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Google—Do Not Pass Go, Do Not Collect $200: Why the Tech Giant Is a “Bad” Monopoly
Hastings Law Journal Volume 71 Issue 3 Article 7 4-2020 Google—Do Not Pass Go, Do Not Collect $200: Why the Tech Giant Is a “Bad” Monopoly Alicia Ginsberg Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Alicia Ginsberg, Google—Do Not Pass Go, Do Not Collect $200: Why the Tech Giant Is a “Bad” Monopoly, 71 HASTINGS L.J. 783 (2020). Available at: https://repository.uchastings.edu/hastings_law_journal/vol71/iss3/7 This Note is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Notes Google—Do Not Pass Go, Do Not Collect $200: Why the Tech Giant Is a “Bad” Monopoly † ALICIA GINSBERG Congress enacted the Sherman Act in 1890 to promote competition and creativity in the marketplace. The Sherman Act prohibits agreements that restrain trade and lays out rules regarding monopoly power. This Note explores three distinct theories under which Google, one of the most successful technology companies in the world, could be found to have violated the Sherman Act. Specifically, in violation of Sections 1 and 2 of the Sherman Act, Google “ties” its products together and forces mobile device manufacturers to sign exclusive dealing agreements preventing them from purchasing products from Google’s competitors. Further, Google’s systematic obstruction of competing Android operating systems is a form of anticompetitive conduct in violation of Section 2 of the Sherman Act. -
Finding Alibaba: How Jerry Yang Made the Most Lucrative Bet in Silicon Valley History
Parmy Olson Forbes Staff I cover agitators and innovators in mobile. FOLLOW FORBES 9/30/2014 @ 12:55PM 122,847 views Finding Alibaba: How Jerry Yang Made The Most Lucrative Bet In Silicon Valley History This story appears in the October 20, 2014 issue of Forbes. Comment Now Follow Comments Yahoo's co-founder Jerry Yang at the office of his venture firm AME in Palo Alto, Calif. (Ethan Pines For Forbes) Jerry Yang’s Revenge - Forbes, 2014-10-20 Page 1 Jerry Yang is giving a quick tour of the conference room at his private investment firm in Palo Alto, Calif. It’s dotted with gifts and photos from his 20 years in Silicon Valley. Yahoo’s 45-year-old billionaire co-founder stops before a glass deal toy on a low table. “Um, I have no idea what that is.” He peers more closely, checks the date: September 2012. “That is… that was after I’d gone. I think that was the last deal I worked on at Yahoo.” The plaque commemorates what may have been one of the dumbest business decisions of all time. Yahoo’s board agreed to sell 523 million Alibaba shares, half of its stake, back to Alibaba at $13 apiece. Yang hadn’t been so keen to sell. They did anyway. By then he’d quit the board. Sure enough, Alibaba’s IPO last month rocked global markets. Shares of the Chinese e-commerce giant are now worth around $90. Yahoo still has a 16% stake worth $36 billion, but it left almost as much money on the table–some $35.5 billion–as its entire current market capitalization. -
Yahoo Chief Marissa Mayer to Leave Company Board After Verizon Sale 10 January 2017, by Glenn Chapman
Yahoo chief Marissa Mayer to leave company board after Verizon sale 10 January 2017, by Glenn Chapman "For me personally, I'm planning to stay," Mayer said in the post. "It's important to me to see Yahoo into its next chapter." Mayer remains chief executive at Yahoo. Recent hacking It still remained unclear on Monday how news of recent large-scale hacks might effect Yahoo's deal to sell its core operating assets to Verizon for $4.8 billion, or Mayer's role going forward. Marissa Mayer is expected to remain with Yahoo's core Yahoo said in December that personal data from business, which is being bought by Verizon over a billion users was stolen in a hack dating back to 2013—twice as big as another breach disclosed just three months earlier. Yahoo confirmed on Monday that chief executive Marissa Mayer will quit the company's board after its merger with Verizon. Mayer is expected to remain with Yahoo's core business, which is being bought by the US telecom titan. Yahoo is selling its internet operations as a way to separate that from its more valuable stake in Chinese internet giant Alibaba. The share-tending entity, to be renamed Altaba, Inc., will act as an investment company with its board reduced to five members, according to a filing with the Securities and Exchange Commission. Yahoo co-founder David Filo and Mayer will be among those resigning from the board, according to the filing. When asked what role Mayer will play after the merger with Verizon, the company referred AFP to a Tumblr post from July, after the deal to sell the company's core operations was announced. -
Refusal to License Intellectual Property Rights As an Abuse Of
Vol. 2 of 2 Refusal to License Intellectual Property Rights as an Abuse of Dominance under EU Competition Law: What is the Best Solution for Legal Certainty from a Rule of Law Perspective? By Marwa Marwan Shafiq Narmiq A thesis submitted in partial fulfilment for the requirements for the degree of Doctor of Philosophy at the University of Central Lancashire October 2019 The law is stated as at 30th November 2018 and all the internet sources mentioned in the thesis were accessible as at end of November 2018. © Marwa Narmiq, 2018 1 LIST OF CASES WTO REPORT WTO Panel Report, Argentina: Measures Affecting the Export of Bovine Hide and the Import of Finished (Argentina-Hide and Leather)- Panel Report (February 2001) WT/DS155/R WTO AB Reports, EC: Export Subsidies on Sugar (28 April 2005) WT/DS265/266/283/AB/R WTO AB Reports, EC: Pipe Fittings (22 July 2003) WT/DS/219/AB/R WTO AB Reports, EC: Sardines (26 September 2002) WT/DS231/AB/R WTO Panel Report, Japan: Measures Affecting Consumer Photographic Film and Paper (Japan-Film)- Panel Report (April 1998) WT/DS44/R WTO AB Reports, Korea: Beef (11 December 2000) WT/DS161/AB/R, WT/DS169/AB/R WTO AB Reports Mexico: Corn Syrup (22 October 2001) WT/DS132/AB/RW WTO Panel Report, Mexico: Telecoms (2 April 2004) WT/DS204/R WTO AB Reports Thailand: H-Beams (12 March 2001) WT/DS122/AB/R 2 WTO AB Reports, United States: Standards for Reformulated and Conventional Gasoline-Report of the Appellate Body (29 April 1996) AB-19996-1 and WT/DS2/AB/R WTO AB Reports US: Cotton Yarn (8 October 2001) WT/DS192/AB/R WTO AB Reports, US: FSC (24 February 2000) WT/DS108/AB/R WTO AB Reports, US: Hot Rolled Steel (24 July 2001) WT/DS184/AB/R WTO AB Reports, US: Lamb (1 May 2001) WT/DS177/AB/R, WT/DS178/AB/R WTO AB Reports, U.S: Section 211 of the Omnibus Appropriations Act of 1998 (2 January 2002) WT/DS176/AB/R EU CASES AstraZeneca AB (Case COMP/A.37.507/F3) [2005] OJ L332/24 Case T-342/99, Airtours v Commission [2002] 5 C.M.L.R 7 Case C-62/86 AKZO v Commission, ECLI:EU:C:1991:286 Case C- 245/02 Anheuser-Busch v. -
Should Google Be Taken at Its Word?
CAN GOOGLE BE TRUSTED? SHOULD GOOGLE BE TAKEN AT ITS WORD? IF SO, WHICH ONE? GOOGLE RECENTLY POSTED ABOUT “THE PRINCIPLES THAT HAVE GUIDED US FROM THE BEGINNING.” THE FIVE PRINCIPLES ARE: DO WHAT’S BEST FOR THE USER. PROVIDE THE MOST RELEVANT ANSWERS AS QUICKLY AS POSSIBLE. LABEL ADVERTISEMENTS CLEARLY. BE TRANSPARENT. LOYALTY, NOT LOCK-IN. BUT, CAN GOOGLE BE TAKEN AT ITS WORD? AND IF SO, WHICH ONE? HERE’S A LOOK AT WHAT GOOGLE EXECUTIVES HAVE SAID ABOUT THESE PRINCIPLES IN THE PAST. DECIDE FOR YOURSELF WHO TO TRUST. “DO WHAT’S BEST FOR THE USER” “DO WHAT’S BEST FOR THE USER” “I actually think most people don't want Google to answer their questions. They want Google to tell them what they should be doing next.” Eric Schmidt The Wall Street Journal 8/14/10 EXEC. CHAIRMAN ERIC SCHMIDT “DO WHAT’S BEST FOR THE USER” “We expect that advertising funded search engines will be inherently biased towards the advertisers and away from the needs of consumers.” Larry Page & Sergey Brin Stanford Thesis 1998 FOUNDERS BRIN & PAGE “DO WHAT’S BEST FOR THE USER” “The Google policy on a lot of things is to get right up to the creepy line.” Eric Schmidt at the Washington Ideas Forum 10/1/10 EXEC. CHAIRMAN ERIC SCHMIDT “DO WHAT’S BEST FOR THE USER” “We don’t monetize the thing we create…We monetize the people that use it. The more people use our products,0 the more opportunity we have to advertise to them.” Andy Rubin In the Plex SVP OF MOBILE ANDY RUBIN “PROVIDE THE MOST RELEVANT ANSWERS AS QUICKLY AS POSSIBLE” “PROVIDE THE MOST RELEVANT ANSWERS AS QUICKLY -
Review of Service Composition Interfaces
Sanna Kotkaluoto, Juha Leino, Antti Oulasvirta, Peter Peltonen, Kari‐Jouko Räihä and Seppo Törmä Review of Service Composition Interfaces DEPARTMENT OF COMPUTER SCIENCES UNIVERSITY OF TAMPERE D‐2009‐7 TAMPERE 2009 UNIVERSITY OF TAMPERE DEPARTMENT OF COMPUTER SCIENCES SERIES OF PUBLICATIONS D – NET PUBLICATIONS D‐2009‐7, OCTOBER 2009 Sanna Kotkaluoto, Juha Leino, Antti Oulasvirta, Peter Peltonen, Kari‐Jouko Räihä and Seppo Törmä Review of Service Composition Interfaces DEPARTMENT OF COMPUTER SCIENCES FIN‐33014 UNIVERSITY OF TAMPERE ISBN 978‐951‐44‐7896‐3 ISSN 1795‐4274 Preface This report was produced in the LUCRE project. LUCRE stands for Local and User-Created Services. The project is part of the Flexible Services research programme, one of the programmes of the Strategic Centre for Science, Technology and Innovation in the ICT field (TIVIT) and funded by Tekes (the Finnish Funding Agency for Technology and Innovation) and the participating organizations. The Flexible Service Programme creates service business activity for global markets. The programme has the aim of creating a Web of Services. The programme creates new types of ecosystems, in which the producers of services, the people that convey the service and the users all work together in unison. As part of such ecosystems, LUCRE will develop an easy-to-use, visual service creation platform to support the creation of context aware mobile services. The goal is to support user-driven open innovation: the end- users (people, local businesses, communities) will be provided with tools to compose new services or to modify existing ones. The service creation platform will build on the technology of existing mashup tools, widget frameworks, and publish/subscribe mechanisms. -
Q&A: Does Machiavelli's the Prince Have Relevant Lessons for Modern
Technology Innovation Management Review August 2017 (Volume 7, Issue 8) Q&A Clovia Hamilton Q. Does Machiavelli’s The Prince Have Relevant Lessons for Modern High-Tech Managers and Leaders? A. When we think of Machiavellian conduct in tech- goodness and effectiveness are not likely to go hand in nology companies, we think of cut-throat, cunning, be- hand. Individuals that take this view of The Prince may haviour. Cut-throat competition in technological not think the book is relevant to modern day leaders innovations can be the barrier to market entry (Lee, that are under considerable pressure to engage in cor- 2014). The lean philosophy is that managers and leaders porate social responsibility and ethical behaviour. Yet, are to strive for the efficient and effective use of re- morality and achieving business results are intercon- sources in order to overcome this barrier and gain com- nected. Character is the combination of a person’s petitive advantage. In order for there to be cut throats, moral habits and internalized beliefs that shape his or there have to be cut-throat technology innovation lead- her relationship to others (Kiel, 2015). Today, charac- ers and managers. What the lean philosophy lacks is ter-based business results have been coined “return on guidance on how to achieve an efficient and effective character” (ROC) and have been studied. The ROC has use of resources in a cut-throat competitive environ- been identified as an element of a CEO’s formula for ment. The challenges posed by that type of environment creating value (i.e., processes, products, raw materials do not go away and cannot be swept under the rug. -
Fairness-Aware Machine Learning an Extensive Overview
Fairness-Aware Machine Learning An Extensive Overview Jannik Dunkelau( ) and Michael Leuschel Heinrich-Heine-Universität Düsseldorf Universitätsstraße 1 · 40225 Düsseldorf [email protected] [email protected] Abstract. We provide an overview of the state-of-the-art in fairness- aware machine learning and examine a wide variety of research articles in the area. We survey different fairness notions, algorithms for pre-, in-, and post-processing of the data and models, and provide an overview of available frameworks. Keywords: Fairness · Algorithmic Fairness · Machine Learning · Survey Version Date Modifications 00 05.07.2019 Create repository 01 17.10.2019 First version of survey Table of Contents 1 Introduction . .2 1.1 Legal Motivation . .3 1.2 Types and Causes of Discrimination . .4 1.3 Causes for Machine Bias . .6 2 Related Work . .7 3 Necessary Nomenclature . .9 3.1 Machine Learning Nomenclature . .9 3.2 Fairness Nomenclature . 11 4 Mathematical Notation . 12 5 Notions of Fairness . 13 5.1 Unawareness . 14 5.2 Group fairness . 14 5.3 Predictive Parity . 16 5.4 Calibration . 19 5.5 Individual Fairness . 20 5.6 Preference-Based Fairness . 21 5.7 Causality . 22 5.8 Note on the Selection of Fairness Metrics . 23 6 Pre-Processing: Discrimination-free Training Data . 24 2 J. Dunkelau et al. 6.1 Relabelling . 24 6.2 Resampling . 25 6.3 Fair Representations . 26 6.4 Further Algorithms . 27 7 In-Processing: Discrimination-aware Learners . 28 7.1 Adjusted Learning Algorithms . 28 7.2 Adapted Loss Function . 29 7.3 Adversarial Approaches . 31 7.4 Optimisation Subject to Fairness Constraints . -
Yahoo Startup Shopping Spree Continues 4 July 2013, by Glenn Chapman
Yahoo startup shopping spree continues 4 July 2013, by Glenn Chapman Xobni goodness baked right in." Xobni products help manage email and other communications based on patterns of exchanges between people and their contacts. The acquisition continues a shopping spree launched after Marissa Mayer became chief of Yahoo a year ago. Yahoo on Tuesday announced it bought Qwiki, a New York operation behind an application that converts video and pictures on iPhones into sharable movie clips complete with music soundtracks. Yahoo on Wednesday continued a months-long take- over binge with word that it had bought Xobni, a startup The Qwiki buy announcement came a day after behind tools for better managing contact lists and email Yahoo put out word that it bought Bignoggins inboxes. Productions, a one-person operation specializing in fantasy sports applications for iPhones. Yahoo in June completed a billion-dollar deal taking Yahoo forged ahead Wednesday on its months- over the popular blogging platform Tumblr, a move long take-over binge with word that it had bought aimed at bringing more youthful users into the Xobni, a startup behind tools for better managing company's orbit. contact lists and email inboxes. Yahoo last month bought startup GhostBird Yahoo did not disclose how much it paid for Software, which makes picture-taking applications Xobni—which is 'inbox' spelled backwards—but saidfor iPhones, to enhance its Flickr photo service. it planned to use the startup's technology to improve Yahoo! Mail, Messenger and other Since former Google executive Mayer became "communications offerings." chief at Yahoo, the company has racked up a series of acquisitions including startups Alike, San Francisco-based Xobni was launched in 2006, Stamped, Snip.it and a Summly application built by and two years later the venture-backed firm hired a British teen. -
Search, Antitrust, and the Economics of the Control of User Data
Search, Antitrust, and the Economics of the Control of User Data Nathan Newmant This Article argues for reorienting many antitrust investigations-and more generally regulatory approaches-tofocus on how control of personal data by corporations can entrench monopoly power in an economy shaped increasingly by the power of "big data." What is largely missed in analyses defending Google from antitrust action is how Google's ever expanding control of user personal data and its critical value to online advertisers creates an insurmountable barrierto entry for new competition. Moreover, Google did not just inherit that business advantage through its innovation in search engine technology. Rather, Google has aggressively expanded its control of user data both by moving into new product sectors to collect additionaluser data and by invading users'privacy. Introduction: The Undermining of Competition in Online Markets...............402 A. How Google Uses Controlof User Information to Strengthen its Monopoly........... ................... ............. 405 B. The Antitrust Case Against Google ........................... 407 C. Remedies and the Argumentfor Aggressive and Earlier Regulatory Intervention.......................... 411 I. How Google Dominates the Search Advertising Market.. ............. 412 A. How the Search Advertising Market Works ......... ........ 413 B. Measuring Google's Dominance.....................414 C. Why Search Advertising is the Relevant Marketfor Antitrust Analysis ......................................... 416 D. Google's -
Acting Strategically, Thinking Critically a Casebook for Business Students
ACTING STRATEGICALLY, THINKING CRITICALLY A CASEBOOK FOR BUSINESS STUDENTS by Michael J. Merenda, Ph. D. University of New Hampshire Bassim Hamadeh, CEO and Publisher Michael Simpson, Vice President of Acquisitions and Sales Jamie Giganti, Senior Managing Editor John Remington, Senior Field Acquisitions Editor Monika Dziamka, Project Editor Brian Fahey, Licensing Specialist Miguel Macias, Graphic Designer Kat Ragudos, Interior Designer Copyright © 2016 by Michael J. Merenda. All rights reserved. No part of this publication may be reprinted, reproduced, transmitted, or utilized in any form or by any electronic, mechanical, or other means, now known or hereaft er invented, including photocopying, microfi lming, and recording, or in any information retrieval system without the written permis- sion of Cognella, Inc. First published in the United States of America in 2016 by Cognella, Inc. Trademark Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identi- fi cation and explanation without intent to infringe. Cover image copyright © by Depositphotos / stella_caraman. Printed in the United States of America ISBN: 978-1-63487-981-1 (pbk) / 978-1-63487-982-8 (br) CONTENTS PREFACE X ACKNOWLEDGMENTS XI PART 1 CHAPTERS 1 CHAPTER 1 STRATEGY CONCEPTS AND STRATEGIC MANAGEMENT 2 TIM COOK’S APPLE 2 1. INTRODUCTION: SOME INITIAL QUESTIONS TO THINK ON 3 1.1 WHY STUDY STRATEGIC MANAGEMENT? 4 2. WHAT IS A STRATEGIC DECISION? 5 3. WHAT IS STRATEGY? 7 3.1 WHAT IS GLOBAL STRATEGY? 9 3.2 WHAT CONSTITUTES A GOOD STRATEGY? 10 3.3 WHAT IS THE PURPOSE OF STRATEGY? 11 4. WHAT IS A BUSINESS MODEL? 11 4.1 BUSINESS MODELS AND VALUE CREATION 12 4.2 HOW DO YOU KNOW IF A COMPANY’S BUSINESS MODEL IS WORKING? 12 4.3 FIRST STEP IN EVALUATING BUSINESS MODEL EFFECTIVENESS—FINANCIAL ANALYSIS 15 5. -
Ebay up 50%+ Since Nelson's Open Letter to Yahoo
eBay Up 50%+ Since Nelson’s Open Letter to Yahoo CEO publication date: May 14, 2017 | author/source: Valuentum Analysts Previous | Next In February 2016, President of Investment Research at Valuentum penned an open letter to Yahoo’s CEO Marissa Mayer. In it, he said a combination of Yahoo-eBay would be substantially value-creating for shareholders. eBay’s stock has advanced 50%+ since that letter. By Valuentum Analysts We don’t write letters to CEOs often, but when we do, we have good reason. In February 2016, Yahoo (YHOO) had been under major pressure to monetize its stake in Alibaba ( BABA), and CEO Marissa Mayer had faced continuous and tremendous criticism during her tenure. Working under the assumption that Yahoo wanted to monetize its stake in Alibaba at that time and put cash to work, President of Investment Research at Valuentum Brian Nelson wrote in an open letter to CEO Marissa Mayer reasons why Yahoo’s combination with eBay (EBAY) made sense, not the least of which was eBay’s cash-rich business model that could be used to transform Yahoo-eBay into a forward-leaning Internet giant. The Business Insider interview can be found here. Since that time, eBay’s shares have rallied a whopping 50%+, and we posit that if Yahoo and eBay had combined, the synergies from the transaction, both impacting the top and bottom line, would have resulted in even more market value creation. Furthermore, the combination would have created, in our opinion, another Internet powerhouse to compete with the likes of Facebook (FB) and Google (GOOG, GOOGL) and may have put in place effective strategies to expand successfully against e-commerce behemoth Amazon (AMZN).