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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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They are not complaining about indexing...
Authored by: Gringo_ on Tuesday, October 23 2012 @ 06:53 AM EDT

However, this is borderline in light of the anti-trust law.

Do you know anything about anti-trust law? Can you present a convincing argument with sources sustaining that point of view?

Google has a near-monopoly in the search space

Define "monopoly" and demonstrate that Google has a "near monopoly". Even if Google reaches 85% of the search space, which I doubt, can you convince us that this is a "near monopoly" in a world where the competition is just a mouse click away? A monopoly exists when a specific person or enterprise is the only supplier of a particular product or service. How many companies are there in the search space today?

Let us assume there are at least half a dozen suppliers for some particular service, and each has a different market share. In our scenario, one of these gets 85% of the business because they provide their customers with a better service than the others. Is that unfair competition to provide better service than the rest? Because they get a larger chunk of the market for their efforts, is that somehow a "near monopoly"? I think a monopoly implies some degree of control, and without that element, the term is inappropriate. Perhaps a better term would be "popular".

To understand a monopoly, let us take an actual case where a company was convicted of running a monopoly. Back in the day, Microsoft had maybe 95% of the desktop market. They didn't get there by building a better product, however. They got there by dirty dealing to impair the competition. Once there, people were "locked in" to Microsoft's OS and software, because they had a large investment in it and couldn't easily switch.

Now contrast that with Google. How invested in Google are you, for example? The thing is, all of Google's customers could leave them in an instant, with a single click of the mouse. Wow - that is a tremendous power the consumer has over Google. How does Google sleep at night, knowing all their customers could walk up and leave tomorrow? The only way they can survive in such a situation is to continually offer better products.

Now contrast that with Microsoft. People were locked into their products. Microsoft had no fear that they would leave. Microsoft responded to this situation by making ever worse products, bug ridden software full of security holes.

[ Reply to This | Parent | # ]

Content aggregators
Authored by: Anonymous on Tuesday, October 23 2012 @ 04:37 PM EDT
> but it had the side effect of
> taking down contents aggregator as well

I'm not sure if you see this as good or bad.
I would be very happy to see the last of the content aggregators
disappearing over the horizon. They are parasites between my
servant the search engine and the data it is trying to find.

[ Reply to This | Parent | # ]

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