Has Google Shut Down SMS Search?
hypnosec writes "Users in the US are reporting that Google has allegedly shut down its SMS Search service without any official announcement or notification. According to initial reports users are getting a 'SMS search has been shutdown' message. Navigating to the official Google Mobile website and clicking on SMS Search yields nothing but 404 – Page not found error."
Sucks since I don't have a data plan... But an (very short) explanation is here http://productforums.google.com/forum/#!msg/websearch/yKG7BGro7QQ/ntAXQWWKj70J
"Why is it that folks still have issues when a "Free" service suddenly is removed?"
Because having a service yanked out from under you is annoying? Furthermore, your use of the word "free" is somewhat limited. Google makes money off of users. It monetizes your search traffic, your emails, and tracks your site visitation patterns. It monitors which ads you click on, which you don't, and how to best use that data to better sell more ads. It leverages its share of the search and web services market in a number of ways to support these endeavors.
When you become part of the Google ecosystem, you are agreeing to share data with them that is incontrovertibly *valuable*, even if they never put a value on it, and no money changes hands. So you're right. No such thing as a free lunch. But when I use Google services, I'm paying them with my own personal usage data -- and they're obviously quite happy to use that data in a great many ways to "enhance" product offerings.
I'm not arguing that Google SMS deserved to live, or that Google is morally or legally in the wrong for closing it, but Google is compensated with information when I use its products. It may not cost me any money, but if I give you something you find valuable in exchange for a good or service, there's still an exchange taking place.
You are forgetting estoppel:
Estoppel in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude "a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative officers, or by his own deed, acts, or representations, either express or implied." [http://en.wikipedia.org/wiki/Estoppel] (emphasis mine).
A common example is a stream on private property that borders a road. If people have come to take water from the stream, even if the landowner povided a pipe on his own land to make it easy (that did not extend to the public property), then after some time, the landowner can not suddenly deny access to the water in that stream, whether by his pipe, or not. If he tried, a court would likely grant a public "easement by estoppel".
The same principle is used in divorce cases to ensure that a soon to be ex-wife received alimony so that she may live "in the manner to which she has become accustomed", even as alimony is granted less and less frequently in recognition of women's ability to independently earn income. (It is still granted in many cases when a wife has never worked, and her husband supported her: she often gets 50% of the community property (to which she contributed nothing financially) AND alimony.)
So, if a company provides a free service, that many have come to rely upon, for some significant time, it may very well be held to continue to provide that service, unless the nature of the free offering was made clear (e.g. reserving the right to discontinue it at any time).
Generally, estoppel applies to either real property easements, or income streams, or other tangible benefit, but I see no reason that it can not be applied to a service.
In this case, the court would weigh the time the service was offered, the reasonable expectations of the public regarding it, and the public harm if it were terminated against the costs of the company to continue to provide it for free.
Be warned, however, that public easements by estoppel, for even an essential thing like water, often only are granted if free access was provided for extended periods of time, say 25 or 50 years. Often this is codified in municipal bylaws, or state, or federal laws.
This is why one should ALWAYS be careful of "being nice": one may unwittingly create an obligation by estoppel to continue to do so.
In Liberty, Rene
Clearly you need more than a "fucking phone" if you want to use Google Search on it.
Dilbert RSS feed
What competition was there for this service? I'd never heard of it, or anything like it, before. (I don't use SMS, so that's no be surprise.)
I think that when you get to step 2 you are talking about the wrong company. Google often, perhaps usually, doesn't have any competition for their minor projects. Sometimes the competition develops AFTER they show up. If there was prior competition for Picassa, for example, I never heard of it.
I think we've pushed this "anyone can grow up to be president" thing too far.