Still Thinking about Google

Posted: July 27th, 2009 | Author: | Filed under: Britain, Business, Journalism, Technology | Tags: , , | 1 Comment »

According to a new libel ruling from the UK courts, Google can’t be sued/fined for malicious falsehoods that appear on its news and blog pages (like this one). That makes legal sense, since no one employed by Google produces the content on the sites.

But here’s the problem: it’d be awfully hard to sue/fine some of the folk with Google blogs for their output either, since most of them consider what they do to be not-quite-published, and more akin to the kind of speech covered under slander law than the kind of published text covered under libel law. Clearly, the web has erased the most obvious divide between slander and libel, but it doesn’t really erase the qualitative one. A falsehood on my friend’s travelog about her summer in Equador is just not the same as a falsehood from Robert Reich.

Moreover, the underlying logic of libel law is based on private profit. You sue the people who make/write/print the falsehoods and if you win, you take back the profits they earned by spreading the lies.

The problem with private blogs on Google’s server is not only that they don’t aspire or try to uphold fact standards that are libel-proof but also that there’s an imperfect overlap between the person who produces the content (and thus might be morally responsible for it) and the person (AKA Google) who profits from that content (and thus might be fined to avenge a wrong).

The UK ruling thus underscores the argument I have been making about Google all along–they aren’t necessarily in open defiance of the laws, but their existence, their business model demonstrates the gap between the structure of our laws and reality of the internet economy. And try as I might, I can’t think of a way to solve this without in some way cutting Google down to size.


The Problem with WIRED

Posted: July 19th, 2009 | Author: | Filed under: Business, Journalism, Technology | Tags: , , , | No Comments »

The August issue of WIRED has an interesting article on the growing antitrust pressure on Google, a pet cause of mine. It’s well reported, and well-written, as WIRED usually is. It more or less lays out the case against Google that I would make: that the individual markets in which it has x or y share are irrelevant, because Google is building a macro-market by aggregating data over all web content. Then it lays out the most common  counter-argument: that regulators shouldn’t be trying to stop companies the public likes/benefits from to protect the fluidity of the market. I disagree with this counter-argument. Other regulatory provisions–like consumer fraud laws–respond to public opinion, but antitrust laws exist explicitly to protect and promote competition.

What struck me about the WIRED piece, however, was its attempt at neutrality and its muted tone. [If you’re skeptical, go to the library, find a copy, and see for yourself.] WIRED never does that. It has an opinion about ever tech-related debate, usually an opinion that reflects the views of its editor, Chris Anderson, which I’ve discussed before. Elsewhere in the same issue is an article advising readers to embrace illegal downloads as a form of civil disobedience. [I’ve got plenty of free music on my computer that shouldn’t strictly speaking be there, but I’d never be so presumptuous as to pretend it was anything more than miserliness that landed it there.]

The tone of the Google piece suggests to me the major problem with WIRED. It’s a magazine about the modern technology industry written by people who helped create the modern technology industry, by people who moved out to the Valley before it was cool. Their natural instinct is to explain tech companies to the rest of us, and defend those companies from the big bad economy back East. The folks at WIRED still they think they are writing about scrappy endearing startups, even though those companies aren’t scrappy or small anymore.

Yes, this piece is an improvement over a February article that painted the attack on Google as an evil conspiracy of big bad telecom companies. But even where their own reporting suggests there’s a real antitrust case to be made against Google, their personal sympathy for the GOOG prevents them from giving the piece the kind of umph they give to everything else.

It’s all pretty ironic, since as magazine writers who work for Conde Nast, everyone at WIRED is part of the ‘old’ economy. And while they advocate that everyone else give up their content for free and celebrate that Google will own it, their own website is pretty closely protected. That’s why this blog post has no links to the current issue–it’s been mailed to subscribers in print, but it’s not yet available online.


How to Deal with Google

Posted: April 17th, 2009 | Author: | Filed under: Business, Technology | Tags: , , , | 5 Comments »

When I posted my concerns about the market power of Google a few weeks ago, I got the following arguments in response:

–what Google offers the ordinary computer user is the opposite of a monopolized experience: free innovate products. Let’s call this argument “Google is not evil.”
–what Google offers the buyers of ad space and data is also the opposite of a monopolized experience: innovative services that cost less than their competitors. Let’s call this argument “Google is not greedy.”
–Google has achieved its dominance of search-based advertising and data-aggregation on the merits of its algorithms. Let’s call this argument “Google is not cheating”
–Google plays in many fields but doesn’t own any of them, since there’s still all that TV, radio and yes, print advertising still out there that Google hasn’t yet taken over. Let’s call this argument “Google is not that big.” Read the rest of this entry »

Apocalypse 20: Some ruccus in the new media ranks

Posted: March 29th, 2009 | Author: | Filed under: Apocalypse Series, Journalism | Tags: , , , , , , | No Comments »

As a silver lining to the recessionary cloud, I’ve been trumpeting the boisterous and robust debates taking place among newshounds over new business models for media.

Among the internet evangelists, these debates are usually taken as signs of professional media’s last breaths before the dictatorship of the proletariat (aka a citizen-driven “gift” economy) comes to save us. So of course, the internet evangelists yippee’ed at the announcement from the HuffPo that they are creating a fund to finance investigative reporting that will then be gifted to anyone who wants to run ads against it on their own site. They yippee’ed again at the new bill in Congress to make it easier for news outfits to claim nonprofit status.

Now all of these ventures, while helping to take down the existing structures of professional media, take their cues from the same value system that professional media folk claim–that journalism has a civic role to play, as a watchdog on those in power, as a forum for debate and a cultivator of public opinion, etc.

Yet the project of dismantling the mainstream media and claiming the legal rights of journalists on behalf of a citizen-activist runs directly counter to that value system. The civic function of journalism is enshrined in constitutional laws that, with the rise of computers, have lost their clarity: is a blog free Speech or free Press? There are ways to untangle that mystery, but most of them, as I’ve angsted before, seem to lead us into anarchist terrain. My angst seems justified in light of this essay in Slate–the author thumbs his nose at any democratic use for journalism and bemoans the journalism-as-civil-society theory as an old media meme.

The real battle, it seems, is not old media vs. new media but, as I continue to argue, institutionalism vs. individualism. If you think (as I do) that journalism has a civic value, then your solutions to the industry’s current struggles might turn towards to redefining journalism for the digital age in a way that separates those who report (ie journalists) from those who just make noise. If you think the journalism-as-public-service argument is maudlin junk, you might simply hail the demise of journalism as an organizational category.

While these two camps of new media thinkers duke it out, there’s room for old media organizations to experiment–I’ve blogged before that I think the NY Times is onto something in its merger with the Herald Tribune. That merger takes another small step today–the Times rebranded the IHT’s website as the “Global Edition of the New York Times” months ago; now they have rebranded the international pages of the Times’ own site with the IHT logo.

Obviously, a website redesign does little for the Times’ bigger problems, but the merger yields a reporting structure that any future model should take into account.


Google is not God

Posted: March 25th, 2009 | Author: | Filed under: Business, Journalism, Technology | Tags: , , , , , , , , , , , | 3 Comments »

I have been vocal on this blog about my Google-agnosticism. I don’t think Googleization is the solution to all business models though I do think the Internet represents more opportunity than cost to many industries. And though I do worry about digital privacy, I don’t think the firm’s digitization of our lives has to be fascist in its outcomes.

I’m usually sanguine about the new digital order, because I believe in the basic legal structures of a functioning market economy: the checks placed on any one company by the requirement to compete with others and the checks placed on all companies by government should, in theory, protect us from total Googleization and the violation of our privacy rights.
Here’s the problem: Google has become a monopoly and the entity entrusted to crack down on monopolies–the State–is dependent on various forms of digital data mining, at which Google excels. Now government has colluded with trusts and cartels before, but usually there is a body of journalists and consumers who pressure them to right the wrong. The real problem with the Google is how much civil society has cheerled monopolization: Read the rest of this entry »

Begging for Discipline

Posted: November 20th, 2008 | Author: | Filed under: Business, Politics | Tags: , , | 2 Comments »

Here’s an interesting new phenomenon: executives going to Washington to beg for regulation.

C-suiters from Google, Starbucks, Nike, Sun Microsystems, Timberland and Levi’s are encouraging Congress to pass legislation (likely under Obama) that will force them to get more energy-efficient and bring us closer to a carbon-neutral economy.

Some of these companies have been hit hard for their social irresponsibility before: remember Nike and the sweatshop debacles of the 1990s? Some of them have great PR, but belong to industries that make a massive footprint on our environment–home electronics like computers make up 20% of our energy consumption. So this shift in rhetoric, if taken up by legislators, is notable.

But it strikes me as strange too: if all these executives recognize that consumers now care about the sustainability of the brands they buy, why not just dive in to the emerging market, instead of begging government to force all your competitors to come with you? I’m in favor of mild government coercion on this issue because I don’t think there are enough pro-environment executives in the big emission sectors (ahem, oil), but that doesn’t explain the behavior of those who do see the pot of gold and still need the government to push them over the rainbow.

It reminds me of this time in middle school when my kid sister bombed a test, knew she needed to study more, and begged my mother to ground her. I didn’t get it then, and I don’t get it now.