Posts about google

Oh, those Germans

warover

German publishers warring with Google — and the link and the internet — have now completed their humiliation at their own hands, capitulating to Google and allowing it to continue quoting and linking to them. How big of them.

The pathetic sequence of their fight:

1. German publishers under the banner of a so-called trade group called VG Media and led by conservative publisher Axel Springer called in who knows what political chits to get legislators to create a new, ancillary copyright law — the Leistungsschutzrecht — to forbid Google et al from quoting even snippets to link to them.

2. In negotiations in the legislature, snippets were then allowed.

3. The publishers went after Google anyway, contending that Google should pay them 11 percent of revenue over the use of snippets.

4. Google, being sued over the use of the snippets, said it would take down the snippets from those publishers this week.

5. The publishers said that for Google to take down the snippets they were using to blackmail Google amounted to Google blackmailing the publishers. And you thought Germans were logical.

6. The publishers went to the government cartel office to complain that Google was using its market power against them.

7. Officials laughed the publishers out of the cartel office.

8. Now the publishers have said that Google can use its snippets for free while this legal matter is being ironed out.

Of course, the publishers never wanted the snippets taken down because they depend on those snippets and links for the audience Google sends to them … for free. It is all their cynical game to try to disadvantage their new and smarter competitor. Those who can, compete. Those who can’t, use their political clout.

Enough. Genug.

I have written a much longer essay about the damage these German publishers are doing to Germany’s standing that I am trying to place in a print publication — so I can speak to the print people. I’ll link to it when that happens. Here’s the lede:

I worry about Germany and technology. I fear that protectionism from institutions that have been threatened by the internet — mainly media giants and government — and the perception of a rising tide of technopanic in the culture will lead to bad law, unnecessary regulation, dangerous precedents, and a hostile environment that will make technologists, investors, and partners wary of investing and working in Germany.

LATER: Ah, there’s another chapter already.

9. Like Japanese soldiers stuck on an island thinking the war continues, Axel Springer has declared that Google must take down snippets from four of its brands: Die Welt, and the auto, sport, and computer subbrands of Bild. Note well that they didn’t do that with superbrand Bild, their largest newspaper and the largest in Germany. They need the eggs. So as it loses its argument that Google is a cartel, the German publishers’ cartel crumbles.

Technoeuropanic

Europe is at it again. Or still. I’m told that a consortium of European publishers will run an ad in European papers this weekend attacking Google and the EU’s antitrust deal with the company. It’s the same old stuff: publishers whining and stomping their feet that it’s just not fair that Google is doing better than they are and government should step in to do something about this, this damned, uh … competitor.

Screenshot 2014-09-04 at 8.17.21 PMIn the ad, the publishers’ argument is that Google’s search is not “impartial.” First, who said it has to be? Second, Google does point to its competitors; see this search for “maps” to the left. Third, who requires the publishers to promote their competitors? Here, the so-called Open Internet Project — a front started by German publisher Axel Springer — demands “equal search” (what the hell would that be?) for, say, shoe listings, complaining that Google makes money pointing to its shoe advertisers. Hmmm. And here is Bild, Springer’s gigantic newspaper, selling shoes itself. I don’t see them linking to Google’s shoe ads. Shouldn’t a news publication be — what’s the word? — impartial?

But, of course, this isn’t the point. It’s a game. I’ve seen German publishers chuckling about it that way. They think they can use government and political pressure to cut some flesh out of Google. But they should beware the unintended consequences. They are helping Europe — and particularly Germany — get a reputation for being hostile or at least inhospitable to technology. Here is the Economist writing about “Germany’s Googlephobia.”

It so happens that I’m going to Berlin next week to speak at the IFA technology show about just this topic: Europe (specifically Germany) and technology specifically American technology companies). I worry about Europe.

Germany just banned Uber (despite the advice of EC VP Neelie Kroes). A European court instituted the ludicrous and dangerous Right to be Forgotten (what about the right to remember?). German government officials harassed Google over Street View so much that Google gave up photographing its streets (so much for Blurmany). German publishers got government to pass an ancillary copyright to go after Google quoting and linking to their content (but then lost a round in court). The German book industry gave technosceptic Jaron Lanier its big-deal peace prize and Dave Eggers’ dystopian novel is roaring up the charts. A German pol is threatening to break up Google (how?). Spain is looking to tax the link. The head of powerful German publisher Axel Springer raises the spectre of Google starting its own nation without laws. A German government agency is talking about declaring Google a utility and regulating it as such; I’d call that quasi-nationalization. “It is the core task of liberalism and social democracy to tame and restrain data capitalism gone wild,” declared Social Democratic Chairman Sigmar Gabriel in a German paper. “Either we defend our freedom and change our policies, or we become digitally hypnotised subjects of a digital rulership.” I could go on….

Would you invest in technology in Europe and specifically in Germany? I sure wouldn’t.

Some of this is about disrupted companies and institutions rallying to try to hobble their disruptor. Some of this is cultural technopanic. In either case, the damage to Europe and particularly Germany could be great.

At IFA, I plan to tell the technology executives there that they need to step up and defend progress or they might find themselves left behind.

Screenshot 2014-09-04 at 8.05.22 PM

La vita cloudy

I’ve done it. I’ve moved entirely into the cloud. The process started a year ago when I bought my Chromebook Pixel. Well, actually, it started before that, when I shifted to Gmail and Google Calendar and Google Docs and that drove me to switch from iPhones to and Android phones and tablet and then to try a Chromebook. I still owned a Mac, but it did less and less, in the end just acting as a print server for my Google Cloud Print and as a Skype machine because (1) Microsoft refuses to make Skype for Chrome and (2) Leo Laporte whined about my using Google Hangouts on This Week in Google.

But last week, my Mac died. I/O error. I/O error. OK, OK, I get the point. It’s four or five years old; not worth fixing. It so happens that the moment it died I was trying to set up a Skype talk into a conference in Las Vegas. They couldn’t do Hangouts. So I had to call in on Skype from my Nexus 7 tablet and it worked. Check off one use for the old, dead Mac.

I went through a few false starts trying to check off the other function: printing. I got a Lantronix PrintServer for Google Cloud Print but it still required me to set up printers in Google and that still required having a Mac or PC. I’m using the Lantronix but I also wanted to make this test pure: no other computer required. I got a Brother printer that was alleged to be a Google Cloud Print ready but it wasn’t really. Then I got an Epson and it worked. The Epson has a web set-up I could handle on my Chromebook, arranging to print directly to it with no middleman. It even sends scans directly to my Google Drive.

Ding, dong, my personal computer is dead. I bought my first machine, an Osborne 1, in 1981. I turned off my last one 33 years later. Leo Laporte, Gina Trapani, and I talked about this at some length at the start of This Week in Google. Now Leo’s had some fun at the expense of my Pixel, though he has come around to like his. And so I asked whether for lots of people, we’ve moved past the idea of needing to own a computer that stores data and runs applications locally.

Of course, this move still depends on what you need to do with a computer. I write — in fact, I’ve just written a 55,000-word tome about the future of journalism (betcha can’t wait for that!) using my Chomebook and Google Docs and Drive. I use the web — Chrome, of course. I communicate — everything I could need except Skype. I share. I do basic photo editing. I don’t do rigorous photo or video editing; for that, I’d still need local storage and computing. Gina says she still needs to code locally. OK, but all that, too, could change as connections speed up to gigabit speed and as remote apps and servers continue to gain power over what a personal machine could do.

We also discussed the need for a security blanket: backup. As we chatted, folks in the TWiT chatroom gave us suggestions for local hard drives and for online services such as Backupify that can backup or sync data to another service, such as Dropbox. I’ll work that out next. (In the meantime, I backed up my tome to a thumbdrive.)

So now I live in the cloud. It doesn’t really matter what device I use to get to my stuff: my Chromebook, a computer anywhere with Chrome on it, my Android phone or tablet. I still run apps, but they, like my stuff, will follow me around.

Oh, and by the way, for the first time in decades, I no longer use any Apple or Microsoft products. That’s not because I have anything against either. I just don’t need them.

Welcome to the next era of personal computing without a personal computer.

The German war against the link

German publishers are not just fighting Google. They are fighting the link and thus the essence of the internet.

Half the major publishers in Germany have started a process of arbitration — which, no doubt, will lead to suits — to demand that Google pay them for quoting from and thus linking to their content. And now we know how much they think they deserve: 11% of Google’s revenue related to their snippets. From their government filing, they want a cut of “gross sales, including foreign sales” that come “directly and indirectly from making excerpts from online newspapers and magazines public.” [All these links are in German.]

Their demands are as absurd as they are cynical and dangerous. First, of course, Google is sending the publishers plenty of value as well. That is, Google is sending the publishers us: readers, customers, the public these news organizations allegedly want to serve. So what are we, chopped liver? I’ll be posting an essay soon that argues that one reason media have a problem building new digital business models is that we still think value is intrinsic only in content; we have no marketplace and metrics for valuing the creation of an audience for it (now that those functions are unbundled). If the publishers really want a fair exchange of value, then they should also be paying Google for the links — the readers — it sends their way. But, of course, that would create a moral hazard and corrupt search; that Google does not charge for placement in search and Google News is precisely what set it apart from predecessors and built a valuable and trusted service.

Google is never going to pay for the right to quote and link to content. That would ruin not only its business but also the infrastructure of knowledge online. If we can find only the knowledge that pays to be found, then the net turns into … oh, I don’t know, a newsstand?

The publishers aren’t stupid. They realize these facts. That’s what makes their action so cynical. They are trying to blackmail net companies in hopes of getting some payoff from them. They’re not just going after Google but also Microsoft and Yahoo — though, interestingly, if a company has only a search engine, the publishers would charge them only a third of their tariff. That is to say, they want to go after the big net companies because they are big targets.

Earlier this month, I spoke at a Google Big Tent event in Berlin (Google paid my travel expenses; I do not accept other payment from Google) where a conservative member of parliament, Dorothee Bär, had the admirable guts to criticize these mostly conservative publishers for their efforts, telling them that she opposed passage of the law that is allowing this nonsense — a Leistungschutzrecht or ancillary copyright — and also warning them that a failing business model is no excuse to run to government begging for regulation. You’d think conservatives would agree about that. But that, again, is what makes the publishers’ campaign so cynical.

Note, by the way, that Google does not place advertising on Google News. Are the publishers seeking 11% of 0? Note as well that there is data to say that longer samples of content could end up sending *more* traffic to creators (more on that, too, in a later post). These are facts that will need to be discussed in any suits.

Add all this to other attacks on Google by German media and politics against Google: the Verpixelungsrecht — right to be pixelated — in Google Street View and calls by German politicians to break up Google. Add to that as well the recent European court decision upholding a right to be forgotten and requiring Google to take down links to content that subjects don’t like.

And I worry about the net. I worry about Europe and especially Germany about their efforts to protect the past. I’ll likely write more about that as well later.

But, of course, these warriors do not speak for all of Germany or all of Europe. The instigators of the war include Axel Springer, Burda, WAZ, the Müncher Merkur, and others. But other major publishers — Spiegel Online, Handelsblatt.com, FAZ.net, Stern.de, Sueddeutsche.de and [cough] the new German edition of Huffington Post — have not joined the war. And there are politicians such as Bär and outgoing vice president of the European Commission Neelie Kroes who have the courage to defend the future. Here is Kroes the other day responding to strikes across Europe protesting the arrival of Über:

The debate about taxi apps is really a debate about the wider sharing economy. That debate forces us to think about the disruptive effects of digital technology and the need for entrepreneurs in our society. . . .

Whether it is about cabs, accommodation, music, flights, the news or whatever. The fact is that digital technology is changing many aspects of our lives. We cannot address these challenges by ignoring them, by going on strike, or by trying to ban these innovations out of existence. . . .

I believe it is a fundamental truth that Europe needs more entrepreneurs: people who will shake and wake us and create jobs and growth in the process.

We also need services that are designed around consumers. The old way of creating services and regulations around producers doesn’t work anymore. They must have a voice, but if you design systems around producers it means more rules and laws (that people say they don’t want) and those laws become quickly out of date, and privilege the groups that were the best political lobbyists when the law was written.

That is old-fashioned compared to a system that helps all of us as consumers, and encourages entrepreneurs. We need both those elements in our economy; otherwise we will be outpaced to our East and our West. We’ll be known as the place that used to be the future, but instead has become the world’s tourism playground and nursing home. I don’t want Europe to have that future. . . .

More generally, the job of the law is not to lie to you and tell you that everything will always be comfortable or that tomorrow will be the same as today. It won’t. Not only that, it will be worse for you and your children if we pretend we don’t have to change. If we don’t think together about how to benefit from these changes and these new technologies, we will all suffer. . . .

The right to remember, damnit

A reporter asked me for reaction to news that Google has put up a form to meet a European court’s insane and dangerous ruling and allow people to demand that links to content they don’t like about themselves be taken down. Here’s what I said:

This is a most troubling event for speech, the web, and Europe.

The court has trampled the free-speech rights not only of Google but of the sites — and speakers — to which it links.

The court has undertaken to control knowledge — to erase what is already known — which in concept is offensive to an open and modern society and in history is a device used by tyrannies; one would have hoped that European jurists of all people would have recognized the danger of that precedent.

The court has undermined the very structure of Sir Tim Berners-Lee’s invention, the link — the underpinning of the web itself — by making now Google (and next perhaps any of us) liable just for linking to information. Will newspapers be forced to erase what they link to or quote? Will libraries be forced to take metaphoric cards out of their catalogs?

The court has, ironically, made Google only more powerful, making it the adjudicator of what information should and should not be found. The court has also given Google ludicrous parameters — e.g., having to decide what is relevant to what; relevant to whom; relevant in what context?

We don’t know how this order will be implemented by the various search engines. One question is what right of notice and appeal a delinked site will have.

If this process is public, as it should be, then doesn’t that have the potential to bring even more attention to the information in dispute? Another question is whether content will be made invisible in Europe but will still be visible — as I hope it will be — in the rest of the world, where the European court has no authority. Will this then allow others to compare search results and make the banned information only more visible? In the end, has the court assured a Streisand effect — or, as the comedian John Oliver said on his HBO show, the one thing that is known about the Spaniard who brought this case is the thing that he does not want known.

Further, what of search engines and sites that have no European offices and thus the court has no authority over them? If they refuse to delink on demand will the court ban these sites for European view?

Finally, I am concerned about the additive effect of this ruling on Europe’s reputation as technophobic or anti-American. Add to this especially various actions in Germany — government officials demanding a “Verpixelungsrecht” (a right to be pixelated) in Google Street View despite the fact that these are images taken of public views in public places; German publishers ganging up on Google to strongarm politicians into passing a law limiting the quoting of snippets of content and now threatening to break up Google — in addition to similarly head-scratching moves in France, Italy, and elsewhere. Is Europe a place where any technology company or investor will choose to work?

You ask about Eric Schmidt and David Drummond cochairing the advisory committee. That is a clear indication of how profound and dangerous this situation is in Google’s view. It so happens I was in Mountain View two weeks ago speaking to the all-hands meeting of Google’s privacy teams and I can tell you they were shocked at the ruling. I also said much of what I’ve said to you there. I am appalled by this ruling. [As a matter of disclosure, Google paid my travel expenses but I have no business relationship with Google.]