Advertising

US Asks Judge To Break Up Google's Ad Tech Business (theguardian.com) 41

The U.S. government is seeking to break up Google's advertising technology business after a judge ruled the company holds an illegal monopoly over ad tools for publishers, marking the second such antitrust case following a similar request to divest Chrome. The Guardian reports: "We have a defendant who has found ways to defy" the law, US government lawyer Julia Tarver Wood told a federal court in Virginia, as she urged the judge to dismiss Google's assurance that it would change its behavior. "Leaving a recidivist monopolist" intact was not appropriate to solve the issue, she added. [...] The US government specifically alleged that Google controls the market for publishing banner ads on websites, including those of many creators and small news providers.

The hearing in a Virginia courtroom was scheduled to plan out the second phase of the trial, set for September, in which the parties will argue over how to fix the ad market to satisfy the judge's ruling. The plaintiffs argued in the first phase of the trial last year that the vast majority of websites use Google ad software products which, combined, leave no way for publishers to escape Google's advertising technology and pricing.

The district court judge Leonie Brinkema agreed with most of that reasoning, ruling last month that Google built an illegal monopoly over ad software and tools used by publishers, but partially dismissed the argument related to tools used by advertisers. The US government said it would use the trial to recommend that Google should spin off its ad publisher and exchange operations, as Google could not be trusted to change its ways. "Behavioral remedies are not sufficient because you can't prevent Google from finding a new way to dominate," Tarver Wood said.

Google countered that it would recommend that it agree to a binding commitment that it would share information with advertisers and publishers on its ad tech platforms. Google lawyer Karen Dunn did, however, acknowledge the "trust issues" raised in the case and said the company would accept monitoring to guarantee any commitments made to satisfy the judge. Google is also arguing that calls for divestment are not appropriate in this case, which Brinkema swiftly refused as an argument. The judge urged both sides to mediate, stressing that coming to a compromise solution would be cost-effective and more efficient than running a weeks-long trial.

AI

OpenAI's o3 Model Beats Master-Level Geoguessr Player 32

In a blog post yesterday, Master I-ranked human GeoGuessr player Sam Patterson said that OpenAI's o3 model outscored him in a head-to-head match, "correctly identifying all five countries and twice landing within a few hundred meters." Geoguessing is a game -- most popularly known through the platform GeoGuessr -- where players are dropped into a random location in Google Street View and must figure out where in the world they are using only visual clues from the environment. With the release of its newest AI models, o3 and o4-mini, OpenAI now does a surprisingly good job of analyzing uploaded images to determine their locations using nothing but subtle visual clues.

"Even when I embedded fake GPS coordinates in the image EXIF, the model ignored the spoof and still pinpointed the real locations, showing its performance comes from visual reasoning and on-the-fly web sleuthing -- not hidden metadata," says Patterson. From the post: I notice that it often does a lot of unnecessary and repetitive cropping, and will sometimes spend way too much time on something unimportant. A human is very good at knowing what matters, and o3 is less knowledgeable about what things it should focus on. It got distracted by advertising multiple times. However, most of what it says about things like signs and road lines appears to be accurate, or at least close enough to truth that they meaningfully add up. Given the end result of these excellent guesses, it seems to arrive at the guesses from that information.

If it's using other information to arrive at the guess, then it's not metadata from the files, but instead web search. It seems likely that in the Austria round, the web search was meaningful, since it mentioned the website named the town itself. It appeared less meaningful in the Ireland round. It was still very capable in the rounds without search.

So to put a bow on this:
- The o3 model isn't smoke and mirrors, tricking us by only using EXIF data. It's at a comparable Geoguessr skill level to Master I or better players now (at least according to my own ~20 or so rounds of testing).
- Humans still hold a big edge in decision time -- most of my guesses were 4 min.
- Spoofing EXIF data doesn't throw off the model.

Whether you view this as dystopian or as a technological marvel -- or both -- you can't claim it's a parlor trick.
Chrome

OpenAI Would Buy Google's Chrome, Exec Testifies At Trial (reuters.com) 60

At Google's antitrust trial, OpenAI's head of product revealed the company would consider buying Chrome if regulators force Alphabet to sell it, arguing such a move could help improve ChatGPT's search capabilities. Reuters reports: ChatGPT head of product Nick Turley made the statement while testifying at trial in Washington where U.S. Department of Justice seeks to require Google to undertake far-reaching measures restore competition in online search. The judge overseeing the trial found last year that Google has a monopoly in online search and related advertising. Google has not offered Chrome for sale. The company plans to appeal the ruling that it holds a monopoly.

Turley wrote last year that ChatGPT was leading in the consumer chatbot market and did not see Google as its biggest competitor, according to an internal OpenAI document Google's lawyer showed at trial. He testified that the document was meant to inspire OpenAI employees and that the company would still benefit from distribution partnerships. Turley, a witness for the government, testified earlier in the day that Google shot down a bid by OpenAI to use its search technology within ChatGPT. OpenAI had reached out to Google after experiencing issues with its own search provider, Turley said, without naming the provider. ChatGPT uses technology from Microsoft's search engine, Bing. "We believe having multiple partners, and in particular Google's API, would enable us to provide a better product to users," OpenAI told Google, according to an email shown at trial.

OpenAI first reached out in July, and Google declined the request in August, saying it would involve too many competitors, according to the email. "We have no partnership with Google today," Turley said. The DOJ's proposal to make Google share search data with competitors as one means of restoring competition would help accelerate efforts to improve ChatGPT, Turley said. Search is a critical part of ChatGPT to provide answers to user queries that are up to date and factual, Turley said. ChatGPT is years away from its goal of being able to use its own search technology to answer 80% of queries, he added.

Apple

Apple Removes 'Available Now' Claim from Intelligence Page Following NAD Review (theverge.com) 21

Apple has quietly removed the "available now" designation from its Apple Intelligence marketing page following a National Advertising Division review. The change came after the NAD recommended Apple "discontinue or modify" the claim, which "reasonably conveyed the message" that all promoted AI features were immediately available with iPhone 16 devices.

The NAD, part of the Better Business Bureau, determined Apple's footnote explaining feature availability was "neither sufficiently clear and conspicuous nor close to the triggering claims."

Further reading:
Apple Delays 'More Personalized Siri' Apple Intelligence Features;
'Something Is Rotten in the State of Cupertino';
Apple Shakes Up AI Executive Ranks in Bid to Turn Around Siri.
Movies

Netflix Revenue Rises To $10.5 Billion Following Price Hike (theverge.com) 15

Netflix's Q1 revenue rose to $10.5 billion, a 13% increase from last year, while net income grew to $2.9 billion. The company says it expects more growth in the coming months when it sees "the full quarter benefit from recent price changes and continued growth in membership and advertising revenue." The Verge reports: Netflix raised the prices across most of its plans in January, with its premium plan hitting $24.99 per month. It also increased the price of its Extra Member option -- its solution to password sharing -- to $8.99 per month. Though Netflix already rolled out the increase in the US, UK, and Argentina, the streamer now plans to do the same in France. This is the first quarter that Netflix didn't reveal how many subscribers it gained or lost. It decided to only report "major subscriber milestones" last year, as other streams of revenue continue to grow, like advertising, continue to grow. Netflix last reported having 300 million global subscribers in January.

During an earnings call on Thursday, Netflix co-CEO Greg Peters said the company expects to "roughly double" advertising revenue in 2025. The company launched its own advertising technology platform earlier this month. There are some changes coming to Netflix, too, as Peters confirmed that its homepage redesign for its TV app will roll out "later this year." He also hinted at adding an "interactive" search feature using "generative technologies," which sounds a lot like the AI feature Bloomberg reported on last week.
Further reading: Netflix CEO Counters Cameron's AI Cost-Cutting Vision: 'Make Movies 10% Better'
HP

HP Agrees To $4 Million Settlement Over Claims of 'Falsely Advertising' PCs, Keyboards 31

HP has agreed to a $4 million settlement over allegations of deceptive pricing practices on its website, including falsely inflating original prices for computers and accessories to create the illusion of steep discounts. Ars Technica reports: Earlier this month, Judge P. Casey Pitts for the US District Court of the San Jose Division of the Northern District of California granted preliminary approval [PDF] of a settlement agreement regarding a class-action complaint first filed against HP on October 13, 2021. The complaint accused HP's website of showing "misleading" original pricing for various computers, mice, and keyboards that was higher than how the products were recently and typically priced.

Per the settlement agreement [PDF], HP will contribute $4 million to a "non-reversionary common fund, which shall be used to pay the (i) Settlement Class members' claims; (ii) court-approved Notice and Settlement Administration Costs; (iii) court-approved Settlement Class Representatives' Service Award; and (iv) court-approved Settlement Class Counsel Attorneys' Fees and Costs Award. All residual funds will be distributed pro rata to Settlement Class members who submitted valid claims and cashed checks."

The two plaintiffs who filed the initial complaint may also file a motion to receive a settlement class representative service award for up to $5,000 each, which would come out of the $4 million pool. People who purchased a discounted HP desktop, laptop, mouse, or keyboard that was on sale for "more than 75 percent of the time the products were offered for sale" from June 5, 2021, to October 28, 2024, are eligible for compensation. The full list of eligible products is available here [PDF] and includes HP Spectre, Chromebook Envy, and Pavilion laptops, HP Envy and Omen desktops, and some mechanical keyboards and wireless mice. Depending on the product, class members can receive $10 to $100 per eligible product purchased.
Google

Federal Judge Declares Google's Digital Ad Network Is an Illegal Monopoly (apnews.com) 47

Longtime Slashdot reader schwit1 shares a report from the Associated Press: Google has been branded an abusive monopolist by a federal judge for the second time in less than a year, this time for illegally exploiting some of its online marketing technology to boost the profits fueling an internet empire currently worth $1.8 trillion. The ruling issued Thursday by U.S. District Judge Leonie Brinkema in Virginia comes on the heels of a separate decision in August that concluded Google's namesake search engine has been illegally leveraging its dominance to stifle competition and innovation. [...] The next step in the latest case is a penalty phase that will likely begin late this year or early next year. The same so-called remedy hearings in the search monopoly case are scheduled to begin Monday in Washington D.C., where Justice Department lawyers will try to convince U.S. District Judge Amit Mehta to impose a sweeping punishment that includes a proposed requirement for Google to sell its Chrome web browser.

Brinkema's 115-page decision centers on the marketing machine that Google has spent the past 17 years building around its search engine and other widely used products and services, including its Chrome browser, YouTube video site and digital maps. The system was largely built around a series of acquisitions that started with Google's $3.2 billion purchase of online ad specialist DoubleClick in 2008. U.S. regulators approved the deals at the time they were made before realizing that they had given the Mountain View, California, company a platform to manipulate the prices in an ecosystem that a wide range of websites depend on for revenue and provides a vital marketing connection to consumers.

The Justice Department lawyers argued that Google built and maintained dominant market positions in a technology trifecta used by website publishers to sell ad space on their webpages, as well as the technology that advertisers use to get their ads in front of consumers, and the ad exchanges that conduct automated auctions in fractions of a second to match buyer and seller. After evaluating the evidence presented during a lengthy trial that concluded just before Thanksgiving last year, Brinkema reached a decision that rejected the Justice Department's assertions that Google has been mistreating advertisers while concluding the company has been abusing its power to stifle competition to the detriment of online publishers forced to rely on its network for revenue.

"For over a decade, Google has tied its publisher ad server and ad exchange together through contractual policies and technological integration, which enabled the company to establish and protect its monopoly power in these two markets." Brinkema wrote. "Google further entrenched its monopoly power by imposing anticompetitive policies on its customers and eliminating desirable product features." Despite that rebuke, Brinkema also concluded that Google didn't break the law when it snapped Doubleclick nor when it followed up that deal a few years later by buying another service, Admeld. The Justice Department "failed to show that the DoubleClick and Admeld acquisitions were anticompetitive," Brinkema wrote. "Although these acquisitions helped Google gain monopoly power in two adjacent ad tech markets, they are insufficient, when viewed in isolation, to prove that Google acquired or maintained this monopoly power through exclusionary practices." That finding may help Google fight off any attempt to force it to sell its advertising technology to stop its monopolistic behavior.

China

China Bans 'Smart' and 'Autonomous' Driving Terms From Vehicle Ads (reuters.com) 21

China is banning automakers from using the terms "smart driving" and "autonomous driving" when they advertise driving assistance features, and it will tighten scrutiny of such technology upgrades. From a report: The mandate on vehicle advertising was delivered by the Ministry of Industry and Information Technology in its meeting with nearly 60 representatives from automakers on Wednesday, according to a transcript seen by Reuters and confirmed by one of the attendees. The move follows a fatal accident involving Xiaomi's best-selling SU7 sedan in March that triggered widespread concerns over vehicle safety.
Television

LG TVs' Integrated Ads Get More Personal With Tech That Analyzes Viewer Emotions (arstechnica.com) 122

LG is partnering with Zenapse to integrate AI-driven emotional intelligence into its smart TVs, enabling hyper-targeted ads based on viewers' psychological traits, emotions, and behaviors. Ars Technica reports: The upcoming advertising approach comes via a multi-year licensing deal with Zenapse, a company describing itself as a software-as-a-service marketing platform that can drive advertiser sales "with AI-powered emotional intelligence." LG will use Zenapse's technology to divide webOS users into hyper-specific market segments that are supposed to be more informative to advertisers. LG Ad Solutions, LG's advertising business, announced the partnership on Tuesday.

The technology will be used to inform ads shown on LG smart TVs' homescreens, free ad-supported TV (FAST) channels, and elsewhere throughout webOS, per StreamTV Insider. LG will also use Zenapse's tech to "expand new software development and go-to-market products," it said. LG didn't specify the duration of its licensing deal with Zenapse. Zenapse's platform for connected TVs (CTVs), ZenVision, is supposed to be able to interpret the types of emotions shown in the content someone is watching on TV, partially by using publicly available information about the show's or movie's script and plot, StreamTV Insider reported. ZenVision also analyzes viewer behavior, grouping viewers based on their consumption patterns, the publication noted. Under the new partnership, ZenVision can use data that LG has gathered from the automatic content recognition software in LG TVs.

With all this information, ZenVision will group LG TV viewers into highly specified market segments, such as "goal-driven achievers," "social connectors," or "emotionally engaged planners," an LG spokesperson told StreamTV Insider. Zenapse's website for ZenVision points to other potential market segments, including "digital adopters," "wellness seekers," "positive impact & environment," and "money matters." Companies paying to advertise on LG TVs can then target viewers based on the ZenVision-specified market segments and deliver an "emotionally intelligent ad," as Zenapse's website puts it.

Advertising

Cheap TVs' Incessant Advertising Reaches Troubling New Lows 69

An anonymous reader quotes an op-ed from Ars Technica's Scharon Harding: TVs offer us an escape from the real world. After a long day, sometimes there's nothing more relaxing than turning on your TV, tuning into your favorite program, and unplugging from the realities around you. But what happens when divisive, potentially offensive messaging infiltrates that escape? Even with streaming services making it easy to watch TV commercial-free, it can still be difficult for TV viewers to avoid ads with these sorts of messages. That's especially the case with budget brands, which may even force controversial ads onto TVs when they're idle, making users pay for low-priced TVs in unexpected, and sometimes troubling, ways. [...]

Buying a budget TV means accepting some trade-offs. Those trade-offs have historically been around things like image quality and feature sets. But companies like Vizio are also asking customers to accept questionable advertising decisions as they look to create new paths to ad revenue. Numerous factors are pushing TV OS operators deeper into advertising. Brands are struggling to grow profits as people buy new TVs less frequently. As the TV market gets more competitive, hardware is also selling for cheaper, with some companies selling TVs at a loss with hopes of making up for it with ad sales. There's concern that these market realities could detract from real TV innovation. And as the Secretary Noem ad reportedly shown to Vizio TV owners has highlighted, another concern is the lack of care around which ads are being shown to TV owners -- especially when all they want is simple "ambient background" noise.

Today, people can disable ambient mode settings that show ads. But with some TV brands showing poor judgment around where they sell and place ads, we wouldn't bank on companies maintaining these boundaries forever. If the industry can't find a way to balance corporate needs with appropriate advertising, people might turn off not only their TVs more often, but also unplug from those brands completely.
Some of the worst offenders highlighted in the article include Vizio TVs' "Scenic Mode," which activates when the TV is idle and displays "relaxing, ambient content" accompanied by ads. Roku City takes a similar approach with its animated cityscape screensaver, saturated with brand logos and advertisements. Even Amazon Fire TV and premium brands like LG have adopted screensaver ads, showing that this intrusive trend isn't limited to budget models.
The Courts

Google To Pay $100 Million To Settle 14-Year-Old Advertising Lawsuit (msn.com) 6

An anonymous reader quotes a report from Reuters: Google has agreed to pay $100 million in cash to settle a long-running lawsuit claiming it overcharged advertisers by failing to provide promised discounts and charged for clicks on ads outside the geographic areas the advertisers targeted. A preliminary settlement of the 14-year-old class action, which began in March 2011, was filed late Thursday in the San Jose, California, federal court, and requires a judge's approval.

Advertisers who participated in Google's AdWords program, now known as Google Ads, accused the search engine operator of breaching its contract by manipulating its Smart Pricing formula to artificially reduce discounts. The advertisers also said Google, a unit of Mountain View, California-based Alphabet, misled them by failing to limit ad distribution to locations they designated, violating California's unfair competition law. Thursday's settlement covers advertisers who used AdWords between January 1, 2004, and December 13, 2012.

Google denied wrongdoing in agreeing to settle. "This case was about ad product features we changed over a decade ago and we're pleased it's resolved," spokesman Jose Castaneda said in an emailed statement. Lawyers for the plaintiffs may seek fees of up to 33% of the settlement fund, plus $4.2 million for expenses. According to court papers, the case took a long time as the parties produced extensive evidence, including more than 910,000 pages of documents and multiple terabytes of click data from Google, and participated in six mediation sessions before four different mediators.

Businesses

Reddit's 50% Stock-Price Plunge Fails to Entice Buyers as Growth Slows (yahoo.com) 38

Though it's stock price is still up 200% from its IPO in March of 2024 — last week Reddit's stock had dropped nearly 50% since February 7th.

And then this week, it dropped another 10%, reports Bloomberg, citing both the phenomenon of "volatile technology stocks under pressure" — but also specifically "the gloomy sentiment around Reddit..." The social media platform has struggled to recover since an earnings report in February showed that it is failing to keep up with larger digital advertising peers such as Meta Platforms Inc. and Alphabet Inc.'s Google, which have higher user figures. Reddit's outlook seemed precarious because its U.S. traffic took a hit from a change in Google's search algorithm.

In recent weeks, the short interest in Reddit — a proxy for the volume of bets against the company — has ticked up, and forecasts for the company's share price have fallen. One analyst opened coverage of Reddit this month with a recommendation that investors sell the shares, in part due to the company's heavy reliance on Google. Reddit shares fell more than 5% in intraday trading Friday. "It's been super overvalued," Bob Lang, founder and chief options analyst at Explosive Options said of Reddit. "Their growth rate is very strong, but they still are not making any money." Reddit had a GAAP earnings per share loss of $3.33 in 2024, but reported two consecutive quarters of positive GAAP EPS in the second half of the year...

At its February peak, Reddit's stock had risen over 500% from the $34 initial public offering price last March. Some of the enthusiasm was due to a series of deals in which Reddit was paid to allow its content to be used for training artificial intelligence models. More recently, though, there have been questions about the long-term growth prospects for the artificial intelligence industry.

"On Wall Street, the average price target from analysts has fallen to about $195 from $207 a month ago," the article points out. "That still offers a roughly $85 upside from where shares closed following Thursday's 8% slump..."

Meanwhile Reuters reported that more than 33,000 U.S. Reddit users experienced disruptions on Thursday according to Downdetector.com. "A Reddit spokesperson said the outage was due to a bug in a recent update, which has now been fixed."
IT

Are Tech-Driven 'Career Meltdowns' Hitting Generation X? (nytimes.com) 141

"I am having conversations every day with people whose careers are sort of over," a 53-year-old film and TV director told the New York Times: If you entered media or image-making in the '90s — magazine publishing, newspaper journalism, photography, graphic design, advertising, music, film, TV — there's a good chance that you are now doing something else for work. That's because those industries have shrunk or transformed themselves radically, shutting out those whose skills were once in high demand... When digital technology began seeping into their lives, with its AOL email accounts, Myspace pages and Napster downloads, it didn't seem like a threat. But by the time they entered the primes of their careers, much of their expertise had become all but obsolete.

More than a dozen members of Generation X interviewed for this article said they now find themselves shut out, economically and culturally, from their chosen fields. "My peers, friends and I continue to navigate the unforeseen obsolescence of the career paths we chose in our early 20s," Mr. Wilcha said. "The skills you cultivated, the craft you honed — it's just gone. It's startling." Every generation has its burdens. The particular plight of Gen X is to have grown up in one world only to hit middle age in a strange new land. It's as if they were making candlesticks when electricity came in. The market value of their skills plummeted...

Typically, workers in their 40s and 50s are entering their peak earning years. But for many Gen-X creatives, compensation has remained flat or decreased, factoring in the rising cost of living. The usual rate for freelance journalists is 50 cents to $1 per word — the same as it was 25 years ago... As opportunities and incomes dwindle, Gen X-ers in creative fields are weighing their options. Move to a lower-cost place and remain committed to the work you love? Look for a bland corporate job that might provide health insurance and a steady paycheck until retirement?

The article includes several examples of the trend:
  • One magazine's photo studio director says professional photographers have been replaced by "a 20-year-old kid who will do the job for $500."
  • The article adds that "When photography went digital, photo lab technicians and manual retouchers were suddenly as inessential as medieval scribes." (And "In advertising, brands ditched print and TV campaigns that required large crews for marketing plans that relied on social media posts."")
  • An editor at Spin magazine remembers the day its print edition folded...

And besides competition from influencers, there's also AI, "which seems likely to replace many of the remaining Gen X copywriters, photographers and designers. By 2030, ad agencies in the United States will lose 32,000 jobs, or 7.5 percent of the industry's work force, to the technology, according to the research firm Forrester."

Meanwhile the cost of living has skyrocketed, the article points out — even while Gen X-ers "are less secure financially than baby boomers and lack sufficient retirement savings, according to recent surveys..."


Television

Smart TVs Are Employing Screen Monitoring Tech To Harvest User Data (vox.com) 44

Smart TV platforms are increasingly monitoring what appears on users' screens through Automatic Content Recognition (ACR) technology, building detailed viewer profiles for targeted advertising.

Roku, which transitioned from a hardware company to an advertising powerhouse, reported $3.5 billion in annual ad revenue for 2024 -- representing 85% of its total income. The company has aggressively acquired ACR-related firms, with Roku-owned technology winning an Emmy in 2023 for advancements in the field.

According to market research firm Antenna, 43% of all streaming subscriptions in the United States were ad-supported by late 2024, showing the industry's shift toward advertising-based models. Most users unknowingly consent to this monitoring when setting up their devices. Though consumers can technically disable ACR in their TV settings, doing so often restricts functionality.
Facebook

Meta Considers Charging For Ad-Free Facebook and Instagram In the UK (bbc.com) 47

Meta is considering a paid subscription in the UK that would remove advertisements from its platform. The BBC reports: Under the plans, people using the social media sites could be asked to pay for an ad-free experience if they do not want their data to be tracked. Meta already provides ad-free subscriptions for Facebook and Instagram users in the EU, starting from euros (5 pounds) a month. A spokesperson for the firm said the company was "exploring the option" of offering a similar service in the UK.

They said the firm was "engaging constructively" with the UK data watchdog about the subscription service, following a consultation in 2024. The Information Commissioner's Office previously said it expected Meta to consider data protection concerns before it launched an ad-free subscription. Meta says personalized advertising allows its platforms to be free at the point of access.

Guidance issued by the regulator in January states that users must be presented with a genuine free choice. Social media platforms such as Meta heavily rely on ad revenues, and the company says personalised advertising allows its platforms to be free. Advertising accounted for more than 96% of its revenue in its latest quarterly financial results.

Privacy

Doc Searls Proposes We Set Our Own Terms and Policies for Web Site Tracking (searls.com) 33

Today long-time open source advocate/journalist Doc Searls revealed that years of work by consumer privacy groups has culminated in a proposed standard "that can vastly expand our agency in the digital world" — especially in a future world where agents surf the web on our behalf: Meet IEEE P7012 , which "identifies/addresses the manner in which personal privacy terms are proffered and how they can be read and agreed to by machines." It has been in the works since 2017, and should be ready later this year. (I say this as chair of the standard's working group.) The nickname for P7012 is MyTerms (much as the nickname for the IEEE's 802.11 standard is Wi-Fi).

The idea behind MyTerms is that the sites and services of the world should agree to your terms, rather than the other way around.

Basically your web browser proffers whatever agreement you've chosen (from a canonical list hosted at Customer Commons) to the web sites and other online services that you're visiting.

"Browser makers can build something into their product, or any developer can make a browser add-on or extension..." Searls writes. "On the site's side — the second-party side — CMS makers can build something in, or any developer can make a plug-in (WordPress) or a module (Drupal). Mobile app toolmakers can also come up with something (or many things)..." MyTerms creates a new regime for privacy: one based on contract. With each MyTerm you are the first party. Not the website, the service, or the app maker. They are the second party. And terms can be friendly. For example, a prototype term called NoStalking says "Just show me ads not based on tracking me." This is good for you, because you don't get tracked, and good for the site because it leaves open the advertising option. NoStalking lives at Customer Commons, much as personal copyrights live at Creative Commons. (Yes, the former is modeled on the latter.)
"[L]et's make this happen and show the world what agency really means," Searls concludes.

Another way to say it is they've created "a draft standard for machine-readable personal privacy terms." But Searl's article used a grander metaphor to explain its significance: When Archimedes said 'Give me a place to stand and I can move the world,' he was talking about agency. You have no agency on the Web if you are always the second party, agreeing to terms and policies set by websites.

You are Archimedes if you are the first party, setting your own terms and policies. The scale you get with those is One 2 World. The place you stand is on the Web itself — and the Internet below it.

Both were designed to make each of us an Archimedes.

Apple

Apple Sued For False Advertising Over Apple Intelligence (axios.com) 32

Apple has been hit with a federal lawsuit claiming that the company's promotion of now-delayed Apple Intelligence features constituted false advertising and unfair competition. From a report: The suit, filed Wednesday in U.S. District Court in San Jose, seeks class action status and unspecified financial damages on behalf of those who purchased Apple Intelligence-capable iPhones and other devices. "Apple's advertisements saturated the internet, television, and other airwaves to cultivate a clear and reasonable consumer expectation that these transformative features would be available upon the iPhone's release," the suit reads.

"This drove unprecedented excitement in the market, even for Apple, as the company knew it would, and as part of Apple's ongoing effort to convince consumers to upgrade at a premium price and to distinguish itself from competitors deemed to be winning the AI-arms race. [...] Contrary to Defendant's claims of advanced AI capabilities, the Products offered a significantly limited or entirely absent version of Apple Intelligence, misleading consumers about its actual utility and performance. Worse yet, Defendant promoted its Products based on these overstated AI capabilities, leading consumers to believe they were purchasing a device with features that did not exist or were materially misrepresented."

Advertising

Roku Tests Autoplaying Ads Loading Before the Home Screen 59

Roku is testing autoplaying video ads that play before users can access the home screen. While Roku claims this is just an experiment, users are threatening to abandon the platform if the change becomes permanent. Ars Technica reports: Reports of Roku customers seeing video ads automatically play before they could view the OS' home screen started appearing online this week. A Reddit user, for example, posted yesterday: "I just turned on my Roku and got an unskippable ad for a movie, before I got to the regular Roku home screen." Multiple apparent users reported seeing an ad for the movie Moana 2. When reached for comment, a Roku spokesperson shared a company statement that confirms that the autoplaying ads are expected behavior but not a permanent part of Roku OS currently. Instead, Roku claimed, it was just trying the ad capability out.

Roku's representative said that Roku's business "has and will always require continuous testing and innovation across design, navigation, content, and our first-rate advertising products," adding: "Our recent test is just the latest example, as we explore new ways to showcase brands and programming while still providing a delightful and simple user experience."
The Courts

Apple Accused of Misleading Consumers With Apple Watch 'Carbon Neutral' Claims (theverge.com) 11

Apple is facing a class action lawsuit alleging it misled consumers by falsely claiming certain Apple Watches were carbon neutral, as the carbon offset projects it relied on did not effectively reduce greenhouse gas emissions. The Verge reports: Apple said in 2023 that "select case and band combinations" of its Apple Watch Series 9, Apple Watch Ultra 2, and Apple Watch SE would be the company's first carbon neutral devices. The suit was filed on behalf of anyone who bought those watches. It alleges that the products were not really carbon neutral because they relied on faulty offset projects that didn't actually reduce the company's greenhouse gas pollution. [...]

The company's carbon neutral claims were false, and the seven plaintiffs would not have purchased the Apple Watches or paid as much for them had they known that, the lawsuit alleges. "Apple's false advertising may lead [consumers] to choose its products over genuinely sustainable alternatives," the complaint (PDF) filed in a California federal court on Wednesday says.

Apple is standing by its assertions. "We are proud of our carbon neutral products, which are the result of industry-leading innovation in clean energy and low-carbon design," Apple spokesperson Sean Redding said in an email. Redding says the company reduced Apple Watch emissions by more than 75 percent. The company focused on cutting pollution from materials, electricity, and transportation used to make the watches, in part by getting more of its suppliers to switch to clean energy. To deal with the remaining pollution, Redding says Apple invests in "nature-based projects to remove hundreds of thousands of metric tons of carbon from the air." That's where the new lawsuit finds problems.

To offset their emissions, many companies buy carbon credits from forestry projects that represent tons of planet-heating carbon dioxide that trees and soil naturally trap. Apple primarily purchased credits from the Chyulu Hills project in Kenya and the Guinan Project in China, the suit says. It alleges that neither of the projects met a basic standard for carbon offsets, which is that they capture additional CO2 that would not otherwise have been sequestered had Apple not paid to support the project.

Television

Who's Watching What on TV? Who's To Say? (nytimes.com) 45

An anonymous reader shares a report: People now watch so many programs at so many different times in so many different ways -- with an antenna, on cable, in an app or from a website, as well as live, recorded or on demand -- that it is increasingly challenging for the industry to agree on the best way to measure viewership. In some cases, media executives and advertisers are even uncertain whether a competitor's show is a hit or something well short of that.

The scramble to sort out a suitable solution began nearly a decade ago, as Netflix rose to prominence. It has only intensified since. "It is more chaotic than it's ever been," said George Ivie, the chief executive of the Media Rating Council, a leading industry measurement watchdog. For decades, there was no dispute -- Nielsen's measurement was the only game in town.

But things started to go sideways after the emergence of streaming services like Netflix, Hulu and Amazon Prime Video. Nielsen had no ability -- at least at first -- to measure how many people clicked play on those apps. The streamers, of course, knew exactly how many people were watching on their own service but they either selectively disclosed some data or did not bother releasing it at all.

Over the past two years, as nearly all the major streaming services have introduced advertising, they have released more data. But the data they release makes apples-to-apples comparisons difficult. Netflix discloses what it calls "hours viewed" and "views" for its shows. Prime Video and Max prefer to describe how many million "viewers" watched a hit of their choosing. The disclosures can be helpful to compare one show with another on the same streaming service. Yet those figures, too, can lead to disagreements.

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