Internet Consolidation Can Be Good for Privacy

by Berin Szoka on January 22, 2010 · Comments

There’s been a lot of hand-wringing lately about Google’s recent acquisitions of Teracent (ad-personalization) and AdMob (mobile ads), as well as Apple’s response, buying AdMob’s rival Quattro Wireless. Jeff Chester, true To form, quickly fired off an angry letter to FTC Chairman Jon Leibowitz, ranting about how the Google/AdMob deal would harm consumer privacy with the same vague fulminations as ever:

Google amasses a goldmine of data by tracking consumers’ behavior as they use its search engine and other online services. Combining this information with information collected by AdMob would give Google a massive amount of consumer data to exploit for its benefit.

Yup, that’s right, it’s all part of Google’s grand conspiracy to exploit (and eventually enslave) us all—and Apple is just a latecomer to this dastardly game. It’s not as if that data about users’ likely interests might, oh, I don’t know… actually help make advertising more relevant—and thus increase advertising revenues for the mobile applications/websites that depend on advertising revenues to make their business models work. No, of course not! Greedy capitalist scum like Google and Apple don’t care about anyone but themselves, and just want to extract every last drop of “surplus value” (as Marx taught us) from The Worker. (Never mind that in 4Q2009 Google generated $1.47 billion for website owners who use Google AdSense to sell ads on their sites—up 17% over 4Q2008—or that Apple has a strong incentive to maximize revenues for its iPhone app developers.) Internet users of the world, unite!  You have nothing to lose but all those “free” content and services thrown at your feet! Continue reading →

Comments Posted in: Advertising & Marketing, Appleplectics, Googlephobia, Privacy, Security & Government Surveillance

2010: The Year of “Everything Neutrality”

by Berin Szoka on December 28, 2009 · Comments

As early as 1990, telecom industry observers speculated about the shift away from traditional circuit-switched telephony to “Voice Over IP” (VoIP). By the late 1990s, Internet industry observers began using the term “Everything Over IP” (VoIP) to describe the ongoing and seemingly inevitable shift towards Internet distribution of not just voice, but all forms of, audio, text and multi-media content. Today, term has become a victim of its own success:  “Of course, ‘everything’ is delivered over IP. How else would you do it?”

While this capitalist success story is among the greatest technological triumphs of our time, a similar rhetorical pattern is, unfortunately, playing out in very different arena of Regulatory Creep. The crusade for “net neutrality”  is metastasizing before our very eyes into a broader holy war for regulating “Everything” (EoIP) in the name of “protecting neutrality.” The next target is clear: search engines Google—as an op-ed in today’s New York Times makes crystal clear. Adam Thierer and I warned about this escalation of efforts to get government more involved in regulating Internet back in October in a PFF paper entitled Net Neutrality, Slippery Slopes & High-Tech Mutually Assured Destruction:

If Internet regulation follows the same course as other industries, the FCC and/or lawmakers will eventually indulge calls by all sides to bring more providers and technologies “into the regulatory fold.” Clearly, this process has already begun. Even before rules are on the books, the companies that have made America the leader in the Digital Revolution are turning on each other in a dangerous game of brinksmanship, escalating demands for regulation and playing right into the hands of those who want to bring the entire high-tech sector under the thumb of government—under an Orwellian conception of “Internet Freedom” that makes corporations the real Big Brother, and government, our savior.

Today’s editorial is only small dose of what’s to come. The floodgates will really open and let forth a great gushing rage of demands for sweeping regulation of the entire Internet under the banner of neutrality when the deadlines pass in the FCC’s “net neutrality” NPRM (comments due January 14, 2010; reply comments due March 5). Continue reading →

Comments Posted in: Broadband & Neutrality Regulation, Googlephobia

review of Ken Auletta’s Googled: The End of the World As We Know It

by Adam Thierer on December 13, 2009 · Comments

Auletta GoogledI just finished Ken Auletta’s latest book, Googled: The End of the World As We Know It, and I highly recommend it. Auletta is an amazingly gifted journalist and knows how put together a hell of good story.  It helps in this case that he was granted unprecedented access to the Google team and their day-to-day workings at the Googleplex. I’m really shocked by the level of access he was granted to important meetings and officials–over 150 interviews with Googlers, including 11 with CEO Eric Schmidt and several with founders Sergey Brin and Larry Page.  That’s impressive.

The book shares much in common with Randall Stross’s excellent Planet Google: One Company’s Audacious Plan to Organize Everything We Know, which I reviewed here earlier this year.  Both books recount the history of Google from its early origins to present. And both survey a great deal of ground in terms of the challenges that Google faces as it matures and the policy issues that are relevant to the company (privacy, free speech, copyright law, etc).

What makes Auletta’s book unique is the way we taps his extensive “old media” world contacts and integrates such a diverse cast of characters into the narrative — Mel Karmazin (former Viacom, now Sirius XM), Bob Iger (Disney), Howard Stringer (Sony), Martin Sorrrell (WPP), Irwin Gotlieb (Group M), and even the Internet’s “inventor”–Al Gore!   Auletta interviews them or recounts stories about their interactions with Google to show the growing tensions being created by this disruptive company and its highly disruptive technologies.  There are some terrifically entertaining anecdotes in the book, but the bottom line is clear: Google has made a lot of enemies in a very short time.

Indeed, the book is as much about the decline of old media as it is about Google’s ascendancy.  What Auletta has done so brilliantly here is to tell their stories together and ask how much old media’s recent woes can be blamed on Google and digital disintermediation in general. “If Google is destroying or weakening old business models,” Auletta argues, “it is because the Internet inevitably destroys old ways of doing things, spurs ‘creative destruction.’ This does not mean that Google is not ambitious to grow, and will not grow at the expense of others. But the rewards, and the pain, are unavoidable,” he concludes. Continue reading →

Comments Posted in: Googlephobia, What We're Reading

More on Fart Apps, and Soundboards Generally

by Adam Marcus on November 19, 2009 · Comments

My colleague (and boss) Adam Thierer had a great post last week about how “fart apps” are a great example of the generative nature of the mobile phone application marketplace. But Fart apps are just one type of “soundboard” application. A typical soundboard app has a bunch of buttons, and each time you press a button a sound is played. Most soundboards play catchphrases from popular movies and TV shows. According to AndroidZoom.com, there are 319 applications in the Android Market with “soundboard” in the title or description. Most (280) of them are free.

Almost all the free soundboards I tried include advertising from Google. The three main developers of soundboard apps for Android are Androidz , aspidoff, and Raz Corp. Androidz has ads from DoubleClick and aspidoff and Raz Corp (who’s apps seem exactly the same) both have ads from AdMob (which Google recently acquired). I’m all in favor of ad-supported content, but I suspect that the sound clips used in these soundboards are not licensed.
Continue reading →

Comments Posted in: Advertising & Marketing, Copyright, DMCA, DRM & Piracy, Googlephobia, Innovation & Entrepreneurship, Technology, Business & Cool Toys

The Quid Pro Quo In Practice

by Adam Marcus on September 9, 2009 · Comments

My PFF colleagues Berin Szoka and Adam Thierer have written many times about the quid pro quo by which advertising supports free online content and services: somebody must pay for all the supposedly "free" content on the Internet. There is no free lunch!

Here are two two recent examples I came across of the quid pro quo being made very apparent to users.

Hulu error message

Hulu. Traditionally, broadcast media has been a “two-sided” market: Broadcasters give away content to attract audiences, and broadcasters "sell" that audience to advertisers. The same is true for Internet video. But watching Hulu over the weekend, I noticed something interesting: Adblock Plus blocked the occasional Hulu ad but every time it did so, I was treated to 30 seconds of a black screen (instead of the normal 15 second ad) showing a message from Hulu reminding me that "Hulu’s advertising partners allow [them] to provide a free viewing experience" and suggesting that I "Confirm all ad-blocking software has been fully disabled."

Although I use AdBlock on many newspaper websites (because I just can’t focus on the articles with flashing ads next to the text), I would much rather watch a 15-second ad than wait 30 seconds for my show to resume. I think most users would feel the same way. We get annoyed by TV ads because they take up so much of our time. If Wikipedia is to be believed, there’s now an average of 9 minutes of advertisements per half-hour of television. That’s double the amount of advertising that was shown in the 1960s.

But online services such as Hulu show an average of just 37 seconds of advertising per episode. Amazingly, some shows garner ad rates 2-3 times higher than on prime-time television. Why might ad rates for online shows be higher? Because:

Continue reading →

Comments Posted in: Advertising & Marketing, Cutting the Video Cord, Googlephobia, Innovation & Entrepreneurship

“Google Bigotry,” Corporate-Bashing & Human Envy

by Adam Thierer on September 6, 2009 · Comments

Interesting piece from Jeff Jarvis about “Google Bigotry,” or his belief that “media people are going after Google’s success for no good reason other than their own jealousy.”  Jarvis argues that reporters penning hard-nosed stories about Google are, in reality, just a bunch of envious cry-babies:

newspaper people will use their last drops of ink to complain about Google’s success and try to blame it for their own failures rather than changing their own businesses. ..  It’s not just that they dislike the competition – and they do, for it is a new experience for too many of them. If they were smart, they’d use Google to get more audience and make more money but they don’t know how to (or rather, they’d prefer not to change). No, the problem is that Google represents change and a new world they’ve refused to understand.

Well, yes and no.  I don’t believe that every story penned about Google by a mainstream media reporter is rooted in envy, and certainly not the one that Jarvis alludes to as prompting him to pen this piece.  Jarvis apparently received an inquiry from a French journalist at Le Monde asking for comment about “an article about Google facing a rising tide of discontent concerning privacy and monopoly.”  That doesn’t necessarily sound like an unreasonable journalistic inquiry to me. So, I’m not sure it’s fair to accuse every journalist who calls with a hard-nosed question about privacy and antitrust as being guilty of “Google bigotry.”

That being said, some journalists are likely feeling a bit miffed about Google’s recent success, thinking it comes at their expense, and, therefore, their envy might be prompting some of them to pen attack stories on the company.  I think Jarvis in on stronger ground, however, in asserting that most privacy and antitrust complaints about Google are unfounded, and also based on envy. Indeed, Berin Szoka and I have have been cataloging the complaints that we believe are driven by an irrational form of corporate envy we call “Googlephobia.”  And in prior years we saw a similar form of Microsoft-bashing at work that we still have with us today. That’s why I think Jarvis is on to something when he notes that Google-bashing represents a broader sociological phenomenon: Continue reading →

Comments Posted in: Antitrust & Competition Policy, Googlephobia, Privacy, Security & Government Surveillance

Antitrust Law Can’t Keep Up with High-Tech

by Adam Thierer on July 29, 2009 · Comments

A key point that Berin and I try to get across in our Forbes editorial today about the Yahoo!-Microsoft deal is that the high-tech marketplace evolves too rapidly for creaky Analog Era antitrust laws to keep up. We wanted to say more on that point in our piece, but we had a tight deadline (and a strict word limit!)  Well, turns out that we really don’t need to do so now because Farhad Manjoo of Slate has done a better job than we ever could have making that point in this essay today entitled, “The Case Against the Case Against Google“:

But if the government was right on the facts [in the Microsoft case], it was wrong on the big picture. The theory behind the prosecution was that Microsoft’s mobster tactics would raise the price of software and slow down innovation. But that didn’t happen. In 2002, Microsoft settled the antitrust case with the Bush administration; it faced no substantial penalties for its years of bad behavior. At that point, it still looked unbeatable—it had the same OS monopoly, office-software monopoly, and Web-browser monopoly. And you know what happened? It got beat anyway. Many of Microsoft’s assets turned out not to matter, because upstarts like Google and old foes like Apple found ways to innovate around them.

Continue reading →

Comments Posted in: Antitrust & Competition Policy, Googlephobia

Our Forbes.com Op-Ed on Yahoo!-Microsoft Search Partnership

by Berin Szoka on July 29, 2009 · Comments

We’ve just published an op-ed over at Forbes.com about today’s big Yahoo!-Microsoft deal.
________________

Searching For Success: Web 1.0 Titans Struggle to Reinvent Themselves
by Berin Szoka & Adam Thierer

Yahoo! and Microsoft on Wednesday announced a partnership in which Microsoft’s Bing search engine technology will power search for both companies, but Yahoo! will manage advertising sales and content creation.

This should be cause for celebration as a good thing for consumers. By providing a strong competitor with a combined 28% market share, the deal should also be a source of relief at Google, which has come under increasing attack for its supposed market dominance. But if recent concerns about online search, advertising, competition and privacy are any guide, many will fail to appreciate why the deal is pro-consumer, or what it says about the rapid evolution of the Internet.

It’s easy to forget that just a decade ago most of us still hadn’t done our first Google search, Microsoft was still focused on the desktop and Yahoo! was still serving up the online equivalent of the Yellow Pages. AltaVista, AOL, CompuServe and Geocities still ruled the roost.

Today, as we enjoy the fruits of a true cyber-renaissance, cyberspace circa 1999 increasingly looks like the Digital Dark Ages: The old online walled gardens have crumbled, desktop applications have migrated to the cloud and search has redefined our experience of the Web.

Oh, and did we mention just about all of it is “free“? Sounds like exactly the sort of vigorous innovation, expanding consumer choice, falling prices and cut-throat competition that policymakers should want, right?

Alas, regulators seem stuck in the past. European officials in particular seem hell-bent on continuing the antitrust crusade of the ’90s against Microsoft, myopically focused on fading paradigms (desktop operating systems and Web browsers). But instead of narrowly defining high-tech markets based on yesterday’s technologies or market structures, policymakers should embrace the one constant of the Internet economy: dynamic, disruptive and irrepressible change.

Continue reading →

Comments Posted in: Advertising & Marketing, Antitrust & Competition Policy, Googlephobia

Wired on Google’s Coming Antitrust Nightmare

by Adam Thierer on July 21, 2009 · Comments

Great piece in Wired by Fred Vogelstein asking “Why Is Obama’s Top Antitrust Cop Gunning for Google?” It paints a pretty good picture of the coming antitrust ordeal that Google is likely to be subjected to by the Obama Administration. And, as usual, I couldn’t agree more with the skepticism that Eric Goldman of Santa Clara University Law School articulates when he notes: “The problem for antitrust in high tech is that the environment changes so rapidly. Someone who looks strong today won’t necessarily be strong tomorrow.”  More importantly, as Vogelstein’s article notes, we’ve been down this path before with less than stellar results when you look at the IBM investigation in the 70s and the Microsoft case from the 90s (a fiasco that is still going on today):

After the government initiated its case against IBM, the company spent two decades scrupulously avoiding even the appearance of impropriety. By the time the suit was dropped in the early 1980s, company lawyers were weighing in on practically every meeting and scrutinizing every innovation, guarding against anything that could be seen as anticompetitive behavior. A decade later, innovation at Big Blue had all but ceased, and it had no choice but to shrink its mainframe business. (It has since reinvented itself as a services company.)

Microsoft took the opposite approach. Gates and company were defiant, to the point of stonewalling regulators and refusing to take the charges seriously. “Once we accept even self-imposed regulation, the culture of the company will change in bad ways,” one former Microsoft executive told Wired at the time. “It would crush our competitive spirit.” Gates put it even more directly: “The minute we start worrying too much about antitrust, we become IBM.” Microsoft’s hostility to the very idea of regulation resulted in several avoidable missteps—including remarkably antagonistic deposition testimony from Gates—that ultimately helped the DOJ rally support for its ongoing antitrust suit against the company. Although Microsoft ultimately settled, the public beating appears to have taken a toll on the company, which has been unable to maintain its reputation for innovation and industry leadership.

Read the whole article for all the gory details.  This is going to be the biggest antitrust case of all-time once it is finally launched and I feel confident predicting that it will make many lawyers and consultants very, very rich while doing absolutely nothing to help consumer welfare.  But perhaps those DOJ lawyers can at least get Google to lower the prices for all those services they offer. Oh, wait, they’re all free.  But don’t worry, I’m sure Beltway bureaucrats will do a great job of running something as complex as search algorithms and online advertising markets.  Right.

Comments Posted in: Antitrust & Competition Policy, Googlephobia

Not Just Another Linux Distro

by PJ Doland on July 9, 2009 · Comments

Yesterday this list of 11 undocumented features of Google Chrome OS was posted on Woot!. It’s too funny not to share:

  1. Your family photos are accompanied by text ads for skin care and diet plans.
  2. Removes all Falun Gong references from your files.
  3. Every month, the hard drive is automatically defragged and investigated for anti-trust violations.
  4. Invests in, develops, acquires, and abandons your best ideas.
  5. Integrated tax preparation software includes “I’m Feeling Lucky” deductible button.
  6. Changes your icons daily, forcing you to look up which obscure scientific figure is having a birthday.
  7. Spends 20% of its time not doing what you tell it to do.
  8. Prevents all evil activity unless it is deemed to be for the good of the shareholders.
  9. Masseuse comes by every Monday afternoon.
  10. Constant crashes won’t bother anybody as long as it’s labeled “Beta”.
  11. “Beta” status won’t expire until 2038.

But seriously, we love Google (so please don’t lower our PageRank for my having posted that).

Comments Posted in: Googlephobia