You are here

April 2009

The Crux of the Google Book Settlement

The crux of the Google Book settlement will be whether the Court effectively sanctions the creation of one de facto world digital book library, or whether it will facilitate the continued proliferation of many libraries of digital books throughout the world. 

  • Put differently, will the legal settlement of the greatest alleged book theft in world history -- de facto concentrate control over access to digital books into the hands of only one entity -- Google (the alleged copyright violator)...
  • Or will the settlement preserve the current longstanding competitive/cooperative system of  public, private, and academic libraries where control over access to books is dispersed among many independent and diverse organizations around the country and the world?  

The Internet Archive, a "non-profit library," recently petitioned the Court to try and ensure the diverse latter outcome and not the concentrated former outcome.

Yahoo earnings confirm Google taking substantial market share

Yahoo's announced earnings confirm that Google continues to take substantial search advertising revenue and profit share in the first full quarter of financial results since the DOJ blocked the Google-Yahoo Ad Partnership as anti-competitive.

  • Yahoo's owned and operated search advertising revenues fell 3% compared to Google-site search advertising revenues which grew 9% -- a 12% differential -- signalling significant market share gain by Google at Yahoo's expense.
  • Yahoo's affilitate (syndicated) advertising search revenues fell 16% compared to Google-site syndicated advertising search revenues which fell 3% -- a 13% differential -- again signalling significant and comparable market share gain by Google at Yahoo's expense.

Google's dominance of search advertising profit share is even greater than that of revenues because historically the only other publicly-traded search advertising players with significant search advertising revenues: Microsoft, AOL, and IAC/Ask.com all consistently lose money in this search advertising segment.

Is an Open Internet a Secure Internet? Open Internet's growing security problem -- Part VIII

High profile Internet security/safety/privacy problems continue to spotlight the Open Internet's growing security problem.

"Computer hacking attacks soar as gangs focus on financial data" -- FT

  • "Computer hackers stole more sensitive records last year than in the previous four combined, with ATM cards and Pin information growing in popularity as targets, according to a study..."

"Computer Attackers target popular sites in quest for profit" IBD

  • Symantec...  "found new varieties of malware rose 265% last year vs. 2007."
  • "This is about fraud and theft — I don't think there's any doubt in anyone's mind," said Dean Turner, director of Symantec's global intelligence network unit. "Where this is headed is not good for anybody."

"Computer Spies Breach Fighter Jet Project" WSJ

  • "...He spoke of his concerns about the vulnerability of U.S. air traffic control systems to cyber infiltration, adding "our networks are being mapped." He went on to warn of a potential situation where "a fighter pilot can't trust his radar."

"New Military Comand to Focus on Cybersecurity" WSJ

"Uneconomics 101" as Taught by FreePress

Uneconomics appears to be a new economic school-of-thought struggling for some credibility in Washington. 

  • FreePress, the well-known leading proponent for mandated net neutrality regulation, also appears to be the lead proponent of uneconomic thought -- as outlined in their recent letter to the House Energy and Commerce Committee on broadband consumption-based billing.

    Lessons in Uneconomic Thought as taught by FreePress:

    First, "We urge you to consider whether above-cost metered pricing for broadband constitutes an unfair business practice." (p. 3, 1st para)

Net neutrality proponents managing their networks?

Even some strong proponents of net neutrality now apparently recognize:

  • Bandwidth is not unlimited or free;
  • The real need for reasonable network management; and that
  • Internet networks can have legitimate economic reasons to -- limit bandwidth, block access, or offer slow/fast lanes -- that are not necessarily in violation of net neutrality or anticompetitive. 

An excellent New York Times article provides real world examples of the above points.

The article, which I recommend reading, explains that many Internet companies are coming to the realization that many users cost more to provide access to than an Internet advertising model can economically support.

Cracks in the Google Book Settlement

Cracks are appearing in the foundation of the Google Book Settlement, which suggests some of it may end up crumbling under the current harsh weather of public scrutiny.

The most recent crack to appear was the Court's quick rejection of Google's preemptory proposal to extend the opt-out notice period for authors for another sixty days, and quick approval of the request by a small coalition of rights holders for four more months until September 4th.  

  • This suggests that the court was not impressed with Google's effort to date to notify potentially affected authors, a key component of good faith in the proposed settlement.

An ITIF forum on the Google Book Settlement at the Library of Congress last week exposed some other big cracks in the foundation of the settlement.

The Broader Implications of DOJ's Book Settlement Investigation

The DOJ investigation of the Google Book Settlement suggests that a broader antitrust spotlight may be returning to Google.

  • Apparently the DOJ is investigating whether the Book Settlement sets a competitive or anti-competitive trajectory for the search of digitized books, and of "orphan works in particular.
    • Google argues the settlement is pro-competitive and increases access to books.
    • The DOJ's antitrust investigative scrutiny suggests otherwise. 
  • Since little involving the Internet happens in a vacuum, this antitrust investigation may have much broader implications than most appreciate for:
    • The new Administration's overall antitrust approach;
    • The FTC's oversight of behavioral advertising, and
    • The FTC/Congress' focus on online privacy.   

To start however, it is important to get an update of important facts since antitrust is so fact-driven. Recent facts only confirm and bolster the DOJ's public assessment 11-05-08 that Google had monopoly market power in search advertising and search advertising syndication.

The Data Show Competition Works! Building Upon a Strong Broadband Foundation -- Part II

First quarter financial results prove that the success of the broadband sector's facilities-based competition, is an exceptionally strong foundation on which to build a National Broadband Strategy.  (See 1Q09 results: AT&T, Verizon, Comcast and Time Warner Cable, companies are listed by revenue size.) The results show:

Pages