Thursday, 30 July 2020

Telegram hits out at Apple’s app store ‘tax’ in latest EU antitrust complaint

Apple has another antitrust charge on its plate. Messaging app Telegram has joined Spotify in filing a formal complaint against the iOS App Store in Europe — adding its voice to a growing number of developers willing to publicly rail against what they decry as Apple’s app “tax”.

A spokesperson for Telegram confirmed the complaint to TechCrunch, pointing us to this public Telegram post where founder, Pavel Durov, sets out seven reasons why he thinks iPhone users should be concerned about the company’s behavior.

These range from the contention that Apple’s 30% fee on app developers leads to higher prices for iPhone users; to censorship concerns, given Apple controls what’s allowed (and not allowed) on its store; to criticism of delays to app updates that flow from Apple’s app review process; to the claim that the app store structure is inherently hostile to user privacy, given that Apple gets full visibility of which apps users are downloading and engaging with.

This week Durov also published a blog post in which he takes aim at a number of “myths” he says Apple uses to try to justify the 30% app fee — such as a claim that iOS faces plenty of competition for developers; or that developers can choose not to develop for iOS and instead only publish apps for Android.

“Try to imagine Telegram or TikTok as Android-only apps and you will quickly understand why avoiding Apple is impossible,” he writes. “You can’t just exclude iPhone users. As for the iPhone users, the costs for consumers to switch from an iPhone to an Android is so high that it qualifies as a monopolistic lock-in” — citing a study done by Yale University to bolster that claim.

“Now that anti-monopoly investigations against Apple have started in the EU and the US, I expect Apple to double down on spreading such myths,” Durov adds. “We shouldn’t sit idly and let Apple’s lobbyists and PR agents do their thing. At the end of the day, it is up to us – consumers and creators – to defend our rights and to stop monopolists from stealing our money. They may think they have tricked us into a deadlock, because we’ve already bought a critical mass of their devices and created a critical mass of apps for them. But we shouldn’t be giving them a free ride any longer.”

The European Commission declined to comment on Telegram’s complaint.

We also reached out to Apple for comment but the company also declined to provide an on the record statement regarding Telegram’s complaint. A spokesperson did point to a piece of analyst research, from earlier this year, which found iOS had a marketshare of 15% vs Android’s 85%. They also flagged a separate analyst report, which looks at commission rates charged by app and digital content stores and marketplaces — suggesting this shows that rates charged for similar types of stores are generally also around 30%.

So the company’s overarching argument against ‘app tax’ complaints continues to be the claim that: A) Apple can’t have monopoly power, given its relatively small mobile OS marketshare (vs Android); and B) the App Store fee is fair because it’s basically the same as everyone else charges. (On the latter point it’s true Google also takes a 30% cut via the Play Store. However the Android platform lets users sideload apps; whereas, on iOS, users would have to jailbreak their device to get the same level of freedom to freely install apps of their choice).

Apple’s arguments are also now being actively looked into by EU regulators. Last month the Competition Commission announced it’s investigating Apple’s iOS store (and Apple Pay) — saying a preliminary probe of the store had identified concerns related to conditions and restrictions applied by the tech giant.

Specifically vis-a-vis the App Store, the Commission said it’s looking at Apple’s mandatory requirement that developers use its proprietary in-app purchase system, and at restrictions it applies on the ability of developers to inform iPhone and iPad users of alternative cheaper purchasing possibilities outside of the App Store.

The investigation by EU regulators is just the latest in a series of major big tech antitrust probes under the bloc’s current competition chief, Margrethe Vestager — who has also been digging into Amazon and Facebook business practices in recent years, as well as hitting Google with a series of record-breaking antitrust fines.

Over in the US, meanwhile, lawmakers are also actively grappling with competition concerns that have long been attached to a number of tech giants — and are being exacerbated by the pandemic concentrating platform power. Apple is one of the tech giants of concern, though not, seemingly, top of US lawmakers’ target list.

Yesterday, a hearing of the House Antitrust Subcommittee took testimony from four big tech CEOs: Amazon’s Jeff Bezos, Apple’s Tim Cook, Facebook’s Mark Zuckerberg and Google’s Sundar Pichai — with Pichai, Bezos and Zuckerberg getting the most questions from lawmakers.

Cook did face a number of questions around how the company operates the App Store, though — including about the commission it charges developers and a specific line of enquiry on why it had removed rival screen time apps. Asked whether Apple could ever raise its 30% take on app subscriptions Cook sought to sidestep the question, saying the fee had remained unchanged since the launch of the store.

He then followed up by arguing Apple faces huge competition for developers — citing alternatives platforms such as Windows and Xbox as also fiercely vying for developers, and likening the competition to attract developers as akin to “a street fight for market share”.

The contention from complainants like Spotify and Telegram is that Cook’s claim of Apple facing fierce competition for developers’ wares, from its position as the world’s second largest smartphone OS by marketshare, does not stand up to scrutiny. But it’ll be up to EU regulators to determine how to define the market for smartphone apps and, flowing from that, whether they identify harm or not.



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Telegram hits out at Apple’s app store ‘tax’ in latest EU antitrust complaint

Apple has another antitrust charge on its plate. Messaging app Telegram has joined Spotify in filing a formal complaint against the iOS App Store in Europe — adding its voice to a growing number of developers willing to publicly rail against what they decry as Apple’s app “tax”.

A spokesperson for Telegram confirmed the complaint to TechCrunch, pointing us to this public Telegram post where founder, Pavel Durov, sets out seven reasons why he thinks iPhone users should be concerned about the company’s behavior.

These range from the contention that Apple’s 30% fee on app developers leads to higher prices for iPhone users; to censorship concerns, given Apple controls what’s allowed (and not allowed) on its store; to criticism of delays to app updates that flow from Apple’s app review process; to the claim that the app store structure is inherently hostile to user privacy, given that Apple gets full visibility of which apps users are downloading and engaging with.

This week Durov also published a blog post in which he takes aim at a number of “myths” he says Apple uses to try to justify the 30% app fee — such as a claim that iOS faces plenty of competition for developers; or that developers can choose not to develop for iOS and instead only publish apps for Android.

“Try to imagine Telegram or TikTok as Android-only apps and you will quickly understand why avoiding Apple is impossible,” he writes. “You can’t just exclude iPhone users. As for the iPhone users, the costs for consumers to switch from an iPhone to an Android is so high that it qualifies as a monopolistic lock-in” — citing a study done by Yale University to bolster that claim.

“Now that anti-monopoly investigations against Apple have started in the EU and the US, I expect Apple to double down on spreading such myths,” Durov adds. “We shouldn’t sit idly and let Apple’s lobbyists and PR agents do their thing. At the end of the day, it is up to us – consumers and creators – to defend our rights and to stop monopolists from stealing our money. They may think they have tricked us into a deadlock, because we’ve already bought a critical mass of their devices and created a critical mass of apps for them. But we shouldn’t be giving them a free ride any longer.”

The European Commission declined to comment on Telegram’s complaint.

We also reached out to Apple for comment but the company also declined to provide an on the record statement regarding Telegram’s complaint. A spokesperson did point to a piece of analyst research, from earlier this year, which found iOS had a marketshare of 15% vs Android’s 85%. They also flagged a separate analyst report, which looks at commission rates charged by app and digital content stores and marketplaces — suggesting this shows that rates charged for similar types of stores are generally also around 30%.

So the company’s overarching argument against ‘app tax’ complaints continues to be the claim that: A) Apple can’t have monopoly power, given its relatively small mobile OS marketshare (vs Android); and B) the App Store fee is fair because it’s basically the same as everyone else charges. (On the latter point it’s true Google also takes a 30% cut via the Play Store. However the Android platform lets users sideload apps; whereas, on iOS, users would have to jailbreak their device to get the same level of freedom to freely install apps of their choice).

Apple’s arguments are also now being actively looked into by EU regulators. Last month the Competition Commission announced it’s investigating Apple’s iOS store (and Apple Pay) — saying a preliminary probe of the store had identified concerns related to conditions and restrictions applied by the tech giant.

Specifically vis-a-vis the App Store, the Commission said it’s looking at Apple’s mandatory requirement that developers use its proprietary in-app purchase system, and at restrictions it applies on the ability of developers to inform iPhone and iPad users of alternative cheaper purchasing possibilities outside of the App Store.

The investigation by EU regulators is just the latest in a series of major big tech antitrust probes under the bloc’s current competition chief, Margrethe Vestager — who has also been digging into Amazon and Facebook business practices in recent years, as well as hitting Google with a series of record-breaking antitrust fines.

Over in the US, meanwhile, lawmakers are also actively grappling with competition concerns that have long been attached to a number of tech giants — and are being exacerbated by the pandemic concentrating platform power. Apple is one of the tech giants of concern, though not, seemingly, top of US lawmakers’ target list.

Yesterday, a hearing of the House Antitrust Subcommittee took testimony from four big tech CEOs: Amazon’s Jeff Bezos, Apple’s Tim Cook, Facebook’s Mark Zuckerberg and Google’s Sundar Pichai — with Pichai, Bezos and Zuckerberg getting the most questions from lawmakers.

Cook did face a number of questions around how the company operates the App Store, though — including about the commission it charges developers and a specific line of enquiry on why it had removed rival screen time apps. Asked whether Apple could ever raise its 30% take on app subscriptions Cook sought to sidestep the question, saying the fee had remained unchanged since the launch of the store.

He then followed up by arguing Apple faces huge competition for developers — citing alternatives platforms such as Windows and Xbox as also fiercely vying for developers, and likening the competition to attract developers as akin to “a street fight for market share”.

The contention from complainants like Spotify and Telegram is that Cook’s claim of Apple facing fierce competition for developers’ wares, from its position as the world’s second largest smartphone OS by marketshare, does not stand up to scrutiny. But it’ll be up to EU regulators to determine how to define the market for smartphone apps and, flowing from that, whether they identify harm or not.



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What’s ahead for no-code and low-code startups?

Since The Exchange last checked in on the world of low- and no-code startup funding, several more interesting rounds in the niche have bubbled up.

This week, TechCrunch covered a startup called Hevo raising $8 million, and Paragon, which raised a $2.5 million seed round. Hevo is a “data pipeline startup” that helps “clients’ employees to integrate data from more than 150 different sources — including enterprise software from Salesforce and Oracle  without requiring a technical background, we reported.

Paragon, part of Y Combinator’s Winter 2020 batch, is a developer productivity-focused service that “makes it easier for non-technical people to be able to build out integrations using our visual workflow editor” according to its co-founder Brandon Foo. Paragon wants to “bring the benefits of low code to product and engineering teams and make it easier to build products without writing manual code for every single integration” to help “streamline the product development process,” Foo added.

And there are more rounds worth highlighting in the space since we last looked, like $4 million for Enduvo (no-code AR/VR), a $3.45 million extension for the fast-growing Turbo Systems (a no-code “engagement platform”), and a seed round for CloudWorx (no-code IoT), among others.

The trend that we noted last week that no-code and low-code startups are raising lots of capital is still hot.

But startups aren’t the only companies working in this space: Apple has long had a foot in the domain via its subsidiary Claris, which rebranded to that name last year after running under the FileMaker moniker. At the time, Claris CEO Brad Freitag told TechCrunch that his company’s vision was to make “powerful technology accessible to everyone.”

That wasn’t merely cliché: Claris’ best-known product, FileMaker, helps users build low-code apps, and its second product is called Connect, a service that helps users link APIs using low-code tooling.

Given that Claris has been in the no-code, low-code space for longer than most, TechCrunch caught up with Freitag again to chat about recent growth in the market category, what he thinks of the low-code terminology, and, of course, his take on startups in the niche.

The growth of no-code and low-code



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Google’s “no choice” screen on Android isn’t working, says Ecosia — querying the EU’s approach to antitrust enforcement

Google alternative Ecosia is on a mission to turn search clicks into trees. The Berlin based not-for-profit reached a major milestone earlier this month, having used ad revenue generated by users of its privacy-sensitive search engine to plant more than 100 million trees across 25 countries worldwide — targeted at biodiversity hotspots.

However these good feels have been hit hard by the coronavirus pandemic. Ecosia has seen its monthly revenues slashed by half since COVID-19 arrived in Europe, with turnover falling from €2.6M in February to just €1.4M in June. It’s worried that its promise of planting a tree every 0.8 seconds is at risk.

It has also suffered a knock to regional visibility as a result of boycotting an auction process that Android OS maker Google has been running throughout this year, as a response to a 2018 Commission antitrust decision that found the tech giant had violated EU competition rules in how it operates the smartphone platform — including via conditions placed on phone makers to pre-load its own services (like Google search) as device defaults.

An auction process now determines which rival search engines appear on a search ‘choice screen’ Google began showing to Android users in Europe in the wake of the Commission decision. Currently, Google offers three paid slots via the auction to non-Google search engines. Android users setting up a new device always see Google’s own search engine as one of the four total options.

The tech giant’s rivals have consistently argued this ‘pay to play’ model is no remedy for its anti-competitive behavior with Android, the world’s dominant smartphone OS. Although most (including DuckDuckGo) felt forced to participate in its auction process from the get-go. Forgoing the most prominent route to the Android search market isn’t exactly a luxury most businesses could afford.

Ecosia, a not-for-profit, was the last major hold out. But now it says it’s been forced to end its boycott in a bid to remain competitive in the region. This means it will participate in the next auction round for the Android choice screen — scheduled for the beginning of Q4. If it wins any per country slots it will appear as a search choice option to those Android users in future, though likely not til next year given the length of the auction process.

It remains highly critical of Google’s pay-to-play model, arguing it’s no remedy for the antitrust violations identified by the Commission. It also laments that EU lawmakers are taking a ‘wait and see’ approach to determining whether Google’s ‘remedy’ is actually restoring competition, given all the evidence to the contrary.

“The main reason why we boycotted the auction is because we think it’s highly unfair and anticompetitive,” says Ecosia CEO Christian Kroll, speaking to TechCrunch via video chat. “Not only do we think that fair competition shouldn’t be sold off in an auction but also the way the auction is designed basically makes sure that only the least interesting options can win.

“Since we have a business model where we use most of our revenues to plant trees we basically can’t really win in an auction model. If you’re already a search engine that’s quite well known… then you have a lot of cannibalization effects through this screen. So we’re basically paying for traffic that we would get for free anyway… So it’s just super unfair and anticompetitive.”

Kroll expresses emphatic surprise that the Commission didn’t immediately reject Google’s auction model for the choice screen — saying it seems as if they’ve learned nothing from the EU’s earlier intervention against Microsoft’s tying of its Internet Explorer browser with its dominant desktop OS, Windows. (In that case the saga ended after Microsoft agreed to implement a ballot screen offering a choice of up to 12 browsers, which paved the road for Google to later gain share with its own Chrome browser.)

For a brief initial period last year Google did offer a fee-less choice screen in Europe, pushing this out to existing Android devices — with search rivals selected based on their market popularity per country (which, in some markets, included Ecosia).

However the tech giant said then that it would be “evolving” its implementation over time. And a few months later an auction model was announced as incoming for new Android devices — with that ‘pay-to-play’ approach kicking off at the start of this year.

Search rivals including DuckDuckGo and Qwant immediately cried foul. Yet the response from the Commission has been to kick the can — with regulators offering platitudes that said they would “closely monitor”. They also claimed to be “committed to a full and effective implementation of the decision”.

However the missing adjective in that statement is ‘fast’. Google rivals would argue that for a remedy to be effective it needs to happen really fast, like now — or, for some of them, the risk really is going out of business. After all, the Commission’s Android antitrust decision (which, yes, Google is appealing) already dates back two full years

“I find it very surprising that the European Commission hasn’t rejected [Google’s auction model] from the start because some of the key principles from what made the choice screen successful in the Microsoft case have just been completely disregarded and been turned around by Google to turn the whole concept of a choice screen to their advantage,” says Kroll. “We’re not even calling it the ‘choice screen’ internally, we just call it the ‘auction screen’. And since we’re now stopping to boycott we call it the ‘no choice screen’.”

“It’s Google’s way to give the impression that there’s free choice but there is no free choice,” he adds. “If Google’s objective here would be to create choice for the user then they would present the most interesting options, which are the search engines with the highest marketshares — so definitely us, DuckDuckGo and maybe some other players as well. But that’s not what they’re trying to do.”

Kroll points out that another German search rival to Google, Cliqz, had to pull the plug on its anti-tracking alternative at the start of this year — meaning there’s now one less homegrown anti-tracking rival to Google in play. And while Ecosia feels it has no choice but to participate in Google’s auction game Kroll says it also can’t know whether or not participating will result in Ecosia overpaying Google for leads that then mean it generates less revenue and can’t plant as many trees… Or, well, any trees if the worst were to happen.

(NB: Kroll was speaking to TechCrunch ahead of signing an NDA that Google requires participants of the auction to sign which puts a legal limit on what they can say about the process once they’re involved — which, in turn, is a problematic element that another European search rival, Qwant, has also complained is unfair… )

“We don’t have any choice left, other than to participate,” adds Kroll. “Because we want to have access to the Android platform. So basically Google has successfully bullied everyone to play to its own rules — and it’s a game where Google is not only the referee but also they get a free ticket and they are also players…

“Somehow Google magically convinced the public but I think also the European Commission that they need to generate revenue in an auction because they have so many costs through the Android development and so on. It is of course true that they have costs… but they are also generating massive profit through the deals that they then make with the device makers and those profits are not at all shared.”

Kroll points out that Google shells out a (reported) $12BN per year to be the default search engine in Safari on Apple’s iOS platform — even as it pays nothing to get in front of the vast majority of mobile searchers’ eyeballs via Android (and does the same with Chrome).

“If they would pay the same amount of money for those platform they would soon be bankrupt,” he argues. “So they are getting all this for free and they are also getting other benefits for free — like having the Play Store preinstalled, like having Google Maps preinstalled, YouTube preinstalled and so on — which are all revenue sources. But they’re not sharing any of those revenue. They just try to outsource all of the costs that they have to their competitors, which is I think very unfair.”

While Alphabet, Google’s parent entity, doesn’t break out Google Play revenue specifically from within a generic “advertising” bucket when it reports its financials, data from SensorTower for the first half of 2020 suggests it generated $17.3BN in Play Store revenue alone over this six-month period, up 21% year-over-year. And Play is just one of the moneyspinners Google derives via ‘free’ Android.

Since the Commission’s antitrust 2018 decision against Android Kroll argues that nothing has changed for search competitors like Ecosia which are trying to offer consumers a more interesting value exchange for their clicks.

“What Google is doing very successfully is they’re just playing on time,” he suggests. “Our competitor, Cliqz, already went bankrupt because of that. So the strategy seems to work really well for Google. And we also can’t afford to lose access to those platforms… I really hope that the European Commission will actually do something about this because it has been done successfully in the Microsoft case and we just need exactly the same.”

Kroll also flags DuckDuckGo’s design suggestions for “a fair choice screen” — which we covered here last year but which Google (and the Commission) have so far simply ignored.

He suspects regulators are waiting to see how the market looks in another year or more. But of course by then it may be too late to save more alternative search engines from a Cliqz-style demise, thereby further strengthening Google’s position. Which would obviously be the opposite of an antitrust remedy.

Commissioner Margrethe Vestager already conceded last year that another of her interventions against the tech giant — the Google AdSense antitrust case — is an example of “enforcement that hasn’t succeeded because it has failed to restore competition”. So if she’s not careful her record on failed remedies could dent her high profile reputation for being an antitrust chief who’s at least willing to take on tech giants. Where competition is concerned, it must be all about outcomes — or what are you even doing as claimed law ‘enforcers’?

“I always fear that the point might come when big corporates are more powerful than our public institutions and I’m wondering if this point isn’t already reached,” adds Kroll, positing that it’s not clear whether the EU — as an economic and political project now facing plenty of its own issues — will have enough resilience to be able to enforce its own competition law in the near future. So really his key point is: If not now, when? (Or, well, how?)

It’s certainly true that there’s a growing disconnect between what the Commission is saying around competition policy and digital markets — where it’s alive to the critique that regulatory interventions need to be able to move much faster if they’re to prevent monopoly power irreversibly tipping these markets (it’s currently consulting on whether to give itself greater powers of intervention) — and its hands-off approach to how to remedy market failure. tl;dr there’s no effective enforcement without effective remedies. So dropping the ball after the fact of a decision really defeats the whole operation.

Vestager clearly recognizes there’s a problem in the digital context — telling the EU parliament last year: “We have to consider remedies that are much more far reaching”. (Albeit, still not committing to having much more far reaching remedies.) Yet in parallel she preaches ‘wait and see’ as her overarching philosophy — a policy ‘push-pull’ which seems to be preventing the unit from even entertaining taking on a more agile, active and iterative role in supporting markets towards actual restoration of competition. At least not before a lengthy consultation exercise which further kicks the can,

If EU lawmakers can’t learn the lessons from their own relatively recent digital antitrust history (Microsoft tying IE to Windows) to effectively enforce what is a pretty straightforwardly similar antitrust case (Google tying search & its other services to Android), you have to question why they think they need new antitrust tools to properly tackle digital monopolies now. Given they don’t seem able to effectively wield the tools they’ve already got.

It does rather look increasingly like the current crop of EU regulators have lost conviction — and/or fallen prey to risk aversion — in the face of platform power moves. (To wit: There are whispers the Commission is preparing to wave through Google’s acquisition of Fitbit, on paper-thin promises from Google, despite major concerns raised about privacy and increased data consolidation — which, if true, would again mean the Commission ignoring its own recent history of naively swallowing other similar tech giant claims.)

“My feeling is, what has happened in the Microsoft case… there was just somebody in the Commission crazy enough to say this is what the decision is and you have to do it… And maybe it just takes those kind of guts. That’s then maybe a political question. Is Vestager willing to really pick those battles?” asks Kroll.

“My feeling is if people really understand the situation then they would care but you actually need to do a little bit of explaining that it’s not good to have a dominant player that is in such an important sector like search, and that is basically shutting down the market for everybody else.”

Asked what his message is for the US lawmakers now actively eyeing antitrust concerns around Google — and indeed much of big tech — Kroll says: “I’m a fan of competition and I also admire Google; I think Google is a very clever company but I think there is a point reached where there’s so much concentration of power that it gets dangerous for society… We’ve been suffering quite a lot from all the dominance that Google has in the various sectors. There are just things that Google are doing that are obviously anticompetitive.”

One specific thing he suggests regulators take a close look at is how much money Google pays Apple to be the default search option on Safari. “It’s paying more money than it can actually afford to win the Safari search volume — that I think is very anticompetitive,” he argues. “They already own two-thirds of the market and they basically buy whatever’s left over so that they can just cement their dominance.

“The regulators should have a very close look at that and disallow Google to participate in any of those bids for default positions in other browsers in the future. I think that would even be beneficial for browsers because in the long term there would finally be competition for those spots again. Currently Google’s just winning them because they’re running out of options and there are not many other search providers left to choose from.”

He also argues they need to make Google repair “some of the damage they’ve done” — i.e. as a result of unfairly gaining marketshare — by enforcing what he calls “a really fair choice screen”; non-paid and based on relevance for users. And by doing so on Android and Chrome devices. 

“I think until a year ago if you visited Google.com with your Safari browser or Firefox browser then Google would recommend to install Chrome. And for me that’s a clear abuse of one dominant position to support another part of your company,” he argues. “Google needs to repair that and that needs to happen very quickly — because otherwise other companies might [go out of business].”

“We’re still doing okay but we have been hit heavily by corona and we have a huge loss in revenue. Other companies might be hit even worse, I don’t know. And we don’t have the same deep pockets that the big players have. So other companies might disappear if nothing’s done soon,” he adds. 

We reached out to Google and the European Commission for comment.

A Google spokesperson pointed us to its FAQ about the auction. In further remarks which they specified could not be directly quoted they claimed an auction is a fair and objective method of determining how to fill available slots, adding that the revenue generated via the auction helps Google continue to invest in developing and maintaining Android.

While a spokeswoman for the Commission told us it has been “discussing” the choice screen mechanism with Google, following what she described as “relevant feedback from the market, in particular in relation to the presentation and mechanics of the choice screen and to the selection mechanism of rival search providers”.

The spokeswoman also reiterated earlier comments, that the Commission is continuing to monitor Google’s choice screen implementation and is “committed to a full and effective implementation of the decision”.

However a source familiar with the matter said EU lawmakers view paid premium placement for a few cents as far superior to what Google was offering rivals before — i.e. no visibility at all — and thus take the view that that something is better than nothing.



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Google’s “no choice” screen on Android isn’t working, says Ecosia — querying the EU’s approach to antitrust enforcement

Google alternative Ecosia is on a mission to turn search clicks into trees. The Berlin based not-for-profit reached a major milestone earlier this month, having used ad revenue generated by users of its privacy-sensitive search engine to plant more than 100 million trees across 25 countries worldwide — targeted at biodiversity hotspots.

However these good feels have been hit hard by the coronavirus pandemic. Ecosia has seen its monthly revenues slashed by half since COVID-19 arrived in Europe, with turnover falling from €2.6M in February to just €1.4M in June. It’s worried that its promise of planting a tree every 0.8 seconds is at risk.

It has also suffered a knock to regional visibility as a result of boycotting an auction process that Android OS maker Google has been running throughout this year, as a response to a 2018 Commission antitrust decision that found the tech giant had violated EU competition rules in how it operates the smartphone platform — including via conditions placed on phone makers to pre-load its own services (like Google search) as device defaults.

An auction process now determines which rival search engines appear on a search ‘choice screen’ Google began showing to Android users in Europe in the wake of the Commission decision. Currently, Google offers three paid slots via the auction to non-Google search engines. Android users setting up a new device always see Google’s own search engine as one of the four total options.

The tech giant’s rivals have consistently argued this ‘pay to play’ model is no remedy for its anti-competitive behavior with Android, the world’s dominant smartphone OS. Although most (including DuckDuckGo) felt forced to participate in its auction process from the get-go. Forgoing the most prominent route to the Android search market isn’t exactly a luxury most businesses could afford.

Ecosia, a not-for-profit, was the last major hold out. But now it says it’s been forced to end its boycott in a bid to remain competitive in the region. This means it will participate in the next auction round for the Android choice screen — scheduled for the beginning of Q4. If it wins any per country slots it will appear as a search choice option to those Android users in future, though likely not til next year given the length of the auction process.

It remains highly critical of Google’s pay-to-play model, arguing it’s no remedy for the antitrust violations identified by the Commission. It also laments that EU lawmakers are taking a ‘wait and see’ approach to determining whether Google’s ‘remedy’ is actually restoring competition, given all the evidence to the contrary.

“The main reason why we boycotted the auction is because we think it’s highly unfair and anticompetitive,” says Ecosia CEO Christian Kroll, speaking to TechCrunch via video chat. “Not only do we think that fair competition shouldn’t be sold off in an auction but also the way the auction is designed basically makes sure that only the least interesting options can win.

“Since we have a business model where we use most of our revenues to plant trees we basically can’t really win in an auction model. If you’re already a search engine that’s quite well known… then you have a lot of cannibalization effects through this screen. So we’re basically paying for traffic that we would get for free anyway… So it’s just super unfair and anticompetitive.”

Kroll expresses emphatic surprise that the Commission didn’t immediately reject Google’s auction model for the choice screen — saying it seems as if they’ve learned nothing from the EU’s earlier intervention against Microsoft’s tying of its Internet Explorer browser with its dominant desktop OS, Windows. (In that case the saga ended after Microsoft agreed to implement a ballot screen offering a choice of up to 12 browsers, which paved the road for Google to later gain share with its own Chrome browser.)

For a brief initial period last year Google did offer a fee-less choice screen in Europe, pushing this out to existing Android devices — with search rivals selected based on their market popularity per country (which, in some markets, included Ecosia).

However the tech giant said then that it would be “evolving” its implementation over time. And a few months later an auction model was announced as incoming for new Android devices — with that ‘pay-to-play’ approach kicking off at the start of this year.

Search rivals including DuckDuckGo and Qwant immediately cried foul. Yet the response from the Commission has been to kick the can — with regulators offering platitudes that said they would “closely monitor”. They also claimed to be “committed to a full and effective implementation of the decision”.

However the missing adjective in that statement is ‘fast’. Google rivals would argue that for a remedy to be effective it needs to happen really fast, like now — or, for some of them, the risk really is going out of business. After all, the Commission’s Android antitrust decision (which, yes, Google is appealing) already dates back two full years

“I find it very surprising that the European Commission hasn’t rejected [Google’s auction model] from the start because some of the key principles from what made the choice screen successful in the Microsoft case have just been completely disregarded and been turned around by Google to turn the whole concept of a choice screen to their advantage,” says Kroll. “We’re not even calling it the ‘choice screen’ internally, we just call it the ‘auction screen’. And since we’re now stopping to boycott we call it the ‘no choice screen’.”

“It’s Google’s way to give the impression that there’s free choice but there is no free choice,” he adds. “If Google’s objective here would be to create choice for the user then they would present the most interesting options, which are the search engines with the highest marketshares — so definitely us, DuckDuckGo and maybe some other players as well. But that’s not what they’re trying to do.”

Kroll points out that another German search rival to Google, Cliqz, had to pull the plug on its anti-tracking alternative at the start of this year — meaning there’s now one less homegrown anti-tracking rival to Google in play. And while Ecosia feels it has no choice but to participate in Google’s auction game Kroll says it also can’t know whether or not participating will result in Ecosia overpaying Google for leads that then mean it generates less revenue and can’t plant as many trees… Or, well, any trees if the worst were to happen.

(NB: Kroll was speaking to TechCrunch ahead of signing an NDA that Google requires participants of the auction to sign which puts a legal limit on what they can say about the process once they’re involved — which, in turn, is a problematic element that another European search rival, Qwant, has also complained is unfair… )

“We don’t have any choice left, other than to participate,” adds Kroll. “Because we want to have access to the Android platform. So basically Google has successfully bullied everyone to play to its own rules — and it’s a game where Google is not only the referee but also they get a free ticket and they are also players…

“Somehow Google magically convinced the public but I think also the European Commission that they need to generate revenue in an auction because they have so many costs through the Android development and so on. It is of course true that they have costs… but they are also generating massive profit through the deals that they then make with the device makers and those profits are not at all shared.”

Kroll points out that Google shells out a (reported) $12BN per year to be the default search engine in Safari on Apple’s iOS platform — even as it pays nothing to get in front of the vast majority of mobile searchers’ eyeballs via Android (and does the same with Chrome).

“If they would pay the same amount of money for those platform they would soon be bankrupt,” he argues. “So they are getting all this for free and they are also getting other benefits for free — like having the Play Store preinstalled, like having Google Maps preinstalled, YouTube preinstalled and so on — which are all revenue sources. But they’re not sharing any of those revenue. They just try to outsource all of the costs that they have to their competitors, which is I think very unfair.”

While Alphabet, Google’s parent entity, doesn’t break out Google Play revenue specifically from within a generic “advertising” bucket when it reports its financials, data from SensorTower for the first half of 2020 suggests it generated $17.3BN in Play Store revenue alone over this six-month period, up 21% year-over-year. And Play is just one of the moneyspinners Google derives via ‘free’ Android.

Since the Commission’s antitrust 2018 decision against Android Kroll argues that nothing has changed for search competitors like Ecosia which are trying to offer consumers a more interesting value exchange for their clicks.

“What Google is doing very successfully is they’re just playing on time,” he suggests. “Our competitor, Cliqz, already went bankrupt because of that. So the strategy seems to work really well for Google. And we also can’t afford to lose access to those platforms… I really hope that the European Commission will actually do something about this because it has been done successfully in the Microsoft case and we just need exactly the same.”

Kroll also flags DuckDuckGo’s design suggestions for “a fair choice screen” — which we covered here last year but which Google (and the Commission) have so far simply ignored.

He suspects regulators are waiting to see how the market looks in another year or more. But of course by then it may be too late to save more alternative search engines from a Cliqz-style demise, thereby further strengthening Google’s position. Which would obviously be the opposite of an antitrust remedy.

Commissioner Margrethe Vestager already conceded last year that another of her interventions against the tech giant — the Google AdSense antitrust case — is an example of “enforcement that hasn’t succeeded because it has failed to restore competition”. So if she’s not careful her record on failed remedies could dent her high profile reputation for being an antitrust chief who’s at least willing to take on tech giants. Where competition is concerned, it must be all about outcomes — or what are you even doing as claimed law ‘enforcers’?

“I always fear that the point might come when big corporates are more powerful than our public institutions and I’m wondering if this point isn’t already reached,” adds Kroll, positing that it’s not clear whether the EU — as an economic and political project now facing plenty of its own issues — will have enough resilience to be able to enforce its own competition law in the near future. So really his key point is: If not now, when? (Or, well, how?)

It’s certainly true that there’s a growing disconnect between what the Commission is saying around competition policy and digital markets — where it’s alive to the critique that regulatory interventions need to be able to move much faster if they’re to prevent monopoly power irreversibly tipping these markets (it’s currently consulting on whether to give itself greater powers of intervention) — and its hands-off approach to how to remedy market failure. tl;dr there’s no effective enforcement without effective remedies. So dropping the ball after the fact of a decision really defeats the whole operation.

Vestager clearly recognizes there’s a problem in the digital context — telling the EU parliament last year: “We have to consider remedies that are much more far reaching”. (Albeit, still not committing to having much more far reaching remedies.) Yet in parallel she preaches ‘wait and see’ as her overarching philosophy — a policy ‘push-pull’ which seems to be preventing the unit from even entertaining taking on a more agile, active and iterative role in supporting markets towards actual restoration of competition. At least not before a lengthy consultation exercise which further kicks the can,

If EU lawmakers can’t learn the lessons from their own relatively recent digital antitrust history (Microsoft tying IE to Windows) to effectively enforce what is a pretty straightforwardly similar antitrust case (Google tying search & its other services to Android), you have to question why they think they need new antitrust tools to properly tackle digital monopolies now. Given they don’t seem able to effectively wield the tools they’ve already got.

It does rather look increasingly like the current crop of EU regulators have lost conviction — and/or fallen prey to risk aversion — in the face of platform power moves. (To wit: There are whispers the Commission is preparing to wave through Google’s acquisition of Fitbit, on paper-thin promises from Google, despite major concerns raised about privacy and increased data consolidation — which, if true, would again mean the Commission ignoring its own recent history of naively swallowing other similar tech giant claims.)

“My feeling is, what has happened in the Microsoft case… there was just somebody in the Commission crazy enough to say this is what the decision is and you have to do it… And maybe it just takes those kind of guts. That’s then maybe a political question. Is Vestager willing to really pick those battles?” asks Kroll.

“My feeling is if people really understand the situation then they would care but you actually need to do a little bit of explaining that it’s not good to have a dominant player that is in such an important sector like search, and that is basically shutting down the market for everybody else.”

Asked what his message is for the US lawmakers now actively eyeing antitrust concerns around Google — and indeed much of big tech — Kroll says: “I’m a fan of competition and I also admire Google; I think Google is a very clever company but I think there is a point reached where there’s so much concentration of power that it gets dangerous for society… We’ve been suffering quite a lot from all the dominance that Google has in the various sectors. There are just things that Google are doing that are obviously anticompetitive.”

One specific thing he suggests regulators take a close look at is how much money Google pays Apple to be the default search option on Safari. “It’s paying more money than it can actually afford to win the Safari search volume — that I think is very anticompetitive,” he argues. “They already own two-thirds of the market and they basically buy whatever’s left over so that they can just cement their dominance.

“The regulators should have a very close look at that and disallow Google to participate in any of those bids for default positions in other browsers in the future. I think that would even be beneficial for browsers because in the long term there would finally be competition for those spots again. Currently Google’s just winning them because they’re running out of options and there are not many other search providers left to choose from.”

He also argues they need to make Google repair “some of the damage they’ve done” — i.e. as a result of unfairly gaining marketshare — by enforcing what he calls “a really fair choice screen”; non-paid and based on relevance for users. And by doing so on Android and Chrome devices. 

“I think until a year ago if you visited Google.com with your Safari browser or Firefox browser then Google would recommend to install Chrome. And for me that’s a clear abuse of one dominant position to support another part of your company,” he argues. “Google needs to repair that and that needs to happen very quickly — because otherwise other companies might [go out of business].”

“We’re still doing okay but we have been hit heavily by corona and we have a huge loss in revenue. Other companies might be hit even worse, I don’t know. And we don’t have the same deep pockets that the big players have. So other companies might disappear if nothing’s done soon,” he adds. 

We reached out to Google and the European Commission for comment.

A Google spokesperson pointed us to its FAQ about the auction. In further remarks which they specified could not be directly quoted they claimed an auction is a fair and objective method of determining how to fill available slots, adding that the revenue generated via the auction helps Google continue to invest in developing and maintaining Android.

While a spokeswoman for the Commission told us it has been “discussing” the choice screen mechanism with Google, following what she described as “relevant feedback from the market, in particular in relation to the presentation and mechanics of the choice screen and to the selection mechanism of rival search providers”.

The spokeswoman also reiterated earlier comments, that the Commission is continuing to monitor Google’s choice screen implementation and is “committed to a full and effective implementation of the decision”.

However a source familiar with the matter said EU lawmakers view paid premium placement for a few cents as far superior to what Google was offering rivals before — i.e. no visibility at all — and thus take the view that that something is better than nothing.



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Wednesday, 29 July 2020

Neo’s Ali Partovi on best practices for hiring early-stage startup engineers

On day one of TechCrunch’s Early Stage virtual conference, Ali Partovi joined us to discuss best practices for startups looking to hire engineers.

It’s a subject that’s near and dear to his heart: Partovi is co-founder and CEO of Neo, a venture aimed at including young engineers in a community alongside seasoned industry vets. The fund includes top executives from a slew of different industry titans, including Amazon, Airbnb, Dropbox, Facebook, Google, Microsoft and Stripe.

Partovi is probably best known in the Valley for co-founding Code.org with twin brother, Hadi. The nonprofit launched in 2013 with a high-profile video featuring Mark Zuckerberg, Bill Gates and Jack Dorsey, along with a mission to make coding education more accessible to the masses.

It was a two-summer internship at Microsoft while studying at Harvard that gave Partovi an entrée into the world of tech. And while it was clearly a formative experience for the college student, he advises against prospective startup founders looking to large corporations as career launch pads.

“I spend a lot of time mentoring college students, that’s a big part of what I do at Neo,” Partovi said.

“And for anyone who wants to be a founder of a company, there’s a spectrum, from giant companies like Microsoft or Google to early-stage startups. And I would say, find the smallest point on that spectrum that you’re comfortable with, and start your career there. Maybe that’s a 100-person company or maybe for you, it’s a 500-person company. But if you start at Microsoft, it’ll be a long time before you feel comfortable doing your own startup. The skills you gain at a giant company are very valuable for getting promoted and succeeding in giant companies. They’re not often as translatable to being your own founder.”



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Imint is the Swedish firm that gives Chinese smartphones an edge in video production

If your phone takes amazing photos, chances are its camera has been augmented by artificial intelligence embedded in the operating system. Now videos are getting the same treatment.

In recent years, smartphone makers have been gradually transforming their cameras into devices that capture data for AI processing beyond what the lens and sensor pick up in a single shot. That effectively turns a smartphone into a professional camera on auto mode and lowers the bar of capturing compelling images and videos.

In an era of TikTok and vlogging, there’s a huge demand to easily produce professional-looking videos on the go. Like still images, videos shot on smartphones rely not just on the lens and sensor but also on enhancement algorithms. To some extent, those lines of codes are more critical than the hardware, argued Andreas Lifvendahl, founder and chief executive of Swedish company Imint, whose software now enhances video production in roughly 250 million devices — most of which come from Chinese manufacturers.

“[Smartphone makers] source different kinds of camera solutions — motion sensors, gyroscopes, and so on. But the real differentiator, I would say, is more on the software side,” Lifvendahl told TechCrunch over the phone.

Smart video recording

Imint started life in 2007 as a spin-off academic research team from Uppsala University in Sweden. It spent the first few years building software for aerial surveillance, just as many cutting-edge innovations that find their first clients in the defense market. In 2013, Lifvendahl saw the coming of widespread smartphone adaptation and a huge opportunity to bring the same technology used in defense drones into the handsets in people’s pockets.

“Smartphone companies were investing a lot in camera technology and that was a clever move,” he recalled. “It was very hard to find features with a direct relationship to consumers in daily use, and the camera was one of those because people wanted to document their life.”

“But they were missing the point by focusing on megapixels and still images. Consumers wanted to express themselves in a nice fashion of using videos,” the founder added.

Source: Imint’s video enhancement software, Vidhance

The next February, the Swedish founder attended Mobile World Congress in Barcelona to gauge vendor interest. Many exhibitors were, unsurprisingly, Chinese phone makers scouring the conference for partners. They were immediately intrigued by Imint’s solution, and Lifvendahl returned home to set about tweaking his software for smartphones.

“I’ve never met this sort of open attitude to have a look so quickly, a clear signal that something is happening here with smartphones and cameras, and especially videos,” Lifvendahl said.

Vidhance, Imint’s enhancement software suite mainly for Android, was soon released. These days, it can enhance precision, reduce motion, track moving objects, auto-correct horizon, reduce noise, and strengthen other aspects of a video in real-time — all through deep learning.

In search of growth capital, the founder took the startup public on the Stockholm Stock Exchange at the end of 2015. The next year, Imint landed its first major account with Huawei, the Chinese telecoms equipment giant that was playing aggressive catch-up on smartphones at the time.

“It was a turning point for us because once we could work with Huawei, all the other guys thought, ‘Okay, these guys know what they are doing,'” the founder recalled. “And from there, we just grew and grew.”

Working with Chinese clients

The hyper-competitive nature of Chinese phone makers means they are easily sold on new technology that can help them stand out. The flipside is the intensity that comes with competition. The Chinese tech industry is both well-respected — and notorious — for its fast pace. Slow movers can be crushed in a matter of a few months.

“In some aspects, it’s very U.S.-like. It’s very straight to the point and very opportunistic,” Lifvendahl reflected on his experience with Chinese clients. “You can get an offer even in the first or second meeting, like, ‘Okay, this is interesting, if you can show that this works in our next product launch, which is due in three months. Would you set up a contract now?'”

“That’s a good side,” he continued. “The drawback for a Swedish company is the demand they have on suppliers. They want us to go on-site and offer support, and that’s hard for a small Swedish company. So we need to be really efficient, making good tools and have good support systems.”

The fast pace also permeates into the phone makers’ development cycle, which is not always good for innovation, suggested Lifvendahl. They are reacting to market trends, not thinking ahead of the curve — what Apple excels in — or conducting adequate market research.

Despite all the scrambling inside, Lifvendahl said he was surprised that Chinese manufacturers could “get such high-quality phones out.”

“They can launch one flagship, maybe take a weekend break, and then next Monday they are rushing for the next project, which is going to be released in three months. So there’s really no time to plan or prepare. You just dive into a project, so there would be a lot of loose ends that need to be tied up in four or five weeks. You are trying to tie hundreds of different pieces together with fifty different suppliers.”

High-end niche

Imint is one of those companies that thrive by finding a tough-to-crack niche. Competition certainly exists, often coming from large Japanese and Chinese companies. But there’s always a market for a smaller player who focuses on one thing and does it very well. The founder compares his company to a “little niche boutique in the corner, the hi-fi store with expensive speakers.” His competitors, on the other hand, are the Walmarts with thick catalogs of imaging software.

About three-quarters of Imint’s revenues come from licensing its proprietary software that does these tricks. Some clients pay royalties on the number of devices shipped that use Vidhance, while others opt for a flat annual fee. The rest of the income comes from licensing its development tools or SDK, and maintenance fees.

With a staff of around 40, Imint now supplies its software to 20 clients around the world, including the Chinese big-four of Huawei, Xiaomi, Oppo and Vivo as well as chip giants like Qualcomm and Mediatek. ByteDance also has a deal to bake Imint’s software into Smartisan, which sold its core technology to the TikTok parent last year. Imint is beginning to look beyond handsets into other devices that can benefit from high-quality footage, from action cameras, consumer drones, through to body cameras for law enforcement.

So far, the Swedish company has been immune from the U.S.-China trade tensions, but Lifvendahl worried as the two superpowers move towards technological self-reliance, outsiders like itself will have a harder time entering the two respective markets.

“We are in a small, neutral country but also are a small company, so we’re not a strategic threat to anyone. We come in and help solve a puzzle,” assured the founder.



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