From left, Tim Stuart, chief financial officer of Xbox at Microsoft; Phil Spencer, Microsoft’s CEO of gaming; and Microsoft finance chief Amy Hood arrive to court in San Francisco on June 29, 2023.
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Microsoft’s finance chief advised employees not to “build a gold toilet” during a 2018 meeting, according to emails that came up during federal court hearings last month over the software maker’s planned Activision Blizzard acquisition.
The quip might invoke a 2016 social-media claim (proven false by Snopes) that former President Donald Trump owned a solid gold toilet. Rapper MC Hammer reportedly did too. Whatever inspired it, the reference seems to highlight the potential for richly valued technology companies to build products just because they can, ignoring the likelihood that they won’t resonate with many customers.
“Amy’s words from the meeting in the Fall still ring in my ears – ‘don’t build a gold toilet,'” vice president Catherine Gluckstein wrote in a February 2019 email to Phil Spencer, CEO of gaming at Microsoft. Gluckstein works on advertising and the cloud-based game-streaming service formerly known as xCloud.
A Microsoft spokesperson declined to elaborate on Hood’s remarks.
Immediately before the toilet comment, Gluckstein mentioned Microsoft’s plans to test xCloud with consumers. She noted that she was unclear on what Microsoft was trying to determine with the tests and where the feature would fit in with Xbox’s go-to-market strategy.
“I’ve made that mistake on too many products, and I’m sure everyone else has too, when we’ve built features before we answered the core questions,” Gluckstein wrote.
Spencer wrote in reply that mobile gamers don’t necessarily want to play a hardcore game such as Halo on their phones while using an Xbox controller over Bluetooth.
“This is building the gold seat (for our existing TAM),” Spencer wrote. “It doesn’t help us grow.”
Perhaps Microsoft ought to stop what it was doing and start picking up intellectual property and releasing mobile games, or it could acquire a mobile game publisher such as Nexon, Spencer added.
When Gluckstein responded, she wondered about lesser forms of in-house development that Microsoft could explore.
“What struck me is are we trying to run one perfect experiment when perhaps we should be running multiple ‘ceramic toilet’ experiments (smaller scope, more scrappy),” Gluckstein wrote. “Would this be a better way to move on from ‘guessing.’ Are we pushing ourselves to learn the customer WHY fast enough?”
Microsoft moved forward with xCloud beta testing in late 2019. But over five days of court hearings in June, Microsoft executives testified that xCloud, now known as Xbox Cloud Gaming, has failed to become a viable alternative to PCs or Microsoft’s Xbox consoles, where games can run locally. Earlier this year Google shut down Stadia, its take on game streaming.
Microsoft hasn’t given up on cloud gaming. But it’s also chosen to grow through dealmaking. Last year the company announced its intent to buy Activision Blizzard, which makes mobile hit Candy Crush Saga, for $68.7 billion. A federal judge will decide if Microsoft can close the transaction, despite objections from the Federal Trade Commission. British regulators have also tried to block it.
Read the emails from Spencer and Gluckstein regarding Hood’s “gold toilet” comments below.
People walk past an Amazon Fresh store in Washington, DC, on August 26, 2021.
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Amazon plans to close all of its Fresh supermarkets in the U.K., in the latest recalibration of its grocery strategy.
The company said in a Tuesday blog that it’s preparing to close all 19 of its Fresh U.K. stores, “following a thorough evaluation of business operations and the very substantial growth opportunities in online delivery.” Five of the Fresh locations are expected to be converted into Whole Foods stores, Amazon said.
Amazon opened its first Fresh location outside the U.S. in London in 2021, about a year after it debuted the store concept in the Woodland Hills neighborhood of Los Angeles. Fresh stores offer cheaper prices and more mass-market items compared to Whole Foods, the upscale supermarket chain Amazon acquired for $13.7 billion in 2017. Many of the stores also feature Amazon’s cashierless “Just Walk Out” technology.
The Fresh store pullback in the U.K. comes as Amazon has continued to adjust its grocery ambitions. The company has slowed expansion of its Fresh grocery chain and Go cashierless stores in the U.S. It still maintains 500 Whole Foods locations and has opened mini “daily shop” Whole Foods stores in New York City.
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At the same time, Amazon CEO Andy Jassy and other company executives have touted the success of sales of “everyday essentials” within its online grocery business, which refers to items like canned goods, paper towels, dish soap and snacks.
Jassy told investors at the company’s annual shareholder meeting in May that he remains “bullish” on grocery, calling it a “significant business” for Amazon.
The company on Tuesday also said that it plans to offer same-day delivery of groceries, including perishable items, in the U.K. beginning next year.
The Chinese electric car manufacturer BYD presents its models at the Open Space Area during the IAA Mobility in Munich, Bavaria, Germany, on September 12, 2025.
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BYD has a backup plan if it gets cut off from the Nvidia chips it currently uses in its cars, a top executive at the Chinese electric carmaker told CNBC on Tuesday.
Stella Li, executive vice president at BYD, said the company had not received any directive from the Chinese government to stop using Nvidia chips — but if it did, it has a plan B.
“Everybody has a backup. BYD has [a] backup,” Li told CNBC’s Dan Murphy.
Li declined to expand on what the plan is, but she pointed to the Covid-19 pandemic during which there was a global shortage of semiconductors which badly affected the auto sector. BYD had “no issue” at the time because it developed a lot of its technology in-house, he said, so it was able to source alternatives quickly.
Indeed, BYD has sought to have control over large parts of its supply chain, from manufacturing its own cars to developing its own batteries.
“We have a lot of strong … even deeper technology in-house, so we always have backup,” Li said.
Nvidia, whose chips underpin much of the world’s artificial intelligence development, has been caught in the crossfire amid U.S.-China tensions. The company’s H20 AI chip — designed specifically to comply with U.S. export restrictions to China — was first banned, then permitted to be sold in China this year after a revenue-share deal between Washington and Nvidia.
Nvidia designs an entirely different set of semiconductors for cars, however.
One of Nvidia’s systems, Nvidia Drive AGX Orin, is designed to enable cars to carry out some driving tasks autonomously. BYD is a customer of this product.
There is no indication so far that the Chinese government is looking to ban this Nvidia system.
Li said BYD had not been told to stop using any Nvidia products, adding it was unlikely that Beijing would ban the U.S. firm’s auto chips.
“I don’t think any country will do that, because this automatic will kill Nvidia,” Li said. “So Nvidia now is the highest market value company, so if they lose the big market from China … nobody wants to see this.”
Amazon and the Federal Trade Commission are squaring off in a long-awaited trial over whether the company duped users into paying for Prime memberships.
The lawsuit, filed by the FTC in June 2023 under the Biden administration, alleges that Amazon deceived tens of millions of customers into signing up for its Prime subscription program and sabotaged their attempts to cancel it. Amazon has denied any wrongdoing.
The trial is being held in a federal court in Seattle, Amazon’s backyard. Jury selection began Monday and opening arguments are slated for Tuesday, with the trial expected to last about a month.
Launched in 2005, Amazon’s Prime program has grown to become one of the most popular subscription services in the world, with more than 200 million members globally, and it has generated billions of dollars for the company. Membership costs $139 a year and includes perks like free shipping and access to streaming content. Data has shown that Prime members spend more and shop more often than non-Prime members.
Amazon founder and executive chairman Jeff Bezos famously said the company wanted Prime “to be such a good value, you’d be irresponsible not to be a member.”
Regulators argue that Amazon broke competition and consumer protection laws by tricking customers into subscribing to Prime. They pointed to examples like a button on its site that instructed users to complete their transaction and did not clearly state they were also agreeing to join Prime for a recurring subscription.
“Millions of consumers accidentally enrolled in Prime without knowledge or consent, but Amazon refused to fix this known problem, described internally by employees as an ‘unspoken cancer’ because clarity adjustments would lead to a drop in subscribers,” the agency wrote in a court filing last week.
The FTC says that the cancellation process is equally confusing, requiring users to navigate four webpages and choose from 15 options — a “labyrinthian mechanism” that the company referred to internally as “Iliad,” referencing Homer’s epic poem about the Trojan War.
Amazon has argued that the Prime sign up and cancellation processes are “clear and simple,” adding that the company has “always been transparent about Prime’s terms.”
“Occasional customer frustrations and mistakes are inevitable — especially for a program as popular as Amazon Prime,” the company wrote in a recent court filing. “Evidence that a small percentage of customers misunderstood Prime enrollment or cancellation does not prove that Amazon violated the law.”
A crackdown on ‘dark patterns’
The FTC notched an early win in the case last week when U.S. District Court Judge John Chun ruled Amazon and two senior executives violated the Restore Online Shoppers’ Confidence Act by gathering Prime members’ billing information before disclosing the terms of the service.
Chun also said that the two senior Amazon executives would be individually liable if a jury sides with the FTC due to the level of oversight they maintained over the Prime enrollment and cancellation process.
Amazon’s Prime boss Jamil Ghani and Neil Lindsay, a senior vice president in its health division who previously oversaw Prime’s technology and business operations, are named defendants in the complaint.
Russell Grandinetti, Amazon senior vice president of international consumer, is also named in the suit, but Chun argued he had “less involvement in the operation of the Prime organization” compared to Ghani and Lindsay.
Chun also scolded attorneys for Amazon in July for withholding thousands of documents from the FTC and abusing a legal privilege to shield them from scrutiny. Among the documents was a 2020 email where Amazon’s retail chief Doug Herrington said “subscription driving” was a “shady” practice and referred to Bezos as the company’s “chief dark arts officer.”
Representatives from Amazon didn’t immediately respond to a request for comment.
Amazon also faces a separate lawsuit brought by the FTC in 2023 accusing it of wielding an illegal monopoly. That case is set to go to trial in February 2027.
The Prime case is part of the FTC’s broader crackdown on so-called “dark patterns,” which it began examining in 2022. The phrase refers to deceptive design tactics meant to steer users toward buying products or services or giving up their privacy.
The agency brought a similar dark patterns lawsuit against Uber in April, accusing the ride-hailing and delivery company of deceptive billing and cancellation practices tied to its Uber One subscription service. Uber has disputed the FTC’s allegations.
Earlier this year, it reached settlements with online dating service Match and online education firm Chegg over claims that their subscription practices were deceptive or hard to cancel.