Day 3: USvGoogle. Wow. “Google imposed debt on publishers” in damning evidence. After opening day with evasive top Google exec who ran adtech for both sides of market (but said “I believe so” to header bidding happening and AdX having 20% take rate), fireworks with DOJ expert. /1
Impressive DOJ expert Dr. Ravi systematically walked through conduct that had the interest conflicts lights blinking like fire alarms in Court. First, he testified 53% of Google's wins in auction were due to "First Look" (basically jumping in line to block) in Google's AdX. /2
We saw an email exhibit explaining to leadership that "launching AdX into non-DFP servers destroys G's advantage leading to AdX losing access to overall queries with less valuable inventory begetting lower CPMs causing pubs to decrease G's access to their inventory. WTF. /3
Google came across weak in its argument there was a workaround to Google's First Look in waterfall by using the sponsorship listing for header bidding. And that's before you get to the key point you're then allowing header bidding to compete with direct deals up top. /4
So First Look clearly bad (basically 53% of time Google gets to jump everyone and ignore rest of market) and then the switch to Last Look after header bidding also was cleanly explained showing Google can open the silent auction envelope and outbid the top bid when they want. /5
Then we see email from Google engineer, Martin Pal (testifying) to leadership Don Harrison explaining that (the blockbuster) "Dynamic Revenue Sharing is just another way to exploit Last Look." It's right there in the emails. And cleanly explained in Court exhibits. /6
He explains it allows G to bid high or low on high-value or low-value impressions respectively where AppNexus is about to win at high or low prices. BUT... AppNexus can't do the same when Google is about to win. From me, this is alleged conduct privileging the market power. /7
or as Dr. Ravi said, "Last Look steals bids (and revenues." He also said scale matters because as you make it higher then the effects grow further. Sounds like the search case Google just lost, yes? /8
Dr. Ravi took us thru bid shaving (Poirot), RPO and other manipulation of bids. Again, cleanly. He noted scale is critical to information advantage. As it relates to DRS, he said, "Google imposes debt on publishers" in banking the funds and paying them back over time. wow. /9
Woah. Exhibit list just posted for Facebook trial in DE starting in a few weeks. We finally have confirmation Sheryl Sandberg was deposed by the SEC - one week prior to Zuckerberg which also kept secret until a lawsuit unsealed it. Sandberg was also sanctioned in this case. /1
This matters as it gets at Who Knew What When at FB ahead of the world finding out its platform was leaking personal data for years. Zuckerberg was dodgy at best under oath to Congress, FB responses to Parliaments focused on 2018 news. But exhibits include Jan 2017 MZ emails. /2
The DE lawsuit claims Facebook's $5 billion record settlement was inflated in order to protect its CEO, Zuckerberg, and also includes (civil) insider trading claims. Zuckerberg was ordered to sit for multiple day depo this year, will have to testify live. /3
Scanning front pages across America this morning. Still today, the local A1 best captures the biggest story of the day. The majors from NY to LA to Detroit to even Arkansas. /1
From Washington DC all of the way up to the major newspapers in Alaska… the No Kings protest images are everywhere capturing the moment. /2
All of them capture peaceful protest, democracy in action, and what America is all about at a time when social media algorithms may distort what the day was all about. Illinois to Colorado. /3
Incredible work being done by the press to keep facts building on facts. Grateful. This entire WSJ report overnight starting with this lede on how White House orders sparked LA crackdown is both chilling and informative. /1
This statement. “We came to the United States for protection of what we encountered in Russia. It seems that we are encountering here what we fled.” /2
WSJ separating out cases of targeting groups who have not committed crimes but even noting here incredible resources being used against what appears to be clear, First Amendment protected activity alerted the community. Here is the must-read report. /3 wsj.com/us-news/protes…
Confession. Having watched Scott Pelley's outstanding work over nearly three decades, I almost didn't take the time to watch his W.F. commencement speech thinking the news reports told me enough of the facts. Frankly, that would have been a huge mistake on my part. Huge. 1/5
Disclosure: I'm a 60 Minutes fan. In fact, I read Don Hewitt's "Tell Me a Story" after nearly a decade in sports media and it likely tipped the scale in 2007 when I decided to jump to work at CBS. I find Pelley and team brilliant in telling stories in barely 15 min segments. 2/5
“If liberty means anything at all, it means telling someone something that they don’t want to hear. I fear there may be some people in the audience who don’t want to hear what I have to say today but I appreciate your forbearance in this small act of liberty.” - Scott Pelley 3/5
wow, another order for Mark Zuckerberg to sit for another court deposition. This time in a case involving privacy violations with ingesting web-wide health data. Remember they paid billions in cases to try to avoid this. Data and privacy issues are especially sensitive. /1
Zuckerberg depositions are interesting as they often go on for hours with highly informed attorneys driving for answers. And those answers may be put up against the often questioned veracity of his answers to Congress. Yes, as a CEO, he has testified to Congress A LOT. /2
I think his first real depo was SEC on very sensitive data scandal leading to $5B+ settlements with FTC+SEC. That scandal is still playing out in courts (did he overpay to protect himself?) It took 3yrs to get unsealed after I caught it in a footnote. /3
The Verge comes in with a massive scoop on the backstory reporting it was Musk - and Sacks - behind the scenes trying to blow up IP to train AI on behalf of his allies. This wouldn't be a surprise to anyone. /1
they have reports and details on the carnage and firing of the leadership and on the possible incorrect assumption that the new people in charge were running their playbook. /2
It may be rare that @mrddmia is in agreement with Dems but in the world of accountability for big tech abuse whether over data, monetization, IP, censorship, privacy, you name it, these aren't partisan issues. appreciate the shared voice from advocates all around. /3