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<title>Techdirt. Stories about &quot;fairsearch&quot;</title>
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<image><title>Techdirt. Stories about &quot;fairsearch&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
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<pubDate>Tue, 9 Apr 2013 09:22:50 PDT</pubDate>
<title>Google Competitors File Ridiculous EU Complaint Arguing That 'Free' Android Is Anti-Competitive</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20130409/02120322631/google-competitors-file-ridiculous-eu-complaint-arguing-that-free-android-is-anti-competitive.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20130409/02120322631/google-competitors-file-ridiculous-eu-complaint-arguing-that-free-android-is-anti-competitive.shtml</guid>
<description><![CDATA[ FairSearch, the increasingly silly and shrill looking "coalition" of tech companies which have nothing in common other than a visceral hatred for Google (it's led by Microsoft) has so far <a href="http://www.techdirt.com/articles/20130103/12312321572/google-competitors-spitting-mad-about-ftc-closing-case-promise-that-europe-texas-will-get-it-right.shtml">failed miserably</a> in convincing regulators that Google was an antitrust problem. Now it's filed a new attack on Google in the EU, arguing that <a href="http://www.fairsearch.org/mobile/fairsearch-announces-complaint-in-eu-on-googles-anti-competitive-mobile-strategy/" target="_blank">its Android mobile strategy is anti-competitive</a> because it gives Android away for free.
<blockquote><i>
&#8220;Google is using its Android mobile operating system as a &#8216;Trojan Horse&#8217; to deceive partners, monopolize the mobile marketplace, and control consumer data,&#8221; said Thomas Vinje, Brussels-based counsel to the FairSearch coalition. &#8220;We are asking the Commission to move quickly and decisively to protect competition and innovation in this critical market. Failure to act will only embolden Google to repeat its desktop abuses of dominance as consumers increasingly turn to a mobile platform dominated by Google&#8217;s Android operating system.&#8221;
<br /><br />
[....] Google achieved its dominance in the smartphone operating system market by giving Android to device-makers for &#8216;free.&#8217; 
</i></blockquote>
What's especially ridiculous here is that Microsoft, who is the major source behind FairSearch, dealt with this exact issue itself back during its antitrust fights, when people ridiculously accused it of the same thing for daring to give out Internet Explorer for "free."  The idea that giving away some software for free is somehow anti-competitive is just laughable.  That this is now being pushed by a bunch of companies who themselves use the exact same benefits of giving away free software to promote other parts of their business is just the height of cynical exploitation of the political process to try to hamstring a competitor in red tape, rather than competing in the marketplace.
<br /><br />
Law Professor James Grimmelman, who is hardly a big Google supporter (he was among those who fought the hardest against the Google Books settlement) properly called this new filing by FairSearch <a href="https://twitter.com/grimmelm/status/321468673166569472" target="_blank">"disgusting."</a>  It's a blatantly cynical attempt by Microsoft, Nokia, Expedia, TripAdvisor and Oracle to use a totally bogus legal complaint to just waste a competitor's time.  All of those companies rely on free software in some form or another.  No one in their right mind argues that offering free software is somehow anti-competitive.  It seems that FairSearch has now reached hysterical desperation as it attempts to justify itself.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20130409/02120322631/google-competitors-file-ridiculous-eu-complaint-arguing-that-free-android-is-anti-competitive.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130409/02120322631/google-competitors-file-ridiculous-eu-complaint-arguing-that-free-android-is-anti-competitive.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130409/02120322631/google-competitors-file-ridiculous-eu-complaint-arguing-that-free-android-is-anti-competitive.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>get-over-yourselves</slash:department>
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<pubDate>Thu, 3 Jan 2013 14:35:00 PST</pubDate>
<title>Google Competitors Spitting Mad About FTC Closing Case; Promise That Europe &#038; Texas Will Get It Right</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130103/12312321572/google-competitors-spitting-mad-about-ftc-closing-case-promise-that-europe-texas-will-get-it-right.shtml</link>
<guid>http://www.techdirt.com/articles/20130103/12312321572/google-competitors-spitting-mad-about-ftc-closing-case-promise-that-europe-texas-will-get-it-right.shtml</guid>
<description><![CDATA[ With the FTC <a href="http://www.techdirt.com/articles/20130103/10491421570/as-expected-ftc-announces-close-google-investigation-with-no-antitrust-charges-minor-tweaks-to-biz-practices.shtml">closing</a> its antitrust case against Google, the group of Google's competitors who were the main instigators behind the effort aren't giving up easily.  Gary Reback, the lawyer whose entire persona is wrapped up in being "the lawyer who gets the FTC to attack big companies" (he also led the charge against Microsoft a decade and a half ago) issued <a href="http://www.politico.com/story/2013/01/google-dodges-bullet-as-ftc-closes-probe-85724.html" target="_blank">an incredibly combative statement</a>:
<blockquote><i>
&#8220;I've been doing this almost 40 years, and I've done dozens if not scores of government investigations on both sides, and I have never seen a more unprofessional, incomplete, incompetent investigation,&#8221; said Gary Reback, a Silicon Valley lawyer who represented some of Google's complainants before the FTC.
</i></blockquote>
Really, now?  In the briefing the FTC gave about the situation, FTC boss, Jon Liebowitz, indicated that the Google competitors' strategy of attacking the FTC when it was suggested that there might not be enough evidence for antitrust didn't help convince the FTC to suddenly create evidence out of thin air.  Apparently, Reback would prefer that the FTC do stuff just because he says so, even as the evidence for Reback's claims are completely lacking.
<br /><br />
Meanwhile, the laughably named "FairSearch" group -- a collection of Google competitors, who teamed up to create a publicity campaign solely with the goal of attacking Google over antitrust claims, came out with its own hilarious statement, which could be summarized as "it's not over yet! There's still Europe! And Texas!"
<blockquote><i>
&#8220;The FTC's decision to close its investigation with only voluntary commitments from Google is disappointing and premature, coming just weeks before the company is expected to make a formal and detailed proposal to resolve the four abuses of dominance identified by the European Commission, first among them biased display of its own properties in search results.
 <br /><br />
The FTC&#8217;s settlement is by no means the last word in this case, leaving the FTC without a major role in the final resolution to the investigations of Google's anti-competitive practices by state attorneys general and the European Commission. The FTC&#8217;s inaction on the core question of search bias will only embolden Google to act more aggressively to misuse its monopoly power to harm other innovators.
 <br /><br />
State attorneys general who reportedly disagreed with today's announcement by the FTC have an important role to play in ensuring both that Google is not allowed to continue practices that hurt every American business through artificially high advertising costs, and to demand that whatever changes Google is forced to make in Europe also apply for U.S. consumers who risk losing innovation because of Google's aggressive abuse of its dominance.
</i></blockquote>
It is true that the EU Commission is still doing its own investigation, and given the EU's general feelings that "big" (and "American") must somehow be "bad," it's likely that they'll come down a bit more harshly on Google, as they did on Microsoft.  Similarly, some state Attorneys General (mainly <a href="http://www.techdirt.com/articles/20100905/16132410911.shtml">Texas</a>) who have been grandstanding against Google and other tech companies for years will likely grouse about this -- but their ability to do anything about it may be fairly limited, given the lack of any actual evidence of harm.
<br /><br />
In the end, this is coming off as even more sour grapes from companies who chose to focus on whining to government, rather than competing in the marketplace.  In the future, instead of spending so much on lobbyists and lawyers, perhaps they could focus on building better products that the market wants.<br /><br /><a href="http://www.techdirt.com/articles/20130103/12312321572/google-competitors-spitting-mad-about-ftc-closing-case-promise-that-europe-texas-will-get-it-right.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130103/12312321572/google-competitors-spitting-mad-about-ftc-closing-case-promise-that-europe-texas-will-get-it-right.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130103/12312321572/google-competitors-spitting-mad-about-ftc-closing-case-promise-that-europe-texas-will-get-it-right.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>we'll-see-about-that</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130103/12312321572</wfw:commentRss>
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<pubDate>Wed, 21 Sep 2011 14:31:25 PDT</pubDate>
<title>How Quickly We Forget: Google's Competitors Falsely Claim Google Dominates Because It Was 'First'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110921/14190816043/how-quickly-we-forget-googles-competitors-falsely-claim-google-dominates-because-it-was-first.shtml</link>
<guid>http://www.techdirt.com/articles/20110921/14190816043/how-quickly-we-forget-googles-competitors-falsely-claim-google-dominates-because-it-was-first.shtml</guid>
<description><![CDATA[ Well, the second part of the <a href="http://judiciary.senate.gov/hearings/hearing.cfm?id=3d9031b47812de2592c3baeba64d93cb" target="_blank">Senate's anti-Google</a> hearings have wrapped up, and like <a href="http://www.techdirt.com/articles/20110921/12515116041/theres-no-such-thing-as-natural-search-results-search-results-are-inherently-biased.shtml">the first part</a>, they seemed pretty misguided.  It was a lot of repeating things about how Google is big.  There were some reasonable points that do bear more scrutiny, concerning some of Google's business dealings with partners, but, on the whole, people seemed to be making a big deal out of nothing.
<br /><br />
For example, one Senator continually quizzed WSGR lawyer Susan Creighton over whether or not Google "scraped" content.  Creighton seemed to stumble over the question, but the proper answer is <i>of course it does, because that's how search engines work</i>.  Yelp's CEO Jeremy Stoppelman complained about Google taking the same content it indexed for search, and then using it elsewhere.  But no one mentioned the basic concept of fair use.  If it's a problem for Google to scrape and use content -- as was implied repeatedly in the hearing -- doesn't that make <i>any search engine illegal</i>?
<br /><br />
But, the most ridiculous testimony came from Thomas Barnett, a lawyer for Covington &#038; Burling, who was representing a bunch of Google competitors who put together an operation called FairSearch.  When asked about whether or not Google was a monopoly player, Barnett flat out lied, claiming that Google is dominant and can't be unseated "because it got there first."
<br /><br />
Woah!
<br /><br />
I know they say that the history books are written by the winners, but this seems like a case where the history books are being revised by the losers.  Anyone who was actually paying attention when Google came on the scene thought Google was a joke.  The search engine market was locked up and there was no room for competition.  We had Altavista, Lycos, Inktomi, Excite and a few others as well.  People thought Google was a crazy idea.  Who would possibly enter the search market -- especially since Yahoo really seemed to have the market wrapped up (without its own search engine, but partnering with Altavista and Inktomi, before later partnering with Google)?  It was a dead business.
<br /><br />
Google wasn't first.  It was seriously late to the party.
<br /><br />
And that's really the point that's important here.  Markets that look locked up in the tech/internet world very rarely stay locked up for long.  Five years ago, MySpace absolutely dominated the social networking space.  Where are they today?  Ten years ago, Yahoo was the dominant destination site.  Fifteen years ago AOL was how people got on the internet.  Fifteen years ago, Netscape was how you surfed the web.  All of these players were dominant with huge market share.  How are they all doing today?  Which one needed government regulation to break their hold on the market?  Things change.  Markets change.  Rewriting history and bitching about Google because it's big misses the point.  If Google does bad things, there are hundreds of entrepreneurs out there just waiting to take parts of the market away from the company.<br /><br /><a href="http://www.techdirt.com/articles/20110921/14190816043/how-quickly-we-forget-googles-competitors-falsely-claim-google-dominates-because-it-was-first.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110921/14190816043/how-quickly-we-forget-googles-competitors-falsely-claim-google-dominates-because-it-was-first.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110921/14190816043/how-quickly-we-forget-googles-competitors-falsely-claim-google-dominates-because-it-was-first.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>history-lesson</slash:department>
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<pubDate>Mon, 3 Jan 2011 08:39:06 PST</pubDate>
<title>Expedia Against 'Search Discrimination'... Unless It Gets To Do The Discriminating</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110102/12091112485/expedia-against-search-discrimination-unless-it-gets-to-do-discriminating.shtml</link>
<guid>http://www.techdirt.com/articles/20110102/12091112485/expedia-against-search-discrimination-unless-it-gets-to-do-discriminating.shtml</guid>
<description><![CDATA[ You may have heard about the "controversy" over the last few weeks, concerning American Airlines' decision to <a href="http://www.nytimes.com/2010/12/22/business/22air.html?_r=1" target="_blank">pull out of Orbitz</a>, the online travel booking site (we covered how American Airlines has wanted to do this for <a href="http://www.techdirt.com/articles/20080725/1322411794.shtml">years</a>, and was finally allowed to go through with it).  Almost immediately after that happened, Orbitz competitor Expedia apparently decided to "punish" American Airlines by first <a href="http://www.reuters.com/article/idUSTRE6BM3JC20101224" target="_blank">hiding AA results in Expedia's own search</a> and then <a href="http://www.reuters.com/article/idUSTRE70117K20110102?feedType=RSS&feedName=technologyNews&WT.tsrc=Social%20Media&WT.z_smid=twtr-reuters_tech&WT.z_smid_dest=Twitter" target="_blank">dropping AA altogether</a>.  While this kind of "solidarity" with a competitor might raise some collusion questions, an even bigger issue is that it <a href="http://blog.ericgoldman.org/archives/2010/12/hypocrisy_alert.htm" target="_blank">lays out Expedia's blatant hypocrisy on the question of "search discrimination."</a>
<br><br>
That's because Expedia is a leading member of a lobbying group called <a href="http://www.fairsearch.org/" target="_blank">FairSearch</a>, which was set up mainly to protest Google's planned acquisition of ITA.  Both sides on that fight have been bombarding me with press releases/articles on a near daily basis, all of which I've ignored, because it's a silly fight.  However, considering that Expedia is one of the main members of the group, and one of <a href="http://www.fairsearch.org/about-fairsearch" target="_blank">the key points</a> that the group is supposedly fighting for is protesting "search discrimination," the whole thing rings a little hypocritical.  From the FairSearch website:
<blockquote><i>
TRANSPARENCY: Consumers -- not search engines -- should choose winners in the marketplace. Consumers benefit from more choices in the search marketplace competing to win users, innovating to improve products and displaying results transparently. <b>When search providers engage in search discrimination -- manipulating search results to promote a favored product and punish competitors -- consumers pay the price.</b>
</i></blockquote>
This comes just one paragraph above a nice Expedia logo:
<center>
<img src="http://i.imgur.com/9IOSS.png" width="450" />
</center>
Yup.  So, just as Expedia, in an attempt to complain about Google, claims it's against search providers discriminating by manipulating results to promote or punish certain players, it's doing so in a way that's significantly more noticeable than anything Google is doing.  I agree with Eric Goldman that Expedia should be able to set up its search engine however it wants, even if it means making life worse off for customers by hiding certain results purely as retaliation to a company it doesn't like.  There's choice in the marketplace, and this move means that I'm much less likely to use Expedia.  But to complain about this exact form of discrimination, while doing it in a way that's much more noticeable than the one you're complaining about?  That's pure, unadulterated hypocrisy.  Way to go Expedia.
<br><Br>
All that said, I'm a bit confused about this entire dispute.  What's to stop Orbitz from simply getting American Airlines fares from wherever it wants to get them and including them?  The data is factual data, not subject to American Airlines' control, so I don't even see how AA can legally stop Orbitz from including it.  The real issue, it seems, is that AA wants Orbitz and others to get their data <A href="http://www.latimes.com/travel/sns-ap-us-travel-brief-american-airlines-online-bookin,0,7274897.story" target="_blank">directly</a>, rather than via middlemen, but the way to do that is to make it easy for the travel search engines to do that in a way that's more convenient and cheaper than getting it through any middlemen.  Not sure why that requires a legal dispute...<br /><br /><a href="http://www.techdirt.com/articles/20110102/12091112485/expedia-against-search-discrimination-unless-it-gets-to-do-discriminating.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110102/12091112485/expedia-against-search-discrimination-unless-it-gets-to-do-discriminating.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110102/12091112485/expedia-against-search-discrimination-unless-it-gets-to-do-discriminating.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>hello-hypocrites</slash:department>
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