Google lost most of the first round of its battle to topple a record $4.3 billion European Union antitrust fine that struck at the heart of the US tech giant's power over the Android mobile-phone ecosystem. From a report: In a boost for EU antitrust chief Margrethe Vestager, judges upheld the vast majority of the European Commission's arguments, but cut the penalty to 4.1 billion euros after finding faults in some of the regulator's analysis and that Google's right to a fair hearing had partly been infringed. "The General Court largely confirms the commission's decision that Google imposed unlawful restrictions on manufacturers of Android mobile devices and mobile network operators in order to consolidate the dominant position of its search engine," the Luxembourg-based EU tribunal said in a statement. The Android case is one of a trio of decisions that have been the centerpiece of Vestager's bid to rein in the growing dominance of Silicon Valley. She's fined Alphabet's Google more than 8 billion euros and has since opened new probes into the company's suspected stranglehold over digital advertising.

Google is facing two legal cases which could result in the tech giant paying out damages of up to ~$25 billion (19.5 billion pounds) over its digital advertising practices. The BBC reports: The company is accused of anti-competitive conduct, and of abusing its dominant place in the ad tech market. Separate legal cases, in the UK and in the Netherlands, are being filed in the coming weeks on behalf of publishers seeking "compensation" from Google. [...] The European Commission and its UK equivalent are investigating whether Google's dominance in the ad tech business gives it an unfair advantage over rivals and advertisers. The French competition watchdog imposed a 220 million euro fine on the company last year. Johnny Ryan, from the Irish Council for Civil Liberties, told the BBC: "Google is under pressure on two big issues - one is anti-trust and the other is data protection." Mr Ryan said more cases were coming to light as competition enforcers around the world "increasingly put demands on Google." But he added "the fines we have seen so far from competition authorities have had absolutely no consequence whatsoever."

Damien Geradin, of the Belgian law firm Geradin Partners -- which is involved in the Dutch case -- said, "Publishers, including local and national news media, who play a vital role in our society, have long been harmed by Google's anti-competitive conduct. It is time that Google owns up to its responsibilities and pays back the damages it has caused to this important industry. That is why today we are announcing these actions across two jurisdictions to obtain compensation for EU and UK publishers."

The British claim, at the UK Competition Appeal Tribunal, will seek to recover compensation for all owners of websites carrying banner advertising. If successful, this would mean a wide and diverse group could get compensation - from major media sites down to small and medium-sized businesses who produce their own online content. Businesses which do not which to be included in the legal action can opt out. [...] The UK competition watchdog is also investigating Google's power in the digital advertising technology market. The Dutch case is open to European publishers affected by Google's actions. Geradin Partners has teamed up with Dutch law firm Stek to bring the collective claim.

Streaming television is going through an existential crisis, involving the people who make it and the viewers who watch it. Its revolutionary zeal has naturally faded, as that initial wave of near limitless expansion, boundless creative opportunities and vast archival choices crashes ashore, after a spate of megamergers and a drop in new subscribers. From a report: Just when streaming has finally attracted more viewers than cable or broadcast TV, its major players are engaged in a long-predicted war for subscribers, who are becoming all too aware of rising subscription prices and, both subtly and directly, a change in what programs get made and how long they stick around. Commercials could soon become more common, and services may be bundled (for one low monthly price!), already triggering visions of a future that recalls the dark days of cable.

The list of seismic rumblings in recent weeks is long, as chronicled in the Hollywood Reporter, Variety and elsewhere: Warner Bros. Discovery is cutting shows from its archives and unfinished movies from HBO Max as it prepares to merge it with its sister streaming service Discovery Plus, having promised its shareholders a $3 billion cut in costs. Faced with a plunging stock price and worrisome subscriber loss, Netflix plans to add an advertising-supported model for a lower price and may crack down on password sharing. Disney Plus, Hulu and ESPN Plus, which can all be subscribed to in a cable-esque bundle, are raising prices after taking a more than $1 billion hit in the fiscal third quarter. [...] The fear of having your show or movie deleted on an executive's whim -- a growing reality for many, including Katai -- is compounded by the fact that in the post-DVD digital age, viewers may never be able to access the shows again. Showrunners might not even have physical copies of their own work. And that's not the only downside for creators.

Meta Platforms has disbanded its Responsible Innovation team, which was once a prominent piece of its effort to address concerns about the potential downsides of its products. From a report: The team had included roughly two dozen engineers, ethicists and others who collaborated with internal product teams and outside privacy specialists, academics and users to identify and address potential concerns about new products and alterations to Facebook and Instagram. Meta spokesman Eric Porterfield said the company remains committed to the team's goals, and that most of its former members would continue similar work elsewhere at Meta, though they aren't guaranteed new jobs. He said the company believed its safe and ethical product design resources were better spent on more issue-specific teams.

The team's demise comes at a tumultuous time for Meta, as it contends with a precipitous slowdown in its core digital-advertising business that has prompted it to slow hiring in recent months. Chief Executive Mark Zuckerberg has been trying to overhaul a broad swath of the social-media giant's businesses, emphasizing initiatives that can help drive near-term growth or that fit with his longer-term emphasis on the metaverse, a loosely defined, more immersive version of the internet that he says is central to the company's future. As envisioned, according to past statements by the company and the team's leaders, the Responsible Innovation team was to have had a formative role in future company products, beginning with encouraging newly hired engineers in how to think about potential downsides to what they build and then consulting on the design of specific products.

smooth wombat writes: France has taken steps to outlaw so-called dark stores - city-centre food depots used for instant home deliveries ordered over the internet. Faced by growing protests from local people as well as city authorities, President Emmanuel Macron's government has decreed that the stores be classified as warehouses, rather than as shops - meaning that in Paris and other cities most will probably be forced to close. Run by half a dozen competing companies such as Gorillas, Cajoo, Getir, Flink and Gopuff, "dark stores" have proliferated in France as elsewhere over the last two years after Covid confinement popularised internet food shopping. Advertising in Paris urges householders to get their food delivered in less than 10 minutes - or "quicker than a double by Benzema," referring to the French football star. A campaign by Cajoo shows "Alex" doing his shopping by smartphone while sitting on the lavatory. But residents of buildings where "dark stores" have replaced pre-existing grocery shops are angry about noise from early morning lorries and the disruption caused by squads of deliverers on electric bicycles and scooters. City officials - who spent millions to safeguard the high street against out-of-town shopping centres - are worried that the new threat from "quick commerce" will drain life from public spaces and hasten the trend to an "atomised" society of solitary consumers.

After getting "punched in the face hard" by a cratering stock price and brutal layoffs, Snap CEO Evan Spiegel told employees this week how the company plans to still grow its revenue and user base next year. The Verge reports: In an internal memo sent to employees on September 6th and obtained by The Verge, Spiegel said the company aims to grow Snapchat's user base by 30 percent to 450 million by the end of next year, and that it aims to increase revenue to $6 billion in 2023. He said the plan is for $350 million of that revenue to come from the paid subscription Snapchat recently introduced to unlock additional features, which is already on track to hit 4 million subscribers by the end of this year. [...] To achieve its user growth goal, Spiegel said Snap will focus on "increasing our penetration in at least one new large country or demographic" and onboarding more 30- to 40-year-olds. Funneling more users into the Map and Spotlight sections of Snapchat "helps to make our service more compelling for our community, harder to copy, and more resilient to competition, and increases our monetization opportunity over the longer term."

Snap recently laid off 20 percent of its workforce, cutting whole teams and projects like its recently introduced camera drone. Even still, Spiegel said the company remains committed to augmented reality, which he thinks "represents the next major evolution in computing," and that the next generation of its Spectacles AR glasses is in development. "Leadership in augmented reality is important to Snap because it helps us build a durable competitive advantage that comes from investing over the long term, building things that are technically difficult, and growing a platform that is increasingly hard to replicate," Spiegel said. "It also positions us to benefit from the next major platform shift: mobile to wearables. Leading this shift will be one of our most meaningful contributions to human progress; empowering people to express themselves, live in the moment, learn about the world, and have fun together."

Here are some other highlights from the memo:

- Snap aims to grow time spent on content by 10 percent per user in 2023.
- It wants 35 percent of users interacting daily with the Map tab of Snapchat and 30 percent of users on Spotlight, its TikTok competitor, every day next year.
- The plan is to make $6 billion in revenue and at least $1 billion in free cash flow in 2023.
- Snap wants AR-based advertising to make up 10 percent of its total ad revenue next year.
- The company wants to grow the number of people who use its AR effects, called Lenses, in other apps to 1 billion monthly users next year.
- It is setting up an AR enterprise division to sell its technology to other companies.
- "We will help developers confidentially explore the possibilities that are enabled with our next-generation" of Spectacles, according to Spiegel, which suggests the next version won't be commercially available for sale.

Sundar Pichai, chief executive officer of Google parent Alphabet, defended the internet-search giant against claims that it is anticompetitive, citing established rivals in the digital advertising market and upstart mobile app TikTok as examples of robust competition in technology. From a report: Pichai made the remarks late Tuesday at the Code Conference in Los Angeles. He said the company is "pro-competitive" and named companies including Apple and Microsoft as competitors in the advertising business and TikTok as a rival in the video space. He said that YouTube Shorts, Google's TikTok competitor, is off to a "great start."

"Competition in tech is hyper-intense," Pichai said. The rise of TikTok "shows there is competition in the space" and "how vibrant this market is" compared to years past. The US Justice Department sued Google in 2020, alleging the company dominates the search market in violation of antitrust laws. The company is the most popular search engine and only has limited competition in that business from Microsoft Bing and Yahoo Search. The DOJ is also preparing to sue Google on claims it illegally dominates the digital advertising market, people familiar with the matter told Bloomberg last month. "Do I wake up and worry about all the stuff that's coming down?" Pichai said Tuesday. "Absolutely." Still, he said, "my guidance to our teams is to be respectful and engage the way we have in Europe" and "engage constructively through the process."

Apple plans to nearly double the workforce in its fast-growing digital advertising business less than 18 months after it introduced sweeping privacy changes that hobbled its bigger rivals in the lucrative industry. Financial Times: The iPhone maker has about 250 people on its ad platforms team, according to LinkedIn. According to Apple's careers website, it is looking to fill another 216 such roles, almost quadruple the 56 it was hiring in late 2020. Apple disputed the figures but declined to elaborate. The digital ads industry has been on edge about Apple's advertising ambitions since it launched privacy rules last year that disrupted the $400bn digital ads market, making it difficult to tailor ads to Apple's 1bn-plus iPhone users.

Since the policy was introduced, Facebook parent Meta, Snap and Twitter have lost billions of dollars in revenue -- and far more in market valuation, although there have been additional contributing factors. "It was really almost like a global panic," said Jade Arenstein, global service lead at Incubeta, a South Africa-based marketing performance company, of the impact of Apple's changes. Meanwhile, Apple's once-fledgling ads business is now "incredibly fast-growing," according to a job ad. The business has gone from just a few hundred million dollars of revenue in the late 2010s to about $5bn this year, according to research group Evercore ISI, which expects Apple to have a $30bn ads business within four years.

Variety reports: Instagram has suspended Pornhub's widely followed account on the social platform. Before the sex site's account was removed from Instagram, Pornhub had 13.1 million followers and more than 6,200 posts.

Reps for Meta, Instagram's parent company, did not respond to a request for comment.

The move comes one month after Visa and Mastercard cut off payment privileges of TrafficJunky, the advertising arm of Pornhub parent company MindGeek. That followed a federal court ruling in July rejecting Visa's request to be removed from a case in which MindGeek is being sued for allegedly distributing child pornography and that alleges Visa knowingly facilitated MindGeek's ability to monetize the illegal content... In June, MindGeek CEO Feras Antoon and COO David Tassillo resigned. The Montreal, Quebec-based company also laid off an unknown number of employees.
The article notes that two dozen individual plaintiffs sued Pornhub and MindGeek last year alleging, among other things, "exploitation and monetization of child pornography."

Netflix is moving up the timeline for the debut of its cheaper, ad-supported plan to November -- in order to get out before the Dec. 8 launch of the Disney+ tier with advertising. From a report: In July, Netflix told investors that it was targeting the launch of the ad-supported plan "around the early part of 2023." But now, Netflix's ad-supported is set to go live Nov. 1 in multiple countries, including the U.S., Canada, U.K., France and Germany, according to industry sources who have been briefed on the streamer's plans. That would be a little over a month before Disney+ Basic, priced at $7.99/month, hits the market in the U.S.

Netflix declined to comment. "We are still in the early days of deciding how to launch a lower-priced, ad-supported tier and no decisions have been made," a company rep said. Sources confirmed the new Nov. 1 launch date, which was previously reported by the Wall Street Journal. Netflix and its exclusive ad partner, Microsoft, have requested ad buyers submit initial bids next week, with a "soft $65 CPM" -- the cost per thousand views -- meaning that the company is open to negotiating the ad rates. That's well above industry CPMs of sub-$20. Sources speculate Netflix's request for proposals from ad buyers will function as a Dutch auction, with the company looking to see what the market will bear.

Local law enforcement agencies from suburban Southern California to rural North Carolina have been using an obscure cellphone tracking tool, at times without search warrants, that gives them the power to follow people's movements months back in time, according to public records and internal emails obtained by The Associated Press. schwit1 shares a report: Police have used "Fog Reveal" to search hundreds of billions of records from 250 million mobile devices, and harnessed the data to create location analyses known among law enforcement as "patterns of life," according to thousands of pages of records about the company.

Sold by Virginia-based Fog Data Science LLC, Fog Reveal has been used since at least 2018 in criminal investigations ranging from the murder of a nurse in Arkansas to tracing the movements of a potential participant in the Jan. 6 insurrection at the Capitol. The tool is rarely, if ever, mentioned in court records, something that defense attorneys say makes it harder for them to properly defend their clients in cases in which the technology was used.It relies on advertising identification numbers, which Fog officials say are culled from popular cellphone apps such as Waze, Starbucks and hundreds of others that target ads based on a person's movements and interests, according to police emails. That information is then sold to companies like Fog.

Netflix has found an executive to lead its plan for an ad-supported tier: Snap's chief business officer and top ad exec, Jeremi Gorman. The Verge reports: Gorman on Tuesday told colleagues at Snap that she was leaving to join Netflix along with Peter Naylor, Snap's vice president of ad sales for the Americas, according to two people familiar with the matter. Russ Caditz-Peck, a Snap spokesperson, confirmed the departures. Both Gorman and Naylor are leaving Snap amid a restructuring of its ads team and layoffs hitting the social media firm this week. Snap plans to cut roughly 20 percent of its workforce starting Wednesday, The Verge earlier reported.

Kumiko Hidaka, a Netflix spokesperson, confirmed that Gorman will be the company's President of Worldwide Advertising and that she'll report to COO Greg Peters. Naylor will lead Netflix's ad sales organization and report to Gorman. AdAge first reported on the hires. "Jeremi's deep experience in running ad businesses and Peter's background in leading ad sales teams together will be key as we expand membership options for consumers through a new ad-supported offering," Peters said in a statement.

An anonymous reader quotes a report from The Register: Google in November will prohibit Android VPN apps in its Play store from interfering with or blocking advertising, a change that may pose problems for some privacy applications. The updated Google Play policy, announced last month, will take effect on November 1. It states that only apps using the Android VPNService base class, and that function primarily as VPNs, can open a secure device-level tunnel to a remote service. Such VPNs, however, cannot "manipulate ads that can impact apps monetization."

The rules appear to be intended to deter data-grabbing VPN services, such as Facebook's discontinued Onavo, and to prevent ad fraud. The T&Cs spell out that developers must declare the use of VPNservice in their apps' Google Play listing, must encrypt data from the device to the VPN endpoint, and must comply with Developer Program Policies, particularly those related to ad fraud, permissions, and malware.

Blokada, a Sweden-based maker of an ad-blocking VPN app, worries this rule will hinder at least the previous iteration of its software, v5, and other privacy-oriented software. "Google claims to be cracking down on apps that are using the VPN service to track user data or rerouting user traffic to earn money through ads," Reda Labdaoui, marketing and sales manager at Blokada, wrote last week in a a forum post. "However, these policy changes also apply to apps that use the service to filter traffic locally on the device." Labdaoui suggests Blokada v6, which launched in June, should not be affected because it does filtering in the cloud without violating Google's device policies. But other apps may not be so fortunate.

New research claims that of five major Big Tech firms, Google tracks more private data about users than any other -- and Apple tracks the least. AppleInsider reports: Apple has previously introduced App Tracking Transparency specifically to protect the privacy of users from other companies. However, a new report says that Apple is also avoiding doing any more tracking itself than is needed to run its services. According to StockApps.com, Apple "is the most privacy-conscious firm out there." "Apple only stores the information that is necessary to maintain users' accounts," it continues. "This is because their website is not as reliant on advertising revenue as are Google, Twitter, and Facebook."

The StockApps.com report does not list what it describes as the "data points" that Big Tech firms collect for every user. However, it says they include location details, browser history, activity on third-party websites, and in Google's case, also emails in Gmail. It also doesn't detail its methodology, but does say that it used marketing firm digitalinformationworld to investigate Apple, Amazon, Facebook, Google, and Twitter. Of these five, Google reportedly tracks 39 separate data points per user, while Apple tracks only 12. Unexpectedly, Facebook is stated as tracking only 14 data points, while Amazon tracks 23, and Twitter tracks 24.

An anonymous reader quotes a report from Reuters: Google has breached a European Union court ruling by sending unsolicited advertising emails directly to the inbox of Gmail users, Austrian advocacy group noyb.eu said on Wednesday in a complaint filed with France's data protection watchdog. The Alphabet unit, whose revenues mainly come from online advertising, should ask Gmail users for their prior consent before sending them any direct marketing emails, noyb.eu said, citing a 2021 decision by the Court of Justice of the European Union (CJUE).

While Google's ad emails may look like normal ones, they include the word "Ad" in green letters on the left-hand side, below the subject of the email, noyb.eu said in its complaint. Also, they do not include a date, the advocacy group added. "It's as if the postman was paid to remove the ads from your mailbox and put his own instead," said Romain Robert, program director at noyb.eu, with reference to Gmail's anti-spam filters that put most unsolicited emails in a separate folder. While any CNIL decision would be only applicable in France, it could compel Google to review its practices in the region.

A new privacy class action claim (PDF) in the U.S. alleges Oracle's "worldwide surveillance machine" has amassed detailed dossiers on some five billion people, "accusing the company and its adtech and advertising subsidiaries of violating the privacy of the majority of the people on Earth," reports TechCrunch. From the report: The suit has three class representatives: Dr Johnny Ryan, senior fellow of the Irish Council for Civil Liberties (ICCL); Michael Katz-Lacabe, director of research at The Center for Human Rights and Privacy; and Dr Jennifer Golbeck, a professor of computer science at the University of Maryland -- who say they are "acting on behalf of worldwide Internet users who have been subject to Oracle's privacy violations." The litigants are represented by the San Francisco-headquartered law firm, Lieff Cabraser, which they note has run significant privacy cases against Big Tech. The key point here is there is no comprehensive federal privacy law in the U.S. -- so the litigation is certainly facing a hostile environment to make a privacy case -- hence the complaint references multiple federal, constitutional, tort and state laws, alleging violations of the Federal Electronic Communications Privacy Act, the Constitution of the State of California, the California Invasion of Privacy Act, as well as competition law, and the common law.

It remains to be seen whether this "patchwork" approach to a tricky legal environment will prevail -- for an expert snap analysis of the complaint and some key challenges this whole thread is highly recommended. But the substance of the complaint hinges on allegations that Oracle collects vast amounts of data from unwitting Internet users, i.e. without their consent, and uses this surveillance intelligence to profile individuals, further enriching profiles via its data marketplace and threatening people's privacy on a vast scale -- including, per the allegations, by the use of proxies for sensitive data to circumvent privacy controls.

The ubiquitous device is becoming a shop window for the firm's services. From a report: As it dreams up more gadgets to sell to more people, however, Apple is employing another strategy in parallel. The company has so far put 1.8bn devices in the pockets and on the desks of some of the world's most affluent consumers. Now it is selling access to those customers to other companies, and persuading those who own its devices to sign up to its own subscription services. As Luca Maestri, Apple's chief financial officer, said on a recent earnings call, the Apple devices in circulation represent "a big engine for our services business." The strategy is picking up speed. Last year services brought in $68bn in revenue, or 19% of Apple's total. That is double the share in 2015. In the latest quarter services' share was even higher, at 24%. Apple doesn't break down where the money comes from, but the biggest chunk is reckoned to be fees from its app store, which amounted to perhaps $25bn last year, according to Sensor Tower, a data provider.

The next-biggest part is probably the payment from Google for the right to be Apple devices' default search engine. This was $10bn in 2020; analysts believe the going rate now is nearer $20bn. Apple's fast-growing advertising business -- mainly selling search ads in its app store -- will bring in nearly $7bn this year, reckons eMarketer, another research firm. Most of the rest comes from a range of subscription services: iCloud storage, Apple Music and Apple Care insurance are probably the biggest, estimates Morgan Stanley, an investment bank. More recent ventures like Apple tv+, Apple Fitness, Apple Arcade and Apple Pay make up the rest. New services keep popping up. Last November Apple launched a subscription product for small companies called Apple Business Essentials, offering tech support, device management and so on. In June it announced a "buy now, pay later" service. The company claims a total of 860m active paid subscriptions, nearly a quarter more than it had a year ago.

Some offers of high rates and low fees have strings attached. From a report: Digit is a trendy financial technology company in San Francisco that offers traditional banking services online, complete with a tool that can automatically allocate a portion of customers' deposits to a savings account to match their investing goals. The service comes with a "no overdraft guarantee." Sound too good to be true? According to the Consumer Financial Protection Bureau, some of it is. Earlier this month the regulator hit Digit, now part of Oportun Financial, a lender in San Carlos, Calif., with a $2.7 million fine for falsely advertising the no-overdraft guarantee. Turns out, the algorithm Digit used to move funds around drained some customers' checking accounts, triggering the overdraft fees. Even after customers complained, Digit failed to reimburse them, despite saying it would, the CFPB found. "While we disagree with the CFPB on this matter, we are happy to have it settled," says an Oportun spokesperson. The company says fewer than 2,000 customers were overcharged.

Digit isn't the only consumer finance company failing to meet the lofty expectations its own advertising sets. There are about 60 other such fintechs, known as "challenger banks" or "neobanks," in the US, offering a similar suite of products. They have about 23 million customers, a figure that's expected to more than double -- to 50 million -- by 2025, according to consumer finance website Bankrate.com. Despite the name, they aren't banks but technology companies that form partnerships with obscure, conventional banks to give customers digital access to their money. In doing so, neobanks can offer Federal Deposit Insurance Corp. protection to checking and savings accounts. In Digit's case, its banking-services partner is South Dakota-based MetaBank, which says it wasn't involved in the CFPB matter.

After just four months, Snapchat is sunsetting future development on its easy-to-use "Pixy" drone, "seemingly in part of a broader effort to cut costs after the company's second-quarter earnings," reports Input Mag. The Wall Street Journal was first to break the news. From the report: Snap isn't alone in suffering under the current economic downturn -- or the long-term effect Apple's App Tracking Transparency has had on the mobile advertising business -- but its struggles with hardware are somewhat unique. Whether it's the Spectacles camera glasses or now the Pixy, Snap's experimental hardware hasn't really caught on in the same way other new hardware has. [Snap CEO Evan Spiegel] was the first to tease possible future Pixys (Pixies?) in an interview with The Verge, noting that Snap even underestimated how many people would want to buy the first version. "Maybe we would make more with version two if people love the original product," Spiegel explained. After the relative failure of the Spectacles from a sales perspective, the Pixy seemed like a corrective product people would be more interested in. "After a couple versions of camera glasses, it just becomes very clear that the market for camera glasses is actually very small and constrained to people who want that first person POV," Spiegel told The Verge. "I think the market for Pixy is bigger."

Snap software continuing to succeed while its hardware struggles puts the company in an odd position. Learning through making hardware, and ideally selling that hardware for a profit, is a big part of its push for an augmented reality future. But if no one's buying it, or it's too expensive to develop in the first place, that's kind of a problem. Snap thinks of itself as a camera company. That might have seemed premature when it was only developing an app, but it's since backed that up with experimental toys, and plenty of exciting acquisitions. It's ironic then, that it maybe got it right the first time. If Google's proved anything with its Pixel phones, it's that the most important camera you own is the software that processes your photos, not the physical hardware itself. For the immediate future, software is working for Snap, and it seems like that's what it's going to be selling.

Netflix isn't planning to let users of its new ad-supported tier download shows and movies to their devices for offline viewing, according to code found inside of the company's iPhone app, removing a feature that customers enjoy on its regular service. From a report: The move suggests Netflix is doing what it can to distinguish the upcoming service from its current offerings. The streaming giant, which eschewed advertising for years, is planning to roll out the ad-supported level by early next year. But hints about the new service are already reflected in code hidden within its iPhone app. "Downloads available on all plans except Netflix with ads," according to text in the app that was discovered by developer Steve Moser and shared with Bloomberg News. The code also suggests that users won't be able to skip ads -- a common move in the streaming world -- and playback controls won't be available during ad breaks.