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Ever since Apple’s (AAPL) co-founder, CEO and resident visionary Steven P. Jobs showed up at the Apple developers’ forum looking like a stick figure in a turtleneck, there has been talk about whether he is suffering from a recurrence of the pancreatic cancer he was diagnosed with in 2004. The latest return to that theme is a piece by Joe Nocera in the New York Times about Apple and its “culture of secrecy,” in which the columnist describes how Jobs called him and said ““You think I’m an arrogant [expletive] who thinks he’s above the law, and I think you’re a slime bucket who gets most of his facts wrong.” Jobs then agreed to talk about his health, but only if the details were kept off the record.

The central point that is up for debate is whether Steve’s health is a public matter or a private matter. When I wrote a blog post about Steve’s appearance — one of the first blogs to do so following the developers’ conference — I got criticism both in the comments section of the post and in private emails for raising the issue, which several people said was inappropriate and even “creepy.” I disagreed then and I still disagree now. As Nocera describes in his piece, it’s not clear when a senior executive’s health becomes a material factor for investors, requiring public disclosure. But as far as I’m concerned, the fact that the CEO of a public company like Apple is fighting a potentially terminal disease (if that’s true) definitely qualifies as material information.

As one brokerage analyst says in the NYT piece, “Apple is Steve Jobs and Steve Jobs is Apple.” The analyst estimates that the company’s share price would fall by as much as 25 per cent if Jobs were to “leave the company unexpectedly” (nice euphemism there). What other event could cause that kind of drop and not be considered material?

The last time the issue came up, Paul Kedrosky and I tried to come up with the names of other companies where the CEO was such a crucial part of the perceived value of the stock, and the pickings were slim indeed (Berkshire Hathaway (BRK.A) was one, as well as Virgin, and maybe News Corp (NWS).). He is inextricably linked with the company’s fortunes.

Apple might like to believe that “Steve Jobs’ health is a private matter,” as the company has said repeatedly since the issue first surfaced, and perhaps it even believes that repeating it over and over will make it so, courtesy of the legendary Jobs “reality distortion field.” But the fact remains that Steve Jobs accounts for a substantial portion of the value of a publicly-traded company, and that effectively makes it a matter of public interest, whether Apple likes it or not.

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This article has 19 comments:

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    •  • Website: http://murphymac.com
    Would have been nice to get some facts about the law in this story instead of just more conjecture. Maybe a quote from a lawyer on each side.
    Bragging about how You broke this story? Kind of sad.
    2008 Jul 27 07:24 AM | Link | Reply
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    You're a known Apple basher, so what should we expect?
    You look unhealthy. Is that beer burn?
    2008 Jul 27 08:11 AM | Link | Reply
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    Everybody seems to have forgotten that all this started because some people thought Steve looked thin and expected Apple to give a response to the subsequent rumours.
    2008 Jul 27 08:47 AM | Link | Reply
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    Another disjointed piece of writing. Let's start with your oxymoron non fact "fact" where you state:

    "the fact that the CEO of a public company like Apple is fighting a potentially terminal disease (if that’s true) definitely qualifies as material information."

    "The fact that"..."if it's true"...huh? Since the real fact has been made known that he's not fighting a terminal disease then it definitely does not qualify as material information.

    I'll restate a the real fact right here:

    The press blew way out of proportion Jobs health. His condition isn’t life threatening. The press supplemented their “reporting” with rampant speculation, this in turn fueled the rumor mill that was gleefully juiced, pumped and perpetuated by boiler room Wall Street outfits entrusted with the marching orders to smear Apple in any way shape or form. The root in a word, greed.

    Jobs is arrogant, indeed, so are many of the “reporters” and certainly bloggers that make their nickel from sensational hype.

    Also, speaking of “above the law”, if Apple were breaking “laws” there would be suits. There’s no suits out of the ordinary for an operation this size. So again, arrogant and loose reporting.

    So while Jobs may be arrogant, by definition in this case of being a hard nosed, untrusting business man (I can’t imagine why so much of Apple’s initiatives are wrapped in secret, go figure); so too he’s correct in stating that many reporters are slime buckets.

    The jokes really on the reporters and institutions that think most out here in the working world don’t get it.
    2008 Jul 27 09:01 AM | Link | Reply
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    You and your Canadian cohort are WRONG. It is no ones business concerning Steve Jobs health. You simply want the info to sling it around. AND I would watch my language because slang such as you and your "buddy" used is bad to say the least. Jobs was retorting to your verbiage. It's time you and other so called "reporters" get off the backs of well known people and let them live their lives just as you live yours. Stop trying to make a buck on others misfortunes.!!! Or else better yet try getting a real job!
    2008 Jul 27 09:59 AM | Link | Reply
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    the law that protects disclosure of peopl's personal health information is called HIPPA.
    It is against the law for anyone to disclose any person's health information. If as an investor you are that concerned about a senior executive's health, then divest yourself of the investment.
    Any person is entitled to their personal information remaining that.
    Your reasoning is absolutely absurd.
    2008 Jul 27 10:35 AM | Link | Reply
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    This whole bit is totally disgusting. People deserve privacy. I thought that was the essence of American democracy. Freedom from prying eyes.

    Fact: Some years ago Jobs went in for surgery for a procedure that (apparently) had quite high probability of success. It was indeed successful.

    Should the board REALLY have divulged that in advance? Why? As a stock holder do you really want your stock to drop radically on an outside possibility when the prognosis is good?

    Whenever you invest you take on inherent risk. People die or are suddenly and immediately disabled by heart attacks, strokes, car wrecks every day. Yes, Mr Jobs is more important to Apple than is most any other CEO. Is that a problem for you? Some free advice:

    ----- If you can't stand the heat then get out of the kitchen!
    2008 Jul 27 10:51 AM | Link | Reply
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    welshy411 -- it's HIPAA, not HIPPA, and people disclose health information without permission all the time despite the new law -- all this law has managed to protect is the paper industry



    2008 Jul 27 10:53 AM | Link | Reply
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    does steve jobs wear his seatbelt? does steve balmer smoke? or eat too many cheeseburgers? does martha stuart cliff dive? where do you draw the line?
    steve jobs used to be overweight. nobody complained about his heart attack risks then.
    lay off. just admit that you are totally wrong and move on.
    2008 Jul 27 10:53 AM | Link | Reply
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    NOW - as to this "Reality Distortion Field" crap

    That is the invention of some "clever" journalist or blogger.

    Is Jobs excited about Apple Products? You bet he is. Does he project that in his presentations? You bet he does.

    You want reality? Look at the satisfaction polls. 80-90% VERY satisfied. No other company comes close.

    Now THAT is reality!

    The distortion field is these idiot bloggers with some kind of a chip on their shoulder!

    IMHO
    2008 Jul 27 10:56 AM | Link | Reply
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    hmmm...
    When Jobs was awarded millions in options and the jet plane, etc, people talked about it as though he was ripping off the shareholders! Remember those days?
    Now the SAME voices (often) will tell you how S Jobs is worth 100 Billion of Apple's capitalized value! I guess the shareholders were ripping Steve off, huh?
    ALSO! Does anyone know Balmer's resting pulse rate, blood pressure, and cholesterol numbers? Also, is he still on Prozac ? (yes or no)
    2008 Jul 27 11:15 AM | Link | Reply
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    With no company's value(except maybe BRK) more wrapped around it's CEO than AAPL, his health is a huge issue.

    I consider AAPL's premium nonexistant without him and would not touch it for the same reason I wouldn't buy BRK for fear of Buffett leaving soon.

    AAPL fanatics can have their religion and protect Jobs, I just want the money - why else buy a stock?
    2008 Jul 27 12:16 PM | Link | Reply
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    Of course his health is of interest, but until it makes him unable to discharge his duties in the long term, shareholders have no right to a single detail of Steve's health information. Anyone who feels this information is vital to their decisions to hold AAPL, should not be investing in AAPL. Steve could decide to quit and go fishing any day he pleases, and his thoughts on the matter are also none of your business. The CEO of a company you hold shares in, is not your slave or servant. He is a human being with the same rights as you.

    Even if Steve had a cancer, it is still not your business, until it makes him unable to discharge his duties. I have every confidence that Steve and the board are and will follow the law and the best interests of Apple in this matter. But pseudo journalists like yourself and Nocera will no doubt continue to behave with the intelligence and moral integrity of the National Inquirer.
    2008 Jul 27 12:17 PM | Link | Reply
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    Actually, I don't agree that it's public business.

    Just because the stock would take a hit - even a 25% hit - were Jobs to leave, doesn't necessarily mean that such a hit is based in reality. I don't think that the value of Jobs is 25% of Apples value. Yes, he's a fantastic CEO with gobs of vision, but the realignment of Apple has already taken place. The big part of that job is done. Does anyone actually believe that Apple will not be a major player - a bigger major player - in computing devices and mobile? Jobs big contribution was creating a culture that understands that consumers want simplicity and elegance in technology, and he's created a team of people who understand this implicitly. That's not going away.

    So, Jobs is entitled to his privacy. And when he goes, he goes. Just because the market reacts doesn't mean that this is based in reality...
    2008 Jul 27 01:25 PM | Link | Reply
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    Simply, in my personal opinion... you are a scumbag! This is America land of the FREE. It is an individual choice to make private matters public. Maybe you forget why our Armed Forces are in the Middle East. You can take a lesson from Randy Pausch, author of The Last Lecture (who just recently passed away.)
    uk.youtube.com/watch?v...

    May karma find its way into your life.

    HH
    2008 Jul 27 02:08 PM | Link | Reply
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    What if S Jobs told the public he had to have a routine operation before he did and then came out of it fine? How big a difference is that compare to now? Not much...So the issue is not whether his health is a public concern because if the operation was life threatening that rendered him unable to perform his duty as a CEO, then shareholders should know about it.

    What the some of the press insist on that is outrageous is S Jobs discloses everything about his health or better yet his entire health record and maybe his doctors' credentials as well. Not even George W Bush deserves this kind of scrutiny. But I think that the media knows this...I think you know that there is no news here.

    The fact of the matter is that some Apple investors are too emotional and quick to react to any negative implications about Apple or S Jobs plays right into your hand. No other company in the world provoke such hatred and love more than Apple. We need to ask ourselves why is that....
    2008 Jul 27 03:12 PM | Link | Reply
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    Actually Steve just looked thin next to Phil. :)

    May everyone live long and prosper!

    2008 Jul 27 06:04 PM | Link | Reply
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    Mr Jobs is a private citizen and has the same right as any citizen to doctor/patient confidentiality. That's it, period!
    I am curious as to whether he might have had a "bug" at the time the company reported he had a "common bug", because otherwise they may have been telling a falsehood.
    I think we do have a right to speculate, even though it has been a bit much IMO.
    Here's to good health Mr. Jobs and continued success at Apple.
    2008 Jul 27 11:25 PM | Link | Reply
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    Here's something you don't get. While you and others may "like" to know Jobs' health. No one or even Apple has the right to know his private health issues unless he can't perform his duties under his contract with Apple.

    So Apple is unable to disclose something it isn't entitled to know and does not know in the first place unless and until Jobs has something to say about it.
    2008 Jul 27 11:31 PM | Link | Reply