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Google Says Microsoft Is Driving Antitrust Review

GovTechGuy writes "On Friday we discussed news that Texas Attorney General Greg Abbott opened a probe into whether Google ranks its search listings with an eye toward nicking the competition. Google suggested the concerns have a major sponsor: Microsoft. In question is whether the world's biggest search engine could be unfairly disadvantaging some companies by giving them a low ranking in free search listings and in paid ads that appear at the top of the page. That could make it tough for users to find those sites and might violate antitrust laws. Abbott's office asked for information about three companies who have publicly complained about Google, according to blog post by Don Harrison, the company's deputy general counsel. Harrison linked each of the companies to Microsoft."

37 of 295 comments (clear)

  1. Re:The obvious by wagadog · · Score: 4, Informative

    But Google's search algorithm is published -- there's even a helpful book about it, Amy Langville's "PageRank and beyond" which demonstrates that it's no more complicated than the linear algebra you learned in your sophomore year of engineering school.

  2. Don't worry Microsoft by pookemon · · Score: 5, Funny

    When I Google "Bing" - you're first in the list of results. And second, and fourth....

    Of course that unfairly disadvantages Bing Crosby. But he's dead. Just like Windows Live Search.

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    1. Re:Don't worry Microsoft by JasterBobaMereel · · Score: 3, Interesting

      UK version of Google : "Bing" shows me the UK version of Bing first then bing.com

      UK Version of Bing : "Google" shows me google.com then google.co.uk ....

      This seems to be a trend with all my bing searches, the strictly correct but irrelevant answer first, then somewhere down the page what I actually asked for, whereas google tends to give the the relevant answer first more often than not ....

      This is probably just the way I look for things ... your experience may vary ....

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      Puteulanus fenestra mortis
  3. It's free by Anonymous Coward · · Score: 3, Insightful

    Um .. it's a free service - if you don't like it use something else!

  4. Once again Microsoft abandons innovation by kawabago · · Score: 4, Insightful

    Once again Microsoft chooses to litigate instead of innovate. I guess Bing didn't crush Google quite as firmly as Microsoft hoped so they had to find proxies to launch baseless legal attacks until they think of something else. The technology landscape would be vastly improved if Microsoft would just dissolve and go away.

    1. Re:Once again Microsoft abandons innovation by Darkness404 · · Score: 5, Insightful

      The problem is that there is no monopoly here, no lock-in. Lets see here:

      A) No "default" lock-in, fire up a new OEM computer and chances are, Google isn't the default home page or search engine. Usually its one of MS's offerings.

      B) No e-mail lock-in, Gmail supports forwarding and also standardized access via POP

      C) No phone lock-in, Android is by far the most open of the popular Smartphone OSes beating both Windows Mobile and iOS.


      The only thing Google should possibly get an Anti-trust suit is with Google Book Search but that is mostly because of how fucked-up the copyright situation is in the US and not because Google is trying to be evil.

      Being good at something so people use your site is not a monopoly, it is competition.

      --
      Taxation is legalized theft, no more, no less.
    2. Re:Once again Microsoft abandons innovation by InfiniteWisdom · · Score: 3, Informative

      I'm not arguing in favor of this investigation and don't believe the allegations, but you're wrong about the monopoly thing. A monopoly doesn't have to be complete, nor does there have to be a lock-in in order to fall afoul of anti-trust law. Standard Oil was not the only oil company, and had minor players. People were always free to buy from them. Windows was not the only operating system, you could always use Linux or buy a Mac.

      Standard Oil used its dominant position to stifle its competition. Microsoft used its dominant market share in Windows to snuff out Netscape. I don't think anyone can doubt that Google could decimate a web-based business by demoting them in search rankings.

    3. Re:Once again Microsoft abandons innovation by Sycraft-fu · · Score: 3, Insightful

      Yep, monopolies can be very much defacto situations. I mean technically, there is no barrier for entry to the search market. Just put up a website that does searches, people can use it if they like. No barrier at all...

      Except how it really works is that Google has become the one and only place most people go. It is who they trust, who they seek out, etc. What this means is that effectively, there is a nearly insurmountable barrier to entry. You have to make people aware of your site, and convince them to use it. Very hard. Could potentially be harder still since of course people find sites through Google, and Google controls a large amount of online ads. They could black list you quite effectively if they wanted to.

      These days, Google really does have control over what people see. If Google knows about it, people know about it. If it doesn't, they don't. That is very much a monopoly position. Nothing inherently wrong with that, but could be abused in many ways, and who knows may be is abused.

      I think too many starry-eyed geeks forget that just because Google and Apple don't like MS, doesn't mean that they might not be like MS in many ways. They aren't underdogs anymore, they aren't the little company fighting against the giant. They are both massive, powerful, firms with a lot of control over the markets they are in. That doesn't make them bad or anything, but does mean they deserve the same scrutiny as MS.

    4. Re:Once again Microsoft abandons innovation by Sycraft-fu · · Score: 3, Insightful

      It is exceedingly rare to find a true, 100%, monopoly. It is just difficult to control any field to that extent. People need to remember Microsoft never had 100% control. Back during the MS anti-trust days, Apple was still in business, and their ONLY market at the time was computers. 100% of their products were systems that didn't run Windows. That right there is proof MS didn't have 100% control. To have that, Apple would have had to sell no computers. Also while it wasn't popular, Linux was on the desktop then. Maybe you discount Linux because it was free but you can't discount Apple.

      So you can't say MS was a monopoly despite Apple and then in the same breath say but Google can't be a monopoly because there are other search engines.

      If we say that monopolies are only cases of 100% control, well then we might as well just stop worrying about anti-trust because that'll almost never be the case. A big company could always find some tiny competitor, maybe who only exists in a single town (and only because the company allows it) and say "See? There's competition, we don't own ALL the market!"

      If we accept that it doesn't take 100% control to be a monopoly then you can't cry "But there's other search engines so Google CAN'T be a monopoly!" Sorry, but they can. If they are isn't up to us to decide, but they clearly can, despite other engines being out there.

  5. Not Microsoft! by amiga3D · · Score: 4, Funny

    MicroSoft would never stoop to such a dirty trick. They have a long history of being open and above board in all business dealings. Just look how well they've treated the open source community over the years.

  6. Surprise suprise... by InsertWittyNameHere · · Score: 5, Informative
    ...NOT!

    * Foundem -- the British price comparison site that is backed by ICOMP, an organization funded largely by Microsoft. They claim that Google’s algorithms demote their site because they are a direct competitor to our search engine. The reality is that we don’t discriminate against competitors. Indeed, companies like Amazon, Shopping.com and Expedia typically rank very high in our results because of the quality of the service they offer users. Various experts have taken a closer look at the quality of Foundem’s website, and New York Law School professor James Grimmelmann concluded, “I want Google to be able to rank them poorly.”

    * SourceTool/TradeComet - SourceTool is a website run by parent company TradeComet, whose private antitrust lawsuit against Google was dismissed by a federal judge earlier this year. The media have noted that TradeComet is represented by longtime Microsoft antitrust attorneys, and independent search experts have called SourceTool a “click arbitrage” site with little original content.

    * myTriggers - Another site represented by Microsoft’s antitrust attorneys, myTriggers alleges that they suffered a drop in traffic because Google reduced their ad quality ratings. But recent filings have revealed that the company’s own servers overheated, explaining their reduced traffic.

    1. Re:Surprise suprise... by iserlohn · · Score: 3, Informative

      It's like all those doctors that testify on behalf of the drug companies. There is a reason why the law now requires big pharma to disclose how much money they are paying doctors in speaking fees.

  7. Re:So what? by sangreal66 · · Score: 3, Informative
  8. I have solid reason to believe Google is right. by pecosdave · · Score: 5, Interesting

    I've dealt with Greg Abbott and the rest of the Texas legal system. The Texas court system is so obviously "Justice for those who can pay for it" and Greg Abbott personally only responds to things that will give him good PR or more money flowing to him that I'm surprised there hasn't been a probe. Google is the financial jackpot.

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  9. Oh please. by technix4beos · · Score: 3, Informative

    This is a non-issue. People use google.com's website of their own volition. The search results come from Google's database, there is no hindering of businesses or anti-trust issue here at all since all of the information gleaned on the internet is already present. Google merely presents it how they deem necessary to match the search keywords.

    TL;DR: Fuck off.

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    1. Re:Oh please. by 99BottlesOfBeerInMyF · · Score: 4, Interesting

      This is a non-issue. People use google.com's website of their own volition.

      That has little or nothing to do with it. If Google is ruled to have sufficient market share for selling advertising based on search, then that gives Google a lot of power, including power to distort other markets. The law says, if they do have that power, it's illegal for them to use it to gain, including by harming competitors in other markets. Legally speaking Google cannot rank search results any way they please. They can do it according to impartial rules, but if they have large enough share, they cannot rank certain companies lower as way to gain in other markets.

      I seriously doubt, it is the case tat Google is breaking the law here. Likely this is just empty legal harassment, but hopefully the courts will determine that.

    2. Re:Oh please. by Darkness404 · · Score: 4, Insightful

      The problem is that makes no sense. Pre-digital laws when applied in the digital world make no fucking sense and to apply them is stupidity.

      Monopolies are bad in the physical world because they take limited resources and monopolize them. There are only so many oil wells in the world, there are only so much (clean) water in the world, etc. when a single company takes control of them they can charge through the roof and make everyone else pay. But this isn't like that.

      Barring government intervention in the form of software patents, there are no limited resources when it comes to ads on the web, and barring lock-in with physical things or a -huge- company taking all available IP addresses/bandwidth or something, a monopoly can't exist that harms consumers.

      The idea that any company can monopolize infinite resources is laughable. Don't like Google? Use one of their thousands of competitors. Don't like DoubleClick, advertise elsewhere.

      The internet allows for unlimited resources, you can't monopolize infinity. Just because the law says something doesn't mean its right, correct and not fucking stupid.

      --
      Taxation is legalized theft, no more, no less.
  10. Oh, come on. by pedantic+bore · · Score: 5, Insightful

    Try finding three major tech companies that aren't linked with Microsoft in some way.

    And when the link is "the lawyers hired by TradeComet include some of the same lawyers Microsoft hired to do similar work in the past" and you're getting pretty close to playing "six degrees of Kevin Bacon".

    If there's a smoking gun somewhere, this ain't it. If this is the best Google's general counsel can do, maybe there isn't a smoking gun anywhere.

    --
    Am I part of the core demographic for Swedish Fish?
    1. Re:Oh, come on. by meerling · · Score: 3, Insightful

      Gotta agree with you on this, even Apple is more closely related to Microsoft than that. :) But this is slashdot where flaming microsoft is an instinctual activity for many people no matter how (in)accurate it may be.

    2. Re:Oh, come on. by nedlohs · · Score: 4, Insightful

      They managed since the reported connection between two of them and Microsoft is that their attorneys have also represented Microsoft on anti-trust issues.

      Because you wouldn't want experienced counsel or anything like that, that's just as good as being a Microsoft subsidiary.

  11. Bollocks by Zero__Kelvin · · Score: 5, Insightful

    "Google has its hand in anti-trust proceedings against Microsoft as well. What goes around comes around."

    I think you are ignoring the fact that Microsoft is actually flamingly guilty of such antitrust. What you are saying is equivalent to saying that if someone accuses a person of rape, who actually in fact commited said rape, then it is a case of "fair is fair" if the rapist then accuses you of raping them.

    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    1. Re:Bollocks by meerling · · Score: 4, Insightful

      I think it's more along the lines that as long as the companies are legally allowed to throw lawyers and regulators at each other, they will. The whole good for the goose/gander junk. Of course, that doesn't mean it's right or ethical, much less 'good', but it is something that's done. (Some would argue that it's actually a form of underhanded evil corporate activity. IMO Google gave up their mantra a long time ago, but I wouldn't call this type of stuff evil, just scummy.)

    2. Re:Bollocks by Anonymous Coward · · Score: 3, Insightful

      Google gave up their mantra?

      Why do people keep saying that? Anyone who knows technology well knows it isn't true. Sure they're a business and they operate for profit, that's a given, but they are a lot more open and non-evil then they have to be - a lot.

      They make their own web browser (which is 99% open source), and still support Firefox.

      They still support some apps on iPhone even though Apple has been dicks to them.

      They made their mobile phone OS open source.

      They contribute lots of code back to Linux and other projects that they don't legally have to.

      They allow end-users POP/IMAP/Exchange access to email even though it allows them to avoid viewing the ads.
      They decided to use an open protocol for Messaging, and open up their servers for connecting with everyone's.
      They provide a lot of internal operational details during their Google I/O conferences which they certainly don't have to, and which competitors could certainly use.
      They have tried to negotiate with foreign governments to open things up a little more. (That's for the benefit of citizens there, not Google!).
      They have prioritized Security in Chrome and many other products, even where it costs more money.
      They take privacy seriously - Services like Latitude make it very clear what you are sharing, with who, and they remind you once a month.

      And, they haven't abused (or used) their power thus far in any kind of systematic way.

      The things people have complained about, if you look at them are very minor (Grabbing unencrypted publicly available WiFi data and taking pictures of public places) - and even those, Google didn't try to hide, but volunteered what they had done.

      I am not saying they are a bunch of Angles, but I think they are actively trying to "not be evil" on multiple fronts.

  12. Re:The obvious by catbutt · · Score: 4, Informative

    The basic idea behind PageRank may be published, but there is a lot more to do with it, such as all the logic for detecting link farms and other forms of intentional manipulation, which Google does not make public.

    There is also a ton of logic behind trying to determine in a page what is "important," and that comes down to parsing html and making inferences as to what is the "main part", what is a heading, and so on. And then there is logic for determining what is duplicate content....again a very complex problem. The list goes on. If you think this is simple or straightforward, I'd say you are highly mistaken.

  13. Re:So what? by erroneus · · Score: 5, Insightful

    Okay true. But in this case, what is being claimed is simply not likely to be true. While I trust google about as far as I can throw it (let it be known and repeated that I distrust ALL marketing/advertising companies) the claims against it are inconsistent with even the most casual observations.

    The antitrust claims against Microsoft, on the other hand, were quite valid. And, as it turns out, the remedies against Microsoft were clearly not enough as they haven't yet changed their ways fully. (For example, OEM version of Microsoft Office is mysteriously cheaper when purchased through Dell than when purchased through other sources... perhaps this is "Dell's doing" but then again, to what advantage is it to offer MS Office at a perceived discount? Certainly not the user who doesn't get MS Office and still has to pay a partial price for it as that portion of the cost is rolled into the price of the computer.) And I am sure there are lots more examples of the games they play, but it's close to my bed time and the mind is shutting down.

    I'm neither a Google fan nor one of Microsoft. But as someone from the outside, objectively I can't see where the case has merit and it just smells like more of Microsoft's dirty play. After all, this is not the first time we have heard of Microsoft's agenda being pushed by its partners and affiliates.

  14. Microsoft has learned nothing by Omnifarious · · Score: 4, Interesting

    The lesson they took away from the antitrust trial was "Antitrust is a way for competitors to use the government to interfere with your business." not "We were being evil and wrong and got into trouble for it.". The wrong lesson. They got off way too lightly and too many people were sympathetic.

    Since they took that lesson away, now they think they can do the same thing to Google. They might be right, but I hope not. Though if their allegation has merit (which I strongly suspect it doesn't) I will stop trusting Google and be pretty angry at them.

  15. Re:The obvious by Anonymous Coward · · Score: 4, Informative

    sure do. http://www.groklaw.net/article.php?story=20100904101642564

    note that it shows a: the antitrust links and b: why anyone can make a google search engine by their own choice

    Really, why should google ever publish the "how we do our job"? that's not their job, and it's not microsoft, and it's not anyone's.

  16. Well let's go straight to the source then. by symbolset · · Score: 4, Informative

    Dave Heiner, Microsoft Vice President and Deputy General Counsel. You're looking for Paragraph 6 if the whole thing is TL;DR. Completely admits they've been behind some of these hijinks at the DOJ and the European Commission, and so on.

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  17. Re:Gov't killing the market system by hedwards · · Score: 5, Insightful

    Wow, you really need to go to school or at least read up on the subject. Government antitrust laws are the only reason why we have any free market left. Adam Smith himself was very clear that antitrust regulation was necessary for a free market to exist. In a free market without such regulation you ultimately end up with a single source monopoly over absolutely every item you can buy or sell. It takes a while, but it does eventually happen as it's not in any suppliers interest to have to compete with anybody else. It's usually more profitable to sell out for a hefty fee and a percentage than to see the profits going down the drain as buyers get to haggle.

  18. Re:So what? by Omnifarious · · Score: 3, Insightful

    That is stupid. Antitrust is not about your competitors complaining about you. Antitrust is when you are so economically powerful that you can destroy the free market and create a situation in which you economically destroy anybody who competes with you.

    'What goes around comes around.' reveals a mindset in which antitrust is all part of the normal give-and-take of companies competing against each other. It isn't. Somebody has to engage in a specific set of behaviors deemed anticompetitive for it to be considered an antitrust problem. It's a market distortion, and companies accused of it aren't playing by rules in which capitalism can function properly.

    It's possible this accusation against Google is true. But I suspect it's just smoke. If it is true, I will consider Google to have done something truly evil and deserving of this investigation. And it will not be a case of 'what goes around comes around'. It will be a case of a company doing something wrong that should be punished severely.

  19. Confirmed on Groklaw... by Lorien_the_first_one · · Score: 3, Informative
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    The diversity and expression of human opinion is essential to human survival.
  20. How Do They Know? by Greyfox · · Score: 3, Funny

    All those searches from Microsoft.com for "Google Anti-trust violations"

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    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  21. So? by harlows_monkeys · · Score: 4, Interesting

    Assuming this is true, so what? Google has tried to get regulator's onto Microsoft's ass. What's wrong with Microsoft returning the favor?

  22. Googling MS by varmittang · · Score: 4, Insightful

    Does anyone else use use Google to search for something thats on a MS website? I mean, their search on their own site is so horrible in finding what I'm looking for that I use google. I can't be the only person that does this.

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  23. A simple search shows MS is full of it by similar_name · · Score: 4, Insightful

    Search 'search engines' on Bing. Google doesn't even make the first page. Although it's picture is used to define what a search engine is. lol Yeah that's an unbiased search. Search the same on Google and Bing is listed second.

  24. Even more obvious by Runaway1956 · · Score: 4, Insightful

    Even more obvious is the fact that Google doesn't have a monopoly on search engines. Obviously, Microsoft has a search engine of their own, which they have invested a lot of money into. Don't like Google, for any reason? Just use another engine: http://www.thesearchenginelist.com/ There is little reason for you to believe that list is truly "comprehensive", either. What does China have? Badu? It's not on that list. Seems ALL those search engines are English language, North American engines, so if you are fluent in some other language, you probably have even MORE choices. The fact that Google is the best for MY needs shouldn't influence people who dislike or distrust Google. They are NOT the only game in town. For Google to violate anti-trust and/or anti-monopoly laws, I believe that it must be established that they ARE a monopoly. I just can't see that. Of course, we are all aware that trials and judges can be bought, I think. Witness all the patent trolls, as well as actions brought by RIAA, MPAA, and others.

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    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    1. Re:Even more obvious by arivanov · · Score: 4, Insightful

      You misunderstand the concept of antitrust laws.

      In order for antitrust laws to take effect a company does not need to be a monopoly. It needs to have significant market power. The definition depends on regulator and leeway depends on regulator as well.

      For example regulators in the EU (except UK) and USA allow natural monopolies based around inventions and in new markets. If you invent something new and you use it to create a market or enter an existing market most regulators (except UK) will allow you to grow your company until you have SMP and sometimes even to a full monopoly provided that you stay within your market. However, if you try to leverage this monopoly to enter a new market you will get whacked on short order. Same if you try to leverage it to prevent other players from entering the market you have created.

      Coming back to Google. Google has SMP (and is not in the UK) which is achieved by natural growth and this is one of the reasons why it does not get whacked straight away. Google also is clearly leveraging its SMP position in search space to enter other markets - applications, navigation, etc. This is a different story compared to search space. There, the regulators are obliged to investigate it by law. In fact it is surprising that it is under so little scrutiny. This says volumes about their lobbying and legal arm. Actually looking at the list of job ads they dump on linkedin around here and doing some stats on the ratio of lobby, pr, legal vs engineering makes this considerably less surprising. Not surprising at all in fact.

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