Quotulatiousness

March 31, 2024

“Nobody trusts the technocracy anymore. People suffer from it.”

Filed under: Business, Media, Technology — Tags: , , , , , — Nicholas @ 05:00

Ted Gioia is both surprised and pleased that so many people responded to his recent anti-technocatic message:

When I launched The Honest Broker, I had no intention of writing about tech.

My main vocation is in the world of music and culture. My mission in life is championing the arts as a source of enchantment and empowerment in human life.

So why should I care about tech?

But I do know something about the subject. I have a Stanford MBA and spent 25 years at the heart of Silicon Valley. I ran two different tech companies. I’ve pitched to VCs and raised money for startups. I’ve done a successful IPO. I taught myself coding.

I’ve seen the whole kit, and most of the kaboodle too.

I loved it all. I thought Silicon Valley was a source of good things for me — and others.

Until tech started to change. And not for the better.

I never expected that our tech leaders would act in opposition to the creative and humanistic values I held so dearly. But it’s happened — and I’m not the only person who has noticed.

I’ve published several critiques here about the overreaching of dysfunctional technology, and the response has been enormous and heartfelt. The metrics on the articles are eye-opening, but it’s not just the half million views — it’s the emotional response that stands out.

Nobody trusts the technocracy anymore. People suffer from it.

Almost everybody I hear from has some horror story to share. Like me, they loved new tech until recently, and many worked in high positions at tech companies. But then they saw things go bad. They saw upgrades turn into downgrades. They watched as user interfaces morphed into brutal, manipulative command-and-control centers.

Things got worse — and not because something went wrong. The degradation was intentional. It happened because disempowerment and centralized control are profitable, and now drive the business plans.

So search engines got worse — but profits at Alphabet rose. Social media got worse — but profits at Meta grew. (I note that both corporations changed their names, which is usually what malefactors do after committing crimes.)

Scammers and hackers got more tech tools, while users got locked in — because those moves were profitable too.

This is the context for my musings below on the humanities.

I don’t want to summarize it here — I encourage you to read the whole thing. My only preamble is this: the humanities aren’t just something you talk about in a classroom, but are our core tools when the human societies that created and preserved them are under attack.

Like right now.

March 29, 2024

QotD: Pay no attention to the empty suit behind the social media curtain!

Filed under: Business, Media, Quotations, Technology, USA — Tags: , , , , — Nicholas @ 01:00

These days, there’s no discernible relationship between “content” and “revenue”, because Facebook doesn’t have “revenue”. All it has is a ticker symbol. Much like Enron, whatever physical product Facebook might once have theoretically produced — all those cat pictures — has been totally subsumed into share price fuckery. Yeah yeah, theoretically their “revenue” comes from ads, but as is well known, a) there is not, and never has been, in any industry, a discernible causal relationship between ads and revenue, and b) Facebook lies through its teeth about it anyway. How many times have they been caught now, including in sworn testimony to Congress?

Given all that, why not censor? Why not let your freak flag fly? Just as being innovative actually counts against you in the music biz these days — sure, sure, y’all might be the next Beatles, but we know Taylor Swift’s lab-grown replacement will move fifty million units — so there are considerable drawbacks, in the social media moguls’ minds, to letting just any old schmoe post anything he wants up on their platforms. What if Faceborg’s ad-generation algorithm decides to put a #woke company’s ad on a badthinker’s page? Faceborg’s entire business model rests on getting #woke companies to keep buying ads, since those ad buys are the only thing that keep the stock price up. And since those #woke corporations have made it abundantly clear that they don’t want those people’s business …

Swing it back to the top. Faceborg et al have figured out a surefire way to “make money” by manipulating their stock price. They don’t need a physical product to do it, but what they absolutely must have, the one thing from which all others flow, is “clicks”. Eyeballs. Whatever you want to call it, the whole house of cards is built on the premise that there are actual users out there — real, physical people, who exist in meatspace — who might theoretically buy the advertisers’ products. But … what if there aren’t?

Zuck et al have been pretty good at faking it so far, but as everyone knows, they are faking. For one thing, they keep getting caught. For another, even academics — the dumbest critters in captivity, Commodore 64-level NPCs who can be counted on to swallow the SJW narrative hook line and sinker — keep publishing studies showing that some huge number of all social media accounts, on all platforms, are bogus.

Indeed, you can test it for yourself. I know, I know, FED!!!!, but hear me out: Get a VPN. Sign up for a burner email. Rejigger the VPN, then use the burner email to sign up for Faceborg, Twitter, whatever. Don’t actually post anything; just sign up. It’s 1000 to 1 that even with no activity whatsoever, you’ll still be deluged with friend requests. The algorithms will take care of that, because as we’ve noted, they have to push the illusion that people are using these platforms, that eyeballs are landing on pages, that fingers are clicking on ads. You’ll get a whole list of “suggestions” of which accounts to follow, all of which — surprise surprise — are never more than a click away from some big advertiser.

Severian, “Own Goals”, Rotten Chestnuts, 2021-07-21.

February 22, 2024

QotD: Why companies continue to irritate their customers with online social justice marketing

So, up top, when I said that Facebook “can’t or won’t” stop this kind of stuff? I lied. There’s no “can’t” about it. It’s “won’t”, for the simple reason that Facebook understands its market and the Daily Mail writers obviously don’t. You’d think that the legendarily trashy British tabloid media would get this — and as I understand it, the Daily Mail is somewhere in the bottom half of the barrel — but Facebook’s market isn’t its users. Not even big companies like Starbucks. Facebook’s market is advertisers, and what they, Facebook, are selling is views. Eyeballs. “Engagement”, I think the Ad Biz term d’art is. In short: It doesn’t matter what the comments are; it matters that the comments are.

Ad company execs are walking into a meeting with a Starbucks-sized company right now. They’re pitching a bold new social media strategy to their clients. And they know it works, these ad men say, because look at all this data from Starbucks. Their posts average so much “engagement” every time, but look, when they post on “social justice” topics, their “engagement” jumps 350%!!

In case you were wondering how all this “social justice” shit keeps appearing in ads, despite the well-known effect of pissing off companies’ established client base, well, there you go — the company execs, being #woke Cloud People, want to do it anyway, and they’ve got whole binders full of data from the marketing department that prove “social justice” ups social media “engagement” with “the brand” umpteen zillion percent.

Severian, “Internet Tough Guys”, Rotten Chestnuts, 2021-05-10.

February 8, 2024

North American newspaper economics

Tim Worstall discusses some of the issues ailing Canadian and American newspapers which are not easily solvable (government subsidies, as attempted in Canada, just turn the recipients into an underpaid PR branch of the governing party … not a good look in a democratic nation):

“Newseum newspaper headlines” by m01229 is licensed under CC BY 2.0 .

So, as a little corrective, a quick jaunt through what actually ails American journalism. The concentration is upon the big newspapers because that’s where the problem is worst. The conclusion is that it’s gonna get a lot, lot, lot, worse too. Because the industry is facing a base economic problem that it’s not willing to actually face up to. Or, at least, all the journalists writing about it aren’t — there’s the occasional sign that some of the business side of the equation grasp it.

[…]

Before Y2K American newspapers were segmented along geographic lines. The size of the country, the lack of a long distance passenger railroad network, meant that this was just so. If you’re printing a daily paper then you’ve got to deliver it daily. On the day it’s meant to refer to as well. If Chicago is 1,100 miles (no, I’ve not looked it up but that’s within an order of magnitude of being right, which is better than many newspapers manage with numbers) from New Orleans then the same newspaper is going to find it difficult to print and deliver to both markets. Add in the fact that trains take a week to traverse that distance, passenger trains – anyone who has ever travelled Amtrak will say it feels that long at least — included.

You could not and therefore did not have national newspaper (USA Today, with satellite printing plants, was an attempt to deal with this and slightly earlier than our cut off date but doesn’t change the basic story) distributions. What you had was a series of local and regional monopolies. Each one centred on a large population centre and serving the area around it that could be reasonably reached by truck overnight. Chicago and Cincinnati, not 1,100 miles away from each other, did have entirely different newspapers.

By contrast, and just as an example, the British newspaper market was national from pre-WWI. We simply did have overnight at worst passenger rail that covered the country. Partly it’s a much, much, smaller place, partly the passenger rail system was just different. So, printing overnight (and some maintained separate Scottish editions and plants) meant that those papers that came off the press in London at 8pm were on sale in Glasgow at 8 am, those that came off the press in London at 4 am were on sale in London at 8am. That’s not exact but it’s a good enough pencil sketch.

Cincinnati newspaper(s) served Cincinnati. Chicago, Chicago and New Orleans the area of New Orleans. There simply wasn’t a “national press” in the US in that British sense.

OK. But this also meant that American newspapers were much more like a monopoly in their local area than anything else. Network effects still exist even before computer networks after all. The most important of which was the classifieds.

As with Facebook, we’re all on Facebook because everyone else is on Facebook. So, if we’re to join a social network we’re going to be on Facebook where everyone else is — except those three hipsters who are where it isn’t cool yet. This applies to classifieds sections. Folk advertise in the one with the most readers, the widest market. Readers buy the one with the most ads in it, the widest market. You advertise the bronzed baby shoes, unused, where there are the most people looking for bronzed baby shoes, unused.

So, the dominant paper will suck up the classifieds in any particular market. Classifieds, fairly obviously back in the days of prams, cheap used cars, waiters’ jobs and so on being geographically based.

No, this is important. A useful pencil sketch of American newspaper revenues pre-Y2K was that subscriptions produced some one third of revenues. They also, around and about, covered print costs and distribution. They were, roughly you understand, about a face wash in fact.

Display ads produced another one third and classifieds the final one third. Classifieds were also wildly profitable — no expensive journalists to pay, no bureaux, just a few women waiting to get married on the end of the phone line.

December 9, 2023

The coming Micro-Macro culture war … and who’s going to win it

Filed under: Business, Economics, Media, Technology, USA — Tags: , , , , , , , , — Nicholas @ 05:00

Ted Gioia outlines the dismal state of the “macro” culture — television, movies, newspapers, book publishing and all the big corporations that control them — with the dynamism of the “micro” culture:

In the beginning, all culture was microculture.

You knew what was happening in your tribe or village. But your knowledge of the wider world was limited.

So you had your own songs and your own stories. You had your own rituals and traditions. You even had your own language.

But all these familiar things disappeared when you went off into the world. That was dangerous, however. That’s why only heroes, in traditional stories, go on journeys.

You learn on the journey. But you might not survive.

But all that changed long before I was born.

In my childhood, everything was controlled by a monoculture. There were only three national TV networks, but they were pretty much the same.

    When I went to the office, back then, we had all watched the same thing on TV the night before. We had all seen the same movie the previous weekend. We had all heard the same song on the radio while driving to work.

The TV shows were so similar that they sometimes moved from CBS to NBC, and you never noticed a change. The newscasters also looked pretty much the same and always talked the same — with that flat Midwestern accent that broadcasters always adopted in the US.

The same monoculture controlled every other creative idiom. Six major studios dominated the film business. And just as Hollywood controlled movies, New York set the rules in publishing. Everything from Broadway musicals to comic books was similarly concentrated and centralized.

The newspaper business was still local, but most cities had 2 or 3 daily newspapers — and much of the coverage they offered was interchangeable. Radio was a little more freewheeling, but eventually deregulation allowed huge corporations to acquire and standardize what happened over the airwaves. [NR: I suspect the “freewheeling” went away once the government started imposing regulations, and the corporate consolidation was enabled when they “deregulated” the radio licensing regime several decades later.]

When I went to work in an office, back then, we had all watched the same thing on TV the night before. We had all seen the same movie the previous weekend. We had all heard the same song on the radio while driving to work.

And that’s why smart people back then paid attention to the counterculture.

The counterculture might be crazy or foolish or even boring. But it was still your only chance to break out of the monolithic macroculture.

Many of the art films I saw at the indie cinema were awful. But I still kept coming back — because I needed the fresh air these oddball movies provided. For the same reason, I read the alt weekly newspapers and kept tabs on alt music.

In fact, whenever I saw the word alt, I paid attention.

That doesn’t mean that I hated the major TV networks, or the large daily newspaper, or 20th Century Fox. But I craved access to creative and investigative work that hadn’t been approved by people in suits working for large organizations.


The Internet should have changed all this. And it did — but not much. Even now the collapse in the monoculture is still in its early stages.

But that’s about to change.

If you don’t pay close attention, the media landscape seems pretty much the same now as it did in the 1990s. The movie business is still controlled in Hollywood. The publishing business is still controlled in New York. The radio stations are still controlled by a few large companies. And instead of three national TV networks plus PBS, we have four dominant streaming platforms — who control almost 70% of the market.

So we still live in a macro culture. But it feels increasingly claustrophobic. Or even worse, it feels dead.

Meanwhile, a handful of Silicon Valley platforms (Google, Facebook, etc.) have become more powerful than the New York Times or Hollywood studios or even Netflix. It’s not even close — the market capitalization of Google’s parent Alphabet is now almost ten times larger than Disney’s.

But here’s the key point — these huge tech companies rely on the microculture for their dominance.

Where is Facebook without users contributing photos, text and video? Where is Google’s YouTube without individual creators?

In terms of economic growth or audience capture, the microculture has already won the war. But it doesn’t feel that way.

Why not?

First and foremost, Silicon Valley is a reluctant home for the microculture. To some extent Alphabet and Facebook are even going to war with microculture creators — they try to make money with them even while they punish them.

  • So Mark Zuckerberg needs creators, but won’t even let them put a live link on Instagram and limits their visibility on Facebook and Threads.
  • Alphabet needs creators to keep YouTube thriving, but gives better search engine visibility to total garbage that pays for placement.
  • Twitter also claims it wants to support independent journalists — but if you’re truly independent from Elon Musk, your links are brutally punished by the algorithm.

This tension won’t go away, and next year it will get worse. The microculture will increasingly find itself at war with the same platforms they rely on today.

And legacy media and non-profits are even more hostile to emerging media. Go see who wins Pulitzer Prizes, and count how many journalists on alternative platforms get honored.

I’ll save you the trouble. They don’t.

November 30, 2023

Canadian government declares victory over Google, then lays down its arms and marches into captivity

Filed under: Business, Cancon, Media, Politics, Technology — Tags: , , , — Nicholas @ 05:00

The Trudeau government has won a glorious, historic victory over the evil capitalistic powers of Google in the war of Bill C-18. Let all patriotic Canadians raise their hands to cheer our victorious politicians before they have to admit out loud that they fucked up real good:

Heritage Minister Pascale St. Onge has surrendered to Google and Canadian media have avoided what would have been a catastrophic exclusion from the web giant’s search engine.

In the short term, this is very good news. The bureaucrats at Heritage must have performed many administrative contortions to find the words needed in the Online News Act‘s final regulations to satisfy Google, a beast which isn’t easily soothed. In doing so, they have managed to avoid what Google was threatening — to de-index news links from its search engine and other platforms in Canada. Given that Meta had already dropped the carriage of news on Facebook and Instagram in response to the same legislation, Google’s departure would have constituted a kill shot to the industry.

Instead, the news business will get $100 million in Google cash. For this, all its members will now fight like so many pigeons swarming an errant crust of bread.

The agreement will also allow the government, while surrounded by an industry whose reputation and economics have been devastated by this policy debacle, to attempt to declare victory. Signs of that are already evident.

That’s the good news.

The bad news is that while 100 million bucks is nothing to sneeze at, in the grand scheme of things it is a drop in the bucket for an industry in need of at least a billion dollars if it is to recover any sense of stability. Indeed, when News Media Canada first began begging the government to go after Google and Meta for cash, some involved were selling the idea that sort of loot was possible.

This did not turn out to be so.

Instead of the $100,000 per journo cashapalooza that was once hoped for, the final tally will be more like $6,666.00 per ink-stained wretch.

That figure is based on two assumptions. The first is that the government has agreed to satisfy Google’s desire to pay a single sum to a single defined industry “collective” that would then divide the loot on a per-FTE (full-time employee) basis to everyone granted membership in the industry’s bargaining group. Google had made it clear it had no interest in conducting multiple negotiations and exposing itself to endless and costly arbitrations. So, as we have a deal and Google held all the cards, it’s fair to assume it got what it wanted — a single collective with a single agreement and a single cheque.

November 10, 2023

Canadian media’s self-immolation an object lesson for British media

Marc Edge discusses how Canada’s legacy media joined together in a virtual suicide-pact to force Google and Facebook to give them millions in unearned revenue:

The best-laid plans of Canada’s biggest media owners went badly awry this summer, when Meta began blocking news across the country on its social media networks Facebook and Instagram in response to the Online News Act passed in June. Newspaper publishers lobbied the federal government relentlessly to force Google and Meta to compensate them for supposedly “stealing” their news stories by carrying links to them. But instead of bringing them hundreds of millions of dollars a year from the digital giants, as a similar law has in Australia, their campaign backfired badly in what has been described as “a massive policy blunder“, and “the most spectacular legislative failure in Canada’s living political memory“.

Not only will publishers not be getting any money from Meta, they likely won’t get any from Google either, as they have threatened to similarly block news in Canada when the law comes into effect in December. Ironically, publishers will instead lose millions instead, as the agreements they already have with at least Meta will be cancelled, and probably those with Google as well. The knock-on effect makes it a triple-whammy when you also consider the traffic that news media will lose to their websites from the platforms. Worst affected will be online-only publications which have depended on that traffic to build an audience. Most did not want the Online News Act and many spoke out against it, but they were drowned out by the newspaper lobby led by industry association News Media Canada. It is dominated by the country’s two largest chains, which are now owned by a private equity firm and US hedge funds.

The Online News Act is the second in a series of bills designed to regulate the Internet, which, when taken together, include many of the same elements as the UK’s omnibus Digital Markets, Competition and Consumers Bill now before Parliament. An Online Streaming Act passed in April will tax and regulate digital video services in Canada, which are mostly owned by U.S. companies such as Netflix, Disney, and Amazon. A so-called Online Harms Act designed to combat hate speech and online bullying was introduced in 2021 but died on the order paper with an election call. It was criticised by civil libertarians for potentially prohibiting otherwise lawful speech and was thus being revised, but so far it has not been re-introduced. Legislation aimed at increasing online privacy and consumer rights is also planned.

One of these things, on closer scrutiny, is not quite like the other ones, and a realisation is growing in Canada that the government may have been co-opted in its enthusiasm to regulate the Internet to participate in what has been called a “shakedown” of the digital giants. Canada’s news media have literally been on the dole for the past five years since they lobbied the government for a five-year $595-million bailout that expires next spring. This has prompted publishers to adopt Rupert Murdoch’s successful strategy in Australia of persuading the government to force the digital giants to share their advertising revenues with newspapers.

Canadian publishers lobbied for the Online News Act in part by running blank front pages for a day and also spiked several opinion articles by academics that had been accepted for publication by editors. Canada has long had one of the free world’s highest levels of media ownership concentration, along with Australia. It went to another level in 2000 with the “convergence” of newspaper and television ownership, against which Canada had no regulatory safeguards, unlike most other countries. The multimedia business model collapsed with the 2008-09 recession, when advertising revenues dropped sharply, and Canada’s news media have been lurching from bad to worse ever since. The country’s largest newspaper chain, Postmedia Network, was acquired out of bankruptcy in 2010 by a consortium of US hedge funds which had bought much of its previous owner’s high-interest debt on the bond market for pennies on the dollar. They have since taken more than $500 million out of the company in debt payments. The country’s second-largest chain, Torstar, was bought from its owning families at the outset of the pandemic in 2020 by private equity firm NordStar Capital, which has been similarly stripping the company with closures, redundancies, and asset sales.

September 25, 2023

Ted Gioia explains why he loves writing for Substack

Filed under: Media, Technology — Tags: , , , , — Nicholas @ 03:00

It’s much easier to reach the audience he wants to share with using his Substack than either Twit-er, er, I mean “X”, or Facebook:

Below I look at some surprising ways Substack has changed the media (and social media) landscape.

This gives me a good excuse to recommend the new Substack app. It’s now my go-to source for informed writing — providing access to a smarter and more diverse group of authors, thinkers, and creators than I’ve found anywhere else.

I’ve now been on Substack for 30 months, and the improvements in the platform during that time have far exceeded my expectations. I didn’t know any music writers on Substack back when I launched, but it now boasts a better roster of critics than any newspaper or magazine. By the way, I’m also subscribing to writers in a dozen or so other fields (culinary arts, economics, literature, finance, technology, psychology, etc.).

I’m a heavy user. I must have signed up for almost a hundred Substacks.

Substack has also added a lot of new features during those 30 months. I especially like Notes, which is similar to Twitter but with extra IQ points. And I’ve also benefited from cross-posting, recommendations, and many other new features. I also applaud options I don’t currently use (like chat and podcasts), because they empower writers and readers.

The reality is that Substack is innovating faster than I can keep up with. But I like it that way. It’s creating an interconnected and independent media ecosystem here.

Best of all are the core values behind all this:

  • Substack supports writers — who receive almost 90% of subscription revenues. This is the exact opposite of the traditional publishing model, where royalty rates of around 10% are typical.
  • I don’t need to attract advertisers, and this frees me from the conflicts-of-interest advertising brings to other platforms.
  • There’s no surveillance or selling of users’ private information here.
  • I share my articles directly with readers, and no algorithm or gatekeeper intervenes to prevent our direct connection.

For these and other reasons, I’ve been an advocate for the platform. And that’s a good introduction to my subject today.

September 22, 2023

“The Online News Act … has been an utter disaster”

Filed under: Cancon, Government, Law, Media, Politics — Tags: , , , , — Nicholas @ 03:00

Michael Geist on the ongoing disaster the federal government created with the Online News Act:

Prime Minister Justin Trudeau was asked this week about concerns with the implementation of Bill C-18, to which he responded that other countries are quietly backing Canada in its battle against tech companies. I posted a reality check tweet noting that Meta is not returning to news in Canada, the law’s regulation stipulating a 4% fee on revenues is not found anywhere else, and that Bill C-18 has emerged as a model for what not to do. With the House of Commons back in session, it is worth providing a more fulsome reality check on where things stand with the Online News Act. While the government is still talking tough, the law has been an utter disaster, leading to millions in lost revenues with cancelled deals, reduced traffic for Canadian media sites, declining investment in media in Canada, and few options to salvage this mess.

For those that took the summer off, Bill C-18 received royal assent in late June. Over the past three months:

1. Meta has blocked all news links in Canada and cancelled existing deals with Canadian news outlets. The blocked links covers both Canadian and foreign news in light of the broad scope of the law. While the Australian experience lasted a few days, the blocking in Canada has now gone on for weeks and there is little reason to believe that the company will reverse its position to comply with the law by simply not linking to news.

2. The government responded to the blocked news links by stopping to advertise on Facebook and Instagram and encouraging others to do the same. The boycott has had little effect as the Liberal party is still advertising on the platforms with a new round of ads this week, the Prime Minister is still posting on the platforms, and reports indicate that Facebook has not experienced a reduction in user activity. In fact, reports suggest that the experience on Facebook without news has improved. Further, a Competition Act complaint has not sparked any action.

3. Google responded to Bill C-18 by advising it too would remove news links from its services before the law takes effect in December. That position enabled it to wait for the government to release draft regulations that provide further detail on the application of the law and the standards for obtaining an exemption from the mandatory bargaining process that can lead to final offer arbitration overseen by the CRTC.

Several more items of concern at the link.

September 2, 2023

The 4% non-solution

Filed under: Business, Cancon, Law, Media — Tags: , , , , , — Nicholas @ 03:00

Michael Geist updates us on the Canadian government’s latest blunder in the Online News Act saga:

The government is releasing its draft regulations for Bill C-18 today and the chances that both Google and Meta will stop linking to news in Canada just increased significantly. In fact, with the government setting an astonishing floor of 4% of revenues for linking to news, the global implications could run into the billions for Google alone. No country in the world has come close to setting this standard and the question the Internet companies will face is whether they are comfortable with the global liability that would see many other countries making similar demands. The implications are therefore pretty clear: there is little likelihood that Meta will restore news links in Canada and Google is more likely to follow the same path as the Canadian government establishes what amounts to 4% link tax from Bill C-18 on top of a 3% digital services tax and millions in Bill C-11 payments.

The estimated revenues from Bill C-18 or the Online News Act have always been the subject of some debate. The Parliamentary Budget Officer set the number at $329 million, using a metric of 30% of news costs for all news outlets in Canada. Under that approach, over 75% of the revenues would go to broadcasters such as Bell, Rogers, and the CBC. The Canadian Heritage estimates were considerably lower, with officials telling a House of Commons committee last December that they expected about $150 million in revenue:

    I won’t speak to the PBO report which is the source of the numbers that you cited. That was not a department-led initiative. The internal modelling that we did when we tabled the bill and mentioned in our technical briefings was more around $150 million impact. That was based again in terms of how this played out in Australia and making some assumptions about how it might play out here. With respect to the PBO report, any questions about that particular number would have to be directed towards them.

By the time the bill reached the Senate several months after that, the number had grown to $215 million.

With the release of the draft regulations, the government has established a formula with an even bigger estimate. The creation of a formula is presumably designed to provide some cost certainty to the companies and represents a change in approach in Bill C-18, given that the government had previously said it would not get involved private sector deals but it is now setting a minimum value of the agreements. Officials told the media this morning that it believes Google’s contribution would be $172 million and Meta’s would be $62 million, for a total of $234 million. However, that may understate the revenues by focusing on search revenues alone. If based on total revenues, with a 4% minimum floor, the requirement would exceed C$300 million for Google. Either way, the number is more than 50% higher than the $150 million estimate the department gave the Heritage committee just eight months ago.

The draft regulations will also provide some additional clarity on several issues. The standard for a digital news intermediary has been fleshed out to include $1 billion in global revenues and 20 million Canadian users. As for the process, those companies subject to the rules are required to conduct a 60 day open call for negotiations. To meet a fairness standard, the resulting deals must be within 20% of the average and cover a wide range of news outlets. Contributions can include non-monetary items but it seems unlikely the resulting deals would grant links significant value. The CRTC would then pass judgment on the deals and determine whether the companies are exempt from a final offer arbitration process. The timing on this includes a 30 day consultation process on the regulations, before they are finalized prior to the December deadline. But with the CRTC not having established a bargaining framework before 2025, the liability issues start arising well before any deals are concluded or approved.

August 24, 2023

“Facebook has made a calculated business decision about the value of its fucks. These fucks are expensive. So they won’t give any.”

In The Line, Jen Gerson fought the good fight as long as she could, but finally had to load up the old shotgun and share both barrels with the participants in the ongoing clusterfarce over the Online News Act (the artist formerly known as Bill C-18):

Look, I’ve largely said my piece on the Online News Act: it’s poorly conceived legislation that risked terrible outcomes. It’s pointless, now, with those terrible outcomes unfolding, to say “I told you so”.

But the response to the news that Meta has decided to continue blocking news — even in the face of devastating wildfires in B.C. and the Northwest Territories — has been such disingenuous dumbfuckery from every corner that I have failed to bestill my cursed fingertips.

Let’s start with this quote from Prime Minister Justin Trudeau, who at a recent press conference, said: “Right now in an emergency situation where up-to-date local information is more important than ever, Facebook’s putting corporate profits ahead of people’s safety, ahead of supporting quality local journalism … This is not the time for that”.

Wait, a major global corporation that has been labelled as actually literally evil by both progressives and conservatives in recent years is putting its own profits and self-interest ahead of the priorities and values of politicians and pundits?

Sir, surely thou art in jest.

Is this government only now figuring out that major global corporations exist to extract profits; that whatever social corporate responsibility roles they may choose to enact, they aren’t a public service? Is Trudeau shocked — shocked, I say! — to just this very moment discover that Meta isn’t actually some combination of the Red Cross and Reuters?

I mean … welcome to the adult world, I guess, and please leave your copy of Adbusters near the coat check at the door.

But if Meta is as evil as all that, why did so few politicos or pundits anticipate that the company would follow through on its explicit threat to block news if C-18 were passed? This is like watching an Allied general who says: “I think these Nazi fellows are the baddies!” and then gets flustered when the guys with skulls on their caps pull out their guns and start shooting in the midst of afternoon trench tea. “Well, I never. That’s hardly sporting!” This is some Black Adder comedy, friends, and we may be on the side of the angels, but our angels also happen to be a little slow in the head.

Oh, but surely Meta wouldn’t block news to put their own self interest “ahead of people’s safety”, hmmmm?

With advance apologies, but is our antipathy toward Meta so intense that we’re going to straight-face pretend that AM radio, FM radio, emergency text alerts and broadcasts, municipal and provincial emergency websites, formal and informal social media networks and chat groups, and local news broadcasts with websites that can be accessed directly through web browsers all just ceased to exist, simultaneously, the very moment that CBC stopped being able to post news links to Instagram?

If Facebook is actually putting lives in danger, that’s an admission of impotence and incompetence from our entire communications infrastructure, including government, private and public media. It is an incredible and embarrassing self-own.

August 22, 2023

With Bill C-18 about to come into effect, there is zero sense for the “tech giants” to start negotiating

Filed under: Business, Cancon, Government, Law, Media, Politics — Tags: , , , , , — Nicholas @ 05:00

Michael Geist explains why there are no incentives for Google and Meta to begin any kind of negotiations with the Canadian government over the ruthlessly self-destructive Online News Act:

The rhetoric around Bill C-18 has escalated in recent days in light of the awful wildfires in NWT and British Columbia. In my view, the issues associated with these tragic events have little to do with Meta blocking news links and the attempt to bring it into the conversation is a transparent attempt to score political points (the connectivity issues with some NWT communities completely taken offline for days is somehow never mentioned). The reality is that Meta was asked about just this scenario at committee and it made it clear that it would not block any non-news outlet links. That is precisely what has been happening and the government’s legislative choices should be the starting point for understanding why compliance with the law involves blocking a very broad range of news links that extend beyond even those sources that are defined as “eligible news outlets”.

The government and supporters of Bill C-18 talking points now emphasize two things in relation to Meta blocking news links: the law has yet to take effect and there is room to address their concerns in the regulation-making process. Both of these claims are incredibly deceptive, relying on the assumption that most won’t bother to read the actual legislation. If they did, they would see that (1) the law has received royal assent and can take effect anytime and (2) the regulation making process addresses only a small subset of Bill C-18 issues with most of the core issues finalized. In other words, the time to shape the law and address many of the key concerns was before the government repeatedly cut off debate in order to ensure it that received royal assent before the summer break.

Start with when the law takes effect. As noted above, the law has been passed and received royal assent. It is the law of the land and there is no scope for changes or amendments without a new bill that must be passed by Parliament. Section 93 establishes when the provisions come into force. The law initially envisioned a staged approach whereby certain sections would be proclaimed in effect by the government in stage one, followed by four additional stages, some of which were contingent on certain regulations coming into force. Yet at the last minute the government approved a Senate amendment that basically discarded the entire approach. Section 93(6) states:

    (6) Despite subsections (1) to (5), any provision of this Act that does not come into force by order before the 180th day following the day on which this Act receives royal assent comes into force 180 days after the day on which this Act receives royal assent.

The entire law therefore takes effect no later than 180 days after royal assent, which is December 19, 2023. This change was included at the urging of the Canadian media sector (specifically Quebecor) which lobbied to have it take effect as soon as possible. Under this approach, the law can take effect at any time as the government need only issue the relevant Orders-in-Council. There is now little wiggle room. As of today’s post, the latest the law will take effect is in 120 days but it could happen well before that.

Once the law takes effect, the clock on negotiations and potential mediation and arbitration begins. The timelines are fixed in Section 19(1) of the law: 90 days to negotiate and 120 days for mediation. If there is no agreement and no request to the CRTC to extend the deadlines, the issue can go to final offer arbitration. To be clear, none of these timelines are subject to the regulation making process. They are fixed and they create obvious urgency for anyone facing compliance requirements.

The government threatened Meta and Google with mandated payment to Canadian news sources if their online services merely linked to articles or videos from those news sources. Meta and Google rationally decided that the tiny little Canadian market wasn’t worth the cost of paying CBC and other Canadian news outlets for the privilege of sending them readers and are in the process of obeying the letter of the new law and blocking such links on their respective platforms. They told the Canadian government that this is what they’d do if the law was passed in its current form, yet the government is pretending to be shocked and surprised that Meta and Google are going to obey the law.

After all, there’s no real risk that lives might be endangered because so many Canadians are used to getting their news by way of Facebook or Google, is there?

August 13, 2023

Don’t worry about losing all your news links, citizen! The Liberal government’s Ministry of Propaganda will tell you everything you need to know!

Filed under: Business, Cancon, Government, Law, Media, Politics — Tags: , , , , — Nicholas @ 05:00

The federal government still seems shocked and a little bit hurt that the “tech giants” are carefully obeying the letter of their new Online News Act instead of pumping millions of dollars into government-favoured media outlets. How dare Alphabet and Meta obey the law we wrote? We wanted to soak them for bribes subsidies to give to legacy corporations who can be depended upon to cheerlead our agenda!

Blocking of news links on Facebook and Instagram in Canada has becomes increasingly widespread in recent days, leading to a growing number of public comments from media outlets and reporters expressing surprise or shock about the scope of the link blocking. Indeed, outlets with blocked links include university student newspapers, radio stations, and foreign news outlets. While there may have been some errors (Facebook has a page to seek review of any blocked link decision), the inclusion of a very wide range of Canadian and foreign news outlets is no accident. Rather, it reflects the government’s Bill C-18 approach, which effectively covers all news outlets worldwide whose links are accessed in Canada. The Canadian government could have adopted a more targeted approach – for example, limiting the scope to news links from those news outlets eligible to negotiate agreements with Internet platforms under the law – but it instead went for the broadest possible approach that includes foreign news outlets with little or no connection to Canada.

Understanding why Bill C-18 covers news links from outlets who are not “eligible news businesses” under the law requires unpacking several provisions. First, start with the definition of a “digital news intermediary”, which states:

    digital news intermediary means an online communications platform, including a search engine or social media service, that is subject to the legislative authority of Parliament and that makes news content produced by news outlets available to persons in Canada. It does not include an online communications platform that is a messaging service the primary purpose of which is to allow persons to communicate with each other privately.‍ 

This definition is critical since the only companies that are subject to Bill C-18’s requirement to negotiate agreements with news outlets are (1) those that qualify as DNIs under this definition and (2) meet the requirements found in Section 6 on a significant bargaining power imbalance. The absence of significant bargaining power imbalance is why companies such as Twitter, Microsoft or Apple are not subject to the law. That leaves Google and Meta, provided that they qualify as DNIs. The key phrase in the qualification requirement is that the companies “make news content produced by news outlets available to persons in Canada”. If the companies do not make news content produced by news outlets available to persons in Canada they are not DNIs and are not subject to the law.

[…]

… the government’s choice was to try to bring Meta and Google into the scope of the law by virtue of any news links to any news outlet anywhere in the world, even if those outlets have nothing to do with Canada or with the Bill C-18 system. Given Meta’s stated goal of complying with Bill C-18 by removing links to news content that would render it a DNI, the government’s legislative choice of covering all news links from all news outlets therefore effectively requires it to block all of those news links.

It takes a lot to make Google, of all companies, a sympathetic victim … yet Canada’s awesomely awful Liberal government aced it. Bananada strikes again!

“It makes [Canada] look like some cheap, politically petty little kleptocracy run by a collection of self-serving narcissists”

Filed under: Bureaucracy, Cancon, Government, Media — Tags: , , , , — Nicholas @ 03:00

Canada became a parody of itself so slowly that the legacy media barely even noticed:

There was a time when politicians steered very carefully around saying anything that could be construed as an attempt to influence a decision by one of Canada’s independent agencies.

Honest, there was.

There was also a time when, should a politician so much as nod or wink publicly to indicate a preferred outcome by, say, the office of the Commissioner for Competition, the nation’s leading media organizations would see this as a big story. Sixteen dollar orange juice big. Heads would roll.

Seriously, there was.

The reasons people like Francois-Phillipe Champagne, Minister of Innovation, Science and Economic Development are supposed to keep their yaps shut are pretty straightforward. Businesses, citizens, consumers, and investors need to know the processes at law enforcement agencies and regulators — such as the Competition Bureau and the CRTC respectively — are independent of the sordid manipulations of partisanship. They need to be able to trust that the rules are clear, their application is consistent and that they can have faith that the institution involved views matters before it in an objective fashion.

It’s Rule of Law 101 stuff and messing with it makes Canada look like something less than a first world country. It makes us look like some cheap, politically petty little kleptocracy run by a collection of self-serving narcissists.

Shortly after the CBC, the Canadian Association of Broadcasters and News Media Canada filed a complaint with the Competition Bureau over Meta’s decision to no longer carry news in Canada, Champagne seized the opportunity to show Big Tech who their daddy is.

“I am determined to use every tool at our disposal to ensure that Canadians can have access to reliable news — across all platforms,” Champagne posted on X (the platform formerly known as Twitter). “I fully support the complaint made to the Competition Bureau by Cnd media groups against Meta in their effort to promote a free & independent press.”

I don’t expect that many readers have hung around with cabinet appointees. But I have, and I’ve been one. And I can tell you that most of them — particularly the ones whose conditions of appointment mean they serve “at pleasure” as Competition Commissioner Matthew Boswell does — pay attention when the minister through whom their agency reports to Parliament, says anything, let alone things like that.

August 6, 2023

What’s in a (tech) name?

Filed under: Business, Media, Technology, USA — Tags: , , , , , — Nicholas @ 03:00

Ted Gioia isn’t a fan of all the recent rebrandings of social media platforms, and tries to explain “why web platforms keep changing their names like criminals in the Witness Protection Program”:

“Automotive Social Media Marketing” by socialautomotive is licensed under CC BY 2.0

When I first heard that Twitter was renaming itself as X, I thought it was a joke.

Not a funny joke, just a goofy one. Elon Musk has a taste for schoolboy humor — and on many occasions has posted something undignified for a laugh. I assumed X was another example of this.

Who could take that name seriously?

Just consider the significations of X:

  • The crossbones you put in front of a skull on a bottle of poison;
  • A mistake on a test, marked by the teacher in red;
  • How you sign your name if you can’t read or write;
  • Something you haven’t figured out in algebra;
  • A movie that’s dirty, raunchy, or offensive in some manner;
  • A mark on a map where stolen wealth has been buried by pirates or criminals;
  • The street name for an illegal drug (MDMA) with various adverse long-term effects — including depression, anxiety, and impairments of cognition, memory, and learning;
  • A symbol of betrayal (i.e., a double cross);
  • In marketing language, an inferior product, as in “Brand X”;
  • A radioactive ray so dangerous that it killed the people who invented and developed it.

Given these associations, nobody in their right mind would replace a familiar, proven brand name with X. Mr. Musk must be joking again. Or so I thought.

But I thought wrong.

If this were an isolated event, I would dismiss it as just one more quirk on the part of an eccentric CEO. But these horrible rebrands are now standard practice in Silicon Valley, especially among dominant Internet platforms.

Why did Google change its corporate name to Alphabet? Why did Facebook change its corporate name to Meta? These were two of the best known brand names in the history of capitalism. Why get rid of them?

And consider this bizarre coincidence. The very same month that Twitter became X, Instagram launched its own text posting option. But it refused to use the familiar Instagram name, instead calling this new feature Threads.

Threads is another word that has all sorts of negative connotations. It refers to something old and torn. It’s associated with poverty and an embarrassing appearance.

What gives?

Do you remember the carefree early days of the web? Brand names were innocent and playful — they sounded like something from a nursery rhyme: Yahoo, Google, Tumblr. Twitter was one of those cutesy names.

Its symbol was a chirping bird. So sweet. So innocent.

But nowadays, web platforms take on names straight out of an H.P. Lovecraft horror story — Threads, X, Ghost, Twitch, Discord, etc.

Today’s writing prompt: Use all of those words in the opening lines of a story. Then send it off to an editor at Weird Tales.

Current day techno bro vibe

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