Current Insight Community Cases

Essential Datacenter Tips On Application Performance Monitoring

The Importance Of Skilled Immigrants To The American Economy

Help A New Kind of Music Label Revolutionize The Industry

Mandates To Buy American Should Be More Carefully Considered

Navigating The New Business World After This Recession

CwF + RtB

-- get "looooots of t-shirts"

Brought to you by Floor64 and the Techdirt crew.

stories filed under: "analysts"
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
analysts, free speech, magic quadrant, opinion

Companies:
gartner, zl



Tech Company Sues Gartner Because It Doesn't Like How Gartner Placed It In Its Magic Quadrant

from the hello-first-amendment dept

While I'm no fan of Gartner, and tend to think its analysis is pretty weak in many cases, a recent lawsuit filed by ZL Technologies, because ZL doesn't like how Gartner ranked it in Gartner's famous "magic quadrant" analysis, is pretty silly, and hopefully will get thrown out quickly. Gartner has every right to rank companies as it sees fit -- just as courts have noted that Google has every right to rank websites as it sees fit. Even if there are questions about the integrity of Gartner's rankings, I don't see how that's a legal issue at all. All it might do is call into question the value of relying on Gartner's ranking system. But that's a business issue, not a legal one. The court will hopefully toss this lawsuit out quickly on First Amendment grounds, and let Gartner go on pushing out magic quadrants, no matter how flawed they might be.

6 Comments | Leave a Comment..

 
Say That Again

Say That Again

by Derek Kerton


Filed Under:
analysts, experts, journalism, news



Does The Mainstream Press 'Make' or 'Own' The News?

from the you-make-it,-we-bake-it dept

Part I - Who Makes The News
In his recent post, Mike discussed how there is a two-way street between blogs and newspapers, in which both become aware of stories from each other, and both borrow ideas. Techdirt believes this is part of the free market for ideas, and that nobody can own news, but we contrast this belief with the mainstream media moguls, who rant about how bloggers "poach" the news from the newspapers, offering naught in return. There is a trend of major publishers talking about how they "own" the news they "made", even when they themselves are just reporting on stories that occurred to other people. If anyone made the news, isn't it the people involved? But news is really just facts, and nobody can "own" reality.

Continuing along the lines Mike laid out, let me introduce another group of people who often create a great deal of the content in mainstream news, but go under-credited in this debate: Analysts and Experts. When news breaks, or a general interest piece is planned for a mainstream publication, the reporters often seek the advice and opinions of industry analysts and experts. I know, because I'm often called regarding issues in the Telecom industry. The reporters will ask your expert opinion, some catchy quotes, and will integrate them into their story. However, oftentimes, I find the reporter is just starting the writing process (in 'research'), and actually doesn't know exactly what is interesting about the story. In these cases, I often spend half an hour on the phone with them explaining the background, the trends, the real scuttlebutt, the interesting aspects, who else they should talk to, what is "real" and what is spin (IMHO, of course), and who they can contact for an opposing view. Independent analysts also normally have less bias than a corporate PR rep. Often, I will refer the reporter to an article I've written or a Techdirt post on the subject. The eventual story occasionally follows my narrative quite closely.

Am I angry about this state of affairs? No. I think it's great. All I ask is that the reporter put a quote or two from me in the piece. I get some marketing exposure, and I'm more than happy to help them build their story in return. This is one way reporters do their job, and it IS useful and productive. One would guess that lots of stories are made this way. There is no problem with this, but there is a problem when the news organizations start to think they "own" the story. What they did was add professional writing, fact checking, additional interviews, but most importantly provided distribution and an audience - all of which adds value, but none of which conveys ownership.

Allow me to triple repeat myself: I have no problem with this, and in fact seek out opportunities to work with reporters. This is a system that works...right up until the publishers act like - nay, claim - they are the sole creators of the news and that bloggers are mere parasites. In many cases, the bloggers are just the same experts going straight to the market with their ideas. As an analyst, I know I can go straight to market, but I'd rather go through the NYT, because that's where the audience is.

Part II - Paywall Paradox:
So what happens when newspapers go behind a paywall, and reduce their readership by 90% to the 10% of people willing to pay? What if, at the same time, Huffington Post, Techdirt, and WiFiNetNews all offer their stuff for free? It's not just the advertisers that will follow the audience: the experts want to go where the exposure is, where the readers are. If the mainstream media reduces their audience to a small fraction of payers, then analysts would have to revisit the cost/benefit of spending half an hour with mainstream reporters. If my contribution to their mainstream article is not indexed by Google, it does ME a lot less good. I want my quotes in the results when someone searches on "muni wifi" or "derek kerton". If they're locked up, they don't promote me, and I can't link to them.

Result: many experts will prefer to work with the free publications, where the larger audience reads, and where their quote is indexed by Bing and linkable. Subsequently, paywall newspapers will find sources harder to find, and less willing to spend time. Big media reporters are accustomed to everyone eagerly returning their calls within 30 minutes. That kind of enthusiasm follows the readership, not the newspaper.

Next step: guess where the writers will want to work...

Derek Kerton is an expert at the Insight Community. To get insight and analysis from Derek Kerton and other experts on challenges your company faces, click here.

23 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
analysts, patents, wireless

Companies:
m:metrics, telephia



Analyst Firm Can Keep Collecting Data Without Infringing On Competitor's Patent

from the well,-that's-a-good-sign dept

While we talk about patents quite a bit around here, one patent lawsuit last year certainly hit quite close to home -- because it focused on a patent related to how analyst firms could do research... and we are (you might recall) an analyst firm ourselves. In this case, two of the biggest wireless analyst firms faced off in a lawsuit, after Telephia claimed it held a patent on a method for measuring wireless device and network usage -- basically a way to collect the data used in all kinds of analyst reports. Luckily for all the analyst firms out there who collect data in a variety of ways, the target of the lawsuit, M:Metrics fought back... and succeeded. A judge has dismissed Telephia's patent lawsuit against M:Metrics along with some stern words for Telephia, noting that the claims have been shown "to be either factually baseless or so highly attenuated that they fail to raise any issue of material fact." Phew. Go on collecting data at will.

1 Comments | Leave a Comment..

 
Search Techdirt
And now, a word from our Sponsors..



Popular Posts
Poll

Which Internet Concern Worries You The Most?

 

 

 

 

 

 


Add Techdirt RSS To Your Reader
rss Add Techdirt to your Bloglines
Add Techdirt to your Google Add Techdirt to your My Yahoo
Add Techdirt to your Netvibes Add Techdirt to your Newsgator
Subscribe to Techdirt's Daily Email Newsletter

Techdirt's Daily Email Newsletter

Older Stuff

Tuesday

1:56pm: Jury Says Fictional Character Can Be Libelous (28)
12:44pm: Spam King Alan Ralsky Gets Four Years In Jail (28)
11:39am: Publishers Getting The Wrong Message Over eBook Piracy (39)
10:28am: Calling For An Independent Invention Defense In Patents (26)
9:12am: Microsoft Tries To Silence Revelation Of Bing Cashback Flaws; Leads To Revelation Of Other Problems (41)
8:03am: Don't Blame Facebook For Some Kids Beating Up Another Student (61)
6:46am: Hulu Telling Sites To Stop Embedding So Much (44)
5:00am: Once Again, If The Gov't Has Data, It Will Be Abused (42)
2:53am: As Expected, Social Networking Generation Running For Office Face Their Permanent Record Online (31)
12:55am: IMAX Sues Cinemark For Building Competing System... While Being An IMAX Customer (14)

Monday

10:26pm: Filmmaker Allowed To Use The Name Rin Tin Tin To Describe Rin Tin Tin (6)
8:25pm: Senators Begin Questioning ACTA Secrecy (32)
6:34pm: Brazil E-Voting Machines Not Hacked... But Van Eck Phreaking Allowed Hacker To Record Votes (15)
5:08pm: FCC Doesn't Think The Lack Of Competition Is A Major Barrier To Broadband? (36)
3:49pm: Heads Of Major Movies Studios Claiming They Just Want To Help Poor Indie Films Harmed By Piracy (47)
2:38pm: USPTO Convinced By Amazon That Online Gift Giving Patent Is Legit (19)
1:31pm: Tiburon Approves Recording Every Car That Enters/Leaves... Despite More Evidence Of Traffic Camera Abuse In UK (90)
12:18pm: Label Exec Arrested For Not Using Twitter To Disperse Crowd At Mall To See Singer (53)
11:01am: Spanish Court Dismisses Complaint From Nintendo Against Counterfiet DS Cartridges, Since They Add Functionality (12)
9:55am: Dear PR People: If Your Exec Has A Comment, Our Comments Are Open (25)
8:44am: What Kind Of Mickey Mouse (And Donald Duck) Lawsuits Are These? (23)
7:30am: Prosecutors Ending Lawsuit Against Lori Drew (13)
6:06am: Dear Rupert: You Don't Succeed By Making Life More Difficult For Users (70)
4:20am: ESPN Writer Suspended From Twitter (59)
2:10am: School Can't Handle Critical Community Message Board; Sends Legal Nastygram (21)

Friday

7:39pm: Liberian Laws Are A Secret Due To Copyright; Even The Gov't Doesn't Have Them (43)
6:56pm: Lily Allen: It's Ok To Sell My Counterfeit CDs, Just Don't Give My Music For Free (97)
6:10pm: EFF Looks To Bust Bogus Podcasting Patent; Needs Prior Art (34)
5:28pm: Google Blocking Set Top Boxes From Showing YouTube Unless They Pay Up? (65)
4:44pm: Entertainment Industry: Yes, Please Keep Negotiating Secret Copyright Treaty To Save Our Asses (43)
More arrow
Quick Links
Close
E-mail It