Bigmouthmedia search engine news: legal

Google ask FCC to ensure Verizon commit to open access rules

Tue, 06 May 2008 12:00:00 GMT

Google have filed a petition asking Verizon to pledge that it will commit to the open access rules set by the U.S. Federal Communications Commission on a band of spectrum the company acquired at the recent 700MHz auction.

Verizon was the winner of the C-Block licenses in the 700MHz spectrum, with a bid of $4.7 billion at an auction that raised a record $19.6 billion for the U.S. Treasury. They plan to use the newly acquired spectrum to develop their 4G wireless broadband network, with CEO Lowell McAdam telling investors that "with the 700MHz C Block, we're in a premier position to provide the fastest (network) and most complete footprint across the country".

The FCC had previously set rules for the C Block licenses requiring the winner to allow any device to connect to the network, and to allow any application to be downloaded on those devices. However, Google has concerns about Verizon's commitment to stick to these rules, so much so that they have filed a petition asking the FCC to acquire a pledge from Verizon before granting them the licenses. Google lawyers wrote that "the commission must ensure that Verizon understands that this license obligation means what it says: any apps, any devices".

Verizon initially opposed the open access rules, having filed a lawsuit (which was later dropped) against the FCC asking the agency to drop the rules from the auction. They then later stated that the FCC could not force the auction winners to allow open access. Google contends that Verizon have also previously argued that the rules should only apply to devices that consumers bring to the network, and not to those which Verizon sells to its customers.

Google have always been strong supporters of the open access rules, previously lobbying the FCC to include the rules in the auction. The search engine giant maintains that they are filing the petition to ensure that these rules are followed, not to stop Verizon from gaining the licenses. Richard Whitt, the Washington telecom and media counsel for Google who signed the petition stated that "what it comes down to is we want to make sure that Verizon Wireless acknowledges and accepts the conditions put on these licenses by the majority of the FCC".

Verizon have two weeks to file a reply to Google, however they do not appear to be worried by the petition, a spokesman for the company telling CNET that "Google's filing has no legal standing".

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Yahoo!-Google deal 'could face legal opposition'

Mon, 14 Apr 2008 12:00:00 GMT

Yahoo!'s recently announced plan to form an alliance with rival search engine provider Google concerning Google's AdSense for Search service could run into legal problems, experts have warned.

Last week, Yahoo! revealed it is set to begin a test of AdSense, which would deliver relevant search ads alongside Yahoo!'s own natural search results.

The move is seen as an attempt by Yahoo! to stave off Microsoft's takeover bid and received immediate criticism from the software and internet giant.

Indeed, according to Microsoft, the deal would consolidate more than 90 per cent of search advertising in Google's hands.

Commenting on the potential deal, Aaron Edlin, a law and economics teacher the University of California in Berkeley, stated that it would draw considerable scrutiny from US and European regulators, Reuters reports.

He said: "The justice department would certainly want to take a serious look at that because it would mean that a firm that would want to take advertisements or to place advertisements [online] would have only one place to go."

Meanwhile, senator Herb Kohl, a Wisconsin Democrat and chair of a Senate antitrust panel, added: "Should there be moves to make this agreement permanent, we will examine it closely in the antitrust subcommittee to ensure that it does not harm competition."

Mr Kohl went on to express reservations about the consolidation of organisations in the internet advertising market - such as Yahoo! and Google - which used to be independent from one another.

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Facebook 'finalises settlement with ConnectU'

Tue, 08 Apr 2008 12:00:00 GMT

Social networking site Facebook has come to a settlement with the founders of ConnectU after a legal battle that has run for years, the New York Times reports.

According to the publication, Facebook was engaged in discussions with ConnectU - an online meeting place for students and graduates of colleges and universities around the world - over the weekend.

The founders of ConnectU, all Harvard graduates, accused Facebook founder Mark Zuckerberg and the original team behind the site of adopting aspects of their idea.

They stated that they hired Mr Zuckerberg while he was at Harvard to help create a campus-wide dating portal entitled Harvard Connection.

The ConnectU founders went on to allege that he stopped working on the project for a number of months while making progress on his own site, subsequently going on to launch Facebook.

Meanwhile, Facebook had accused the ConnectU team, which includes brothers Cameron and Tyler Winklevoss and their colleague, Divya Narendra, of unfair business practices.

Although the terms of the settlement have not been disclosed, all motions in the case against ConnectU have now been terminated.

According to the New York Times, the case was embarrassing for Facebook and cast doubt on the ingenuity of its founder.

A Facebook spokeswoman refused to make comment on the legal matters but did reveal that motions to dismiss the case were expected to be filed "within weeks".

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Google speaks out against tighter data deletion rules

Tue, 08 Apr 2008 12:00:00 GMT

Search engine provider Google has spoken out against the possible enforcement of more stringent data deletion rules.

The Article 29 Working Party, a European commission (EC) advisory body, has recommended that search engines delete the data they collect concerning their users after six months.

Although not yet adopted by the EC as law, the report is expected to get the legal backing of the commission.

Currently, Google, along with Microsoft, stores users' private data for 18 months, while Yahoo! holds on to such information for 13 months.

Writing in a company blog, Peter Fleischer, global privacy counsel for Google, stated: "We believe that data retention requirements have to take into account the need to provide quality products and services for users, like accurate search results, as well as system security and integrity concerns."

He added that the Working Party's findings also suggested that IP addresses should be treated as personal information, "with the full weight of data protection laws".

Mr Fleischer, however, went on to say that, based on Google's own analysis, the search engine provider believes that "whether or not an IP address is personal data depends on how the data is being used".

Meanwhile, Greg Sterling, an analyst at Sterling Market Intelligence, told Bloomberg news agency that moves to tighten the laws concerning keeping user data "may threaten 'the golden goose' of the broader business of internet advertising, which uses customers' online records to offer personally targeted ads".

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Search engines may be forced to display links to safety info

Fri, 28 Mar 2008 12:00:00 GMT

Search engines, such as Google and Yahoo!, may have to display links to information concerning how to browse the web safely if the recommendations of a new report are adopted.

Conducted by clinical psychologist Dr Tanya Byron, the report was commissioned by the Labour government and focuses on the risks posed to children by the internet.

In addition to its proposals concerning search engines, the document suggests that sites which host videos uploaded by users, such as YouTube, should be made to screen their content more vigorously to protect youngsters.

Commenting on the issue, Google, which acquired YouTube in a $1.65 billion stock-for-stock transaction in November 2006, stated: "Google is deeply committed to protecting children on the internet and providing all of our users with a safe experience online."

It added that YouTube already provides users with a mechanism for flagging content which they believe to be inappropriate.

Dr Byron's 200-page report also recommends new measures forcing computer manufacturers to sell machines with Kite-marked parental control software, as well as making internet service providers give parents guidance on how to activate such software.

In its response to her suggestions, the government has revealed that it will provide full backing to the report.

However, Tony Neate, managing director of Get Safe Online, expressed his reservations about additional regulations, stating: "Laws should be a last resort," the Times reports.

He added: "I'm a great believer in self-regulation and if you can get the industry involved and work together to develop codes of practice, that's the best way forward."

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Google Apps suite causes privacy concerns in Canada

Wed, 26 Mar 2008 12:00:00 GMT

Members of staff at a Canadian university have raised concerns over possible compromises of their private data that have arisen as a result of the institution's use of Google's applications suite, it has been revealed.

Controversy has broken out a Lakehead University in Canada after employees were told not to use the Apps suite for personal or sensitive information.

Google Apps features a number of web applications, including Gmail, Google Calendar and Google Talk.

Staff at Lakehead University, which was one of the first large-scale operations to adopt the service, were warned that, because the information they input into the Apps suite is stored on Google's servers in the US, their personal information may be at risk.

Whereas under Canadian law user data is protected, US authorities have the right to read everything under the conditions of the Patriot Act.

Commenting on the issue, Tom Puk, a former president of Lakehead's faculty association, stated: "The [university] did this on the cheap. By getting this free from Google, [it] gave away our rights," the Globe and Mail reports.

He added: "You would have no idea what they are up to with your information until, perhaps, it is too late. We do not want to be subject to laws of the Patriot Act."

Mr Puk has brought a complaint against the university because, under the terms of his contract of employment, he is guaranteed private electronic communications in line with Canada's privacy laws.

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Google chases 'white space' spectrum

Tue, 25 Mar 2008 12:00:00 GMT

Search engine provider Google has urged the Federal Communications Commission (FCC) to open up unused sections of broadcast television spectrum in the US also known as 'white space'.

In a six-page letter to the body, Google promoted plans for the spectrum involving the creation of affordable broadband offerings with faster speed and reach than Wi-Fi.

Attorney for the internet giant Rick Whitt called on the FCC to adopt rules that would allow devices to make use of the white space, suggesting it is a precious resource.

He stated: "Unlike other natural resources, there is no benefit to allowing this spectrum to lie fallow. The airwaves can provide huge economic and social gains if [they are] used more efficiently - as seen today with the relatively tiny slices utilised by mobile phones and Wi-Fi services."

Mr Whitt added: "The unique qualities of the TV white space - unused spectrum, large amounts of
bandwidth and excellent propagation characteristics - offer a once-in-a-lifetime opportunity to provide ubiquitous wireless broadband access to all Americans."

Google's move to free up the white space comes shortly after the search engine provider participated in an auction for 700 MHz spectrum.

Mr Whitt stated, however, that the white space suggestions were not tied to that auction, in which Google was outbid by Verizon Wireless for the major section of wireless spectrum.

According to the San Francisco Chronicle, the FCC rejected appeals for use of white space last year after tests found that devices using the spectrum either interfered with or failed to avoid TV signals.

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Google loses Gmail trademark protection bid

Wed, 19 Mar 2008 12:00:00 GMT

Internet giant Google has failed in its bid to gain Europe-wide trademark protection for its email service Gmail.

According to a ruling by the European Union (EU), the name is too similar to an existing trademark owned by German businessman Daniel Giersch.

Mr Giersch, who received his trademark in 2000, possesses a trademark for a slogan that includes the name G-mail.

The EU stated that there is "a likelihood of confusion" between the two trademarks and therefore people "will be misled into thinking that the marks indicate a shared commercial origin", Bloomberg reports.

It rejected Google's claim that there was no risk of confusion when looking at Mr Giersch's slogan as a whole.

The businessman has been involved in legal battles with Google ever since the search engine provider launched Gmail, its free web-based email service, in 2004.

He uses a German slogan, which can be translated as "G-mail and the mail really takes off", to promote his electronic mail delivery business.

Commenting on the issue, Greg Sterling, an analyst and principal founder of consulting and research firm Sterling Market Intelligence, stated: "I would expect [Google] to appeal until they have no more legal recourse.

"Ultimately, if they fail, they will have no other way but to create a separate brand."

The next step for Google will be an appeal to the European Court of First Instance in Luxembourg.

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Google hints at new ad formats at SES New York

Tue, 18 Mar 2008 12:00:00 GMT

During a heated Orion Panel at Search Engine Strategies New York Google hinted that the search engine is developing advertising options suited to Universal Search.

Google's Universal Search blends traditional text search results with videos, news, maps and other data. John Battelle noted that Universal Search seemed to break Google's traditional revenue model of driving traffic to websites and monetising the click. In some cases Universal Search result pages offered by Google are the only page a searcher looks at as the searcher has no need to look any further.

In response to direct questioning from Federated Media's Battelle, Google conceded that the search engine had explored advertising options suited to Universal Search. The comments came from Jack Menzel, Google's Product Manager from Universal Search.

Menzel later admitted that he was surprised by statistical analysis provided by comScore. James Lamberti, Senior Vice President of Search and Media at comScore, took the Search Engine Strategies' audience through analysis of over 1.2 billion search queries at Google. ComScore's figures showed that 17% of Google results ended in some aspect of Universal Search being shown. Of the original set of 1.2 billion searches over 220 million search results included one or more video, news, map, weather, stock or image results.

ComScore's data mining revealed that the number of clicks on Google's AdWords reduced whenever an Universal Search element was present on the results page. The panel, moderated by Search Engine Watch's Kevin Ryan, discussed whether this reduction of clicks represented a threat to Google's earnings.

Lyndsay Menzies, from the digital marketing agency bigmouthmedia, explained how Universal Search increased both branding considerations and tracking challenges in search marketing. Menzies noted that a shift in thinking was required from brands previously used to ROI and ROAS only analytic models from their search campaigns. Universal Search is both an opportunity and a threat to brands.

Mike Grehan, co-moderator of the panel, and bigmouthmedia's Menzies noted that the expectations of searchers are changing. Searchers are increasingly familiar with rich interfaces offered by web 2.0 sites and the vanilla "ten blue links" format traditionally offered by Google would begin to disappoint. Universal Search represented Google's efforts in offering the most relevant search results to this generation of searchers.

Taking the audience through a typical e-commerce scenario, Menzies described how a search for a laptop may begin with the user examining pictures of different laptops on Google Universal, then researching via organic results before completing a purchase through an AdWords link.

The debate concluded with comScore revealing that although paid search clicks reduced on Universal Search, conversation rates increased. Google also reminded the audience that the search engine intends to continue to experiment with search results formats.

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Google to have "significant position" in online display ads market

Wed, 12 Mar 2008 12:00:00 GMT

Search engine provider Google expects to have a "very significant position" in the online display ads market by 2008-09, a company executive has stated.

Commenting at the Bear Stearns Media Conference in Florida recently, Tim Armstrong, Google's North American president for advertising and commerce, said that the firm would be "disappointed" if it has not achieved such a situation within the next year.

He stated: "Over time, the Google ad system won't differentiate between search and display. We want every advertiser to put all their assets in our system with multiple creatives that can go against all types of media reaching the right person in the right place."

Mr Armstrong added that Google identifies video-sharing site YouTube, which it acquired in October 2006 for $1.65 billion in a stock-for-stock transaction, as its "brightest light" in terms of display advertising potential.

In positive news for Google's bid to expand into graphical display ads market, the search engine provider's proposed acquisition of online advertising firm DoubleClick has been given approval by European regulators.

According to the New York Times, opponents of the deal had complained that such a merger could help create a "digital colossus" by allowing Google to strengthen its position in display ads, among other areas.

However, yesterday (March 11th), the European Commission ruled that the acquisition would not hurt competition because Google and DoubleClick occupy different areas of the market.

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