2003.

 

www.dramatispersonae.org

 

www.exploriem.org

 

Postscript from Ryan North—You can’ always pre-sell:

 

Mainline Airways ordered to stop pretending it flies here

 

Hawaii Circuit Court Judge Eden Elizabeth Hifo has signed a temporary restraining order against Mainline Airways, a company in Pennsylvania that has been selling air travel tickets to Hawaii even though it doesn't fly here.

 

"It takes more than a Web site to start an airline," said Mark Recktenwald, director of the state Department of Commerce and Consumer Affairs, which sought the restraining order effectively barring the company from pretending it provides air service to the islands.

 

Mainline Airways has not filed any of the federal documents that must be submitted by a would-be airline. The company earlier said it meant to charter the airlift after selling enough tickets, but Recktenwald said Mainline hasn't satisfied the legal requirements to operate as a charter tour operator under Hawaii law, either, or even as a travel agent.

 

The restraining order specifically prohibits Mainline and CEO Luke Thompson "from selling tickets to consumers and collecting money before they are authorized to do so by applicable federal and state laws," Recktenwald's department said in a statement Monday.

 

Mainland has been offering "introductory fare discounts" below $100 for flights from Los Angeles to Honolulu next month. The state Office of Consumer protection calls this a deceptive trade practice and wants damages on behalf of those who booked travel with Mainline.

 

http://www.bizjournals.com/pacific/stories/2003/06/09/daily9.html

 

RYAN NORTH does some dinosaur comics: http://www.qwantz.com