Showing posts sorted by relevance for query Puffery. Sort by date Show all posts
Showing posts sorted by relevance for query Puffery. Sort by date Show all posts

Monday, August 14, 2023

Puffery

Puffery (pronounced puhf-uh-ree)

(1) Undue or exaggerated praise; inflated laudation; publicity, claims in advertising, acclaim etc, that are exaggerated (also known as the “puff piece”).

(2) In common law jurisdictions (often as “mere puffery), certain claims or assertions made which, even if literally untrue or misleading, are not actionable.

(3) An act of puffing (rare except in humor).

1730–1735: The construct was puff (in the sense of “to praise with exaggeration”) + -ery.  The noun puff was from the early thirteenth century Middle English puf, puffe, puff & puf, from the Old English pyf (a short, quick blast of wind, act of puffing) which was imitative and cognate with the Middle Low German puf & pof.  It was derived from the verb which was from the Middle English puffen, from the Old English pyffan & puffian (to breathe out, blow with the mouth) and similar forms in other European languages included the Dutch puffen, the German Low German puffen, the German puffen, the Danish puffe and the Swedish puffa.  The sense of “to blow with quick, intermittent blasts” was common by the mid-fourteenth century while the meaning “pant, breathe hard and fast” emerged some decades later.  It was used of the “fluffy light pastry" from the late fourteenth century while the “small pad of a downy or flossy texture for applying powder to skin or hair” was first so described in the 1650s.

The meaning “to fill, inflate, or expand with breath or air” dates from the 1530s while the intransitive sense (in reference to small swellings & round protuberances) was noted by 1725.  The transitive figurative sense of “exalt” was known by the 1530s which shifted somewhat by the early eighteenth century into the meaning “praise with self-interest, give undue or servile praise to”, the idea by mid century focused on the figurative sense of “empty or vain boast”, this sense soon extended to mean “flattery & inflated praise”.  The derogatory use of poof for “an effeminate man; a male homosexual” was noted from the 1850s and is presumably from puff (possibly in the sense of “powder puff”, an allusion to the stereotype of their “excessive concern with maintaining a delicate appearance”)) and the extended form “poofter” was early twentieth century Australian slang, an unusual linguistic departure for a dialect which tended either to clip or add a trailing “e”, “y” or “o” sound to words.  The correct spelling for the furniture piece (A low cushioned seat with no back; a padded foot-stool) was pouf, from the French pouf & pouff (again of imitative origin) but, presumably because of confusion caused by the pronunciation, the spellings puff & poof sometimes are used.  The suffix -ery was from the Middle English -erie, from the Anglo-Norman and Old French -erie, a suffix forming abstract nouns.  The suffix first occurs in loan words from the Old French into the Middle English, but became productive in English by the sixteenth century, sometimes as a proper combination of -er with “y” (as in bakery or brewery) but also as a single suffix (such as slavery or machinery).  Puffery is a noun; the noun plural is pufferies.

Mere puffery

In law, the concept of “mere puffery” was created to provide a buffer between the “meaningless” sales pitch and the deceptive or misleading claims which amount to a misrepresentation.  A misrepresentation may be actionable; “mere puffery” is not.  Puffery is used to describe a claim that (1) a “reasonable person” would not take seriously or (2) is so vague or subjective that it can be neither proved nor disproved.  Those two definitions operate in conjunction because even if an assertion can be disproved, if it would be absurd for the “reasonable person” to claim they believed it, it will be held to be “mere puffery”.

Doubling down: Disappointed at losing the case based on their £100 offer, to restore public confidence, they offered £200. 

In contract law, the term “puffery” comes from one of the most celebrated cases in English jurisprudence: Carlill v Carbolic Smoke Ball Company (1892, EWCA Civ 1) before the Court of Appeal.  During the deadly influenza pandemic in the northern winter of 1889-1890, the Carbolic Smoke Ball Company it would pay £100 (equivalent to some £14,000 in 2023) to anyone who became ill with influenza after using their smoke ball in accordance with the instructions enclosed with the product.  Mrs Carlill was concerned enough by the flu to buy a ball which, following the instructions, she used thrice daily for some weeks but nevertheless, caught the flu.  Unable to persuade the company to pay her £100, Mrs Carlill brought an action, in court claiming a contract existed which the company denied.  At first instance, despite being represented by a future prime-minister, the Carbolic Smoke Ball Company lost, a verdict upheld unanimously by the Court of Appeal.  It was a landmark in the development of contract law, refining the long-established principles of (1) offer, (2) acceptance, (3) certainty of terms and (4) payment although it would be decades before the implications would begin comprehensively to be realized in legislation.  Not only did Mrs Carlill secure her £100 but she survived the pandemic, living to the age of ninety-six.  On 10 March 1942, she died after catching influenza.

So, Mrs Carlill, having used the smoke ball three times a day for almost two months before she developed influenza sued for breach of contract and the court held the offer made in the advertisement was not “mere puff” but constituted a valid offer of contract; the Smoke Ball Company’s offer was thus a misrepresentation because, in the particular circumstances detailed, a “reasonable person” would be likely to believe that they would receive £100 and thus, relying on the claim, be persuaded to purchase the product.  However, all the circumstances must be considered on a case-by-case basis and an individual’s simple reliance on a claim they sincerely believe to be true is not sufficient to for something to be held a misrepresentation.

In the famous Red Bull lawsuit in 2013, the court noted the company’s advertising slogan “Red Bull gives you wings” was “mere puffery” in that no reasonable person would believe ingesting even many cans of the stuff would mean they would “grow wings and fly” but the lawsuit claimed that implicit in the slogan was the allegedly deceptive and fraudulent suggestion that the drink was a “superior source of energy”, something not backed up by scientific evidence.   Heard in US District Court for the Southern District of New York, the class action was lodged by someone who had been drinking Red Bull for a decade-odd.  His claim was not that he expected feathers to sprout but that idea drinking Red Bull would increase performance and concentration (as advertised on the company's television, on-line and marketing campaigns) was “deceptive and fraudulent and is therefore actionable”.  The scientific basis for the action was research which found energy drinks gained their “boost” through caffeine alone, not guarana or any other ingredient, adding although there was no academic support for the claim Red Bull provides “any more benefit to a consumer than a cup of coffee, the Red Bull defendants persistently and pervasively market their product as a superior source of ‘energy’ worthy of a premium price over a cup of coffee or other sources of caffeine.”  Red Bull, while denying any wrongdoing or liability and maintaining its “marketing and labeling have always been truthful and accurate”, the company settled the lawsuit “to avoid the cost and distraction of litigation”.  As part of the settlement, anyone resident of the US who claimed to have purchased a can of Red Bull at some time after 1 January 2002 was eligible to receive either a $US10 reimbursement or two free Red Bull products with a retail value of approximately $US15, a webpage created to enable those affected to lodge their claim.  To avoid any similar claims, the company “voluntarily updated its marketing materials and product labeling".

Advertising is often a mix of puffery and specific claims which can be actionable, depending on the circumstances, either in damages or restitution.

So every case is decided on its merits.  A case before the Federal Court in Australia in 2017 held that a false assertion an app had “the most property listings in Sydney” was a misrepresentation because uncontested evidence proved otherwise although the court note were the app to claim it was “the best” app of its kind that would be mere puffery because, in that context, the phrase “the best” means nothing in particular because it’s not something which can be reduced to a metric or precisely defined.  More intriguing for those who like to speculate when grey turns black or white was the Pepsi Points Case which was in many ways similar to Carlill v Carbolic Smoke Ball Company.  PepsiCo’s advertising included a point system which customers could use to redeem prizes and one campaign had offered a military jet fighter (then invoiced by the manufacturers at US$23 million odd) in exchange for 7 million "Pepsi Points" (then worth US$700,000).  Mailing a $700,000 cheque to PepsiCo, a customer asked to collect his jet.  The court held the offer was “mere puffery” on the basis of (1) aspects of the campaign which clearing indicated “its jocular nature”, (2) that no reasonable person would believe a US$23 million jet could be obtained by exchanging US$700,000 and it was (3) anyway impossible for the company to deliver a military fighter jet in operable condition to a civilian customer.  It was an interesting case because it might have been decided differently if the object had been closer in value to the points mentioned and been something there was no legal impediment to supplying (such as a US$1 million car).  Were it a US$143 million car (there is one), the promotion would presumably still be judged puffery but at some point, it must be that the relative values would be close enough to for the “reasonable person” test to apply.  That however is something impossible to reduce to an equation and each case will be decided on its merits.  Just to be sure, PepsiCo bumped up by several orders of magnitude the points required to start one’s own air force up and added some text to make it clear the whole thing was just a joke.

In the matter of Tyrrell’s Crinkly Crisps.  Often packaging & advertising will contain a number of claims, some of which will be mere puffery (even if it’s easy to prove blatantly they’re untrue) while others need to be verifiable:

2 Pack: Not puffery; every pack must contain two packets.  There have been instances when customers have complained they’ve received more than was advertised and paid for but it’s rare.  Usually, such things are treated as “windfalls”.

Vegan: Not puffery; the contents must be vegan (as defined in the regulation of whatever jurisdiction in which they’re sold).

Triple Cooked: Probably puffery because it’s doubtful the term has any legal definition although were it possible to prove the production process is essentially the same as for any other crisp (chip), it might be actionable.  Because “triple” does have a defined value, were it proved the goods were cooked only twice as long as the practice of other manufacturers, that would presumably compel a change of text to “Double Cooked”.

More Crunch: Probably puffery because the measure of such things is so subjective and there is a point at which to increase crunchiness becomes self-defeating because other desired qualities will be lost.

Crinkly Crisps: Not puffery; the crisps must to some extent be crinkly although it might be fun to have a judge explore the margins and tell us how slight a corrugation can be while still being called “crinkly”.

No Artificial Nasties: Not puffery; these packets probably contain artificial ingredients because they’re almost impossible to avoid in the industrial production of food.  What constitutes a “nasty” is however a thing of quantity as well as quality; something millions every day harmlessly (even beneficially) can be a toxic “nasty” in large quantities so what’s included in the packet will be safe as supplied.  If potential “nasties” are found to exist in a quantity above a certain point, it’s actionable.

Gluten Free: Not puffery; unless there is an allowable quantity (ie trace amounts) permitted by regulation, there must be no gluten.

Sea Salt & Vinegar: Not puffery; sea salt is a particular type of salt so it must be used and there must be evidence of the use of vinegar.

165 g Net: Not puffery; each pack must contain 165 g of edible content +/- the small % of production line variation a court would deem acceptable.

Content guide (fat, energy et al): Not puffery; again, what’s claimed must be a reliable indication of the products within whatever small variation is acceptable.

Photograph with giant crisp: Puffery and an example of how the “reasonable person” test works in conjunction with an objective test of truth.  The packs do not contain crisps as large as is represented in the image (indeed, such would be too big even toi fit in the pack) and no reasonable person would believe this is what they’re buying.

Friday, October 20, 2023

Puffer

Puffer (pronounced puhf-er)

(1) A person or thing that puffs.

(2) Any of various fishes of the family Tetraodontidae, noted for the defense mechanism of inflating (puffing up) its body with water or air until it resembles a globe, the spines in the skin becoming erected; several species contain the potent nerve poison tetrodotoxin.  Also called the blowfish or, globefish.

(3) In contract law, the casual term for someone who produces “mere puff” or “mere puffery”, the term for the type of exaggerated commercial claim tolerated by law.

(4) In cellular automaton modelling (a branch of mathematics and computer science), a finite pattern that leaves a trail of debris.

(5) In auctioneering, one employed by the owner or seller of goods sold at auction to bid up the price; a by-bidder (now rare, the term “shill bidders” or “shills” more common).

(6) In marine zoology, the common (or harbour) porpoise.

(6) A kier used in dyeing.

(8) In glassblowing, a soffietta (a usually swan-necked metal tube, attached to a conical nozzle).

(9) Early post-war slang for one who takes drugs by smoking and inhaling.

(10) In mountaineering (and latterly in fashion), an insulated, often highly stylized puffy jacket or coat, stuffed with various forms of insulation.

(11) As Clyde puffer, a type of cargo ship used in the Clyde estuary and off the west coast of Scotland.

(12) In electronics and electrical engineering, a type of circuit breaker.

(13) A manually operated medical device used for delivering medicines into the lungs.

(14) As puffer machine, a security device used to detect explosives and illegal drugs at airports and other sensitive facilities.

(15) In automotive engineering, a slang term for forced induction (supercharger & turbocharger), always less common than puffer.

In 1620–1630: A compound word puff + -er.  Puff is from the Middle English puff & puf from the Old English pyf (a blast of wind, puff).  It was cognate with the Middle Low German puf & pof.  The –er suffix is from the Middle English –er & -ere, from Old English -ere, from the Proto-Germanic -ārijaz, thought usually to have been borrowed from Latin –ārius and reinforced by the synonymous but unrelated Old French –or & -eor (The Anglo-Norman variant was -our), from the Latin -(ā)tor, from the primitive Indo-European -tōr.  Added to verbs (typically a person or thing that does an action indicated by the root verb) and forms an agent noun.  The original form from the 1620s was as an agent noun from the verb puff, the earliest reference to those who puffed on tobacco, soon extended to steamboats and steam engines generally when they appeared.  The sense of "one who praises or extols with exaggerated commendation" is from 1736, which, as “mere puff” or “mere puffery” in 1892 entered the rules of contract law in Carlill v Carbolic Smoke Ball Company (1892, QB 484 (QBD)) as part of the construction limiting the definition of misrepresentation.  The remarkable fish which inflates itself in defense was first noted in 1814, the meanings relating to machinery being adopted as the industrial revolution progressed although the more virile “blower” was always preferred as a reference to supercharging, puffer more appropriate for the hand-held inhalers used by those suffering a variety of respiratory conditions. 

Puffer Jackets and beyond

Calf-length puffer coats.

The first down jacket, a lightweight, waterproof and warm coat for use in cold places or at altitude and known originally as an eiderdown coat, appears to be the one designed by Australian chemist George Finch (1888-1970) for the 1922 Everest expedition but a more recognizable ancestor was the Skyliner, created by American Eddie Bauer (1899-1986) in 1936, his inspiration being the experience of nearly losing his life to hypothermia on a mid-winter fishing trip.  Using trapped air warmed by the body as a diver’s wet suit uses water, Bauer’s imperative was warmth and protection, but he created also a visual style, one copied in 1939 by Anglo-American fashion designer, Charles James (1906-1978) for his pneumatic jacket, the Michelin Man-like motif defining the classic puffer look to this day.

Lindsay Lohan in puffer vest with Ugg boots, Salt Lake City, Utah, 2013 (left) and in puffer jacket, New York City, 2018 (right).

It was in the late 1940s it began to enjoy acceptance as a fashion item, marketed as evening wear and it was sold in this niche in a variety of materials until the 1970s when a new generation of synthetic fibres offered designers more possibilities, including the opportunity to create garments with the then novel characteristic of being simultaneously able to be bulky, lightweight yet able to retain sculptured, stylized shapes.  These attributes enabled puffer jackets to be made for the women’s market, some of which used a layering technique to create its effect and these were instantly popular.  Although initially in mostly dark or subdued colors, by the 1980s, vibrant colors had emerged as a trend, especially in Italy and England.  By the twenty-first century, although available across a wide price spectrum, the puffer as a style cut across class barriers although, those selling the more expensive did deploy their usual tricks to offer their buyers class identifiers, some discrete, some not.

The puffer started life as a jacket and it took a long time to grow but by the 2000s, calf-length puffers had appeared as a retail item after attracting comment, not always favorable, on the catwalks.  Although not selling in the volumes of the jackets, the costs of lengthening can’t have been high because ankle and even floor-length puffers followed.  Down there it might have stopped but, in their fall 2018 collection released during Milan Fashion Week, Italian fashion house Moncler, noted for their skiwear, showed puffer evening gowns, the result of a collaborative venture with Valentino’s designers.  Available in designer colors as well as glossy black, the line was offered as a limited-edition which was probably one of the industry’s less necessary announcements given the very nature of the things would tend anyway to limit sales.  The ploy though did seemed to work, even at US$2,700 for the long dress and a bargain US$3,565 for the cocoon-like winter cape, demand was said to exceed supply so, even if not often worn, puffer gowns may be a genuine collector’s item.

A Dalek.

It wasn’t clear what might have been inspiration for the conical lines although the ubiquity of the shape in industrial equipment was noted.  It seemed variously homage to the burka, a sculptural installation of sleeping bags or the stair-challenged Daleks, the evil alien hybrids of the BBC's Dr Who TV series.  It also picked up also existing motifs from fashion design, appearing even as the playful hybrid of the mullet dress and a cloak.

A monolith somewhere may also have been a reference point but the puffer gown was not stylistically monolithic.  Although to describe the collection as mix-n-match might be misleading, as well as designer colors, some of the pieces technically were jackets, there were sleeves, long and short and though most hems went to the floor, the mullet offered variety, especially for those who drawn to color combination.  Most daring, at least in this context, were the sleeveless, some critics suggesting this worked best with gowns cinched at the middle.


By the time of the commercial release early in 2019, solid colors weren’t the only offering, the range reflecting the influence of Ethiopian patterns although, in a nod to the realities of life, only puffer jackets were made available for purchase.  Tantalizingly (or ominously, depending on one’s view), Moncler indicated the work was part of what they called their “genius series”, the brand intending in the future to collaborate with other designers as well as creating a series of Moncler events in different cities, the stated aim to “showcase the artistic genius found in every city”.  The venture was pursued but in subsequent collections, many found the quality of genius perhaps too subtly executed for anyone but fellow designers and magazine editors to applaud.  The shock of the new has become harder to achieve.

Saturday, April 23, 2022

Broad

Broad (pronounced brawd)

(1) Of great breadth.

(2) A quasi-standard expression of lineal measurement (from side to side).

(3) Of great extent; large; extensive, ample, spacious, vast.

(4) Wide-open; full (applied usually to daylight).

(5) Not limited or narrow; of extensive range or scope (applied to knowledge, experience etc).

(6) Liberal; tolerant (semi-institutionalized as one of the three factions of the Anglican Church (Low, broad & high).

(7) A generalized summary of something (often as broad outline); general rather than specific.

(8) Something made plain or clear; outspoken.

(9) Indelicate; indecent, vulgar (now rare).

(10) Of conversation, rough; countrified, unrefined.

(11) Unconfined; unbridled; unrestrained.

(12) In linguistics, of pronunciation, strongly dialectal; the most exaggerated of its type; consisting of a large number of speech sounds characteristic of a particular geographical area or social class.  As applied to Gaelic languages: velarized (ie palatalized).

(13) In phonetics, of a transcription, using one basic symbol to represent each phoneme; of or relating to a type of pronunciation transcription in which symbols correspond approximately to phonemes without taking account of allophonic variations.

(14) In (mostly historic US & Canadian) slang, a usually disparaging term for a women, often one that hints at promiscuity (but not prostitution); often in the plural.

(15) In film & television production, an incandescent or fluorescent lamp used as a general source of light in a studio.

(16) A type of wide-bladed battle sword.

(17) A gold coin of England and Scotland, minted first in 1656 and issued by James I and Charles I; equal to 20 shillings.

(18) As broadband, a term now vague in meaning which implies a high-speed internet connection but which has been applied to any service rated faster than the highest speed possible using a single analogue modem connected with a conventional phone line (copper pair (Cat3)).

(19) In public finance, as broad money, denoting an assessment of liquidity including notes and coins in circulation, bank holdings, most private-sector bank deposits, and certain bank-deposit certificates; usually classed as M3 in the (sort of) standardized system by which OECD countries measure the money supply.

(20) In UK dialectal use, a river spreading over a lowland (in East Anglia, a shallow lake).

(21) In woodworking, a wood-turning tool used for shaping the insides and bottoms of cylinders.

(22) In the UK, a common pronunciation of B-road (a secondary road).

Pre 1000: From the Middle English brood, brode, brod & broad from the Old English brād (broad, flat, open, extended, spacious, wide, ample, copious; not narrow), from the Proto-Germanic braidi, from the Proto-West Germanic braid, from the Proto-Germanic braidaz (broad), of uncertain origin.  It was cognate with the Scots braid (broad), the West Frisian breed (broad), the Saterland Frisian breed (broad), the Low German breet & breed (broad), the Dutch breed (broad), the German & Old High German breit (broad, wide), the Danish, Swedish & Norwegian Bokmål bred (broad), the Norwegian brei (broad), the Icelandic breiður (broad, wide), the Old Norse breiðr (breithr), the Old Frisian brēd and the Gothic braiths & brouþs.  The word is not found except in Germanic languages and there has never been any clear distinction between broad & wide although there are conventions of use but they vary widely (and presumably in some places broadly) by geographical region.  Related and sometimes synonymous words include deep, expansive, full, large, vast, comprehensive, extensive, far-reaching, sweeping, universal, wide, wide-ranging, clear, explicit, straightforward, radical, improper, indecent & roomy.  Broad is a noun & adjective, broadly is an adverb; broadness is a noun, broaden is a verb, broadening is a noun & verb and broadest & broadish are adjectives; the noun plural is broads.    

Circa 1300, broad also had the specific meaning "breadth", now obsolete, which was from broad the adjective.  The sense of "shallow, reedy lake formed by the expansion of a river over a flat surface" was a Norfolk dialect word from the 1650s and broad had assumed its (broad) meaning as "the broad (wide) part" of anything by 1741.  The broad-brim hat was first described in the 1680s and the phrase “broad-brimmed” or “broad-brimmer” was eighteenth & nineteenth slang for a "Quaker male", so described because of their characteristic attire.  Broad-minded (in the sense of open-minded, liberal, less judgmental) was from the 1590s but this abstract mental sense of broad existed also in Old English as bradnes which meant both "breadth" & "liberality".

German broadsword, Waloon pattern, circa 1650.

Some swordsmiths insist the only true broadsword is one of the “basket-hilted swords”, characterized by a basket-shaped guard at the hilt which protects the hand, an elaboration of the quillons added to swords' cross-guards since the later Middle Ages.  What everybody else now calls the broadsword is a bladed weapon of the early modern era (sixteenth-seventeenth century), the construct in Old English being brad + swurd and, exclusively a battlefield weapon, they were always distinguished from rapiers and other dueling swords by their wide and often long & thick blades.

The term broadsheet was first used to describe a newspaper in 1705 when the distinguishing characteristic was being a “large sheet of paper printed on one side only”; by 1831 the usual phrase was “"a broadsheet newspaper" which in the twentieth century evolved into a distinction between the sober publications of record, reflection and reporting (The Times of London, The New York Times, The Manchester Guardian etc) and the popular tabloid press concerned with entertainment, sport and (increasingly) celebrity culture (the News of the World, The Sun, the New York News etc), based on the former being printed in larger formats, the latter half-sized (tabloid in printer’s jargon.  Even when some broadsheets switched to the smaller format, the phraseology remained and seemed to have survived even where some have abandoned print editions entirely, tabloid journalism still something simultaneously popular and disreputable.

Lindsay Lohan on Broadway, attending the production MJ The Musical, New York, July 2022.

Broadway (like High Street or Main Road) became a common street name apparently as early as circa 1300, applied obviously to particularly wide roads or streets, the allusive use for "New York’s theater district" dating from 1881.  The derivative “off broadway” (sometime with initial capitals) described smaller theatres in the New York City area, those with fewer than 300 seats, or a production in such a theater, usually away from the "Broadway" theater district and which operated under special rules from the theatrical unions which permitted productions to be mounted at much lower cost.  Use of off-broadway was first noted in 1953 as the volume of productions began greatly to expand in the buoyant post war economy and off-off & off-off-off (etc) broadway followed, the number of “offs” hinting progressively at the diminishing size of the budget, theatre and reputations of those associated with the production.

Broadcasting in the modern understanding of the word attained critical mass first in the 1920s as medium-wave AM radio became popular as the cost of vacuum tube radio transmitters and receivers fell to affordable levels.  Broadcasting was based on the idea in agriculture of broad-sowing, the casting of seeds over a broad area and was electronic communication on a one-to-many basis, as opposed to earlier radio, telephone, and telegraph models which were one/few to one/few.  Although the technology and the distribution platforms have since much evolved, broadcasting remains conceptually the same but the technological changes have greatly affected the behavior of audiences and much of what “broadcasters” now do is really stranded narrowcasting, the content designed not for the large-scale, even nation-wide catchments which once were available but aimed instead at specific demographics also served by the narrowcasters proper.  So changed is the environment that the terms are now less useful than when there were clear distinctions between them.

Dean Martin (1917-1995) and Frank Sinatra (1915-1998) carry "strike" signs demanding "Free Broads" as part of a gag during a show at the Sands' Copa Room, Las Vegas, 1960.

Although the "rat pack" persona was cultivated as something edgy and anti-establishment, their audience was politically conservative and, by the 1960s, part of an older generation which mostly didn't approve of young people marching with protest signs.  For a couple of old pros playing Las Vegas, this was an easy laugh and, by the standards of the time, self-deprecating.

The apparently etymologically baffling use of broad to describe a woman with some suggestion of promiscuity has attracted speculation.  It’s been suggested it might be an alteration of bride, especially through influence of the cognate German Braut, which was used in a similar sense (young woman, hussy) and there was the Middle High German brūt (concubine) but, especially given it came to be noted as a generalized slang term for women only circa 1911 in US use, etymologists prefer to link the development to the earlier slang “abroadwife”, used to mean both “woman who lives or travels without her husband" and “woman maintained in another place by a man and unknown to his wife”.  It’s now a dated form, used sometimes ironically but has often been misapplied with a suggestion of prostitution.  Because of these negative associations, and the increasing popularity of women's athletics, the name of the track and field “broad jump” (dating from 1863) was changed to “long jump”, beginning in the US in 1967 and soon adopted by athletics federations worldwide.

Some broadband is more broad than others: Indicative speed (January 2022) of internet connections in selected countries based on Ookla’s speedtest.net data, the informal standard for consumer-level speed testing.

The noun broadband actually dates from the 1620s in various senses from dressmaking to engineering.  It was used in electronics from 1956 with the meaning "a band having a wide range of frequencies" but the now most familiar use is as a descriptor of high-speed internet access.  Although the term broadband had since the 1970s been used in the technical language of the then embryonic industry of networking and distributed communications, it was little known by the public until the first standards were published for Asymmetric Digital Subscriber Line (ADSL), a consumer-level version of digital subscriber line (DSL) technology.  Ever since, it’s been used in the sense of “high-speed internet” but except for some local (and usually quickly outdated) legislated definitions, it’s never had a universal or even generally accepted meaning beyond the very early implementations when it was understood to imply a connection faster than the fastest service attainable by a single (8000/8000 baud; V.92; 56.0/48.0 kbit/s down/up) analogue modem connected with a conventional phone line (untwisted copper pair (UTP-Cat3)) which was usually accepted to be 56 kbit/s.  That soon was not a great deal of help and now, unless in a jurisdiction where use of the term broadband requires the maintenance of minimum up & download speeds, it’s really just an advertising term and unless a service so advertised turns out to be so slow that the use might be held to be deceptive or misleading, is often little more than “mere puffery”.  Hotels which in the 1990s and early 2000s spent a lot of money to install the hardware and software to support what was then “broadband” which they advertised as such soon, faced complaints as rapid advances in technology rendered their infrastructure quickly obsolescent and slow, the only solution sometimes to replace all the equipment although many instead took advantage of the profit-sharing industry which emerged, third-parties handling the installation and support, the hotel taking just a commission on total revenue.  Just as a precaution, some gave up on advertising “broadband” and instead offered the even more vague “hi-speed” which definitely meant nothing in particular.     

Contemporary art museum The Broad, Grand Avenue, Los Angeles.  The building's name is a reference not to the architecture but the philanthropists Eli (1933-2021) & Edythe (b 1936) Broad, who paid for it and provided the core of the collections exhibited.  It opened in September 2015, the architecture generally well-received.

Broadcloth (also as broad-cloth) was a "fine woolen cloth used in making men's garments" and dates from the early fifteenth century, the name derived from its width (usually 60 inches (1.5m)).  The phrase “broad daylight” emerged in the late fourteenth century and broad was first applied to speech and accents during the 1530s. To be “broad in the beam” is to be overweight, the term, predictably, applied almost exclusively to women.  To have “broad shoulders” suggests an ability to take criticism, or accept responsibility, an allusion to the figure of Atlas from Greek mythology who was condemned to forever carry on his shoulders the weight of the world.  In admiralty jargon, “broad on the beam” is a nautical bearing 90° to the heading of a vessel while “broad on the bow” is a bearing 45° to the heading of a vessel.  Broadacre farming or agriculture is a generalized reference to activities undertaken on large-scale open areas as opposed to smaller, fenced enclosures and can be used to describe either cropping or animal production.  The expression, like “mileage” or “tons” has survived metrification; “broadhectare” does exist as jargon in the field of residential land supply but is not widely used.

The Anglicans

Some time ago, the ever-entertaining Anglican Church, sort of formalized their three warring factions as the low and lazy, the broad and hazy and the high and crazy:

The Low and Lazy

Like the high churchers, the low lot still believe in God but, their time not absorbed plotting and scheming or running campaigns to stamp out gay clergy and opposing the ordination of women, they actually have time to pray, which they do, often.  The evangelical types come from among the low and don’t approve of fancy rituals, Romish ways or anything smelling of popery.  Instead, they like services where there’s clapping, dancing and what sounds like country & western music with sermons telling them it’s Godly to buy things like big TVs and surf-skis.

The Broad and Hazy

The broad church is more a club than a church, something like the Tory Party at prayer.  The parishioners will choose the church they (occasionally) attend on the same basis as their golf club, driving miles if need be to find a congregation acceptably free of racial and cultural DEI (diversity, equity and inclusion).  They’re interested not at all in theology or anything too abstract so sermons are preached to please the bourgeoisie.  The broad church stands for most things in general and nothing in particular, finding most disputes in Anglicanism baffling; they just can't see what all the fuss is about.

The High and Crazy

The high church has clergy who love dressing up like The Spice Girls, burning incense and chanting the medieval liturgy in Latin.  They disapprove of about everything that’s happened since the 1662 edition of the Book of Common Prayer and believe there’d be less sin were there still burnings at the stake.  Most high church clergy wish Pope Pius IX was still running the show from Rome and some act as though he’s still there.

Of money

All will be pleased to know there is narrow money and broad money.  Narrow money includes notes and coins in circulation and bank deposits (if available to conduct transactions).  Broad money includes all narrow money and other liquid assets that can be used to buy goods and services.  Collectively, the money circulating in an economy is called money supply, movements in which are tracked and sometimes manipulated governments and central banks.  There are economists who insist the distinction between narrow and broad money is mainly theoretical and they have a point in that the relationship between national wealth and (1) physical notes and coins and (2) the notion of asset backing (such as a gold standard) are both now somewhat abstract and the money supply can now be expanded without the effects of the physical economy which would once have been inevitable but the measures are still of great interest, as is the strange fact that the actual definitions of money used by governments and central banks in major trading economies vary from country to country.

The United States

The US Federal Reserve provides only two main measures of money M1 (narrow) and M2 (broad).  M1 consists of currency in circulation, travelers’ checks of nonbank issuers, demand deposits, and other checkable deposits (eg negotiable order of withdrawal accounts at depository institutions).  M2 is M1 plus savings deposits and money market deposit accounts, time deposit accounts below $100,000, and balances in retail money market mutual funds.  The interesting thing about the US is that the Fed’s M1 & M2 excludes a lot of what most economists regards as money but it’s very difficult to estimate how much, all agreeing only that it’s big number.

The Euro Zone

The European Central Bank (ECB) publishes M1, M2 & M3, each measure becoming progressively broader.  M1 includes currency in circulation plus overnight deposits.  M2 is M1 plus deposits redeemable at notice of up to three months and deposits with an agreed maturity of up to two years.  M3 is M2 plus repurchase agreements, money market fund shares, money market paper, and debt securities issued with a maturity of fewer than two years.

The United Kingdom

The Bank of England uses four measures of money, M0, M2, M4, and M3H, M0 the narrowest, M4 the broadest.  M0 is currency in circulation plus bankers’ deposits held by the Bank of England.  M2 is M0 plus deposits held in retail banks.  M4 is M2 plus certificates of deposits, and wholesale bank and building society deposits.  The mysterious M3H is a parity device which exists to allow the Bank of England to align their reporting for statistical purposes with the money supply measures published by the ECB and this is M4 plus foreign currency deposits in banks and building societies.

Australia

The Reserve Bank of Australia used to use M1, M2 & M3 but now publishes M1, M3 & Broad Money.  M1 is currency in circulation plus bank current deposits from private non-bank entities.  M3 is M1 plus other deposits from building societies and credit unions with banks.  Broad Money is M3 plus borrowings from the private sector by non-bank depository corporations excluding holdings of currency and deposits of non-bank depository corporations.

Japan

The Bank of Japan is a monetary classicist and publishes M1, M2, and M3, where M1 is the narrowest and M3 the broadest.  M1 includes currency in circulation plus deposits.  M2 is M1, plus certificates of deposit.  M3 is M2 plus savings and deposits at financial institutions and post offices.

For countries which run modern economies with convertible currencies and a high degree of interoperability and (usually), little (at least by historic standards) in the way of exchange controls, it may seem strange that the definitions of money vary to the extent they do, the only feature of commonality really that each maintains a measurable concept of narrow and broad money.  Only a few central banks, such as the Bank of England, include a device with which those interested in such things can align the numbers more accurately to compare one with another; it’s almost as if the central banks and governments like some vagueness in the system.

There is no direct relationship between the volume of the money supply and its value expressed as purchasing power.  German children during the hyper-inflation experienced in the Weimar Republic in 1923 would play with literally trillions, using bundles of currency with a face value in the billions (of the then current Papiermark) as toy building blocks.  Although the purposes for which it was originally set up have long been overtaken by events, the Bank for International Settlements (BIS) still exists (which is interesting in itself) and although the BIS organizes interesting conferences and seminars and publish a wealth of meaty material, it’d be an interesting task for them to devise a standardized money supply model which could augment (ie not replace) the machinery to which the central banks would no doubt cling.  Even if restricted to members of the Organization of Economic Cooperation and Development (OECD), it would be an interesting data-set to align with other charts but the chances of this seem remote.  It might frighten the horses.

Friday, April 12, 2024

TikToker

TikToker (pronounced tik-tok-ah)

(1) One who is a regular or frequent viewer of the content posted on the short-form video (which, with mission-creep, can no been up to ten (10) minutes in duration) sharing site TikTok.com.

(2) One who is a regular or frequent content provider on the TikTok platform.

(3) With a variety of spellings (ticktocker, tictoker, tiktoka etc), a slang term for a clock or watch, derived from the alternating ticking sound, as that made by a clock (archaic).

(4) In computing, with the spelling ticktocker (or ticktocker), slang for a software element which emulates the sound of a ticking clock, used usually in conjunction with digitals depictions of analogue clocks.

2018: The ancestor form (ticktock or tick-tock) seems not to have been used until the mid-nineteenth century and was purely imitative of the sound of mechanical clocks. Tick (in the sense of "a quiet but sharp sound") was from the Middle English tek (light touch, tap) and tock was also onomatopoeic; when used in conjunction with tick was a reference to the clicking sounds similar to those made by the movements of a mechanical clock.  The use of TikToker (in the sense of relating to users (consumers & content providers) of the short-form video (which, with mission-creep, can be up to ten (10) minutes in duration) sharing site TikTok.com probably began in 2018 (the first documented reference) although it may early have been in oral use.  The –er suffix was from the Middle English –er & -ere, from the Old English -ere, from the Proto-Germanic -ārijaz, thought most likely to have been borrowed from the Latin –ārius where, as a suffix, it was used to form adjectives from nouns or numerals.  In English, the –er suffix, when added to a verb, created an agent noun: the person or thing that doing the action indicated by the root verb.   The use in English was reinforced by the synonymous but unrelated Old French –or & -eor (the Anglo-Norman variant -our), from the Latin -ātor & -tor, from the primitive Indo-European -tōr.  When appended to a noun, it created the noun denoting an occupation or describing the person whose occupation is the noun.  TikToker is a noun & adjective; the noun plural is TikTokers (the mixed upper & lower case is correct by commercial convention but not always followed).  The PRC- (People’s Republic of China) based holding company ByteDance is said to have chosen the name “TikTok” because it was something suggestive of the “short, snappy” nature of the platform’s content; they understood the target market and its alleged attention span (which, like the memory famously associated with goldfish might be misleading).

Billie Eilish, Vogue, June, 2021.

Those who use TikTok (whether as content providers & consumers) are called “tiktokers” and the longer the aggregate duration of one’s engagement with the platform, the more of a tiktoker one is.  The formation followed the earlier, self-explanatory “YouTuber” and the use for similar purposes (indicating association) for at least decades.  So the noun tiktoker is a neutral descriptor but it can also be used as a slur.   In February 2024, at the People’s Choice Awards ceremony held in Los Angeles, singer Billie Eilish (b 2001) was filmed leaning over to Kylie Minogue (b 1968) ,making the sotto voce remark “There’s some, like, TikTokers here…” with the sort of distaste Marie Antoinette (1755–1793; Queen Consort of France 1774-1792) might have displayed if pointing out to her sympatetic the unpleasing presence of peasants.  The clip went viral on X (formerly known as Twitter) before spreading to Tiktok.  Clearly there is a feeling of hierarchy in the industry and her comments triggered some discussion about the place of essentially amateur content creators at mainstream Hollywood events.  That may sound strange given that a platform like TikTok would, prima facie, seem the very definition of the “people’s choice” but these events have their own history, associations and implications and what social media sites have done to the distribution models has been quite a disturbance and many established players, even some who have to some extent benefited from the platforms, find the intrusion of the “plague of TikTokers” disturbing.

Pop Crave's clip of the moment, Billie Eilish & Kylie Minogue, People's Choice Awards ceremony, Los Angeles, February 2024.

There will be layers to Ms Eilish’s view.  One is explained in terms of mere proximity, the segregation of pop culture celebrities into “A List”, B List, D List” etc an important component of the creation and maintenance of one’s public image and an A Lister like her would not appreciate being photographed at an event with those well down the alphabet sitting at the next table; it cheapens her image.  Properly managed, these images can translate into millions (and these days even billions) of dollars so this is not a matter of mere vanity and something for awards ceremonies to consider; if the TikTokers come to be seen as devaluing their brand to the extent the A Listers ignore their invitations, the events either have to move to a down-market niche or just be cancelled.  Marshall McLuhan’s (1911-1980) book Understanding Media: The Extensions of Man (1964) pre-dates social media by decades but its best-remembered phrase (“The medium is the message”) could have been designed for the era, the idea being that the medium on which content is distributed should be first point of understanding significance, rather than actual content.  McLuhan’s point was that the initial assessment of the veracity or the value of something relies on its source.  In the case of pop music, this meant a song distributed by a major label possessed an inherent credibility and prestige in a way something sung by a busker in a train station did not.  What the existence of YouTube and TikTok meant was the buskers and the artists signed to the labels suddenly began to appear on the same medium, thus at some level gaining some sort of equivalency.  On TikTok, it’s all the same screen.

Ms Eilish and her label has been adept at using the socials as tool for this and that so presumably neither object to the existence or the technology of the sites (although her label (Universal Music) has only recently settled its dispute with TikTok over the revenue sharing) but there will be an understanding that while there’s now no alternative to in a sense sharing the digital space and letting the people choose, that doesn’t mean she’ll be happy about being in the same photo frame when the trophies are handed out.  Clearly, there are stars and there are TikTokers and while the latter can (and have) become the former, there are barriers not all can cross.

1966 Jaguar Mark X 4.2 (left), 1968 Dodge Charger RT 440 (centre) and 1981 Mercedes-Benz 500 SLC (right).  Only the Americans called the shared tachometer/clock a “Tic-Toc Tach”.

Jaguar had long been locating a small clock at the bottom of the tachometer but in 1963 began to move the device to the centre of the dashboard, phasing in the change as models were updated or replaced.  By 1968 the horological shift was almost complete (only the last of the Mark II (now known as 240, 340 & Daimler V8 250 models still with the shared dial) and it was then Chrysler adopted the idea although, with a flair the British never showed, the called it the "Tic-Toc-Tachometer.  Popularly known as the “Tic-Toc Tach”, it was also used by other US manufacturers during the era, the attraction being an economical use of dash space, the clock fitting in a space at the centre of the tachometer dial which would otherwise be unused.  Mercedes-Benz picked up the concept in 1971 when the 350 SL (R107) was introduced and it spread throughout the range, universal after 1981 when production of the 600 (W100) ended.  Mercedes-Benz would for decades use the shared instrument.  A tachometer (often called a “rev counter”) is a device for measuring the revolutions per minute (RPMs) of a revolving shaft such as the crankshaft of an internal combustion engine (ICE) (thus determining the “engine speed”).  The construct was tacho- (an alternative form of tachy-, from the Ancient Greek ταχύς (takhús) (rapid) + meter (the suffix from the Ancient Greek μέτρον (métron) (measure) used to form the names of measuring devices).

Conventions in English and Ablaut Reduplication

In 2016, the BBC explained why we always say “tick tock” rather than “tock-tic” although, based on the ticking of the clocks at the time the phrase originated, there would seem to be no objective reasons why one would prevail over the other but the “rule” can be constructed thus: “If there are three words then the order has to go I, A, O.  If there are two words then the first is I and the second is either A or O which is why we enjoy mish-mash, chit-chat, clip-clop, dilly-dally, shilly-shally, tip-top, hip-hop, flip-flop, tic tac, sing song, ding dong, King Kong & ping pong.  Obviously, the “rule” is unwritten so may be better thought a convention such as the one which dictates why the words in “Little Red Riding Hood” appear in the familiar order; there the convention specifies that in English, adjectives run in the textual string: opinion; size; age; shape; colour; origin; material; purpose noun.  Thus there are “little green men” but no “green little men” and if “big bad wolf” is cited as a violation of the required “opinion (bad); size (big); noun (wolf)” wolf, that’s because the I-A-O convention prevails, something the BBC explains with a number of examples, concluding “Maybe the I, A, O sequence just sounds more pleasing to the ear.”, a significant factor in the evolution of much that is modern English (although that hardly accounts for the enduring affection some have for proscribing the split infinitive, something which really has no rational basis in English, ancient or modern.  All this is drawn from what is in structural linguistics called “Ablaut Reduplication” (the first vowel is almost always a high vowel and the reduplicated vowel is a low vowel) but, being English, “there are exceptions” so the pragmatic “more pleasing to the ear” may be helpful in general conversation.

Lindsay Lohan announces she is now a Tiktoker.

Rolls-Royce, the Ford LTD and NVH

Rolls-Royce Silver Cloud II, 1959.  Interestingly, the superseded Silver Cloud (1955-1958) might have been quieter still because the new, all-aluminium 6¼ litre (380 cubic inch) V8 didn’t match the smoothness & silence of the previous cast iron, 4.9 litre (300 cubic inch) straight-six.

The “tick-tocking” sound of a clock was for some years a feature of the advertising campaigns of the Rolls-Royce Motor Company, the hook being that: “At 60 mph (100 km/h) the loudest noise in a Rolls-Royce comes from the electric clock”.  Under ideal conditions, that was apparently true but given electric clocks can be engineered to function silently, the conclusion was the company fitted time-pieces which made a deliberately loud “tick-tock” sound, just to ensure the claims were true.  They certainly were, by the standards of the time, very quiet vehicles but in the US, Ford decided they could mass-produce something quieter still and at the fraction of the cost.  Thus the 1965 Ford LTD, a blinged-up Ford (intruding into the market segment the corporation had previously allocated to the companion Mercury brand), advertised as: “Quieter than a Rolls-Royce”.  Just to ensure this wasn’t dismissed as mere puffery, Ford had an independent acoustic engineering company conduct tests and gleefully published the results, confirming what the decibel (dB) meters recorded.  Sure enough, a 1965 Ford LTD was quieter than a 1965 Rolls-Royce Silver Cloud III.  Notably, while Rolls-Royce offered only one mechanical configuration while the Ford was tested only when fitted with the mild-mannered 289 cubic inch (4.7 litre) V8; had the procedure included another variation on the full-size line which used the 427 (7.0) V8, the results would have been different, the raucous 427 having many charms but they didn’t include unobtrusiveness.

1965 Ford LTD (technically a “Galaxie 500 LTD” because in the first season the LTD was a Galaxie option, not becoming a stand-alone model until the 1966 model year).

Ford did deserve some credit for what was achieved in 1965 because it wasn’t just a matter of added sound insulation.  The previous models had a good reputation for handling and durability but couldn’t match the smoothness of the competitive Chevrolets so within Ford a department dedicated to what came to be called HVH (Noise, Vibration & Harshness) was created and this team cooperated in what would now be understood as a “multi-disciplinary” effort, working with body engineers and suspension designers to ensure all components worked in harmony to minimize NVH.  What emerged was a BoF (Body on Frame) platform, a surprise to some as the industry trend had been towards unitary construction to ensure the stiffest possible structure but the combination of the frame’s rubber body-mounts, robust torque boxes and a new, compliant, coil rear suspension delivered what was acknowledged as the industry’s quietest, smoothest ride.  Ford didn’t mention the tick-tock of the clock.