After listening to Facebook’s earnings a second time because a $270B drop in valuation deserves it, a few things stood out to me. First, the CFO, who I’ve been saying for 18 months needs to be clearer about their kneecapping, said the word “headwinds” 25 times so it’s a start. /1
Second, I’m seeing too much focus on flat/drop of Daily Active Users. Yes, that’s new but it’s their loss in ability to microtarget users as they’re opting out of tracking (iOS) plus CA and EU privacy laws are catching up to them that kneecaps their surveillance biz model. /2
Let’s listen in to their earnings a bit here. Here is the CFO during Q&A talking through some of the “headwinds” related to iOS and he also sort of mentions they may not be able to transfer data across the Atlantic any more (Schrems II). /3
This wasn’t just an on the fly answer that sounded bad. Here is how the CFO described the outlook in his prepared remarks upfront related to these same “headwinds.” /4
Then CFO describes “headwinds” in 22q1 as unique because they’re lapping q1 and q2 where they didn’t have the headwinds in place making for a tough comp in the first half of the year. This makes zero sense. Then he throws out an even $10B impact from iOS tracking prevention. /5
Of course an analyst asked how he came up with the $10B number? Zero confidence in answer. Listen, Facebook isn’t reporting its opt-out rate on its most valuable platform (iOS) but it must be 70%+. That’s a massive kneecap on their core surveillance advertising biz model. /6
Sheryl Sandberg comes in to try to clean up describing how they’re going to mitigate the effects of tracking prevention on their core surveillance advertising business model. Listen to this work of art answer. It’s just too much. /7
By the way, I wouldn’t miss that Facebook is also losing “friends” as he stumbles through a wicked and misleading (tracking prevention affects browsers, too) swipe at Google and Apple with an awkward🍎 pun in the middle of it. /8
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Woah. Sheryl Sandberg, former COO of Facebook, just sanctioned by Delaware judge for deleting emails ahead of trial this spring. This is the state pension shareholder case alleging the company overpaid the FTC and SEC in $5B+ settlements in order to protect Zuckerberg. /1
Long after the books had been inspected and many lawsuits had played out, it was disclosed last year she had a personal Gmail account under a pseudonym that may have been used for relevant communications. /2
The Judge here calls her a "high sophisticated individual." He probably doesn't know about the 2018 NYT report on how she carved out these issues in her Senate Intel testimony or how their lawyers were sanctioned on related discovery in California. /3
wow. This AI lawsuit against Facebook keeps getting worse as they reluctantly unseal documents on Court orders.
Check out this allegation. Not only two hrs before discovery cut-off but the Friday before we now know Mark Zuckerberg was deposed... /1
Here is the bit from the newly filed and now unsealed third amended complaint. Allegations here Facebook used torrenting to download a pirated dataset to train LLaMA thereby also "seeding" pirated content globally. This is a BFD. /2 storage.courtlistener.com/recap/gov.usco…
In fact, it can be criminal so this count is in the third amended complaint and the state attorney general (hello, @AGRobBonta) should note these allegations here. As it relates to this case, it may also break their privilege claims since it alleged to further a crime. /3
wow. Upon Court order, incriminating exhibits were unsealed at 3:30am in an AI lawsuit against Meta. Once past a 'fake privilege,' it appears Zuckerberg approved the use of a highly controversial, pirated dataset.
Note OpenAI, too? AI companies with no ethics or guardrails. /1
Here they acknowledge risk in media coverage, and massive EU fines, if "we have used a dataset we know to be pirated." So then you ask yourself the question, did they actually know it was pirated and use it? I uploaded docs - . /2 storage.courtlistener.com/recap/gov.usco…
To that question, here is how the internal project manager describes the dataset. Note the line (these are all my yellow highlights), "when sourced from copyrighted materials without the permission of copyright holders." /3
woah. This Friday? Too much moving on court dockets so I will surface for you. This matters, in this mega-Facebook case, as highly respected Chenault was Chairman of Facebook's board during its biggest scandals. WSJ reported he left board after disagreements with Zuckerberg. /1
Here is the report on his departure, it includes reports of disagreements with Peter Thiel, too, over elections policies and "clashes" over moderation policies.
Btw, highly relevant to the last 24hrs of news. /2 wsj.com/articles/chena…
Moving on, Zuckerberg has also been noticed for deposition after "alleged wrongdoing on a truly colossal scale." He was already deposed last month in Hawaii for 7hrs. I would expect SEC closely compares transcripts to their 2019 depo which @zamaan_qureshi managed to unseal. /3
Here is how NYT reported it in the complaint. Google and Facebook suggested it was misrepresented. Their proxies have misled public into thinking it was dismissed from lawsuit despite Google's CEO being deposed about it only months ago. /3 nytimes.com/2021/01/17/tec…
woah. ~300 redacted summary judgment google exhibits posted in TX. I've uploaded all. most eye-popping - we finally get Google-Facebook contract (aka Jedi Blue) alleged as bid rigging (yes, press was misled, it's still part of the claims). /1
If you need a definition for Match Rate, Google and Facebook include it with example of using the "encrypted blob" on mobile, feels very much like a fingerprint y'all. Here is the full contract, don't sleep on section dealing with monopoly enforcement. /2 storage.courtlistener.com/recap/gov.usco…
There are a ton of new exhibits from discovery with similar themes of Google secretly using projects to manipulate its black box auctions. "The first rule of Bernanke is we don't talk about Bernanke." /3