Posts tagged ‘New Zealand’


Google’s advertising business is a negligence lawsuit waiting to be actioned

09.12.2022

Apparently the New Zealand government says Big Tech will pay a ‘fair price’ for local news content under new legislation.

Forget the newcomers like Stuff and The New Zealand Herald. The Fairfax Press, as the former was, was still running ‘The internet is scary’ stories at the turn of the century. What will Big Tech pay my firm? Any back pay? We have been in this game a long, long time. A lot longer than the newbies.

And what is the definition of ‘sharing’?

Because Google could be in for a lot.

Think about it this way: Google’s ad unit has enabled a lot of fake sites, scraped sites, spun sites, malware hosts, and the like, since anyone can sign up to be a publisher and start hosting their ads.

While Google will argue that they have nothing to do with the illegitimate usage of their services, some might look at it very differently.

Take the tort of negligence. To me this is classic Donahue v. Stevenson [1932] AC 562 territory and as we’re at 90 years since Lord Atkins’ judgement, it offers us some useful pointers.

Lord Atkin stated, ‘You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law is my neighbour? The answer seems to be—persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.’

If you open up advertising to all actors (Google News also opens itself up to splogs), then is it foreseeable that unethical parties and bad faith actors will sign up? Yes. Is it foreseeable that they will host content illegally? Yes. Will this cause harm to the original copyright owner? Yes.

We also know a lot of these pirate sites are finding their content through Google News. Some have even told me so, since I tend to start with a softly, softly approach and send a polite request to a pirate.

I’d say a case in negligence is already shaping up.

If Google didn’t open up its advertising to all and sundry, then there would have been far fewer negative consequences—let’s not even get into surveillance, which is also a direct consequence of their policy and conduct.

Do companies that are online owe a duty of care to internet users? I’d say this is reasonable. I imagine some smaller firms might find it more difficult to get rid of a hacker, but overall, this seems reasonable.

Was this duty of care breached? Was there causation? By not vetting people signing up to the advertising programme, then yes. Pre-Google, ad networks were very careful, and I had the impression websites were approved on a case-by-case, manually reviewed basis. The mess the web is in, with people gaming search engines, with fake news sites (which really started as a way of making money), with advertising making pennies instead of dollars and scam artists all over the show, can all be traced to Google helping them monetize this conduct. There’s your obiter dicta right there. (Thanks to Amanda for remembering that term after all these years.)

Google hasn’t taken reasonable care, by design. And it’s done this for decades. And damages must be in the milliards to all legitimate publishers out there who have lost traffic to these unethical websites, who have seen advertising revenue plummet because of how Google has depressed the prices and how it feeds advertising to cheap websites that have cost their owners virtually nothing to run.

Make of this what you will. Now that governments are waking up after almost two decades, maybe Big Tech is only agreeing because it fears the rest of us will figure out that they owe way, way more than the pittance they’ll pay out under these legislative schemes?

Anyone with enough legal nous to give this a bash on behalf of the millions of legitimate publishers, past and present, directly harmed by Google and other Big Tech companies’ actions?

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Posted in business, internet, media, New Zealand, publishing, technology, USA | No Comments »


Tesla to a typeface designer, and a big missed target

03.12.2022

Now that the quartet has been launched, it’s evident that Tesla’s naming strategy is all wrong. This is what they should be called.
 

 
On a related note:
 

 

Since I haven’t seen the March 15 video now circulating on OnlyKlans, I mean, Twitter, I can’t use the DIA reporting form. But those who have, should.

If it were a New Zealand website doing the distribution, a warning would have been issued at the least; and I bet it would have been blocked by now. The person running the site would probably have been charged. Basically what our government is signalling is that a foreign fascist sympathizer has greater freedoms than the rest of us. And what the opposition parties are signalling is that that’s OK, too, because here’s a real thing that they can sink their teeth into, but they prefer to gaslight over other stuff.

The Christchurch Call website has not been updated since September.

Anyone in politics who actually has some bollocks?

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Posted in cars, internet, New Zealand, politics, technology, typography | No Comments »


Stop worshipping people based on wealth

28.11.2022


 
Salon is on to something.

I know from first-hand experience that those who hold political office are not always the smartest. When you run against others for the same job, it doesn’t take long to spot the less intelligent, some buoyed by privilege, others by an unshakeable belief in their invincibility.

Its headline: ‘Is America’s infatuation with billionaires finally coming to an end?’

Amanda Marcotte begins, ‘It has long been evident that Elon Musk is a moron, at least to those willing to see it. Well before the Tesla CEO overpaid for Twitter in the throes of a tantrum, there was a chorus of mostly-ignored people pointing out, repeatedly, that Musk’s mental maturity appeared to have stagnated around the sixth grade.’

After citing a handful of cases where Musk fell short, ‘The business and tech press would be startled at his dumb behavior, but within 48 to 72 hours, it was all forgotten and Musk went back to being covered as if he were a genius, if perhaps an eccentric one.’

I only personally know one milliardaire and he was a cut above the rest of us in brains.

But Marcotte notes that Musk, D. J. Trump, Elizabeth Holmes and Sam Bankman-Fried are hardly geniuses, and takes aim at Steve Jobs and Bill Gates, too.

If we can get this into our heads, we might stop a similar worship in this country. Just when did this start? Thatcherism? Rogernomics? Just because someone has made a few bob doesn’t make them a political messiah or great leader—so stop being their fans and start choosing people to support based on merit.

Here in Aotearoa we appear to have two main parties bereft of ideas, with the opposition so desperate it wishes to import the culture wars from the US while gaslighting whenever possible. Neither is particularly palatable to me, and thanks to MMP, I’m going to be quite happy to look at the next tier, as I have done for more General Elections than not. Greens? TOP? Not ACT.
 
When I think about some rich guys I’ve had run-ins with—including one I had to sue at the start of my career (and beat)—there’s one thing that ties them together. They have to be slaves to the system, the establishment. They have to play by its rules in order to retain their directorships and social standing. They have to walk the tightrope of convention. They have to conform. Ironically, the more to the right of politics you go here (and the more individual freedom is preached), the more conformity there appears to be. Conformity is valued over merit or honour. This explains Sam Uffindell.

How bloody boring is that? I’m so deeply grateful, particularly to my family, for giving me the chance to be my own person and walk the freer path that I create. My grandmother, mother and father all happy to support my interests as an infant and letting me draw all over newspapers and magazines. My mother for encouraging me to follow my interests in design. My father for literally working behind the scenes for decades to help build my businesses. Conformity is for suckers. Innovation and societal advancement never came from conformity, and societies are better for it.

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Posted in culture, India, interests, marketing, New Zealand, politics | No Comments »


November 2022 gallery

03.11.2022

Here are November 2022’s images—aides-mémoires, photos of interest, and miscellaneous items. I append to this gallery through the month.
 

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Posted in cars, culture, France, gallery, humour, interests, internet, marketing, New Zealand, politics, publishing, TV, typography, UK, USA | No Comments »


Engaging your team: an excellent video tutorial from Insight Creative

02.11.2022

This is particularly good stuff, especially in these times when companies want to hang on to their employees and foster a better internal culture. Insight Creative’s Staff Engagement Masterclass video tutorial has some excellent advice, in line with a lot of what I’ve preached over the years. Their model is excellent and really breaks down the process with some practical advice on how to communicate with your team. Check out the introduction video from CEO Steven Giannoulis below (one of the very few Rongotai College old boys I’m in touch with these days!) and click through on the link for the full tutorial (sign-up required).
 

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Posted in branding, business, culture, leadership, New Zealand | No Comments »


Twitter pushes the near future to look more bipolar than multipolar

01.11.2022

Dave Troy’s analysis of the Elon Musk takeover of Twitter makes for interesting reading, since Troy has actually spoken to Twitter co-founder Jack Dorsey and has a bit more of the inside track than most.

For starters, Troy reminds us that Dorsey trusts Musk, in order to keep Twitter away from Wall Street investors. Dorsey has said this publicly in a Tweet. He believes this acquisition is about ideology, so Musk doesn’t care if Twitter doesn’t make money—or at least, money will come if the technology is opened up and they can charge for other things built on top of it. Getting data on all of us helps Musk in a big way, too.

Troy posits that Musk believes we need to be on other planets, so we shouldn’t help the poor in our quest to get off this rock; but another interesting one is that he believes in a multipolar world order, something Vladimir Putin has talked about. Musk believes in rule by technocracy, Troy theorizes, not by politics. He also believes Musk is a sociopath.

All this is quite fascinating to read. Taking Troy’s words on Putin, Musk and Dorsey sharing the same vision:

All seem to think a “multipolar world” is a good thing, because after all, shouldn’t Russia get to do its thing and not be bothered by anyone else? That’s “free speech” and opposes “cancel culture,” right? So yeah, that’s aligned with Putin. But Putin himself doesn’t support free speech; his government censors wildly, but it does support speech that breaks the hegemony of the Western elites. As do Musk and friends. This is internally inconsistent.

Because of these shared values, Troy foresees Musk teaming up with D. J. Trump at Truth Social and Kanye West at Parler to control the information space.

It points to a pretty dark outcome and a polarizing world, but one which has been brewing for a long time.

We could talk about the failure of neoliberal economics and, therefore, the western hegemony. With all the figure-massaging by China when it reports its GDP, there’s still no denying that the country has risen vastly in mere decades. And Putin has said as much about wanting to fight back against western hegemony.

It’s incredibly easy to fall back on “them and us” as a concept. Dictators might find it easier to make their positions official (even if there is internal dissent that is driven underground), while the west can broadly talk about diversity while not truly breaking ranks with the neoliberal order. Our Blairite government here is positioned as such while having a social veneer (and a modicum of restraint) based on history and market positioning, while the Opposition will make things that much harder and is more blatant at wanting to do so.

I would have once said China had the potential to be an outlier, raising its educational standards and embracing Confucianism, which has its foundations in free thought and liberalism, balanced with preserving a relationship between state and subject. Perhaps with Hu and Wen things could have gone that way. Under Xi Jinping the aims have changed, and at least one China-watcher I know (who knew Xi’s father and knew of Xi from 1982) tell me that they foresaw this.

I’m not going to make any bold predictions myself, but the world looks like a place that won’t become multipolar but bipolar, and Twitter is one tool that is going to accelerate this trend—building on top of what Facebook and Google have already done by forcing users into silos. Meanwhile, Baidu et al will no doubt reflect the official positions of their governments.

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Lucire at 25: how things have changed

21.10.2022

The below was originally posted in Lucire. We have made it to 25 years of age there, and rather than reinvent the wheel, this little piece—as well as the one I uploaded yesterday hours after we turned exactly 25—reflect how I feel upon reaching this milestone.
 

Olivia Macklin, photographed by Josh Fogel, make-up by Beth Follert, hair by Erika Vanessa using T3 Micro, styled by Karlee Parrish, and photography assisted by Nick Sutjongdro. Click through to see full credits.
 
Today we decided to upload a story about Olivia Macklin—the actress who you’ll have seen in Netflix’s Pretty Smart last year and, before that, the US remake of Kiwi series Filthy Rich—in part because it’s so unlike what happened on day one of Lucire 25 years ago.

Here is a wonderful story about a well connected, theatre-trained Hollywood actress, shot beautifully in the US by an outstanding team there, with me doing the writing and interviewing.

The story has already run in our print editions.

The fact we even have print editions is something remarkable to me, and if I hadn’t made the decision to do so in the early 2000s, spurred on by a mixture of desire and naïveté, I couldn’t even type that previous paragraph.

The fact we have a group of generous and talented colleagues around the world is also not lost on me. I know I am very fortunate to have them around me.

While it’s not the first time that Lucire has been published in something other than English, I take some pride in seeing our story in French, a language I have learned since I was six. That, too, is vastly different to where we were in 1997.

Twenty-five years ago, I keenly watched the statistics as visitors came to see a website I had built with my own code, using what were then pretty clever techniques to ape the feel of a glossy printed fashion magazine. But I didn’t have any new stories lined up because my enquiries to designers weren’t getting any replies.

Nowadays, I have a sense of the stories to come as we plan quite a few numbers ahead.

I enjoy balancing the needs of print and web around the world and know I am blessed to be able to do something I love.

I’m grateful to all those who have worked on Lucire and stayed on the side of good, building up a magazine brand which, I hope, stands for something positive in this world. You know who you are.

I’ve spent half my lifetime building it up so far, and know it could be even greater.

I’m no Mystic Meg so I don’t know what’s to come, nor would I want to hazard a guess. But where we are now was not something I could have even guessed in 1997. Given such a big leap forward to 2022, I won’t even attempt to contemplate 2047 just yet. I simply remain hopeful.

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Posted in business, culture, globalization, internet, media, New Zealand, publishing, technology, USA, Wellington | No Comments »


We should challenge monopolists, not do business with them at the exclusion of ethical parties

17.10.2022

Search engine Mojeek is doing no wrong in my book. Here’s its CEO Colin Hayhurst being interviewed by The New Era’s Jeffrey Peel, making complete sense, which is not something I can say about anyone speaking for Big Tech. We should be shunning monopolists if we truly value progress and innovation, or even a proper, factual debate. We even have laws about it that few seem to wish to enforce when it comes to Big Tech players. It’s well worth a watch.
 
I was disappointed to see that the Warehouse, our big retailer, specifically blocks Mojeek from searching its site. Google is fine. Explanations vary—but they include the theory that the Warehouse wants to get data from its users and Google can provide them.

I’ve written to the Warehouse as an account holder and received no reply. I decided to take it higher, to its chief digital officer, on October 3. As far as I know this email has been delivered, but there’s always a possibility I have her address wrong. Regardless, I am yet to hear back on any front, including social media where I had asked the Warehouse why they would wish to block a legitimate and far more ethical search engine. What does it say about your company when you choose to do business with someone as questionable as Google, yet you go out of your way to block a fully ethical and privacy-respecting business?

Dear Sarah:
 
I contacted the Warehouse through the customer service channels at the beginning of September and have yet to hear back.

As CDO I think you’re the right person to raise this with, though please refer it to a colleague if you aren’t.

I run Lucire Ltd. and have been a Warehouse account holder for some time. Our own foundations are in the digital space, with my having been a digital publisher since 1989. We’re always mindful that our activities promote a healthy online space, which means we keep a watchful eye on the behaviour of US Big Tech. (For instance, we removed all Facebook gadgets from our sites in 2018, prior to the Cambridge Analytica exposé, as we became increasingly concerned of the tracking exposure our readers were getting.)

Our internal search is now run by Mojeek, a UK-based search engine that has the largest index in the west outside of Google. It is also my default, having lost faith in Duck Duck Go after 12 years.

Other than the Warehouse’s home page, none of the contents of your company’s site appear in Mojeek. When I raised this with them, they tell me that Mojeek is very specifically blocked by the Warehouse. Neither they nor I can see any good reason a legitimate, independent search engine would be blocked.

I am told that inside your code is:
 
User-agent: MojeekBot
Disallow: /

 

As concerns over privacy grow, it seems a disservice that it’s blocked.

When I put this to other techs, they theorize that the Warehouse wants to track people via whatever data Google provides. I find this hard to believe. To what end? The amount of information that comes surely can’t outweigh overall accessibility to the website for those of us who have concerns over Google’s monopolistic behaviour and privacy intrusions.

Even if tracking were the reason, I would have thought there would be no great loss allowing a tiny percentage of people to come in via a Mojeek search result and browse the site—including customers like me who had the intent to see what you had in stock with a view to purchasing the item.

I genuinely hope this is something that will be looked into and that a New Zealand company I admire (one which is connected to me through a round-about way—I was educated by relatives of the Tindalls) isn’t party to upholding the Google monopoly.

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Type coverage—in 2012

11.10.2022

I’m not sure why I didn’t spot these back in 2012. This was very high praise from Cre8d Design, on ‘What is New Zealand’s iconic font?’ So nice to see JY Décennie in there.

Still on type, the fifth Congreso Internacional de Tipografía in Valencia cites yours truly.

Como consecuencia de todos estos cambios, surgen numerosas cuestiones sobre cómo afrontar el uso y la creación de la tipografía en un nuevo contexto, sometido a constantes transformaciones tecnológicas. Para muchos, los modos tradicionales de concebir la tipografía ya no funcionan en el mundo de la pantalla. Así, para el diseñador Jack Yan, la tecnología está cambiando tan rápidamente que la idea de que la tipografía se crea para imprimir está llegando prácticamente a su fin. Los nuevos dispositivos electrónicos empiezan a demandar tipografías específicas y no sólo meras adaptaciones de las ya existentes. Esto implica igualmente un adiestramiento por parte del usuario final, el lector, que no sólo debe familiarizarse con los nuevos dispositivos sino con los nuevos procedimientos asociados a la lectura dinámica.

This is pretty mainstream thinking now (and I would have thought in 2012, too) but also nice to be credited for saying it—I guess I would have first publicly pushed this idea in Desktop in 1996. But designers like Matthew Carter and Vincent Connare were already there …

Amazing what you can find in a Mojeek ego search, as opposed to a Google one.

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Posted in design, New Zealand, publishing, technology, typography | No Comments »


China in 2022: speak Cantonese, get banned from social media

08.10.2022

If you think some of us were being uppity about New Zealand Chinese Language Week, how’s this for a real-life report?

Speak Cantonese, get banned from a social media platform.

That’s what’s happening in China right now. And I had already mentioned schoolchildren being told off for using their reo.

The Google Translate translation is actually pretty good for a change, if you can’t read Chinese.

And here we are in New Zealand, kowtowing (derived from a Cantonese word, incidentally) to the Chinese Communist Party with its policy.
 

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