Category Archives: AI

Remember When The Worst We Had To Worry About Was The Patent Pirates?


Those were the good old days
Those were the good old days
The years go by, but the memory stays
And those were the good old days

Good Old Days, Weird Al Yankovic, 1988

Twenty years ago, echoing the great Dave Stephens of Procurement Central fame, we cried about the software patent pirates plundering away your hard earned revenue as they scooped up patents from failing enterprises (or enterprises not willing to enforce them) for pennies on the filing dollar, and then sued any decently sized company that was offering software that sounded like it was covered by one of the patents in their hold, threatening to bankrupt the company with an expensive lawsuit that would be dragged out endlessly if the threatened company didn’t pay a patent licensing fee for a totally bogus patent claim. It worked well, until they got greedy and went after bigger fish who fought back and made it costly for them to make bogus claims.

When that was the worst corporate theft we had to worry about, in hindsight, it really wasn’t that bad.

Considering that today the Big AI players are stealing all of your copyrighted and corporate data and using it to train their systems in the best case, then using those trained systems to output similar derivative works for their profit in the average case, and allowing shareholders and foreign governments to access it in the worst case, the patent pirates don’t sound so bad — you had to have similar software for them to even consider targeting you!

The posts on your private sites, the published articles in major publications, and the books that took you years to write are being sucked into these LLMs without a penny of royalty to you or your publisher. If you’re an artist, they’re stealing your entire catalog from Youtube, Spotify, etc. to train their music generator app to output music that sounds like you (just with worse lyrics, off tones, and no heart or soul), and if you’re a corporate enterprise — everything on your website, in your emails, and in your private meeting notes for meetings you send your AI assistants to for note-taking purposes. Once they speech-to-text those meetings, all of the output is fed into the LLM training archive for “future improvement” before it is summarized and fed back to you.

Now, if that AI platform is owned by a company based in the USA, it doesn’t matter if the instance you’re using in the EU is hosted in the EU — US law gives them the right to access all your data at any time. And if you’re an American accessing DeepSeek … all that data is passing though Chinese government servers!

So not only are they using your information without your consent and without compensation, since the majority of the big players are in the US, they are using it without any repercussions as the US Federal Government put a 10-year moratorium on AI legislation, basically allowing these companies to steal all your data without consequence for the next decade! Because, even if they say it’s “just for training”, we all know that training data leaks out of LLMs with the right prompts in the right circumstance. There is no safe “just for training” instance, so if the data is your copyright, they’re giving it away for free. And if the data is your trade secret, its a trade secret no more!

And there’s nothing we can do! Our only hope is for every major publishing house and media company that does business in every country outside of the USA and China with copyright and IP protection legislation to launch lawsuits in those countries against these global AI companies that are stealing their IP and copyright and serving it up outside the US. Force them to defend hundreds of suits across the global stage, while lobbying other governments to create stronger protections and mandate consent before using content, and penalties for violating the law equal to at least 10X what the fair market value of the content is. Since the market won’t bankrupt these companies that shouldn’t exist based on the fact they lose more every year than 99.9% of businesses generate in revenue, let the media industry and legal systems do it.

The New Market Dilemma IV: Buyers Still Win the Battles!

Vendors and Consultants are but a small portion of the industry, and the economy … as Buyers, you work for organizations that compose the majority. The only way we’re truly going to get back to business-as-usual is if you use the vision provided by the vendors looking ahead to solutions (and not looking back to outdated manuals or just offloading their work to hallucinatory Gen-AI LLMs) to identify what clarity you need, bring in consultants to help you realize it (and the significant ROI that accompanies it), and then use your newfound “savings” to procure the best-of-breed sourcing, procurement, and supply chain visibility technology offered by the visionary vendors, as this is the technology that will help you increase productivity and significantly reduce your costs across the board and survive the AI Hype Induced Market Crash to come.

We don’t know how bad the crash is going to be, and it might be a long road to recovery that requires a significant effort and initiative on your part (depending on the size, complexity, and focus of your organization), but the starting point is clear. So here’s a simple step-by-step guide to get you on the right path.

  1. Do a real process and spend analysis.
  2. Bring in process and category experts to get you real time savings on your most time-consuming processes and your most profitable tier-1 categories.
  3. Implement workflow and process orchestration and e-Procurement systems to realize the savings.
  4. Adopt e-Sourcing to streamline and maximize the savings potential on your tier-2 categories.

REAL ANALYSIS

We’re not talking about a simple time tracking exercise on a step-wise basis based on progression points, we’re talking about real end-to-end process analysis in terms of how much actual human time is spent on each step (not just when the steps happen), why, if the process can be redesigned to take out the time-consuming steps, and, if not, if the steps can be redesigned to take less time. It’s about real efficiency, not just a bit of streamlining with thoughtless automation.

And we’re talking about real spend analysis — not just loading your AP data into a UNSPSC cube and running out of the box reports on your top 10 vendors, top 10 categories, and top 10 departments. Even if you don’t know the exact amounts, a simple internal survey will tell you those with uncanny accuracy. And it’s definitely not throwing random spend data into your LLM of choice and asking for it to find “savings”. That’s just going to run the same dumb reports and give you the “obvious” recommendations that you already know, and that for one reason or another, you can’t do because of existing contracts, specific product needs, etc.

We’re talking about loading all of your spend-related data -— AP, Invoice, Contract, Third-Party Price Indices, etc. — in a real spend analysis product that will let you slice and dice it any way you can think of so that you can identify (a) where you have made overpayments and extract refunds and (b) identify the top categories with with the most savings potential. If you haven’t done this before, you’ll want to bring in an expert. There are a few providers in this space that typically find tens of thousands, and sometimes hundreds of thousands, and occasionally millions, of dollars in overpayments within a day. The ROI is well worth the investment.

CATEGORY EXPERTS

This is especially important in categories like energy, telecommunications, utilities, and SaaS that require significant expertise that you might not have. While you might be able to negotiate a 15% cost decrease in a buyer’s market if you’re well informed, a seasoned veteran who has been negotiating these deals day in and day out for a decade (or two) will find a way to save you 30%. And when many of the firms will work on contingency, i.e. you don’t pay until the new contract is cut for an amount less than what you’re paying now, the ROI will be significant.

IMPLEMENT MODERN E-PROCUREMENT

Up to 60% of negotiated savings never materialize at many companies. If you don’t implement state-of-the-art end-to-end e-procurement systems orchestrated with your sourcing, supplier, and supply chain solutions, with price control capabilities (contract integration, punch-out price verification, authorizations for off-contract spend), you too could lose 60% of the savings you negotiated.

ADOPT NEXT GENERATION E-SOURCING

While you’ll still want to bring in the big-guns for the big savings opportunities, as the ROI will be many times what the big-guns cost you, there will be a large number of tier-2 categories where the savings opportunities, though substantial, won’t be as significant if you have to pay high-powered consultants. These are the categories where you get your best returns if you can run the events quickly, and efficiently, in house. And this is what modern e-Sourcing execution platforms allow you to do … especially on categories where you need to go back to market regularly because the volatility is too high to risk long term contracts.

The key is a modern sourcing execution platform that will let you incorporate the right amount of automation, market intelligence, optimization, analytics, and suggestion. It’s all about allowing the buyer to spend just the right amount of time to extract the value and not a second more.

The New Market Dilemma III: Consultants Need to Provide the Clarity

Just like vendors need to stand up and provide a real vision (and not AI hype), consultants need to sit down (with executives) and provide the execution clarity that will get buyers on the fast-track to procurement, organizational, industrial, and economic success. More specifically, at this time, they need to:

  • Focus on a Niche (as you can’t be experts in everything)
  • Establish Thought Leadership (not regurgitated AI hallucinations)
  • Create Brand Awareness (for you and for the client)
  • Outline an Organizational Path for Long Term Success (not just short term billing)

Focus on a Niche

In the market to come, failure is not an option and no one will want an old-school consultant who says “yes” first and figures it out later. Identify what you’re good at, how you can deliver significant value, and, more importantly, how you can identify significant value now. In the market that’s coming, sound long-term planning tends to fall by the wayside, so even though it’s the most important thing a company can do, chances are, they’re only going to spend on short-term initiatives until you prove that you can deliver the goods.

Establish Thought Leadership

There are hundreds of other consulting providers out there. If you don’t believe me, just ask your favourite AI Engine to give you 100. Why should they use you? How do they know that you know your stuff? How do they know that you’re on a path of continual improvement? How do they know that you’re focussed on being the best? If you don’t establish thought leadership, they don’t … which means that your only chance of success is if the other firms the customer is considering also don’t have any thought leadership and you want to compete on price, not on value.

Create Brand Awareness

Contrary to popular belief, you have to market, market, market. You need permanent brand visibility so that when people have a problem in your niche, they call you. This doesn’t mean expensive print ads in magazines no one looks at (despite impressive sounding circulation numbers), this doesn’t mean sponsoring expensive analyst reports year after year (especially considering that the vast majority of the A-level analysts are now long gone from the big firms), and it doesn’t mean hiring a VP of Marketing who’ll come in, use up a lot of your budget, and recommend the same-old same-old that didn’t work at the last company he was at. What it does mean is that you need to tap into the channels where your customer base already is. Speaking engagements at key low-key events (not overpriced, nosiy, trade shows with too many vendors and too little content), sponsored educational webinars for appropriate professional societies, and, most importantly, the independent educator sites (blogs, podcasts, video content) where educated, innovative, progressive buyers go for information and illumination on a daily basis.

Outline an Organizational Path for Long-Term Success

Although you need a quick-hit ROI niche to get that initial engagement, you don’t want to be seen as a one-trick pony. It’s important to have a plan that will allow you to guide your customers down a recovery path that will take them to their long term success.

The New Market Dilemma II: Vendors Need to Provide Vision — NOT HYPE!

The AI Crash is coming. The only thing we don’t know is how bad it’s going to be. Regardless, this time will be no different from Black Monday, the Dot Com Bust, or the 2008 Financial Crisis in that regardless of how bad it is, business must go on (or modern society won’t). That means we will need organizations to lead, and for that to happen, they need to start taking the lead now.

The solution today is essentially no different than the solution we we gave vendors for getting out of the 2008 Financial crisis:

  • continued new product development
  • continued spending on marketing and thought leadership (NOT AI HYPE)
  • continued workforce development
  • continued process improvement

Except the key now is to focus on real value and real capability, not BS AI just to cash in on the hype before the crash (and definitely not hallucinatory LLMs where they should never, ever, ever be used).

New Product Development

New product development that focusses on providing customers a better solution to their problems or a better fit for their desires at a great price point demonstrates:

  • you’re a well-run company and a little market hiccup (even if it is a deafening belch) is not going to hold you back
  • you realize new competitors are still entering the market every day with innovations of their own and the only way to provide lasting value is to continue to improve your solutions
  • you know the only way to make things better is to keep going, and
  • you take a level-headed approach to business with a plan to be around for the long haul

Marketing & Thought Leadership

Having the best product in the world is a moot point if no one knows it exists! This doesn’t mean you go crazy and overspend like you tend to do in a peak business year, just that you take the percentage of your budget you’d normally spend and spend it … wisely. Focussing on channels most likely to hit your target market still able, or willing, to spend, and you focus on core value and when you want to differentiate your offering, especially in high-tech or services, you focus on thought-leadership, not hype!

Marketing lets your potential customers know that you’re here for the long haul and still developing solutions that will help them lower costs, increase productivity, and maybe get out of this mess quicker. It’s also the only way to establish you as a market leader, which is key to not only being remembered when a customer has the budget, but getting the visit, request, and/or sale.

The reality is that, if you don’t market, you’re out of sight. If you’re out of sight, you’re out of mind. If you’re out of mind, you’re NOT being sought out when the customer has money.

Workforce Development

Your success all comes down to your people. Companies don’t build products … people build products. Companies don’t design winning marketing campaigns … people design winning marketing campaigns. Companies don’t think … people are the thought leaders. And if your budget is tight, you shouldn’t be adding too many bodies … when you need to add effective brainpower. And you do that by developing the staff you already have. (Which does NOT include giving them hallucinatory LLM access.)

If we’re truly moving in a knowledge and innovation economy, then you’re going to get a lot more out of educated, experienced, well-trained staff than just a body in a chair or cognitive atrophied idiots prompting hallucinatory Gen-AI LLMs that tell them to add rocks and strawberries-with-two-r’s to the mix.

The best developers can be 20 times as productive as an average developer (and can now produce a high quality, highly secure, new app at a lower cost than AI with current computing costs). The best inventors can produce 10 times as many inventions. The best thought leaders can produce market-changing ideas where an average person just produces refinements that might not even get noticed at all. Relatively speaking, if you’ve paid just a bit more to hire top talent, a few dollars on training can lead to a few thousand in productivity gains.

Process Improvement

Bring in an expert to do a complete review of your development, delivery, and operational processes to find opportunities for improvement that you won’t notice when buried in day-to-day operations.

This lowers your costs, which allows you to lower your prices, which allows you to grab more market share. You don’t necessarily have to hire a McKinsey Partner at 15K a day either … there are plenty of niche consultants who can jump in, do a focussed assessment, and net you great results for 5K a day in a couple of weeks … paying for themselves almost immediately.