Google and Germany’s Ministry of Justice: A Wrong Idea of Dominant Position

The Germany’s Ministry of Justice asked Google to disclose its search algorithm because of the Mountain View company dominant position on the relevant market.

The request is not legitimate at least for two main reasons.

First: Google’s current “market position” is not based on a “users’ lock-in” as in the file-format case (for longtime, not being able to open a .doc file has been an effective method to have the users stuck to Microsoft Word). Everybody is free to use whatever search engine of choice. Yes, because Google is not the only kid in town: Yahoo!, Bing, DuckduckGo are in the same business, but steps behind Google. Sure, Google is THE search engine, as Altavista was a few years ago. But who but (some) historians still remember about the Google’s predecessor? And here comes the point: Google’s success is made by the people who use it: give them a better search engine (and additional features) and Google will fall on a fingers’ snap. This is the last iteration of a wrong concept of “dominant position” and “monopoly” when matched with a successful digital business model based on information as quid-pro-quo for providing (partially) free services.

Second: even if the “dominant position doctrine” were relevant to this case, the German solution would be possibly worst than the disease to be cured, because it would set the precedent that a company, for the sake of the “free market”, should be forced to disclose its industrial and trade secrets. Try to tell this to the pharmas or the automotive manufacturers and wait for the answers!

So the bottom line is: If you want to beat Google, instead of tying its hands, do create a better one.

 

 

The Government Censorship Machine Ready to Start?

Laura Boldrini, the leftwinger president of Italian Low Chamber (Camera dei deputati) has endorsed the settlement of a commission “for the Internet-related duty and rights”.

This commission is the tragical… sorry I meant “logical”, consequence of the dangerous “Internet Bill of Rights” campaign.

Given Boldrini’s attitude toward the Internet, ? I do hope that this commission wouldn’t turn into a trojan-horse ? to bash enterprise and individual rights.

Net-Threats: How To Lie With Statistics, Again

Another example of how a non-statistical-based research is turned by poorly informed journalists into “scientific truth”. Net-Threats is a survey collecting the opinions of a certain number of “experts”: as its authors clearly state:

Since the data are based on a non-random sample, the results are not projectable to any population other than the individuals expressing their points of view in this sample. The respondents’ remarks reflect their personal positions and are not the positions of their employers; the descriptions of their leadership roles help identify their background and the locus of their expertise.

But this part of the survey – that nobody but the concerned people will ever read – is missed in the ? poor journalistic account of the news and the readers will be given the wrong idea that the figures quoted are for real and that the findings are “true”.

By the way, as in the other “statistical” research about the value of personal data, I’ve written about, the findings of this survey might even be acceptable. But there is no need to beef it up with figures and percentage show off that give the general reader a wrong information.

But in this case, the culprit is the journalist.

The Data Protection Authority Leak And The (Now) Hard To Find Article

The title that links the article about the leaked Italian Data Protection Authority secret report is no more easily accessible on Repubblica.it (the newspaper that did the scoop.) There is no trace of this link in the home-page, and the title is missed in the Technology section.

If you are quick enough, a one minute short video clip gives you the possibility to click an anonymous link (labelled “Leggi su Repubblica.it” – “Read it on Repubblica.it”) and finally the article comes on screen.

Technically speaking, then, the article is still online but now in a hard-to-find form. And this is rather odd, because other older and less important articles (such as the valueless research on the personal data selling price) are still featured in the technology section of this newspaper.

Coca-Cola And The True Meaning Of Copyright

The new Coca-Cola marketing campaign in Italy puts on its bottles quotes from popular Italian songs. Of course this has been previously negotiated with the copyrights holders but not with the single artists that sold their song to the music label.

Technically speaking, Coca-Cola did nothing wrong and its activity is perfectly legal. But one of the featured singers, Caparezza, didn’t like his songs to be exploited the Coca-Cola way.

Under Italian Copyright Law, Caparezza and – broadly speaking – an artist have no actual protection in such case since once the tune has been sold to a music label, the musician only retains the “moral right” (mainly the right to be credited as the author, and the right to oppose any mutilation of his work.)

So the question is: whose interests copyright is supposed to take care of?