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FTC To Recommend Antitrust Case Against Google

NeutronCowboy writes with news that a majority of top staff members from the U.S. Federal Trade Commission have become convinced that Google "illegally used its dominance of the search market to hurt its rivals." The FTC is now drafting a memo that recommends the U.S. government begin an antitrust case against Google. "The agency’s central focus is whether Google manipulates search results to favor its own products, and makes it harder for competitors and their products to appear prominently on a results page. ... The memo is still being edited and changes could be made, but these are mostly fine-tuning and will not alter the broad conclusions reached after an inquiry that began more than a year ago, said these people, who spoke on the condition that they not be identified. ... The FTC staff memo does not mean that the government will sue Google for antitrust violations. Next, the vote of three of the five FTC commissioners would be required. And each step is a further prod for Google to make concessions to reach a settlement before going to court. Last month, Jon Leibowitz, chairman of the FTC, said a final decision on whether to sue Google would be made before the end of this year.

112 of 195 comments (clear)

  1. What? by Anonymous Coward · · Score: 2, Insightful

    If you were in the business of advertising...

    Wouldnt it be 100% your control AND your business to do exactly this? determine which ads to put where and why to get the best result?

    Google is being investigated for doing their job... lol

    1. Re:What? by aliquis · · Score: 2

      Rather seems like if (from the summary, I don't read articles ..) say I search for smartphones Google may give me an Android hit rather than an iPhone hit first?

      As in since most people use their search engine they can also make it so people choose their products because they get a better place.

      (I search for mail and gmail shows up and so on.)

      I can kinda get that point. But if they put their own hits in "recommended" (maybe not), sponsored or Google products bubbles separate from the other hits I think that should be ok.

    2. Re:What? by bhagwad · · Score: 2

      Shouldn't a complaint from at least one customer be a basis for an anti trust suit given that this is meant to prevent harm to consumers? I'm getting the feeling here that the only people doing the complaining are the competitors.

    3. Re:What? by the_B0fh · · Score: 2, Informative

      you can decide what is the best search result (for example, you search for phone upgrade from an android and it sends to to an android comparison site, and if you search from an iphone it sends you to apple), but you cannot manipulate the results so that the best result is what helps your *OTHER* businesses, such as a search for a review on a local restaurant goes to your places site instead of other more popular sources.

      This will be interesting. Microsoft was crucified for giving away a browser for free, to kill the Netscape browser, to kill the Netscape web server, so that Microsoft can maintain it's Windows monopoly.

      Google gave away Android for free... What is the difference?

    4. Re:What? by bhagwad · · Score: 2

      There was nothing wrong with Microsoft giving away IE free per se. The problem what that it unfairly gave IE advantages that other browsers couldn't take advantage of. From the Wikipedia page:

      "It was further alleged that this restricted the market for competing web browsers (such as Netscape Navigator or Opera) that were slow to download over a modem or had to be purchased at a store. Underlying these disputes were questions over whether Microsoft altered or manipulated its application programming interfaces (APIs) to favor Internet Explorer over third party web browsers, Microsoft's conduct in forming restrictive licensing agreements with original equipment manufacturers (OEMs), and Microsoft's intent in its course of conduct."

      This is worlds apart from Google giving away stuff for free. Competitors are a click of the mouse away - there's no lock in. Only one person decides whether to use Android/Google or not the customer. No other forces make that decision.

    5. Re:What? by larry+bagina · · Score: 2

      Google's customers are advertisers. Some of them are complaining.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    6. Re:What? by bhagwad · · Score: 1

      Any link to elaborate on that?

    7. Re:What? by graffatcolmingov · · Score: 2

      Using your example, I searched for mail. The top 3 results (in order) were: 1 mail.com, 2 Yahoo! Mail, 3 GMail. Maps bring Google up first, but that's logical because they've spent so much money on their maps service. XMPP, brings up Wikipedia first, while Talk brings up talk.google.com first. None of them show up in recommended, but at the same time, in the last case there are no competitors (that I'm aware of) so that isn't exactly anti-competitive. In the second case, that might be anti-competitive but IANAL.

    8. Re:What? by nschubach · · Score: 3, Informative

      Hell, I searched for Smartphone and I got a wiki article on smartphones, CNET review of smartphones, and an AT&T site that lists iPhone first. On the side bar "Shop by Brand", in this order, Blackberry, Samsung, Apple, HTC, Nokia. If they were "stuffing the ballot", wouldn't Nexus be at least front page?

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    9. Re:What? by CrashNBrn · · Score: 2

      Except, back then (2001) Opera (v5) was only a 2.2MB download ... on the other hand Mozilla was what 20-25MB and took 2-5 hours to download on dialup.

      Of course now-adays, Firefox and Chrome have reamed their user-interface, IE has too to some extent ... Opera while still as customizable as ever has gotten more and more unstable version after version - starting around v9.

    10. Re:What? by Insanity+Defense · · Score: 2

      Not quite. Microsoft used its existing Windows monopoly to create a browser monopoly and in that they convicted themselves. How is Google using its search monopoly to create a mobile monopoly? How does Google Search push Android and exclude competitors? Showing competitors lower down the page isn't the same as not showing competitors.

    11. Re:What? by bondsbw · · Score: 1

      This sounds like how Apple restricted other browser apps from using the Nitro Javascript engine.

      For that matter, Apple has removed certain apps from their App Store just because they compete with built-in apps. How are they not on the hook for monopolistic behavior?

      (This coming from a guy who overall likes Apple and owns several of their products. But I like competition more than I like Apple.)

      --
      All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
    12. Re:What? by Anonymous Coward · · Score: 1

      Consider "Lady Gaga". If you search for that in Google, you get a hugely prominent and Google+ link (4 million followers) in the right column. Depending on your screen size, you'll get a rather plain and somewhat buried Twitter link toward the bottom of your page (30 million followers). And if you scroll down a ways, you'll see an intentionally information-free link to Facebook (53 million followers).

      Formatting aside, the same content goes to the G+ and Facebook page, the only reason the G+ page gets better placement is because Google owns it.

      Google is definitely promoting their own products over their competitors, simply because they're their own products. The interesting question is whether that's a bad (and/or illegal) thing or not.

    13. Re:What? by Americano · · Score: 1

      Apple does not have a monopoly that it is leveraging in one market to give itself an advantage in another.

      It has no monopoly on mobile phones, or mobile phone applications, or mobile phone operating systems. It runs the App Store, and is free - until and unless it becomes a monopoly in the mobile space and runs afoul of antitrust regulations - to set its own terms & conditions on what products it will and will not sell in its app store.

      Is it crappy that they do this? Yes, it'd be nice if they would open it up more and allow greater competition in apps & app stores. I think most people would stick with the App store simply because it'd be the default... but having the choice would be a nice thing.

      But - Is it illegal? No. It's no more illegal than the fact that the local coffee shop will sell me a Pepsi, but not a Coke, and will also cheerfully recommend that I go to Starbucks across the street if I want a triple mocha half-caf venti soy cappucino with stevia - because "all we sell here is regular coffee, sorry."

    14. Re:What? by Anonymous Coward · · Score: 2, Interesting

      They end up promoting things that they have a lot of data about (there was a realtime search that searched twitter, it was awesome. Twitter ended the agreement and it went away). Facebook and twitter have thrown fits and actively blocked googlebot from their sites for a lot of things, and even if they didn't, that site (www.facebook.com/ladygaga) when I fetch it with wget returns a crapton of javascript (referring to 'bootloader' and stuff like that) and no actual information - to index the visible content of the page, google would likely have to run a web browser and execute the javascript (and this assumes that the javascript doesn't pull stuff from the sites blocked to Googlebot by robots.txt). I don't think they tend to do that.. Curl won't even grab it.

    15. Re:What? by nedlohs · · Score: 1

      One was a monopoly and one was not?

    16. Re:What? by aliquis · · Score: 1

      I didn't mean that's what happened, I have no idea what they have reacted to or assume Google do, it was an example of what it could mean/they react to so to speak.

    17. Re:What? by ganjadude · · Score: 1

      Pretty much. I mean when I go to buy groceries, The store brands are always out front and forward. We need to break up shop rite!

      --
      have you seen my sig? there are many others like it but none that are the same
    18. Re:What? by Elldallan · · Score: 1

      Something as heavy handed as"not showing competitors" isn't required to be open to an antitrust case, whats required is a lot less severe behavior.
      The only thing that is required is that you use your dominant market position to gain benefits in a different market, so that means unless Google treats everybody else exactly the same as it treats it's own products or it treats it's own products worse then Google is using it's dominant market share in search to gain an advantage in whatever else and are thus in violation of antitrust laws.

    19. Re:What? by Elldallan · · Score: 1

      That depends entirely on how you define a market. Sure iTunes have a monopoly in the iTunes market but does it have a dominant market share in digital music sales? Probably yes. But does it have a dominant market share in music sales digital or otherwise?
      Also how do define the limits to a market, is it global? or is it EU only? or US only? or is it 1st world countries only?
      A lot of these questions depends on in which jurisdiction you are and what sort of business you are running and how that relates to the market because will the EU think it relevant that you don't have a global dominant market share if you have say a 98% market share within EU?

    20. Re:What? by b4dc0d3r · · Score: 1

      On the other hand, I spent 45 minutes tonight trying to search for what the dial does on an HDTV antenna. Fine tuning knob they say. It allows you to fine-tune something so your something comes in better. Every hit was either a review or some shopping site.

      I even removed some by adding "-purchase -buy -store" and the top 5 never changed. I don't want to buy it, I want to know what the fuck it does.

      In the AltaVista days, I could find what I wanted in the first page. Northern lights, I could find it in the top 5. Before Google's IPO, I always told people I could find what they couldn't because I "knew how to program google". The search term(s) are the important part.

      Today's google just doesn't have that edge. It tries to infer what you want, and it skews the result towards adverts. I have an advert running on OTA tv which says that Google reps will be in town. 80% of moms google something after being exposed to an ad. Grow your business, attend the whatever it is.

      I'mma tell you, like Wu told me. Cash rules everything, around me.

      I even resorted to Bing last week. To see which was better. Bing found some things Google didn't. And it pains me to say that, partly because Bing is a stupid name, and partly because Microsoft did something right. Outside of their developer tools, I can't compliment MS beyond being in the right place at the right time.

      If I can't find out how something works because Google wants me to buy something with their referring, something is either wrong with Google, or wrong with the internet.

      I'd say it was the internet, but given Google's local advertising, I'm leaning towards Google again.

    21. Re:What? by Americano · · Score: 1

      Are you having a stroke?

      "competing media players from itunes"? You can buy from itunes, and load those songs in any other media player that supports AAC format. You can buy from other stores, and load them easily into itunes (and thus into your ipod, ipad, itunes match, etc.)

      You want a competitor for iCloud? Google drive. Dropbox. Amazon's storage locker service.

      iMessage? Aol IM. MSN im. Sametime. Jabber. Yahoo IM. skype. A host of others.

      iTunes cloud match - Google Play service, and I'm sure there are others.

      You're free to implement your own service that will interoperate just fine - sell media files in mp3, aac, flac, alac, or other compatible formats. Nobody's stopping you, not even Apple. They have nowhere near a "monopoly" - or even, realistically, a "majority market share" in any of the markets you just described. The only way they are a monopoly is if you define "monopoly" so narrowly that every company is a monopoly by virtue of the fact that they are the ones who write their software and build their services. Oh noes, twitter has a monopoly on twitter! Facebook has a monopoly on Facebook! Toyota has a monopoly on Toyota-branded vehicles and parts! Whatever shall we do?!

      I really don't think you've bothered to think through your point, because it's a LAUGHABLY inept attempt to prove some sort of monopoly status exists. And it fails on every level.

    22. Re:What? by jbo5112 · · Score: 1

      For radio antennas there are tuners to match the impedance of the antenna to what the radio is built for. I assume it's the same on a TV antenna for digital TV, just with everything built in, but I'm too tired to look past the first 5 search results for someone else's question. Also, some antennas are amplified, with a knob to adjust the amplification level instead of or in addition to a fine tuning knob.

      b4dc0d3r seems to have lost his edge. Maybe he turned on Do Not Track and now gets worthless advertising everywhere?

  2. Really? by dreamchaser · · Score: 4, Insightful

    Nobody forces anyone to use Google to search. They don't sell search. I fail to see a case, but IANAL.

    1. Re:Really? by JobyOne · · Score: 5, Interesting

      I'm inclined to agree with you.

      I'm as entrenched as anyone could possibly be in the Google ecosystem, and it's not because they're force-feeding me their products. I frequently try alternatives when comes to stuff like online calendars, documents, email, whatever.

      The reason my attempts to use other services never stick is simple: they're just not as good as Google's offerings.

      I can kind of see where they're coming from if Google is in fact promoting their own services in their search, but I suspect that their own algorithms are picking out their own services because the most people use and talk about them...again because they're just the best offering.

      Personally it's tough to sell me on the idea of a provider of free web services getting into antitrust territory, because a different search engine is always one different URL away. The same goes for all their other services. It's tough to even call them out on vendor lock-in, because thanks to the data liberation front they're one of the best companies I've ever seen on the internet when it comes to avoiding lock-in.

      I'm dubious.

      --
      Porquoi?
    2. Re:Really? by boaworm · · Score: 4, Interesting

      No but they sell ads. And people want to put their ads where people will see them. So it isn't much of a stretch to claim that they sell search.

      They also sell sponsored results in their search results.

      --
      Probable impossibilities are to be preferred to improbable possibilities.
      Aristotele
    3. Re:Really? by dreamchaser · · Score: 2

      But they do not force anyone to use their search. I can use whatever search engine I want ever from my Asus Transformer Prime.

    4. Re:Really? by openfrog · · Score: 1

      Indeed, really?

      Please begin with enforcing the anti-trust case brought against Microsoft, which in this case was justified, proven and concluded, and then we might perhaps consider those new claims by the FTC against Microsoft's rival, which Ballmer promised to destroy. Doing otherwise might likely bring shame and discredit to the FTC itself, and the current Democrats administration.

    5. Re:Really? by squiggleslash · · Score: 4, Insightful

      OK, but at least in theory the site that attracts the most visitors (that you want to advertise on) is also the one that's the easiest to compete with.

      Search itself isn't hard. That is to say someone with a VPS can probably build and run an Altavista clone and make a profit from ads if they want to. Not enough to give up the day job, but enough to cover the running costs.

      Good search of course is harder, but Google's search has gone through phases where it's very good, followed by very awful, followed by OK, followed by (... etc, you get the idea), enough times.

      Why does Google have a "monopoly" on search, and does it have a monopoly on search? The nearest I can think of, to be honest, is that they own the word "Google". People go to Google because it's good enough and they know it's good enough, and don't know enough about Bing or Yahoo search to feel that'd be less of a waste of their time. So Google has immense market share, but it's hard to believe it has market power - if it was signficantly worse than its rivals, people would get frustrated and switch, they would lose their trust in "Google" pretty quickly and have no reason to stay.

      And I know that because I've done the same thing. I've switched from Google when it's been awful - when it's gone over the top in ignoring words in my search criteria and bringing up useless results, or when clicking in the wrong place causes my browser to hang for five seconds because Google's JS has decided to load an entirely unnecessary preview of a search result's color scheme (WTF? I'm glad they fixed that.) I've generally switched back because its competitors are for the most part lousy clones of Google that aren't better.

      This is not like Windows, where people went to Windows because Microsoft was able to control the DOS market from 1981 onwards, and used its power as the controller of the "standard platform" to make it expensive for OEMs to bundle competitor's products. (This is not to say early Windows wasn't an improvement on, say, GEM, but the reason why we have Windows on home computers in 2012 is not because Windows 1.x or 2.x was a more sophisticated, powerful, system in 1987 than GEM or DesqView.)

      Disclaimer: I don't actually have a disclaimer. Last month I sold my sole share in GOOG because my new kid means I need the cash right now. ;-) Boy did I pick the right time, I can't imagine this announcement is going to help the stock price...

      --
      You are not alone. This is not normal. None of this is normal.
    6. Re:Really? by openfrog · · Score: 1

      Oh, and furthermore, what an interesting timing, just when Google in under concerted attack by Apple and others, in view of destroying Android!

      I really do hope some Democrats will wake up and tell someone responsible in this administration that they should check what kind of crap some civil servants are moving.

    7. Re:Really? by bhagwad · · Score: 1

      From what I understand, IE was baked into the OS in a way that gave it special capabilities and advantages over other browsers. As for Windows, I believe they had tied up the market in such a way that it was difficult to purchase a laptop without it. "Difficult" - not impossible.

      Those are very different from a completely optional service like Google.

    8. Re:Really? by Daerath · · Score: 1

      That isn't the point. Nobody forces you to use Google, but Google has a majority of the market share and as a consequence, they will be held to a different standard. If Google is altering search results to the benefit of their products and the detriment of their competitors products then there isn't much to discuss. It will simply be a matter of determining how much financial damage that has caused their competitors and how much Google has profited from that behavior. It isn't a question of, "Are they going to be found guilty?" It's one of, "How much will they be fined?" If Google weren't the clear leader in the search market it may not be an issue, but they are, so it is. Face it. Google is the same as every major corporation.

    9. Re:Really? by NeutronCowboy · · Score: 4, Interesting

      To me, it looks like the lobbying by various competitors (hi, Microsoft, Expedia!) has finally paid off. There is no stickyness to Google services, outside of their quality. Switching is a click away, especially when it comes to search and maps. The complaints I've read? Nothing but sour grapes that Google didn't completely shaft their UI and search algorithm, just so that every competitor has the same or better page position (note that I didn't say search position) as any Google service listed on any of Google's pages.

      If this goes through, it's the end of search algorithms: if someone is upset they aren't high-placed on the dominant search engine du jour (and there will ALWAYS be one), they can just sue for extra income.

      Let me rephrase that: it will be the end of search engines in the US. China, I'm sure, will be happy to supply quality search engines that give a big middle finger to shenanigans like these.

      --
      Those who can, do. Those who can't, sue.
    10. Re:Really? by Mashdar · · Score: 1

      I am inclined to agree that search results displaying their e-mail service, etc, are probably influenced by how much people discuss them.
      I wonder, though, if this case might be about services embedded in the search? Unit conversions, translations, and stock quotes are all automatically displayed upon a search. While (IMO) finding this anti-competative would be bad for consumers, I understand that it might prevent users from trying competing products.

    11. Re:Really? by alexmipego · · Score: 2

      I totally agree with you although I don't think you need to sell something to change the "moral" here.

      For instance, if Google advertising their own products on their own services makes for an anti-trust case, then perhaps TV channels should also be forced to advertise the competion's schedule? No one forces you to use/watch either services and some channels are paid, so I fail to see the distinction here.

    12. Re:Really? by udachny · · Score: 1

      I sold my sole share in GOOG because my new kid means I need the cash right now

      - you are a real power player, aren't you? Don't spend it all in one place though!

    13. Re:Really? by Lawrence_Bird · · Score: 1

      Not only that, where is the obligation of google to not offer services other than search when they generate results for free? Unless these whiners like Yelp can show that google is purposely altering their search algo to downrank them they should just learn how to compete betere. Ironically I did a serach for oil change places in my area and the first listing was a review on yelp.

      There are no barriers to entry for search either. Certainly google itself dethroned yahoo, excite, altavista, etc.

    14. Re:Really? by aztracker1 · · Score: 2

      Yes, but for OEMs to compete/thrive they did *HAVE* to buy windows licenses, which included provisions to *NOT* install competing browsers out of the box... the users/consumers didn't know any better and were hurt as a result.

      --
      Michael J. Ryan - tracker1.info
    15. Re:Really? by mysidia · · Score: 1

      No but they sell ads. And people want to put their ads where people will see them.

      Right, and the people who want to buy ads have to agree to Google's terms.

      And it's ultimately Google's discretion as to what ads get placed, and what gets placed in their search engine.

      Noone can force Google to display a certain message, or take out a certain message, because it would be a violation of Google's freedom of speech right.

    16. Re:Really? by mysidia · · Score: 1

      On top of that outright monopoly abuse

      Google does not have a monopoly. There are major meaningful competitors, such as Bing and Yahoo.

    17. Re:Really? by swillden · · Score: 4, Insightful

      This is exactly what is being claimed Google is doing: leveraging their dominant position in the search market to gain unfair advantages in other, unrelated markets. If they really are doing this, it certainly is worthy of investigation.

      What will be really interesting is if, as I strongly suspect, Google does not give its own products any extra "boost" in search results, or even in ads -- but Google's products come out on top because they're what Google's algorithms predict is of most interest to the searchers.

      What then? Is that unfair dealing? Should Google be obligated to artificially lower the visibility of its own products in search?

      In case it isn't clear to some how algorithms could be deciding the placement of Google's products in ads, keep in mind that all Google ad-views are a result of a real-time auction in which tens of thousands of candidate ads "compete" for the spot. Google's algorithms select the winning ad based on a combination of factors including the ad's observed effectiveness and the price the advertiser bids. So, if the Google Chrome team, for example, decides to run ads on Google and submits their ads along with a bid, and the normal algorithms are then applied to decide when to show that ad... is there any way that Google can be accused of anti-competitive use of its search dominance?

      I mean, Google effectively even has to pay for the advertising space given to its own products on its site. There may or may not be any transfer of money between divisions, but if Google's algorithms decide that the Chrome team's bid beats out some other advertiser's bid for a given ad spot, Google is foregoing the revenue from that other advertiser, so there is a real financial cost to the decision to display the Chrome ad. Actually, that would be true even if Google were artificially boosting the placement of its own products, rather than just using high bids (though given the ability to use the bid as a handle to tweak visibility, I can't think why anyone would feel the need to introduce a different boosting parameter into the algorithm).

      Where it gets a little fuzzier is when we look at Google's decision to build specialized search engines like Maps and Shopping, which have their own specialized search competitors, and then to give the results of those engines prominent placement in the general web search page. Is that leveraging Google's general-search dominance to gain share in other markets? Or is it a logical extension to general search, to provide more useful results to general query? I think the latter, but others might disagree.

      (Disclaimer: I work for Google, but I don't have anything to do with ads, or search, and don't know anything about how Google decides to handle ads for its own products.)

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    18. Re:Really? by Nyder · · Score: 1

      No but they sell ads. And people want to put their ads where people will see them. So it isn't much of a stretch to claim that they sell search.

      They also sell sponsored results in their search results.

      They sell ads. They do not sell search. Sponsored results yes, but no matter how you stretch it, they do NOT sell search.

      So stretch your anus as far as you like, it's still an anus, might be the goat.se anus, but it's an anus, not a vagina or a back hole.

      --
      Be seeing you...
    19. Re:Really? by reve_etrange · · Score: 1

      Why? As far as I can tell, even the legal definition of monopoly requires "exclusive control of a market," not "being a clear leader."

      Lying about the PageRank of a page, while slimy, is not illegal.

      --
      .: Semper Absurda :.
    20. Re:Really? by Daerath · · Score: 1

      Google has around 80% market share for internet searches in the EU. They are in the neighborhood of 66% in the US based on ComScore's assessment earlier this month. The same assessment lists Bing at 15.9, Yahoo at just under 12.8, and two remaining at less than 3% each. Google is a clear leader, but their manipulation of search results allows them to maintain and extend their lead which is exactly where you start running into trouble with the FTC. Any time you have a clear lead, monopoly, borderline monopoly, whatever, and you leverage your service to misrepresent your competitors you are being anti-competitive. Dicking around with the page ranks of your competition is misrepresentation no matter how you slice it. Even Eric Schmidt alluded to Google being a monopoly a year ago: http://articles.businessinsider.com/2011-09-21/tech/30183638_1_monopoly-web-browser-market-microsoft

    21. Re:Really? by wmbetts · · Score: 1

      I'm leery of Googles intentions when it comes to my personal data, but I continue to use their services for the reasons you state. They're simply the best I can find. If there was something at least as good I'd move over to them and use a different provider for each of the different services I use from Google.

      I was around (like many people on /.) back when Microsoft was force feeding us IE. I chose to use other browsers, but they made it a real pain in the ass. Even web sites would intentionally break when they detected Opera! I still to this day have no clue why so many websites would purposely die when Opera was fully capable of rendering the pages fine. Google is nothing like that.

      --
      "Ubuntu" -- an African word, meaning "Slackware is too hard for me". - stolen from Dan C alt.os.linux.slackware
    22. Re:Really? by swillden · · Score: 1

      BS! that is not true, e.g., Google always gives prominent placement for its "Google Shopping" in ads.

      I addressed that point.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    23. Re:Really? by martin-boundary · · Score: 1

      Nobody forces anyone to use Google to search.

      That's not *quite* true. You don't feel like you're being forced because the decision isn't yours to see.

      Google is an advertising company, and acts like an advertising company. That means, you the end-user are being horse traded at a higher level, among the companies that supply your service.

      For example, if you're an average Firefox user, you're using Google. Why? Because Google pays Mozilla to force (statistically) the users to use Google's search engine. Sure, any savvy user can go out of his way to use some other engine if he wants to, but statistically that's a tiny number of users. Statistically, the vast majority have no choice, they aren't being consulted and they use what's setup by default. And both Google and Mozilla know this, and horse trade $X per user.

      Microsoft horse trades users with OEMs, by requiring Windows to be installed on their machines. Sure, any savvy user can wipe the drive and install Linux, but statistically, the vast majority have no choice but to use it.

      Advertising companies horse trade with website operators to statistically force their users/readers to see ads. Sure any savvy user can install adblock, etc.

      Antitrust issues have to do with barriers to entry and leveraging dominance. Any time some company makes huge deals worth millions with all the big players in a market, that distorts competition. Any other company that wants to get in on the action is forced to match incentives on the same scale, which is impossible for most small companies trying to enter the market. So they don't.

    24. Re:Really? by KingMotley · · Score: 1

      Erm, don't they sell search results? I mean isn't that what adwords are? You pay, and your result appears up on top of the result where it normally would not have been if you didn't pay?

    25. Re:Really? by ganjadude · · Score: 1

      democrats wake up??? they still think obama is winning... not gonna happen

      --
      have you seen my sig? there are many others like it but none that are the same
    26. Re:Really? by ganjadude · · Score: 1

      hell I got a blackberry loaner while my droid is in the shop and it uses bing as its default search, I know BBs are losing share but if i want to use google i have to open the browser and switch to google rather than just type it. So in the smart phone market, BBs dont default google, windows phone 8 wont default google, apple no longer defaults google, that leaves droid defaulting google

      as I see it, google has no advantage

      --
      have you seen my sig? there are many others like it but none that are the same
    27. Re:Really? by gmyuriy · · Score: 1

      Perhaps you should remember that Google has the patent on PageRank and it has still until 2020 to go, and that might answer why does Google have a monopoly on search and does it have a monopoly on search.

    28. Re:Really? by gmyuriy · · Score: 1

      What will be really interesting is if, as I strongly suspect, Google does not give its own products any extra "boost" in search results, or even in ads

      I like the way you think: I also think I am a lot smarter than the four FTC commissioners and one year they spent investigating this could be better spent for the issue at hands drinking bear and chasing cheeks like I do.

    29. Re:Really? by robsku · · Score: 1

      They've probably just not paid off enough officials.

      Honestly, even the Microsoft anti-trust trial was a joke, Netscape died out because frankly, it was shit. I distinctly remember how bad it was compared to IE, and I chose IE because IE didn't have Netscape's ugly ass UI.

      Oh phlueesh, I clearly remember how bad IE was in comparison to Netscape, which is why I chose Netscape despite of it's ugly UI - and yes, it was ugly, but IE wasn't exactly pretty back then either. Not that it matters, IE was so bad that choosing it for UI style despite of it's flaws would have needed it to have sexually arousing UI ;p

      The fact the Microsoft bundles IE with Windows had fuck all to do with it, as the loss of IE dominance in recent years has shown, no the loss of IE's dominance was due to Firefox/Chrome - i.e. browsers that were actually better. IE was still bundled and integrated all this time even with the anti-trust settlement so it shows that all that was needed was competent competition and that bundling gave no real advantage - people are plenty capable of sticking alternative browsers on their systems if a superior one comes along, which it did.

      Netscape was better than IE but it's minor in comparison to how much better alternatives there had been for a long time. For me Opera was the first browser to give me tabs and session saver (which was crucial with Windows stability back then - on top of that IE was absurdly shaky itself...
      Think what you want of the anti trust laws but don't come claiming me that bundling IE with Windows did not give them competitive advantage on that platform. That would be absurd even without considering how reasonable expectation it was for computer illiterate to even realize that he had options for other browsers - sure, people who had made deal with ISP back when IE wasn't bundled it was the norm that ISP provided you with install disks (floppy or CD) of browser they had chosen (often based on deal with browsers creators) and usually you got IE or Netscape, but average people still usually only knew that there was a browser, not browsers, and after bundling that browser was by default IE. The bold font is to emphasize the competitive advantage, if you don't get it.

      And saying that FireFox/Chrome are proof that it just took someone to make a browser "actually better" is not just wrong, it's a blatant lie considering how much better those browsers had to get to sink IE and IE6 even which was technically outdated when it freaking came out and was not updated until way into end half of last decade (I don't mean security upgrades, though I don't can't take seriously anyone who would even try to use that argument while maintaining that IE was quality stuff), if all it had to take was competing product to be better the IE would have sunk (and MS would have invested in IE7) way back with Opera becoming dominant when they took off the advertising bar from free version - or if not Opera then FireFox at least, quite likely even Mozilla - hell, even Netscape was better in everything but it's UI (which generally is not what you focus on).

      As for "actually innovating", well, MS stopped it's work in IE for years with no innovation when they reached the position where they felt secure enough of their dominance after IEvs.Netscape war - it took really superior browser for it to gain enough common users that their share came threatening enough for MS that they felt that their browser needed a new release. Meanwhile when other browser manufacturers were innovating MS dominated the browser shares with piece of crap outdated at release IE6 with no even freaking *tabs* being supported - they were even blatantly passive on getting known security holes patched, sometimes even when not only known to them but also known to them that outsiders had the knowledge as well. Don't make me laugh with trying to say that MS was the one who had been innovative at all, that's just crazy ass BS only a truly blind fanboi could sprout...

      As for this case against Google, I think it's BS - comparison to MS antitrust case, no matter how you feel about those laws, is not realistic.

      --
      In capitalist USA corporations control the government.
    30. Re:Really? by swillden · · Score: 1

      You didn't have any real counter-arguments, I see, and so had to vent your spleen with meaningless sarcasm. I hope it made you feel better.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    31. Re:Really? by Kalriath · · Score: 1

      No, it can't. Explorer will simply launch the default browser because it's not capable of displaying web pages.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    32. Re:Really? by Kalriath · · Score: 1

      I'm confused. If I search for "Web Search" on Google, Google Search is result number 6 or so, after Yahoo, MyWebSearch, and frakking Dogpile. If I search for Webmail, Gmail isn't even on page one (though if I search for Email, Gmail is #1 followed by Outlook.com). News? Google is #2. Shopping, ok, Google is #1 there too. Ditto for Maps. Online Advertising? Not even page 1, though they do have an AdWords sponsored link.

      Basically, Google doesn't seem to be going to very much effort to push their items to the top. In many cases, they haven't even done any SEO and their result description is virtually nonexistent.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    33. Re:Really? by swillden · · Score: 1

      Given the number of other FTC "probes" I've seen which are ridiculous and politically-driven, I see no reason why I should lend any credence to their decision, at all. That's not to say that the FTC shouldn't perform a real investigation, but what's been done so far clearly isn't one -- and they're not even claiming it is, just a preliminary inquiry to decide if a real investigation is warranted.

      And I note that you also haven't made any counter-arguments to what I originally posted... and you also apparently didn't even notice that I mentioned Shopping, etc., and even addressed the fact that there may be some difference of opinion as to exactly what constitutes abuse in those spaces. It is really an abuse for Google to return more structured, detailed results for queries that appear to be asking for particular types of data where that's relevant? Should Google really be restricted to only passively returning links to existing web sites? Does this mean that Google's other search tools, like stock quotes (which compete with Yahoo Finance, right?) or calculator, or unit conversions, which both compete with numerous on-line tools, should also be disallowed? How about airline flight searches? Or language translation searches? Or...

      Perhaps. Personally, I think it's a difficult argument to make, and a rather lame one to even attempt, but I suppose it needs to be explored.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  3. REALLY!?!? by trparky · · Score: 1, Funny

    Wrong company jackasses! You should be going after Apple!!!!

    1. Re:REALLY!?!? by LWATCDR · · Score: 1

      Why? Apple has less than 20% of the PC market, less than 50% of the smartphone market. The iPhone is no more closed than the Wii, PS/3, or XBox 360. Frankly they should be going after Comcast, Time Warner, and Microsoft.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    2. Re:REALLY!?!? by JobyOne · · Score: 1

      On the Microsoft front they should specifically be going after Microsoft AND Intel together.

      --
      Porquoi?
    3. Re:REALLY!?!? by trparky · · Score: 1

      Yes, I do have an Android phone and I like my Android phone. What I don't like about Apple is that they seem to have some kind of idea in their heads that they can sue just about everything that moves. That's bullshit, it needs to stop.

    4. Re:REALLY!?!? by trparky · · Score: 1

      They are abusing the patent and legal system and it needs to stop. Yes, I know that the patent system is indeed broken but that doesn't mean you should go ahead and abuse an obviously broken system.

    5. Re:REALLY!?!? by Lawrence_Bird · · Score: 1

      And what % of the revenues in the smartphone market? And what about patent abuse?

  4. "Lobby" more, like Apple by gelfling · · Score: 2

    You get the government you pay for.

    1. Re:"Lobby" more, like Apple by GPierce · · Score: 5, Insightful

      That used to be true. Today I get the government someone else pays for.

      --

      When you are dancing with wolves, never limp
    2. Re:"Lobby" more, like Apple by the_B0fh · · Score: 1

      I have modpoints, but I wish I hadn't commented!!!! :)

  5. I can save them a lot of trouble by Anonymous Coward · · Score: 2, Funny

    The agencyâ(TM)s central focus is whether Google manipulates search results to favor its own products, and makes it harder for competitors and their products to appear prominently on a results page.

    If I go to Google and search for "web browser" the results are:

    1. Wikipedia
    2. Opera
    3. Opera again
    4. Mozilla
    5. News for web browser
    6. Chrome
    7. Safari
    8. Webopedia (of all things)
    9. Maxthon
    10. Flock
    11. docs.python.org

    Those bastards!

    1. Re:I can save them a lot of trouble by TheSunborn · · Score: 1

      Funny. If i search, the top hits are:
      1: Wikipedia
      2: Wikipedia
      3: Opera
      4: Opera
      5: "News for webbrowser"
      6: "Firefox"
      7: "Firefox"
      8: webopedia.com
      9: Chrome.

      And it might be a personalized search, but I have newer used or searched for opera before.

    2. Re:I can save them a lot of trouble by Cinder6 · · Score: 2

      I don't use Google anymore, precisely because of the "search bubble". My Google result just now was:
      1. Wikipedia
      2. Firefox
      3. Opera
      4. Chrome

      Somewhat interesting, given that I don't use Firefox or Opera. My DuckDuckGo search gives me a bunch of web browser definitions, reviews, comparisons...and Firefox. So I guess some things are the same. It's all a plot by Mozilla.

      --
      If you can't convince them, convict them.
    3. Re:I can save them a lot of trouble by hjf · · Score: 1

      Sure, AC. Disable adblock and try again.

    4. Re:I can save them a lot of trouble by flimflammer · · Score: 1

      My list:
      Web browser - Wikipedia, the free encyclopedia
      Mozilla Firefox Web Browser — Free Download — mozilla.org
      Opera browser | Faster & safer internet | Free download
      Chrome Browser
      Apple - Safari - Browse the web in smarter, more powerful ways.

      Then it goes into random stuff. Mine seems pretty good, actually. IE doesn't show up at all as of page 5, though Mosaic did on page 3.

    5. Re:I can save them a lot of trouble by Freddybear · · Score: 1

      My top four are Wikipedia, Firefox, Opera, Chrome. I use Firefox.

    6. Re:I can save them a lot of trouble by hjf · · Score: 1

      I use Firefox and googling for "web browser" with adblock disabled gave me a huge yellow ad on top of the search results, suggesting me to try chrome.

      not only that. every time i go go google.com it nags me to install chrome.

      and look, now it's the most used browser. oh, google used its dominant position to advertise its own browser! how is it any diferent from microsoft "bundling" a web browser with Windows?

      cue in the "durr, durr, google isn't forcing you to install chrome". and MS didn't force you to use IE either.

    7. Re:I can save them a lot of trouble by Curate · · Score: 1

      Interesting that Internet Explorer is nowhere in those search results. What does that say?

  6. Total BS by WindBourne · · Score: 1

    It is easy enought to get on the first page. Simply develop a decent page, keep it simple, and you win. Disgusting that FTC is being bought by other businesses which is likely MS.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:Total BS by Anonymous Coward · · Score: 1

      Create a page that competes directly with a google service and try again.

    2. Re:Total BS by nurb432 · · Score: 1

      . Disgusting that FTC is being bought by other businesses which is likely MS.

      That is how the federal government works now: He with the cash, makes the rules.

      --
      ---- Booth was a patriot ----
  7. so is everyone else by Anonymous Coward · · Score: 2, Insightful

    I wouldn't go to the same extremes you do in describing google. I do agree that google's business model is built on exploiting consumer's habit for profit, but the issue with the FTC, is that the other creepy uncles of the world are demanding their chance to go through your things. Getting the FTC involved will only make things worse.

  8. Re:Google is like a creepy long-lost uncle by Elbereth · · Score: 2

    The analogy that I prefer is that of a creepy, too-friendly neighbor who hires a private detective to thoroughly investigate you, so that it knows what kind of housewarming gift to give you.

    I'm not sure that Google has plans to go all Big Brother on us (that seems more like an Apple or Microsoft thing). Google strikes me as more like an awkward, autistic person who just doesn't realize how creepy his behavior is. He means well, but he's just to damn creepy for me to be comfortable around him.

  9. Re:Crazy government and the cheering crowd by ColdWetDog · · Score: 1

    There are more things in heaven and earth, Romeo,
    Than are dreamt of in your philosophy.

    Although, I will the first to admit that you're a persistent little cuss.

    --
    Faster! Faster! Faster would be better!
  10. Re:Google is like a creepy long-lost uncle by tmosley · · Score: 2

    Ri~ght, because the internet is totally closed and there is no price competition there. Also, everyone only buys the things they see in ads.

    I have noticed that those who defend government intrusion into both the private lives of citizens and into the market come up with the wildest, most asinine examples to justify their intrusion. When bad things happen as a result of thier intrusion, they then use those to justify more intrusion. There is a disgusting metaphor that is apt here, but I will leave it be. Needless to say, the practice utterly disgusts me.

  11. Re:Google is like a creepy long-lost uncle by Hentes · · Score: 1

    If Google ever tried that people would just switch to other services. The entry cost is relatively low and Google doesn't really have a monopoly on anything, there are other search engines, email providers, browsers and phones. Competition ensures that they never can pull a stunt like that.

  12. Proof? by Hentes · · Score: 1

    This is a strong claim, I wonder if there's any proof to back it up. I've never noticed a bias towards Google's services in search, the only time I remember is when they displayed a warning on Youtube saying that it only works in Chrome. That was somewhat distasteful but has been removed since, and in fact I used Google to find another email service without much problem. Can someone show search terms that have a bias?

    1. Re:Proof? by Masterwolf3 · · Score: 1

      Nope. And therein lies the issue. This is a play from other companies that can't compete with google. The problem is that the reason they cannot compete is google is still better. So Like Apple they are suing the crap out of better competitors to try and regain dominance.

  13. I do not like Bing by 3seas · · Score: 1, Funny

    So blame Google for it...

  14. Re:Crazy government and the cheering crowd by Laxori666 · · Score: 2

    Mod parent up. How does it help business for the government to set the example of: "Oh, if you become too successful, we'll sue the shit out of you. Because it's unfair to your competitors that you did a better job than they did. Unless, of course, you've donated sufficiently to some of our campaigns; then we'll probably leave you alone."

  15. Re:Google are evil type in ANAL by Anonymous Coward · · Score: 1

    When I type in ANAL, I get your Mom's phone number...

  16. Mod parent down by Anonymous Coward · · Score: 1

    because telling people how to use their mod points is lame.

  17. Re:Google is like a creepy long-lost uncle by Anonymous Coward · · Score: 1

    You forget that he gets shitloads of money from selling information about you to his clients.

    Google does not sell user data.

    Google uses user data to target advertising, but doesn't really even give advertisers much control over what demographics to hit... instead Google's algorithms learn which demographics tend to favor what kinds of products and does the targeting itself. Google doesn't provide much feedback to advertisers about what those algorithms have decided, and certainly doesn't give them information about particular users.

    Actually giving any of the information to clients would reduce its value, after all, and clients wouldn't be nearly as good as Google at applying it effectively anyway.

    Translation of this more accurate description into the creepy-neighbor analogy is left as an exercise for the reader.

  18. That is what they are supposed to do by rosaliepizza · · Score: 1

    I thought the legal responsibility of any public corporation was to do any thing ethical and legal to earn money for shareholders. What do the regulators expect them to do ?

    1. Re:That is what they are supposed to do by mysidia · · Score: 1

      I thought the legal responsibility of any public corporation was to do any thing ethical and legal to earn money for shareholders.

      Since when was there an "Ethical" qualifier?

      The legal responsibility of the board and officers of a public corporation is to do any legal thing to execute their charter. Unless they are a non-profit, it typically says something about achieving maximum possible return for the shareholders, by any legal means.

  19. Google - google products by Anonymous Coward · · Score: 1

    Is it just me that suspects that this will turn out as a giant waste of tax payer money?

    If I go TO GOOGLE's SEARCH ENGINE to find a service, I don't generally go there expecting that a search for "webmail" is going to find my corporate OWA page...

    If someone want's to find Yahoo's offerings, they would search for "yahoo mail"

    and if you weren't sure (or didn't care) you'd likely be one of the stupidly large percentage of people that just use the built-in-bing search in IE to "search" for email.
    (which to my surprise, returns yahoo, gmail, wikipedia, mail.com, then hotmail)

    I think the real COMPLAINT here is that Google doesn't PROMOTE their competition AHEAD of their own products. (which we all know just means "promote their competition for FREE")

  20. PJ from Groklaw comments by walterbyrd · · Score: 4, Informative

    Are they kidding? How about looking into Microsoft and Nokia and Apple and MOSAID and fill-in-the-blank-patent-trolls and all Microsoft's little FairSearch helpers in a conspiracy to use patents to destroy Android? Who started the patent smartphone wars, after all? It wasn't Google. By the way, have you written a nice, polite letter or email to the FTC about this? Here's their general contact page; here's the antitrust page, with an email contact. Note they state that if you wish your expressions to be kept confidential, don't email. Send a regular letter marked confidential.

  21. Google Minus Google by nomad-9 · · Score: 1

    Google's own reply to monopoly charges was something like: If people don’t like our search results, they're free to try Bing, Yahoo,etc., or "even Google Minus Google".

    Pretty straightforward response and to the point, if you ask me. If you don't trust Google search, try other search engines. Who's stopping you? They're just one click away... and among the first - Google search - results for "search engine":
    1. Wikipedia definition of Web search engine
    2. Dogpile Web search
    3. Bing
    4. Yahoo! Search
    Interestingly, Google''s own product, its Custom Search Engine, comes only in 7th position...Seems to me if I were to "abuse my position of dominance to hurt rivals", I wouldn't list my results as above.

  22. Re:Nonsensical by BobPaul · · Score: 1

    The DOJ isn't involved yet, so cut the conspiracy bullshit.

    Whether a monopoly is illegal isn't decided by how you acquired the monopoly. It's what you do after you achieve monopoly level market share which determines whether your monopoly is legal or illegal. You can be as anticompetitive as you want, but once you dominate any market segment, you have to be careful how you use that dominance.

    I agree Google is probably fine, but for different reasons.

  23. I'd say its quite the opposite of what they think by corychristison · · Score: 1

    I am inclinded to think that Google has is manipulating their search results but opposite from what they are assuming in the article.

    Think about it this way: Googles algorithm bumps up the most popular results page rank. If people are using Google Search to find other Google products (very common, seeing as how Google Search is integrated in most browsers by default) then the PageRank for those products will be higher. One way around this (as mentioned above by someone else) is to use what is called "google minus google". Essentially when you search using Hoogle Search you append a "-google" to the end of your query. This will filter out any Google related results.

    I moved away from Google a while ago, now using DuckDuckGo. Tried StartPage but it just seemed like they were trying too hard to be google, not taking their own direction.

  24. Re:Comcast advertises it's own pay-per-view by aztracker1 · · Score: 2

    I'm pretty sure I've seen HBO ads on all the major broadcast networks... If NBC was willing to buy ad space on CBS, I'm pretty sure CBS would allow it. If CBS wanted to charge NBC more for that slot than say ShamWow, there might be a problem.

    --
    Michael J. Ryan - tracker1.info
  25. Ads not search... by ducomputergeek · · Score: 1

    When google bought doubleclick then admobi who was left as a major player in the online ads market? Especially since Google has a massive amount of data on you from all your searches, email, documents, and other services you may use from them or others use via them (analytics anyone?).

    iAds competes, but only on iOS. Facebook has ads, but it's only on facebook. If I want to do online advertising for a widget or a branding campaign using online ads on a non-specific platform, there's pretty much google.

    --
    "The problem with socialism is eventually you run out of other people's money" - Thatcher.
    1. Re:Ads not search... by Masterwolf3 · · Score: 1

      Do a google search on e-mail or browsers. All the major players are represented. Google is shutting no one out. Their algorithm picks the most selected by users. And this is hurting consumers how?

  26. Google manipulates search results to favor its own by swframe · · Score: 1

    That is a naive conclusion. Google's algorithm adjusts search result ranking based on popularity. If google products are popular, should google up the rankings of less popular products?
    I see lots of microsoft bing ads on youtube and I don't like them. If I switch away from the ads and google's ranking adjusts so it doesn't show me more of them how is that google's bias?
    I don't see how you can separate out the user's preference from google's bias without examining the google ranking algorithms. I could see if google's products were worse than their competitors and everyone widely hated them, that it would be odd to see them ranked higher than their competitors. But when the opposite is true, then there is no need for manipulation on google's part.
    It seems the governments wants google to produce an inferior ranking system and it is most likely the government is clueless on the technology and is responding to lobbying. My tax dollars hard at work ...

  27. Re:Comcast advertises it's own pay-per-view by Insanity+Defense · · Score: 1

    Do they have a monopoly? No? Then they don't face a monopolies restrictions.

  28. Re:Comcast advertises it's own pay-per-view by reve_etrange · · Score: 2

    Google has about 2/3 of the search market, while Comcast has about 1/3 of the connectivity market. Now zoom in a little bit and you get a bunch of regions where Comcast has 100% market share, because they are the only provider.

    There's nowhere in the world where Google has 100% market share, or where users do not have a choice but to use Google.

    --
    .: Semper Absurda :.
  29. Re:Google is like a creepy long-lost uncle by reve_etrange · · Score: 1

    I think this is spot on.

    Unlike companies such as Microsoft, Apple or even Facebook, Google is mainly identified with "Googlers," that is their engineers, rather than with the leader of the corporation. Google's engineers add creepy features because they actually think it's great if their friends can all track their locations in real time.

    --
    .: Semper Absurda :.
  30. Re:Google is like a creepy long-lost uncle by reve_etrange · · Score: 1

    You're right, but it just shifts the trust problem to data storage.

    --
    .: Semper Absurda :.
  31. So.. by LodCrappo · · Score: 1

    Google isn't supposed to use their web site to promote their own products?

    Well shit, my own company's website does that too. I thought that was why we had the site in the first place, to be honest. Guess I'm doing it wrong.

    --
    -Lod
  32. No one forces you to use Google by dgharmon · · Score: 1

    No one forces you to use Google, unlike Microsoft where every defauly installation of Internet Explorer has BING as the default search engine, and MS embedding msBing into Office applications .. Bing Bar

    --
    AccountKiller
  33. Why am i not surprised? by nurb432 · · Score: 2

    Sounds like typical status quo for this administration: punish those that succeed.

    --
    ---- Booth was a patriot ----
  34. Hardest case they will ever try... by rahvin112 · · Score: 2

    This will be the hardest case the FTC has ever attempted.

    In a normal anti-trust case you have a company that has and established product with barriers to entry to the market that typically include:

    1. Cost of replacement products (Microsoft is an example of this because the cost of replacement was significant to the cost of the computer).
    2. Difficult interoperability (Microsoft again is a good example because the software market made it difficult if not impossible for competitors).
    3. Difficult customer access (AT&T is a perfect example of this, building out a last mile telecom network is a huge undertaking, even long distance competitors couldn't access their customers without government intervention).
    4. Business collusion and exclusion that prevented competition (almost every FTC case involved this because it's a necessary aspect of enforcement of the sherman-anti trust rules, in the case of MS it was contracts and such that involved the punishing and rewarding of other companies in the business that worked with the competitor).

    The FTC might be able to prove that Google is putting their results at the front but they are going to have a hell of time given the facts. No one, not a single soul is forced to use google products. Not only that but the startup costs and difficulty in creating competitive products is nearly non-existent. There are dozens of competing products in almost every single category Google works in and the only reason they haven't been replaced is that they continue to innovate their core products. I really don't think they have case against Google in any of their core markets. Now I do think that what Google did with maps pro (don't jump to conclusions, if you don't know what I'm talking about don't reply) was a dirty evil act right ouf of Microsoft's play-book but I don't think outside that the government even has a case. Everyone could decide to use a different search engine, advertising, maps, calendar, email, phone (android open source doesn't require Google products) tomorrow and there is absolutely nothing stopping people from doing so other than the fact that Google generally offers the better product. With the exception of the maps pro incident Google has none of the barriers to entry that the government hung their hat on during other anti-trust cases.

    Personally, I don't think the government will win and I pray Google doesn't just give in.

    1. Re:Hardest case they will ever try... by Masterwolf3 · · Score: 1

      Actually it is fools like you that might let this case see the inside of a courtroom when it should be thrown out post haste on the lack of merits. Google offers a service that *YOU* chose to use. They base their results on an algorithm that factors in popularity and how much the advertiser has paid to be moved up on the search ladder. So in google's best interest is to take the money from the advertisers and move their own products down since they gain no money from them. A small problem occurred though. Google makes better programs so the advertisers paying get upset and claim google is screwing them. The problem is they are being screwed by putting out an inferior product. (Although I agree with the google map fiasco.) This is a case that the government will not only lose but will really highlight how incompetent our government really is.

  35. Re:Comcast advertises it's own pay-per-view by KingMotley · · Score: 1

    You don't need 100% market share to wield monopoly power. You don't even need 50% to wield it in some cases.

    Does google wield monopoly power in search? Yes. I don't think there is much of an argument there. They probably wield it in other segments too, but those may be less obvious.

  36. Facebook, Twitter, perceive little value to selves by tlambert · · Score: 1

    It's a little more actively blocked than that:

    http://www.zdnet.com/blog/facebook/facebook-blocks-google-chrome-extension-for-exporting-friends/1935

    The value that facebook and twitter bring to the advertising table is the network graph of user relationships. They actively block Google from getting this information, and as a result, the information Google has on the network relationships from its Google+ product is better information in terms of better representing the connectivity between people, and therefore social relevance.

    If Facebook and Twitter quit blocking the connectivity information, then it's likely the rankings would be Facebook -> Twitter -> Google+, when comparing those networks bulk of data.

    The real issue is that they feared people taking the network information, and exporting their information to other networks; be aware that the blocking Facebook does is also effective against Twitter importing network information from Facebook as well.

    If the graph data were portable, then graph data hosting would be a commodity, and the user value proposition would exist only in the ability to utilize that graph data on behalf of the user. The advertising is a value proposition for the effective use of graph data by advertisers, not the users about whom the data has been collected.

    What this means in reality is that these services generally perceive themselves as having little value beyond their network connectivity graphs, and that they are strongly fighting against the commoditization of the graph data because of this.

    Effectively, they are admitting that users get little value from this data from the data hosting provider, that can't just as easily be obtained elsewhere - and probably better at the elsewhere, since as long as the data is proprietary, the hosting company can concentrate on the needs of advertisers rather than users, which is where their revenue base lies.

  37. Re: by swillden · · Score: 1

    It is false to claim that an algorithm is neutral because algorithms can be discarded until a favourable algorithm is found.

    Assuming there's some evidence that such a selection criterion was used. And I doubt there's *that* much freedom in algorithm selection... remember that the chosen algorithm has to work for all of the rest of the cases in a fashion that's not too sub-optimal.

    --
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