Thread by @jason_kint

OK all ye people depressed Judge Mehta didn't order Google broken into bits this week. I'm here to cheer you up. DOJ has its other remedies trial in 16 days and just posted its PFJ (Proposed Final Remedies) now 60+ pages of brilliant detail. Let me walk you through key terms. /1

This is the 2023 US v Google adtech win - the one DCN and its premium publishers have long been much more deep and focused on. Here’s what it means for publishers of all types - and why it will be a massive win for the open web if Judge Brinkema signs on (I believe she will). /2

First, clear structural remedies. Google must divest AdX, its ad exchange, w/in 2yrs and likely DFP, its publisher ad server. No more vertical ad stack monopoly with interest conflicts. This would finally decouple tools Google can use to rig auctions and suppress pub revenues. /3

While divestiture is underway, Google is banned from:
* Self-preferencing its own tools
* Tying/bundling AdX + DFP
* Discriminating in routing bids
* Reinstituting its illegal conduct (Google is fighting basically just to do only this term) /4

Disgorgement. Super important. Call it a DCN special - but for all pubs. Google must put 50% of its net revenue from AdX and DFP into a court-monitored escrow starting 4/17/25 to:
* support pubs' ops while moving off DFP
* fund neutral industry-run open-source ad auction /5

Google is required to open-source the code behind its ad auctions. Publishers get visibility and a new foundation for transparent auctions as confidence the auctions are only working for them in selling all of their inventory types. /6

Google can’t use its privileged access to publisher/ad buyer data to reinforce its adtech dominance. It must separate, silo, and restrict usage - especially critical as AI training models feed off of this data. /7

So effectively, if the Court agrees, DOJ here will:
* unwind two illegal Google monopolies
* empower better adtech options for publishers
* disgorge G to fund a more competitive ecosystem
* end 10+ yrs of opaque, self-dealing auctions /8

And finally, those who helped shine sunlight on all of Google's abuses over the last decade to the critical moment of these trials will be able to go back to their day lives without retaliation from Google. Note: no publishers testified in the search remedies. Hmmm. /9

But wait, what is Google's side of story as they also just posted their 25 pages. Google states (this is news by the way)
"the open web is already in rapid decline"
which IMHO is a pretty rich claim considering Google has dominated distribution, design, monetization of it. /10

Google also claims AI has changed everything since this case was brought. This is Google's "jazz hands" that succeeded in the Search case (5yrs). But this case was filed 2yrs ago. WTF. Google claims we have "entirely new enormously popular publishers, such as AI chatbots" !!!
/11

For those ready to dive into the full 61 pages, here you go. Sorry I can't easily post my highlighted version. And for the good people of the E.U., this is where you need to go. Step up to the plate, we need you. Keep at it, @Teresaribera. 🙏 storage.courtlistener.com/recap/gov.usco…

A tip to a big showdown. Google is attempting to argue divestiture isn't feasible using employee witnesses who worked on feasibility studies it wants to keep out of evidence. But Google's prior evidence purging record may well bite again. Hi Kent. /13 storage.courtlistener.com/recap/gov.usco…

One of those employee witnesses is Tim Craycroft. It appears Google counsel shut down some of his answering on this matter. Craycroft worked at Amazon for a long time so I find him very interesting as a witness here. /14