Jason Kint Profile picture
Oct 22, 2021 41 tweets 15 min read Read on X
Thread incoming. AGs lawsuit v Google posted upon orders of court. Simply put, there is A LOT. I previously called Google "screwed" despite redactions but there are more eye poppers.
I'm starting with Facebook market rigging allegations. Congrats Sheryl Sandberg on redaction. /1 Image
It's pretty amazing to see the actual quotes from discovery. For instance the express purpose to "kill HB." That's short for "header bidding" which was a significant threat to Google's business. /2 Image
Header bidding was bad because it allowed publishers to bypass fees which we now learn ranged between 19-22% of revenues. Also, a bit of foreshadowing here in the removed redactions as to why Facebook was a part of the threat. /3 Image
We now have internal email which explains the game which header bidding also risks disrupting - giving priority to Google's AdX despite it meaning less revenues for the publishers. Hello, SEC. One company can't participate all sides of market at this dominance. /4 Image
This is why killing header bidding was the #1 priority for a top Google executive. See the new information which is now unsealed ... and just let me know if it's at all unclear. /5 Image
According to these allegations, Google's initial way for this executive to achieve this goal involved just stopping competition, innovation and investment. "forestall major industry investment in FB..." /6 Image
Who would be the biggest target here? Well, Facebook had announced it was entering the market. (note, there are allegations that was done for bait)... we knew this but it's helpful to see the complaint in clear text and what Facebook got in return. /7 Image
We hadn't seen Facebook's own internal messages showing it was blatantly obvious why Google wanted this alleged quid pro quo with Facebook so they would exit the market. "They want to kill header bidding." Yeah, that's clear. /8 Image
OK, into the actual agreement. A number of the terms are included as screen shots. Allegations are it involved upfront agreement on auction frequency, win rates and minimum spend plus handling regulator threats. /9 Image
It also involved providing a bunch of help in identifying users, allegations compare some of the methods to "inside trading" in that Facebook was uniquely win certain terms to block inside info. Congrats, Dan. /10 ImageImage
A gag order on its lower fees which absolutely impact how auction dynamics work. When I always have called Facebook and Google a duopoly, it was my hope people would understand the two companies were taking most growth and a deal like this plays into it. /11 Image
As you think about way real-time markets work, it's not only about pricing, too. It's about access to that data and even the effects of terms around time guarantees and thresholds. Facebook got longer time, again likely due to its market size and Google wanting to "Kill HB." /12 Image
Just read the unsealed parts in yellow and think through the effects of a guaranteed spend, guaranteed bid participation and minimum win rate in an auction where each time you win it negatively impacts the rest of the market. /13 Image
Here is (just some of) the previously language in the Facebook and Google allegedly illegal market rigging deal. Do you think this drew any red flags for the executives reviewing the deal? /14 Image
I'm going to go read the rest of unsealed complaint. Here is a tease into an area which boils my blood. How various forums facilitate Google controlling and influencing the industry - in this case undermining consumer privacy - which has economic impact on the rest of market. /15 Image
During this intermission, here is a link to my December thread on the case that was widely read. It's also here so I can go back and compare my notes. /16
OK, I'm back. This is deadly. The yellow in this section is what Google tried to keep redacted and has now been unsealed. Read it. Understand it. Much of the entire online information and monetization market flows through it. /17 Image
It's interesting how Google execs repeat themselves on internal messages, "for clarity," while knowing this was entirely unclear to their users. ps delete WhatsApp, it's owned by Facebook. /18 Image
I'm back. Feels like some monopoly rents. For the journalists out there, these are jobs in your newsrooms. /19 Image
Interesting Google wanted to keep what is in yellow hidden from the public record. This "value" is as determined by Google's design influence over digital advertising. I've written about this but in a world of direct response, micro-targeted audiences, yeah, this is true. /20 Image
More stuff Google didn't want you to see, in yellow showing how much they take from publishers. This doesn't even count the value of the data they extract by having a larger surveillance advertising biz than any other company. /21 Image
when the monopolist fully acknowledges their business is able to collect rents only because it's a monopoly. Unbelievable. Thank you for unsealing the quotes in yellow this morning! /22 Image
Small publishers and local newspapers are often Google's frontline of defense against privacy and other threats to its surveillance capitalism because they are so dependent on Google for monthly checks. Yet for every $100 they earn, Google is taking $47 to $66. /23 Image
If you were in the group that only wins 20% of the time, why would you even keep playing? /24 Image
wow, we finally have a number. 75% of the ad impressions in the United States are served by Google Ad Manager according to Google's internal docs. I'm sure the fact they also own the dominant browser, search engine, buying platforms is irrelevant. /25 Image
so a publisher has to pay 10% of gross revenues for any impressions they want to route outside of Google's monopoly supply chain. that 10% is A LOT of newsroom jobs. /26 Image
Not much of a secret to anyone who has switched ad servers... but unsealed in yellow suggests internal Google docs confirm that switching costs are high. ps @vestager this explains why almost no publishers jumped ship when Google abused GDPR. /27 Image
Having now seen the numbers in yellow, how do you not describe this as a "rigged marketplace?" /28 Image
prices go down, demand goes up. do I have that right? I've even heard of a non-profit exchange that can't compete against Google because of this. /29 Image
If yellow now unsealed is in Google's own writing, it seems like pretty clear foreclosure of the market by tying together with its marketplace dominance. /30 Image
woah. a lot of redactions now unsealed when you get to the section on the 'gTrade' team. this is quant r&d to manipulate the market that funds most of the internet. WTF. No wonder Google wanted it redacted. /31 Image
We're not at the "Project Bernanke" part of the program. We learned about this in Google's response when they screwed up their redactions but it's interesting to see the full complaint. Nice Google included the photo in this ill-advised project name. /32 Image
for those not watching closely, the allegations are that this Bernanke program involved special access to advertisers' bidding history across the net to helped them minimize purchase prices... that publishers didn't know about... /33 Image
You could do an entire masters class on how this impacts publishing. I had never heard them use the term, "cookie concentration," but just know ultimately it steers the news and entertainment market to click baiting to create valuable cookies which Google can skim with milk. /33 Image
Missed this the first time as it was entirely redacted. In Google's goal to kill the competitive threat of header bidding, employees acknowledged pricing at $0 to win the market still wouldn't be effective as it wouldn't kill it and that was the core problem. /34 Image
"what would we do?"
antitrust much? /35 Image
wow again. the unsealed quotes from internal google documents really put the evidence into the real-world. "if imposing limits pushes them [publishers] more to Jedi - then we should keep those limits in place." /36 Image
Those who track the Facebook "Oversight Board" will get a kick out of the line unsealed this morning in yellow. Sheryl Sandberg is ex-Google, I wonder if this is in the Silicon Valley monopoly playbook? /37 Image
oh good grief. it was in their own emails...
"[b]y charging non-transparently on both sides, we give ourselves some flexibility to react and counteract market changes. If we face tons of pricing pressure on the buy-side, we can fall back on the sell-side, and vice-versa.” /38 Image
Sorry, phone keeps ringing. I did a double-take on this one. How in the &*^%$% is Facebook allegedly telling Google to not allow publishers (you know, the news and entertainment companies) to set price floors for their inventory in auctions??? How much $ did that shift? /39 Image
Just when Google thought I was done, here is #40 as the court has unsealed the line alleging how YouTube was leveraged to move the market towards Google's video buying technology. /40 Image

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Jason Kint

Jason Kint Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @jason_kint

Apr 11
!!!!! just unsealed, and higher than prior news reports. /1 Image
we learned last Fall in a different G lawsuit (NdCal) during widely reported testimony the number 36% as the share Google paid Apple to be locked in as default search across Apple's surfaces.
But now this was just unsealed from the two key contracts (here is 2014 which even then was 37.5%) /2Image
Here are the various Google and Apple contracts where those screen caps originate. /3 storage.courtlistener.com/recap/gov.usco…
Read 4 tweets
Mar 26
Whoa. Facebook had a secret "Project Ghostbusters" (get it?) which allegedly was to decrypt "man-in-the-middle" style Snapchat traffic to copy it. Yellow highlight indicates redactions just lifted in nine unsealed plaintiffs briefs in private antitrust lawsuit. Wild stuff. /1 Image
A lot of new stuff. There was lots of reporting (including Apple threats to boot Facebook) at the time on Facebook's software and Onavo acquisition allowing it to "spy" on competitive apps but I recall the decryption was written as a hypothetical. CEO email kickstarting it. /2 Image
You can read the press back in Jan 2019 spoon fed by Facebook PR to friendlies with no mentions of decrypting SSL then compare to this internal email below sent to Facebook's most senior executives - "currently includes SSL decryption"... /3 Image
Read 16 tweets
Mar 14
TikTok? Y’all are crazy. Yes, it’s a huge problem but hypocrisy. Last year after Facebook worked years to keep it sealed, a court unsealed its secret app audit. It showed 86,961 developers in China had access to all of our personal data…yet crickets. /1 storage.courtlistener.com/recap/gov.usco…
This is the same app audit Zuckerberg promised Congress after concerns American’s personal data had been readily mined in Russia. Throw in Iran, North Korea, you name it. Press didn’t dig in. A good source told me DOJ and Congress hadn’t ever even seen this forensic audit. /2
Yet Facebook had spent four years trying very hard to keep even the names of the forensic auditing / clean-up firms confidential. Senate Intel Chairs did send a letter, no word on whether Facebook even responded to them. /3
Read 4 tweets
Mar 14
ok, I've now read the NYT response this week to attempts by OpenAI to dismiss NYT's landmark lawsuit against the high-flying AI company.
Put simply, NYT makes it brutally clear on page one how you can tell the difference between the two companies.
Oomph. /1 Image
A few other observations from me. Like NYT's original complaint, it's smart and future-focused on fair value. Where OpenAI made frankly bizarre claims NYT was hacking the platform as it detected OpenAI had its content, NYT is right. OpenAI isn't and can't dispute it copied it. /2 Image
Um, 2022 > 2020 = TRUE. Where OpenAI tried to inject a statute-of-limitations argument that OpenAI's lifting of content was "common knowledge" in 2020, NYT points out that ChatGPT and OpenAI didn't go viral until Nov 2022. /3 Image
Read 11 tweets
Mar 6
That's rich.
Microsoft's motion to dismiss NYT landmark lawsuit against MSFT/OpenAI. The most valuable company on the planet at 3 trillion claims the right to mine (aka 'harness') every work of journalism as part of its 'collaboration.' Comparing it to copying video tapes. 1/6 Image
To be fair, MSFT, and its leadership, were testifying from Australia to US Congress on importance of a free and plural press and antitrust enforcement to support it just a few yrs ago. They genuinely seemed to care now Team Nadella has prioritized its OpenAI 'collaboration.' 2/6
I keep putting 'collaboration' in air quotes as it's an amusing attempt to reframe what is an investment worth tens of billions in which MSFT's CEO literally helped save the OpenAI CEO and company late last year. 'Collaboration' is a nice lawyer spin word for it. 3/6
Read 6 tweets
Mar 1
If you’re looking for positive courtroom news, Meta’s “nuclear” structural constitutional lawsuit v FTC in response to the FTC’s show cause to ban it from surveillance capitalism with minors went very very poorly just now. /1
Meta attempted to argue bias based on a few words in the show cause, not the statute itself, which the court called the “weakest argument” that there would be irreparable injury. A lot of back and forth but no ground given. /2
I bore you with this as the court also pointed out the high bar for irreparable injury in DC court and most small businesses can’t reach it yet risk can mean they go out of business. He said I’m fairly certain ”a few months of litigation won’t put Meta out of business.” /3
Read 5 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us!

:(