France Punches Its Googzilla-Type Pez Dispenser Again
January 6, 2022
Some government have figured out how to generate some cash. Target Facebook and Google. Fine them. Collect the money. This is a new spin on the Pez dispenser. Punch a lever and get a snack.
We could not locate an official Googzilla Pez dispenser. However, we spotted this creature from the Black Lagoon on the Antiques Navigator Web site here. The idea is to push a button and get a healthful, nutricious sugar pellet. The digital version requires a legal document finding the target guilty of an infraction. After some legal fancy dancing, the target pays the nation state. Efficient and fun. More EU states and Russia are fascinated with the digital Pez method.
The write up “Google, Facebook Face Big Private Fines in France” explains:
French data regulator the CNIL is set to fine Google €150 million and Facebook €60 million for violating EU privacy rules…. The CNIL will fine Google’s United States and Irish operations €90 million and €60,
France is not particularly worried about the opinion of nation states like Ireland.
But the point is that the approach yields cash, bad publicity for certain US technology outfits, and fees for lawyers. Yes, lawyers.
Punch that button? Sounds like a plan.
Stephen E Arnold, January 6, 2022
More Search Excitement: Apple Google Payoff Alleged
January 5, 2022
I read “Class Action Lawsuit Filed in California Alleging Google Is Paying Apple to Stay Out of the Search Engine Business.” Now that lawyers are digitally aware professionals cades after the online money magnets began operations, interesting allegations are zipping around. I commented about the shallowness of some pundits’ understanding of the fuzzy wuzzy concept of “search.” (Chemical informatics, anyone or train movement in Ukraine?)
This news release may be a way for a law firm to generate some buzz, or it may be a valid proposition. Either way, the allegation is interesting. The source document states:
The complaint charges that Google and Apple agreed that Apple would not compete in the internet search business against Google. The complaint claims that the means used to effectuate the non-compete agreement included; (1) Google would share it’s search profits with Apple; (2) Apple would give preferential treatment to Google for all Apple devices; (3) regular secret meetings between the executives of both companies; (4) annual multi-billion-dollar payments by Google to Apple not to compete in the search business; (5) suppression of the competition of smaller competitors and foreclosing competitors from the search market; (6) acquiring actual and potential competitors.
Plus, I love the word “effectuate.”
This is worth watching. From my point of view, the effort seems like trying to alter the characters in a film like the “Wolf of Wall Street.”
Stephen E Arnold January 5, 2022
Russia Says Happy Holidays to Google
December 24, 2021
I think I have figured this out. Each month the Russia legal system fines Google some money. Think of this as a tax levied on being allowed to operate in a country not fond of certain Ukrainian officials. Come to think of it. Russia does not exactly love the Google. The first hint was the go nowhere deal for Sergey Brin to fly into space, a goal that has remained out of reach. A failure for a ride must have been as painful as the failure of the Google Glass thing.
“Russian Court Fines Google Nearly $100M Over Content” delivers the holiday news to the well managed outfit in Mountain View. What was Google’s transgression? (I know it is difficult to pick from the cornucopia of alleged missteps.) Here’s what the write up reports:
A Moscow court has fined Google nearly $100 million over its failure to delete content banned by local law.
Will Google pay? Sure, eventually.
I am interested to see what “fine” emerges in January. Won’t Russia enforcement officials pull Googzilla’s tail to collect another financial output? Apple has made clear that US companies will cut deals to do business in certain nation states. Russia’s approach is more direct: Find the Google guilty. Collect money.
Perhaps Mr. Putin will propose a more predictable approach? Is an Apply type of deal on the to do list for 2022?
What a nice way for the Russian bear to wish GOOG “Happy Holidays”!
Stephen E Arnold, December 24, 2021
Who Blinked? Googzilla or Dopey
December 20, 2021
I read “YouTube TV Drops Disney Owned Channels Including ESPN, Disney Channel, & ABC.” The Google, fresh from its negotiations with the super giant Roku, faced a more formidable negotiating team representing Disney capture team of Goofy and friends. Rumors that Darth Vader and Spiderman would participate in the discussions proved false. Dopey was not moved by Alphabet’s spelling out the realities of working with the online advertising behemoth. The write up reports one of Dopey’s assistants as saying:
We’ve been in ongoing negotiations with Google’s YouTube TV and unfortunately, they have declined to reach a fair deal with us based on market terms and conditions.
The online advertising giant’s representative, a former high school science club member, allegedly said:
We’ve held good faith negotiations with Disney for several months. Unfortunately, despite our best efforts, we’ve been unable to reach an equitable agreement before our existing one expired, and their channels are no longer available on YouTube TV….We know this is frustrating news for our customers, and not what we wanted. We will continue conversations with Disney to advocate on your behalf in hopes of restoring their content on YouTube TV.
We have heard that Dopey rejected the Alphabet request for special access to the Lightning Lane and VIP parking.
Dopey was not available for comment. The write up includes this statement:
In September, YouTube TV had a similar dispute with NBCUniversal over carriage of their local affiliates and cable channels, but were able to reach a deal without the channels going dark. They were also recently in a carriage dispute with Roku, which prevented new subscribers from downloading the YouTube TV App. The two sides reached a deal last week that saw the app return to the platform. However, YouTube TV has dropped channels in the past. Most notably, in October 2020 they dropped Bally Sports (which were Fox Sports RSNs at the time), along with Sinclair-owned Tennis Channel and Boston-based RSN NESN.
Then Googzilla and Dopey, after listening to complaints of five-year-olds saw the light saber. “YouTube TV reaches deal with Disney to restore channels including ABC, ESPN” reported that despite the gap between Googzilla and Dopey:
CNET’s David Katzmaier notes, though, that while relatively brief, the two-day blackout was an inconvenience to YouTube TV customers who wanted to watch college football (bowl season starts this weekend), the NFL or the NBA on ESPN or ABC, or a Christmas special on the Disney Channel. Katzmaier has his own take on YouTube TV alternatives for bummed-out Disney and sports fans.
Googzilla and Dopey are planning a visit to Disney World over the holidays. Separate rooms, please.
Stephen E Arnold, December 20, 2021
Journalists Unhappy with the Capitalism Thing
December 9, 2021
I read “Google, Facebook Being Sued by Over 200 Newspapers for Hogging Ad Revenue.” I want to point out that I worked for Barry Bingham Jr, who owned the Courier Journal, a printing outfit which cranked out the New York Times Sunday magazine, a mail order ham outfit, a door knob advertising company, the number one AM station in Louisville, the number one TV station in Louisville, and a bunch of other businesses like one of the leading online information companies in the world. I liked working there. I loved being part of a newspaper monopoly which was permitted to operate through some legal wizardry crafted by Barry Junior’s predecessors. Being an ambassador to England was a good deal I concluded.
Now 200 newspapers who would love to be like the now late and much lamented Courier Journal want lawyers help fix up some of the broken gears in capitalism. The write up states:
e newspaper companies are accusing the Big Tech players of “unfairly manipulating the advertising market,” which has caused direct damage to their publications as a whole. Thirty different companies are involved in the suit, which is being handled by a group of lawyers and law firms.
The issue it seems is that monopolies are okay as long as it is the traditional publishers who can have one. Yep, I miss the Courier Journal, but business has evolved into technology centric monopolies. I am not sure legal eagles, even those noted for their prowess with Microsoft Word, can do much about the present state of affairs.
And capitalism? Wow, it seems like a downer for some.
Stephen E Arnold, December 9, 2021
A Digital Don Quixote Saddles Up and Sallies Forth
December 6, 2021
I read ”Apple Takes Russia to Court over App Store Ruling.” Wow, not since my high school days have I encountered such an enchanting slice of fiction. The guide book to weird behavior and classical Spanish grammar is, without a doubt in my mind, Don Quixote. The 17th century Tim Apple is an upper class type who gets lost in a make believe world and proceeds to attack windmills. (Did you know a classmate who pronounced the title of the cherished Baekecker of wackiness as “quick oat”?)
The modern day gallant is going after Mother Russia, currently piloted by the warm, colorful lover of cuisine from the Ukraine. The write up reports:
Both 9to5Mac and RT report Apple is asking for a judicial review of a Federal Antimonopoly Service warning from August that allows developers to mention alternatives to the App Store’s in-app payment system. FAS gave Apple until September 30th to alter its policies, but the company declined to change its rules despite the threat of a fine. The opposition parallels Apple’s legal battles in the US. The judge in Epic’s lawsuit against Apple ordered the tech firm to let App Store developers point to other payment systems, but Apple appealed the injunction in hopes of a delay. The court denied Apple’s request, and the company will have until December 9th to let app makers point to other options. Apple will make exceptions to its policy for some media apps in 2022.
As I understand the links and the text above, Apple will follow Tim, its leader, into battle with a Russian institution of note, the group which prevents companies from having a monopoly in a country with a lot of time zones.
As you may recall. Don Quixote is pretty much crazy. The brave hildago catches something, maybe an early form of Covid, wakes up and is not crazy. There’s some 17th century soap opera maudlin wallowing and finally, thank goodness, the Don dies after returning to normal. Maybe?
Flash forward to the present. Tim Apple is going after the windmill of Russia’s monopoly regulator. How’s this work out? My prediction is that a Russian river tour as an off-site for exceptional app performance is not likely to be a particularly fun trip. It can be nippy in Moscow at this time of the year.
Stephen E Arnold, December 6, 2021
Xooglers Can Define Evil and Want a Judge to Validate Their Definition
December 2, 2021
I read “Google: Former Employees Sue Tech Giant for Allegedly Breaching Don’t Be Evil Pledge.” Nope, not a joke. When I first heard a real live Google spout this phrase to me at a search conference in 1999 in Boston, I thought the shy, perspiring billionaire to be was pulling my leg. I still think that the don’t be evil thing—alleged crafted by Paul Buchheit and Amit Patel — was a high school science club thing. Companies run by anyone but the Googlers had to be evil. The Googlers were a force for good. Right?
Now three employees, assisted by a mini-flock of legal eagles, want to make the company pay big bucks for pitching the don’t be evil line for years. The phrase found its way into assorted company information outputs. I thought I saw it on a Google booth tchotchke shortly after my interaction with the Google billionaire to be in Boston.
How could “real” attorneys, hired by the ultimate science club, use the phrase don’t be evil in corporate outputs? Easy. Lawyers, once housed in trailers, a kilometer from the “real” office were nuisances to be tolerated. The “good” lawyers mostly did what they were supposed to do and rolled with the sci-club.
The write up reports:
The trio had raised concerns at town halls and other forums inside Google about the company potentially selling cloud technology to immigration authorities in the United States, which at the time were engaging in detention tactics considered inhumane by activists.
This appears to be an example of evil.
Perhaps there will be some existential moments in this matter. Google will have to offer an example of being good. Who will decide? A lawyer. Hopefully a member of the high school science club and a person who understands that saying something doesn’t mean anything when money is involved in Silicon Valley.
Stephen E Arnold, December 2, 2021
Italy Gets in on the Trend: Apple and Amazon Fined
November 26, 2021
I spotted this ABC News item “Italian Competition Watchdog Fines Apple, Amazon $225M.” The “m” means million,” not macaroni, which is shaped like a small tube, not a big tube like the money pipes running into these estimable firms.
The ABC News report asserts:
Italy’s antitrust watchdog has fined Apple and Amazon a total of more than 200 million euros ($225 million) for cooperating to restrict competition in the sale of Apple and Beats branded products in violation of European Union rules.
Yep, headphones and “cooperating to restrict competition.” But headphones.
With Apple’s concern for the rights of its iPhone customers in the wake of the NSO Group’s unending publicity, it is delightful to note that Apple is a colluder.
What’s better? A friendly Amazon deal or a company which licenses its software to governments which pretty much do as they darn well please?
I think that the two actions are very much like a photo finish horse race? Too close to call.
Stephen E Arnold, November 25, 2021
Apple Cores the PR in PRivacy
November 24, 2021
I learned that Apple will allow a person purchasing an iPhone to try and repair it. Ho ho ho. Now Apple, which probably pays zero attention to the data flowing into its servers, wants to protect iPhone users’ privacy. (Are you paying attention, Google?) But there is a remarkable announcement.
Apple is taking NSO Group to court. Bold.
“Apple Sues NSO Group to Curb the Abuse of State-Sponsored Spyware” declares:
Apple today filed a lawsuit against NSO Group and its parent company to hold it accountable for the surveillance and targeting of Apple users. The complaint provides new information on how NSO Group infected victims’ devices with its Pegasus spyware. To prevent further abuse and harm to its users, Apple is also seeking a permanent injunction to ban NSO Group from using any Apple software, services, or devices.
NSO Group has been beavering away for a few years — 11 to be more precise. And where was Apple one or two years ago? Where was Apple five years ago? Yeah, Apple was not facing pressure from game developers, right to repair outfits, and elected officials.
Is it just my imagination or is Apple taking “bold” actions to demonstrate its true spirit and high moral standards?
Yeah, NSO Group and Apple. Litigation. Protecting iPhone users. I am not impressed yet. Good to its very core. Now how much is that weird little warmer thing one needs to unglue an iPhone? What about that outstanding iTunes software which just does not like old iPods? What about the iPad weirdness that wants to restore an iPad with an iPhone 8 back up? Yeah.
Stephen E Arnold, November 24, 2021
Facebook: A Buckeye for Good Luck or Bad Zuck?
November 17, 2021
Facebook is an excellent example of what happens when a high school science club “we know a lot” mentality. The company has been quite successful. Its advertising is thriving. Its ageing user base shows no reluctance to check out pictures of their grandchildren. Enterprising vendors have found Facebook classifieds an idea way to sell a wide range of products.
The Ohio Attorney General, however, does not see these benefits as material. “Attorney General Yost Sues Facebook for Securities Fraud after Misleading Disclosures, Allegations of Harm to Children.” The write up states:
Zuckerberg and other company officials, the lawsuit maintains, knew that they were making false statements regarding the safety, security and privacy of its platforms. Facebook admitted in those internal documents that “We are not actually doing what we say we do publicly.”
Was their harm? The write up says:
In roughly a month, those revelations caused a devaluation in Facebook’s stock of $54.08 per share, causing OPERS and other Facebook investors to lose more than $100 billion. Yost’s lawsuit not only seeks to recover that lost value but also demands that Facebook make significant reforms to ensure it does not mislead the public about its internal practices.
The case will take time to resolve. Several observations:
- Other “funds” may find an idea or two in the Ohio matter. Science club wizards are not comfortable when the non-science club people pile on and try to take their lunch money and their golden apple. Maybe more AG actions?
- The focus on money is more compelling than harming Facebook users. Money is the catnip for some, including OPERS-type outfits.
- Quoting the Zuck may signal that luck is running out for the pioneer of many interactions.
Net net: Worth monitoring this matter. It may come to nothing. On the other hand it may come to some settlement, just smaller than $100 billion. Jail time? Interesting question.
Stephen E Arnold, November 16, 2021
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