Wednesday, 19 December 2018

With today’s IPO sinking, a year of highs and lows for SoftBank

If there was a word that dominated startup and tech news coverage this year, it was SoftBank. The Japanese telecom conglomerate’s Vision Fund pushed out a prodigious amount of capital this year — quite literally billions of dollars — into companies as diverse as a molecular manufacturer (Zymergen) and a robotic pizza delivery business (Zume Pizza). It was a year of highs as its Flipkart transaction produced billions in returns, as well as a year of incredible lows, what with the crisis over Saudi Arabia’s murder of Jamal Khashoggi. Saudi Arabia is the largest investor in the Vision Fund.

But the Vision Fund is only part of the SoftBank story this year. The company’s mobile unit started trading today on the Tokyo Stock Exchange (ticker: 9434), the second largest IPO of all time after Alibaba, raising $23.6 billion. But after weeks of pushing the stock to Japanese retail stock investors, those same consumers dumped the stock upon its debut, dropping by 15% from its debut at ¥1,463 to its close at ¥1,282. That’s the second worst IPO performance this decade for a Japanese company.

Highs and lows come with any ambitious project, and certainly for Masayoshi Son, the founder and chairman of SoftBank Group, nothing — not even piles of debt — will stand in his way.

Today, Arman and I wanted to look back at SoftBank’s year, and so we’ve compiled ten areas for analysis around the group’s telco business, its Vision Fund, and its other major investments (Sprint, Nvidia, Arm, and Alibaba).

SoftBank: The Telecom

1. Its IPO did what it had to do (raising money), but bad early performance will be a challenge for 2019

Ken Miyauchi, president and chief executive officer of SoftBank Corp., strikes the trading bell during the company’s listing ceremony at the Tokyo Stock Exchange (TSE) in Tokyo, Japan, on Wednesday, Dec. 19, 2018. Kiyoshi Ota/Bloomberg via Getty Images

At its core, SoftBank Group is fundamentally a telecom, and the third-largest player in the Japanese market. Masayoshi Son has for years wanted to transform SoftBank from a mature telco player into a leading investment house for funding the next-generation of technology companies.

There’s just one problem: SoftBank is sitting on piles of debt. As Arman and I wrote about a few weeks ago:

The bigger number though is sitting on the liabilities side of the company’s balance sheet. As of the end of September, SoftBank had around 18 trillion yen, or about $158.8 billion of current and non-current interest-bearing debt. That’s more than six times the amount the company earns on an operating basis, and just slightly less than the public debt held by Pakistan.

And though SoftBank’s sky-high debt balance tends to be a secondary focus in the company’s media coverage, it’s a figure that SoftBank’s top brass is well aware of, and quite comfortable with. When discussing the company’s financial strategy, Softbank CFO Yoshimitsu Goto stated that the company is in the early stages of a transition from a telco holding company to an investment company, and as a result is “likely to be perceived as a corporate group with significant debt and interest payment burden” with what is “generally considered a high level of debt.”

Those debt loads have made corporate maneuvering quite complicated. And so the company decided to put its mobile telco unit up for public trading as a means of getting a fresh injection of capital and continue its transformation into an investment shop. By raising $23.6 billion today, the company did just that.

The 15% drop in value on its debut though shows that the market has yet to fully buy into Son’s vision for where SoftBank is heading. That lowered price will make the corporate financial math around debt tougher, and will be a key theme for 2019.

2. The Japanese government wants to increase competition in the telco space, putting massive pressure on SoftBank’s financials

Japanese Prime Minister Shinzo Abe. Photo by Matt Roberts/Getty Images

Japan’s telco market is quite dormant, with mature, oligopolistic companies charging some of the highest prices on the planet for mobile service. Japan’s government also doesn’t auction off spectrum, which has saved telcos billions of dollars in direct cash costs, helping them to become reliable profit-generating juggernauts.

That cozy world is being shattered by the policy of Japanese prime minister Shinzo Abe, who has made increasing competition in the industry a major policy initiative. That includes putting 5G spectrum up for what will essentially be a competitive auction, demanding lower prices from telcos, and opening the market to new entrants like Rakuten (see #3 below).

As a result, incumbents like NTT DoCoMo have announced rate cuts of up to 40 percent on mobile services, while warning investors that it may take five years for the company to return to current profitability. Those announcements caused stock traders to dump Japanese telco shares this year, shedding $34 billion in the days following the announcements.

At a time when SoftBank most needs its cash flow to pay off its debt, the world is rapidly moving against it. The company has insisted that it can keep revenues and profits stable and even grow into the competition, but the announcements from its larger competitors dump cold water on its claims. SoftBank’s profits surged in its last quarter, but mostly from its Vision Fund investments rather than its core telco business.

3. Rakuten’s entrance into the Japanese mobile service market will scramble the traditional three-way oligopoly

Hiroshi Mikitani, owner of Rakuten. BEHROUZ MEHRI/AFP/Getty Images

One of the big news stories for SoftBank came from ecommerce giant Rakuten, which announced that it will launch a new mobile service in Japan starting as early as next year. As Arman and I wrote about at the time:

Though a new entrant hasn’t been approved to enter the telco market since eAccess in 2007, Rakuten has already gotten the thumbs up to start operations in 2019. The government also instituted regulations that would make the new kid in town more competitive, such as banning telcos from limiting device portability.

Rakuten’s partnerships with key utilities and infrastructure players will also allow it to build out its network quickly, including one with Japan’s second largest mobile service provider, KDDI.

Rakuten has obvious built-in advantages as the second largest ecommerce company in Japan following Amazon, and that will put pressure on other incumbents — including SoftBank — to meet its prices or to compete with more marketing dollars to reach customers. Again, we see a tough road ahead for SoftBank’s telecom business at a very vulnerable time for its balance sheet.

SoftBank: The Vision Fund

4. The Vision Fund actually got bigger this year

Photo by Tomohiro Ohsumi/Getty Images

The Vision Fund’s massive vision got just a bit bigger this year. When the fund announced its first close in May 2017, it set a target final fund size of $93 billion. In 2018 though, the Vision Fund received another $5 billion in commitments. When we add the $6 billion already committed for SoftBank’s Delta Fund, which is a separate vehicle used to alleviate conflicts around the company’s Didi investment, Masayoshi Son now has more than a $100 billion at his disposal.

But that’s not all! The Vision Fund has also been rumored to be raising $4 billion in debt so that it can fund startups faster (picking up on that debt theme yet?). Its LPs, which include Saudi Arabia, Abu Dhabi, and Apple, are given time to fund their commitments to the Vision Fund, and so the fund wants to have cash in the bank so that it can fund its investments faster. Debt structures in the fund are complicated, to say the least.

Masayoshi Son has repeatedly said that he wants to raise a $300 billion Vision Fund II, possibly as soon as next year, eventually ramping to $880 billion in the coming years. Whether the company’s debt load and controversy over Saudi Arabia (see #6 below) will allow that vision to come to pass is going to be a major question for 2019.

5. Seriously: is there any company not getting a multi-hundred million dollar term sheet from SoftBank these days?

Photo by Alessandro Di Ciommo/NurPhoto via Getty Images

SoftBank dominated headlines throughout 2018 with a steady cadence of monster investments across geographies and industries. Based on data from regulatory filings, Pitchbook, and Crunchbase, SoftBank and its Vision Fund led roughly 35 investment rounds, with total round sizes aggregating to roughly $30 billion, or over $40 billion when including investments in Uber and Grab, which were announced in 2017 but didn’t close until early 2018.

Surprisingly, SoftBank’s latest filings indicate that as of the end of September, the Vision Fund had only deployed roughly $33 billion, or about one-third the total fund, though the actual number might be quite a bit larger. SoftBank has led twelve rounds since September, including buying a $3 billion dollar warrant for WeWork and finalizing a large round that included secondary shares into Chinese news aggregator ByteDance.

In addition to investing directly through its Vision Fund, SoftBank also regularly makes and holds investments at the group level, with the intention of selling or transferring shares to the Vision Fund at a later date. As a result, SoftBank currently holds around $27.7 billion in investments that sit outside the Vision Fund, including the company’s stakes in Uber, Grab and Ola which it expects to eventually transfer to the Vision Fund pending LP and regulatory approvals. Assuming it plans to move the majority of these investments to the Vision Fund, SoftBank might have already deployed close to half the fund.

For all of that money flowing out the door though, there are limits even to the Vision Fund’s ambitions. Just today, the Wall Street Journal reported that LPs are pushing back against a plan to buy out a majority of WeWork, which would push the Vision Fund’s investment in the co-working startup to $24 billion. From the article:

Some of the people said that [Saudi Arabia’s] PIF and [Abu Dhabi’s] Mubadala have questioned the wisdom of doubling down on WeWork, and have cast doubt on its rich valuation. The company is on track to lose around $2 billion this year, and the funds have expressed concern that WeWork’s model could leave it exposed if the economy turns, some of the people said.

If the investment went through, WeWork would represent roughly a quarter of the fund’s capital, an astonishing level of concentration for a venture fund. Its a bold, concentrated bet, exactly the kind of model that entices Son.

6. The Vision Fund generated its first massive returns with Flipkart, Guardant and Ping An, with a huge roster to come

Photo by AFP/Getty Images

In just the first full year of operations, the Vision Fund has already begun to see the fruits of its investments with several portfolio company exits.

It made a spectacular return on Indian ecommerce startup Flipkart, where SoftBank realized a $1.5 billion gain on its $2.5 billion investment in just about a year. Walmart, which bought a 77% stake in Flipkart as part of its ambitious overseas strategy, valued the company at $21 billion.

Flipkart may have been the year’s largest highlight for the Vision Fund, but it wasn’t the only liquidity the fund saw. Its pre-IPO investment in Ping An Health & Technology Co, which produces the popular Chinese medical app Good Doctor, debuted on the Hong Kong Stock Exchange, and Guardant Health, which makes blood tests for disease detection, went public in October to rabid investor enthusiasm.

While those early wins are positive signs, the proof of the Vision Fund’s thesis will come early next year, when companies like Uber, Slack and Didi are expected to go public. If the returns prove favorable, then the fundraise for Vision Fund II may well come together quickly. But if the markets turn south and complicate the roadshows for these unicorns, it could complicate the story of how the Vision Fund exits out of these high-flying investments.

7. Murder is wrong. That makes the math for SoftBank really hard.

JIM WATSON/AFP/Getty Images

The tech media world went into a frenzy over Saudi Arabia’s horrific and horrifically public killing of dissident journalist Jamal Khashoggi. That put enormous pressure on SoftBank and its Vision Fund, where Saudi Arabia’s Public Investment Fund (PIF) is the largest LP with a $45 billion commitment.

There have been strong calls for Masayoshi Son to avoid Saudi Arabia in future fundraises, but that is complicated for one simple reason: there are just not that many money managers in the world who can a) invest tens of billions of dollars into firms backing risky technology investments, and b) are willing to ignore SoftBank’s massive debt stack and existential risks.

So SoftBank faces a tough choice. It can have its fund, but will need to get money from unsavory people. That might be fine — after all, Saudi Arabia is also the largest investor in Silicon Valley. Or it can walk away and try to find another LP that might replace the Kingdom’s huge fund commitment.

If the Vision Fund’s numbers look good after the early IPOs in 2019, I can imagine it being able to paper around Saudi Arabia’s commitment with a broader set of LPs that might be intrigued with technology investing and trust the numbers a bit more. If the IPOs stall though, whether because of internal company challenges à la pre-Dara Uber or broader market challenges, then expect a next fundraise to feature Saudi Arabia prominently, or for no fundraise to take place at all.

SoftBank: The Other Stuff

8. Good news on SoftBank’s Sprint side with its merger with T-Mobile looking like it will move forward

CEO of T-Mobile US Inc. John Legere and Executive Chairman of Sprint Corporation Marcelo Claure. Photo by Alex Wong/Getty Images

Since SoftBank acquired Sprint for $20 billion back in 2013, Sprint’s heavy debt balance has led to lackluster performance and the downgrade of SoftBank’s credit ratings to junk, where they’ve remained since.

After initial discussions stalled in 2017, SoftBank reinitiated merger discussions with T-Mobile’s German parent, Deutsche Telekom in 2018, eventually reaching an agreement for a Sprint/T-Mobile merger that would see SoftBank’s ownership stake fall from just over 80% of Sprint to just 27% of the combined entity.

Despite the poor track record for telco deal approvals and the increased scrutiny of cross-border M&A from U.S. regulators, SoftBank’s proposed merger recently received key approvals from the Committee on Foreign Investment in the United States (CFIUS), the Department of Justice, the Department of Homeland Security, and the Department of Defense. Part of that agreement came when SoftBank agreed to eliminate Huawei equipment from its infrastructure. While the deal still needs approval from the Federal Communications Commission, the road forward seems to be relatively clear.

If the deal ultimately goes through, SoftBank will no longer have to consolidate Sprint financials with its own and can instead report only its owned share of Sprint financials (and debt expense), improving (at least the optics of) SoftBank’s balance sheet.

9. SoftBank’s massive bet on Nvidia could be a $3 billion winner even as Nvidia faces crash

Justin Sullivan/Getty Images

SoftBank became Nvidia’s fourth largest shareholder in 2017 after building up a roughly $4 billion stake in the company’s shares. As I detailed last week, Nvidia’s stock has gone into free fall over the past two months, as the company faces geopolitical turmoil, the loss of a huge revenue stream with the collapse in crypto, and an increasingly competitive battle in the next-generation application workflow space.

Now, SoftBank is reportedly looking to sell its Nvidia shares for possible profits of around $3 billion. As Bloomberg reported, that’s because the acquisition was built as a “collar trade” that protected SoftBank against a drop in Nvidia’s share price (a good reminder that even when a stock loses half of its value, it is entirely possible for people to still make money).

The opportunity though is that SoftBank almost certainly still wants to continue to play in the next-generation AI chip space, and needs to find another vehicle for it to hitch a ride on.

10. ARM could be the saving grace of chips for SoftBank

Masayoshi Son, CEO of Japanese mobile giant SoftBank, and Stuart Chambers, Chairman of British chip designer company ARM Holdings, are pictured outside 11 Downing street in central London. NIKLAS HALLE’N/AFP/Getty Images

In 2016, SoftBank made its biggest purchase ever when it acquired system-on-a-chip designer ARM Holdings for $32 billion. ARM’s designs were dominant among smartphones, which at the time was seeing rapid adoption and growth worldwide.

The good news hasn’t stopped since, although ARM has had to pivot its strategy in 2018 to adapt to changing market dynamics. Apple, which has seen its next-generation iPhone sales stalling, has been rumored to be moving to using ARM chips for a wider array of its products, including its Mac lineup. Beyond that expansion, ARM is now increasingly designing chips for the data center, and engaging in next-generation markets around artificial intelligence and automotive. ARM’s CEO has said that he sees a path to doubling revenues by 2022, which shows a healthy clip of growth if that pans out.

There are headwinds though. Consolidation in the semiconductor space has been a theme the past two years, and that will allow the surviving companies to be more ferocious competitors against ARM. Up-and-coming startups could also crimp the company’s growth in next-generation workloads, a risk shared with other incumbents like Nvidia.

That said, ARM seems to be in a much more strategic position than Nvidia these days, as ARM has managed to maintain its linchpin role, and that should ultimately roll up to a valuation that SoftBank will be excited about.

11. Alibaba is putting heavy pressure on SoftBank’s balance sheet

Jack Ma, businessman and founder of Alibaba, at the 40th Anniversary of Reform and Opening Up at The Great Hall Of The People on December 18, 2018 in Beijing, China. (Photo by Andrea Verdelli/Getty Images)

While SoftBank has slowly been cashing in after winning big on its early backing of Alibaba, the company’s ownership stake still sits at roughly 29%.

SoftBank’s Alibaba ties have helped the company fuel its incessant appetite for leverage, with SoftBank using its stake in Alibaba as collateral for an $8 billion off-balance sheet loan, which prevented additional downgrades of Softbank’s credit. But a tougher macro backdrop and slowing sales growth have caused Alibaba to follow the precipitous decline of other Chinese tech stocks in 2018, falling nearly 20% year-to-date and 30% in the last 6 months.

That decline means tens of billions of dollars of losses for SoftBank’s already overstretched balance sheet, and as with many of these stories, will make financing its vision challenging in 2019.

And so we get back to the core theme of 2018 for SoftBank: debt, leverage, and financial wizardry in pursuit of a bold transformation into a technology investment firm. That transformation has certainly not been smooth, but it has moved forward bit by bit. If SoftBank can navigate the changes in the Japanese telco market, exit some major investments in its Vision Fund, and manage its big commitments in Sprint and Alibaba, it will reach its destination, with a few ultimately superficial bruises along the way.



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Tuesday, 18 December 2018

France doesn’t want to wait for European tax reform to tax tech giants

France’s Economy Minister Bruno Le Maire held a press conference earlier today to announce that France will tax big tech companies starting on January 1st, 2019.

This has been a long-rumored tax reform, and it looks like France is changing the scope of the new tax. After a couple of years of negotiations at the European level, France and other European countries have failed to convince everyone that tech companies have been optimizing their tax structure for too long.

The main issue is that a new tax model requires a unanimous vote — every European Union member country needs to vote for the reform. While countries with big local markets were in favor of the move, many smaller countries have yet to support the new tax.

So the French government is trying something new. Le Maire thinks it’s better to start taxing tech companies in France now and find European support later.

Le Maire wants to target big tech companies in particular — think Google, Apple, Facebook and Amazon. He thinks the new tax could represent around €500 million for 2019 alone ($565 million).

And it’s true that Apple, Amazon and Google have all had issues at some point. They’ve all been accused of illegal tax benefits and other tax evasion schemes. In many cases, those companies have reported ridiculously low profits in most European countries as they’ve been wiring all profits to a tax-friendly country.

It’s still unclear how the French tax is going to work. But Le Maire says that France will look at advertising revenue, marketplace revenue and revenue based on personal data.



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Cydia shuts down purchasing mechanism for its jailbreak app store

Years after becoming one of the go-to destinations for iOS jailbreaks, Cydia’s app store is disabling purchases. Users will be able to access existing downloads through the store and access purchases via third-parties, but beginning this week, they’ll no longer be able to buy apps through the store.

Founder Jay “Saurik “ Freeman revealed the news via a Reddit post this week recommending users remove PayPal accounts from their profile. Freeman notes his initial plan to shut the service down by year’s end, before ultimately opting to close down the purchasing mechanism this weekend over the PayPal issue.

The software engineer cites the toll running the service has taken on his personal life and finances in making the decision. “[T]his service loses me money and is not something I have any passion to maintain: it was a critical component of a healthy ecosystem,” he writes, “and for a while it helped fund a small staff of people to maintain the ecosystem, but it came at great cost to my sanity and led lots of people to irrationally hate me due to what amounted to a purposeful misunderstanding of how profit vs. revenue works.”

Cydia was launched 10 years ago, shortly after the first iPhone was jailbroken. The service has offered users a way to bypass Apple’s own App Store lockdown, building up a rabid fanbase in the process. Ultimately, however, jailbreaking’s popularity has waned in the intervening users.

The exact future of the Cydia community remains unclear, though Freeman has promised a “more formal post” about his plans next week. We’ve reached out for further comment.



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Google still claimed to be blocking search rivals on Android, despite Europe’s antitrust action

Mobile licensing changes made by Google this fall, when it tweaked terms for OEMs wanting to license its Android smartphone platform on devices destined for the European market, don’t appear to be offering succour to search rivals — despite being triggered by an antitrust ruling intended to reset the competitive playing field.

The European Commission found the search giant guilty of anti-competitive practices related to its Android platform this summer, slapping the company with a $5BN fine.

The decision required Google cease practices judged to be illegally skewing the market and do so within 90 days.

It was the second such major EC antitrust finding against Google, after last year’s Google Shopping ruling, when the company was warned that having been found dominant in search it had a “special responsibility” to avoid breaching antitrust rules in any market it plays in.

Google disputes the Commission’s findings of competitive abuse in both cases, and has lodged legal appeals.

But the nature of competition law demands action in the meanwhile, given the threat of punitive penalties for any continued breach. So in October Google responded to the Commission’s Android ruling by updating its regional compatibility agreement to provide a route for OEMs to unbundle key services from the Android OS — rather than requiring its suite of Google apps be pre-loaded for devices to get the Play Store.

However it also incorporated licensing fees for some unbundled configurations (e.g. Android + Play Store). At the same time it said it would not charge any fee to include search or Chrome. And it said it was offering incentives for OEMs to place its eponymous, market dominating search engine (and/or browser) prominently on their devices — despite one of the behaviors the Commission judged illegal being payments Google had made to certain large manufacturers and mobile carriers to exclusively pre-install Google Search.

The Commission did not prescribe specific remedies for the anticompetitive behaviours it pegged to Android — saying it’s “Google’s sole responsibility to make sure that it changes its conduct in a way that brings the infringements to an effective end”.

Though it warned it would closely monitor the company’s conduct, noting that any finding of continued non-compliance would risk fresh fines — of up to 5% of the average daily turnover of Alphabet for each day of non-compliance.

The key word there is “effective” — in terms of what the Commission is watching for.

Meanwhile Google’s dominant position in search naturally makes it the smartphone consumer’s go-to choice — which in turn means there’s a natural incentive for device makers not to ditch Google as the search default. At least for mainstream devices.

But Google’s new European licensing terms for Android appear to be piling additional pressure on OEMs not to switch even for more experimental and/or regional device launches, according to privacy-focused search engine Qwant.

Pay to install

Its experience suggests Google’s initial ‘remedy’ — far from delivering an “effective end” to the competitive infringements the Commission found — is actively steering OEMs away from search alternatives and rival companies.

Qwant, a French startup, launched its non-tracking search offering back in 2013, and has been on a growth tear on its home turf in recent months — winning over high profile users in the public sector as concern has risen about Silicon Valley’s intrusive grip on user data.

The French National Assembly and the French Ministry of the Armed Forces Minister announced this fall they’d switch to Qwant instead of Google as their default.

Of course the startup is still a minnow compared to Google. But it’s growing: Qwant tracks queries rather than users (given it doesn’t track people), and it says it generated 2.6BN queries in 2016; which grew to 9BN last year; and is now on track to end this year with around 18BN queries.

“So if we think about it that means that last year we were three days of Google; this year six days of Google — not so bad!” says co-founder Eric Leandri.

“In France we have now more than 6% of the market,” he continues. “In Germany something like 2%. And we are still growing. We do growth of 20% by month for the last four months. The growth in our revenue is two digit too, by month.”

Earlier this year it had been hoping to make additional regional marketshare gains by securing a deal to be pre-loaded on Android smartphones destined for European markets. A spokesman tells us it has a framework agreement with Huawei. (The Chinese Android OEM is second only to Samsung in global marketshare terms, according to analysts.)

The Commission’s antitrust ruling opened the door to this possibility, given it banned Google from prohibiting OEMs from launching non-Google approved Android forks. So after the ruling things were looking good for Qwant, with the startup on the cusp of securing a device deal for a few European countries, as Leandri tells it. 

He blames Google’s licensing changes for putting the kibosh on a launch they’d been expecting to be able to announce in November. Early that month the startup pinged us to trail forthcoming news — of “a major partnership that will allow us to accelerate in the smartphone market” — only to go silent.

A few weeks later it got in touch again to say it had had to postpone the announcement.

“We are very near to one or two deals to be by default or in the list of search engines in some Android cell phone made by a very large Asian manufacturer… Just for Europe, and just for some countries in Europe but we are talking about 10 million or 20 million of cell phones,” says Leandri now.

“And when we have won the bid against Google in October then Google start to say that in Europe you have to pay $40 for Android. So now if you install Qwant you have to pay $40 and if you install Google they give you some cash.”

“Before it was impossible to bid against Google because Google was blocking everything. Now you can — but now the solution of Google is you have to pay $40 if you don’t install Google by default with Chrome just on the bar. You know the bar that is fixed on Android. And this is again an abuse of their dominant position,” he adds.

“Because if I want, for example, 10 million smartphones, the guy has to pay $400M to Google. Do you really think they will pay $400M to Google just to install Qwant?”

Google’s rebuttal of the Commission’s antitrust finding for Android has focused on claims that its approach of free licensing combined with a bundle of Google services has generally enabled competition to thrive in the mobile app ecosystem, as well as claiming lower prices are a “classic hallmark… of robust competition”.

Yet Qwant’s experience offers a clear counterpoint, underlining how challenging it remains to try to compete with Google’s core search business when the same company also dominates the smartphone market and can just throw the levers of Android’s licensing terms to configure how much ‘appetite’ OEMs have for investing in alternative search defaults (given tiny hardware profit margins in the Android space).

After Qwant won over Huawei to building a device with its search engine in prime position, Leandri says it was Google’s changes to the licensing terms for Android that threw a spanner in the works.

“After that pressure then the manufacturer doesn’t know how to react now,” he says, confirming he believes there’s currently no chance for the device to be launched. Not without further changes to how Android operates in the market — i.e. further regulatory intervention.

“So we will work a lot with the European Commission to stop that,” he adds. “But again, again my question is why Google goes that way?”

We reached out to Google to ask about the fees it would charge an OEM wanting to launch an Android device with Google Play but without Google search as the default in Europe.

We also asked how charging a fee for Android if OEMs don’t also bundle Google services can help increase competition, per the Commission’s intention.

At the time of writing Google had not responded to our questions.

We also reached out to Huawei for comment and will update this story with any response.

Even if Qwant and Huawei get their way, and European buyers in a handful of countries are able to choose to buy an Android device with a little search localization as its differentiating out-of-the-box twist, Leandri isn’t under any illusions that a majority of consumers will still switch back to Google of their own accord — given its dominance of search.

He reckons those who’d stick with a non-Google search choice might be as low as a third or 40%. 

But his point is that, as it stands, Qwant doesn’t even have the chance to try competing against the Google Goliath on its own terms. And he argues that’s simply not fair. 

“Google has billions to make advertisement to ask people to switch, right. And they can even do advertisement on the Play Store for zero because they control the Play Store. Why they don’t come back to a normal market where we are all on the same line and they just compete with advertisement, with pushing their products, with a better proposition of value. It’s crazy, it’s crazy!” he says.

“They have 95% of the market, and on that market they expect that if they don’t have the search by default there then they don’t do money with the Play Store. This is bullshit. They do billions of euros with the app on the Play Store each year. With the 30% that they take on the apps. So this is not true. This is not true, sorry.

“So right now this is our goal and my main work actually is just to obtain the right to have a fair competition — a simple, fair competition.”

“I don’t want to dismantle Google. I don’t want Google to be fined 10BN. I don’t care. The only thing I want is to have the right to have a fair competition,” he adds.

We asked the European Commission to respond to Qwant’s experience, and for an update on its monitoring of Google’s compliance with the Android antitrust ruling.

A spokeswoman declined to comment on an individual case but we understand the Commission has been sending questionnaires to market players as part of its compliance monitoring.

It’s clear the regulator’s intention with the Android decision was to expand consumer choice by creating opportunities for competition that didn’t exist before — including for rival search and browser providers to be able to compete on the merits with Google when it comes to pre-loading their products on Android devices.

So if the Commission’s monitoring efforts confirm instances where competition is being blocked, as appears the case here with Qwant, further interventions will surely follow.

Leandri also points out that Google made much the same arguments vis-a-vis ‘fair competition’ more than a decade ago — when it called for the then computing incumbent, Microsoft, not to stand in the way of Internet upstarts by bundling MSN search into its Internet Explorer web browser. 

“The market favors open choice for search, and companies should compete for users based on the quality of their search services,” said Marissa Mayer in 2006then Google’s vice president for search products. “We don’t think it’s right for Microsoft to just set the default to MSN. We believe users should choose.”

“I totally agree with what they say in 2006! Just exchange Microsoft for Google and that’s it!” he says now, adding: “We have to fight because there is not a lot of other way. But I stop fighting tomorrow as soon as I have a fair competition.

“I’m not waiting for the Commission to make the competition. Right now the percentage of growth that I have in France it’s not based on the Commission who has won or not. It’s based on our value proposition.”

Leandri is also president of the Open Internet Project, a European organization whose members lobby for regulatory action to rein in what they view as Google’s abusive dominance of digital markets, and which was also involved in the Google Shopping complaints — though he points out that in the Android case three of the five complainants are American. 

“We are the only European. So the problem is not only for a small startup in Europe. Who, y’know, complained because ‘Google is so cool’. And we are so dumb. And so ridiculous. But the problem is for Oracle, it’s for the Fair Search. It’s not for kids.”



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The new Palm is almost the MP3 player I want

The iPod Classic still looms larger as my favorite gadget of all time. Sure, plenty have lapped the device in terms of technology, while any lingering concerns about not owning the music I listen to have faded for the ubiquity of Spotify, but the iPod lives on in the perfect sweet spot for my own musical obsessions.

Of course, that device finally gave up the ghost, as all gadget eventually do. After about three or so, I eventually threw in the towel. Apple had long since discontinued the line, and buying them second hand was just getting too pricy. So I moved on to streaming, my MP3s collecting dust inside some external hard drive.

We recently wrote up the latest version of the Mighty, a device I spent a bit of time with on a recent trip to Asia, before handing it off to a colleague who was a much bigger fan of the whole iPod shuffle for Spotify model.

Before jetting off to Africa this past week, however, it occurred to me that it might be time to give the Palm another shot. We weren’t particularly kind to the device, and the rest of the tech community mostly agreed with that assessment. But it would be a shame to write the product off entirely. Sure, it’s got a lot of issues, and is targeted a sliver of the overall smartphone market, but maybe there’s some redemption to be found in the product.

The hardware construction is certainly solid for what largely amounts to shrunk down version of the iPhone. Perhaps there’s something to this whole secondary device thing, after all. Back in the waining days of my iPod dependence, I’d rarely leave home without the Classic in one pocket and a smartphone in another. I might have killed for a touch interface MP3 player with as slim a form factor as the Palm.

It’s an ideal size for the task, really. Small enough to slip into a change pocket, with a large screen to navigate through a music library. Staring down a pair of 10+ hour flights and a couple of days of questionable internet connectivity, I dusted off the Palm and loaded it up with songs downloaded from Spotify.

That was the first issue. This one’s wholly unrelated to Palm, but man, the way Spotify serves up offline songs is a real pain in the ass. Rather than simply displaying them when the app is offline, you have to jump through hoops to get them to show up. The easiest way to scrolling through to playlists, swiping down to bring up the search bar, then clicking “Filter” to only display offline songs.

One has to employ a similar method to get around one of the Palm’s biggest shortcomings as a music player: the lack of volume buttons. Here you have to wait until a song is playing, then swipe down to bring up the volume slider. If music isn’t playing, on the other hand, you’ve got got to navigate through the settings. Even Apple, with all of its animosity toward all thing button, has kept the volume buttons on-board.

Battery is another major concern. Of course, sticking the device in airplane mode helps a bit — though even then, it likely won’t getting you through a full international flight. It is, however, enough to get your through a trip to the gym, certainly, and the form factor is small enough to stuff into a pocket when going for a run.

At the end of the day, the experiment was ultimately more trouble than it was worth. The fact of the matter is that most of the tech world has moved on from the notion of a devoted music player. Still, I can’t shake the feeling that, with a few hardware (too late to add a headphone jack?) and software tweaks (and a lower, off-contract price point), Palm could help reignite that fire for some.



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Ola, Uber’s India rival, invests $100M in scooter rental startup Vogo

We’re familiar with Uber cozying up to scooter startups — it has bought one and invested in another — but over in India, the U.S. firm’s key rival is hatching a major alliance of its own it invested $100 million in scooter rental startup Vogo.

Ola first invested back in August when Vogo raised an undisclosed Series A round from Ola, Matrix Partners and other investors, but now Ola is doubling down with this follow-on deal. It isn’t saying how much equity it has captured with this investment, nor the valuation that it gives Vogo but you can well imagine it is high for a company that has only just done its Series A.

As you’d expect, this is a strategic investment and it’ll mean that Vogo scooters will appear within the Ola app, from where they can be booked by the company’s 150 million registered users, “soon.” Bangalore and Hyderabad are the two cities where Vogo operates, but you’d imagine that it will lean on Ola to expand into other parts of tier-one India where Ola already has a strong presence.

Ola’s money is going directly into supply, with Vogo planning to buy 100,000 more scooters for its platform. The company’s scooters, for those who don’t know them, are unlocked using a one-time password generated from the company’s Android app. Scooters are either dropped off at a designated station, or the rider specifies that they are taking a round trip and then returns it to the station where they started.

Ola CEO and co-founder Bhavish Aggarwal — pictured in the top image alongside Vogo CEO and founder Anand Ayyadurai — said he hopes that the deal and integration will improve last-mile transportation options across India.

A selection of screen captures from the Vogo Android app

“Our investment in Vogo will help build a smart multi-modal network for first-last mile connectivity in the country. Vogo’s automated scooter-sharing platform, backed by Ola’s expertise in this space can help transform our cities. Together, we are thrilled to be at the forefront of India’s rapidly growing micro-mobility market,” he said in a prepared statement.

Ola previously invested in its own bike rental service last year, although that category has struggled in India as Chinese imports like Ofo have fled the country after struggling to develop a sustainable business in the country, and others outside of China. Ola and also Uber have offered motorbike taxis in India since 2016, but scooters offer a more individual approach.

Uber, for its part, doesn’t offer scooters in India at this point. But with India its second-largest market — it has reportedly crossed $1.6 billion in annualized bookings — you’d imagine that it is near the top of the company’s thoughts… although there is the business of that upcoming U.S. IPO to deal with.



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Sunday, 16 December 2018

3D-printed heads let hackers – and cops – unlock your phone

There’s a lot you can make with a 3D printer: from prosthetics, corneas, and firearms — even an Olympic-standard luge.

You can even 3D print a life-size replica of a human head — and not just for Hollywood. Forbes reporter Thomas Brewster commissioned a 3D printed model of his own head to test the face unlocking systems on a range of phones — four Android models and an iPhone X.

Bad news if you’re an Android user: all four phones unlocked with the 3D printed head.

Gone, it seems, are the days of the trusty passcode, which many still find cumbersome, fiddly, and inconvenient — especially when you unlock your phone dozens of times a day. Phone makers are taking to the more convenient unlock methods. Even if Google’s latest Pixel 3 shunned facial recognition, many Android models — including popular Samsung devices — are relying more on your facial biometrics. In its latest models, Apple effectively killed its fingerprint-reading Touch ID in favor of its newer Face ID.

But that poses a problem for your data if a mere 3D-printed model can trick your phone into giving up your secrets. That makes life much easier for hackers, who have no rulebook to go from. But what about the police or the feds, who do?

It’s no secret that biometrics — your fingerprints and your face — aren’t protected under the Fifth Amendment. That means police can’t compel you to give up your passcode, but they can forcibly depress your fingerprint to unlock your phone, or hold it to your face while you’re looking at it. And the police know it — it happens more often than you might realize.

But there’s also little in the way of stopping police from 3D printing or replicating a set of biometrics to break into a phone.

“Legally, it’s no different from using fingerprints to unlock a device,” said Orin Kerr, professor at USC Gould School of Law, in an email. “The government needs to get the biometric unlocking information somehow,” by either the finger pattern shape or the head shape, he said.

Although a warrant “wouldn’t necessarily be a requirement” to get the biometric data, one would be needed to use the data to unlock a device, he said.

Jake Laperruque, senior counsel at the Project On Government Oversight, said it was doable but isn’t the most practical or cost-effective way for cops to get access to phone data.

“A situation where you couldn’t get the actual person but could use a 3D print model may exist,” he said. “I think the big threat is that a system where anyone — cops or criminals — can get into your phone by holding your face up to it is a system with serious security limits.”

The FBI alone has thousands of devices in its custody — even after admitting the number of encrypted devices is far lower than first reported. With the ubiquitous nature of surveillance, now even more powerful with high-resolution cameras and facial recognition software, it’s easier than ever for police to obtain our biometric data as we go about our everyday lives.

Those cheering on the “death of the password” might want to think again. They’re still the only thing that’s keeping your data safe from the law.



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