Posts tagged ‘USA’


False accusation from Hearst Magazines SL and Harper’s Bazaar España

18.08.2022

Yesterday, I returned to find a DMCA claim filed against us by Harper’s Bazaar España publisher Hearst Magazines SL, falsely accusing us of breaching their copyright with this article. You can read the notice here.

Naturally, I filed a counter-claim because their accusation is baseless.

Our source was PR Newswire, and it’s not uncommon to find stories of interest through that platform. In fact, Armani Beauty was so keen to get this out there on November 3 that we received the release in four languages at 15.28, 15.30, 15.33, 15.36, 15.39, 15.46 and 16.03 UTC.

The quotations and images were supplied by Armani Beauty, which is part of L’Oréal. I’ve worked with people from L’Oréal for over two decades and know their systems well enough, including the money they have for licensing images for press usage.

Lucire has a lot of original articles, but some of our news is release-based, as it is for anyone in our industry.

Our rule is: even when it’s a release, you write it up individually in your own words. You may have something additional to bring to the story. And we aren’t a repository of releases.

The only time we would run a release mostly verbatim is if we issued it, something that might happen once every couple of years.

Naturally, Google has so far done nothing and our story remains absent from their index. Big Tech loves big firms like Hearst.

I’ve tagged Harper’s Bazaar España in social media demanding they front up with their evidence. I’ve also messaged Hearst’s Spanish office with the following.

Ladies and Gentlemen:
 
Yesterday, your firm lobbed a false accusation against us by deceptively claiming your copyright had been breached by one of our articles. I note that you filed this as a DMCA complaint with Google.

We have filed a counter-notice.

We find it appalling that you would claim an original work has breached your copyright.

The imagery and quotations to our articles were sourced from L’Oréal, and we have informed them directly of your deceptive and misleading conduct.

I demand you furnish proof. As you will no doubt fail to, we demand you withdraw the complaint. We reserve the right to pursue our own legal remedies against you.
 
Yours faithfully,
 
Jack Yan
Publisher, Lucire

I basically thought they were being dicks and my friend Oliver Woods chimed in on Twitter about it. Oli’s very insightful and objective, and I respect his opinion.

They are being dicks, but there is a strategy behind it. Petty little minds wanting to look good on Google, not liking someone else ahead of them. (Not that I ever looked to see where our story ranked. I mean, seriously?)

It reminds me of a US designer’s rep who emailed me a while back wanting us to remove an article.

I asked: what’s wrong with it? Did we err in facts? Is it somehow defamatory?

When I probed a bit more deeply, it turned out that they were incensed it came up so highly in a Google image search.

I explained that that wasn’t a good enough reason, especially since the story had been provided to us by a PR firm.

They countered by saying that as they had not heard of us, it was highly unlikely that they would have released us that news.

I thought it was a very strange strategy to accuse someone you wanted a favour from of lying.

I still have the email from their PR firm. Call me Lord of the Files.

I’m not going to reveal the identity of the designer. I asked one of my team to see if he would call me directly instead of having one of his rude staff insult me. He never did call. The image is still there, and I bet they’re seething each time they see it.

It’s not even a bad image. It just doesn’t happen to be hosted by them.

I don’t really know why search engine domination is so important. We all should have a fair crack at it, and let whomever has the most meritorious item on a particular topic come up top.

The American designer, and the Spanish outpost of this American media giant Hearst, are obviously not people who like freedom of the press, freedom of expression, or a meritorious web. American people might like this stuff but a lot of their corporations don’t.

Which is why Google is terrible because it doesn’t allow it. We know through numerous lawsuits it has biases toward its own properties, for a start. I’ve observed them favouring big media brands over independents—even when independents break a news story.

Mojeek is just so, so much better. No agenda. Just search the way it was and should have stayed. That’s the “next Google”, the one that could save the web, that I had asked for in 2010.

Except it shouldn’t be the next Google because we don’t want more surveillance and tribalism.

Fair, unbiased search is where Mojeek excels. I really hope it catches on more. God knows the world needs it.

I think the world needs Lucire, too, the title that Harper’s Bazaar Australia named as part of its ‘A-list of style’. The Aussies are just so much nicer.
 
PS.: Hearst uses a company called Red Points Solution SL to do its supposed copyright infringement detection. Based on this, they must be pretty shit at it. And remember, we don’t even publish in Spanish. Yet.

I see you have falsely accused us of copyright infringement with our article at https://lucire.com/insider/20211103/valentina-sampaio-named-armani-beautys-newest-ambassador/ when we have done nothing of the sort.

We demand that you withdraw your DMCA complaint to Google.
 
https://lumendatabase.org/notices/28469986#
 

Our story’s source is Armani Beauty through PR Newswire, to which we are signed up as a legitimate international media organization. The story is our work, using facts and quotations provided in the release.

PR Newswire provided us with this release on November 3, 2021, at 15.28, 15.30, 15.33, 15.36, 15.39, 15.46 and 16.03.

A counter-notice has been filed.

We require an explanation from you on why you have targeted a legitimate media organization with your deception. Clearly your detection systems are not very good and we would certainly be discouraged from using them.

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


More of Bing’s follies (they just keep coming)

16.08.2022

I see WorldWideWebSize.com has wised up and figured out Bing was having them on about the number of results it had for their search terms.
 

 

When Bing says it has 300-odd results for the site:lucire.com yet doesn’t actually go beyond a limit of around 50 (where it has been stuck for many months), I was actually being generous. I never deducted the repeated results on the pages that it did show.

Here’s a case in point: an ego search for my own name. These are the first four pages. I realize I have the graphics a bit small, but you should be able to make out just how many pages have been repeated here. A regular search engine like Mojeek and Google show you different results on each page. Bing doesn’t.
 




 

More strange happenings: you’ll recall I noted that pages we haven’t linked to since the 2000s were up top in a site search on Bing for lucire.com. The very top one was lp.html, a frameset (yes, it’s that old). I did what I thought would be logical in such a circumstance: I pointed one of the frames to the current 2022 page (which is still regular HTML, but with Bootstrap).

Result in Bing: it’s vanished.

Did the same to news.html, not linked to since 2012.

Vanished.
 

 

The current news page is Wordpress, but Bing still manages to index the occasional Wordpress page on our site. The fact it’s PHP shouldn’t make a difference.

These pages are just too new for Bing, which is really Microsoft’s own Wayback Machine. And Duck Duck Go’s, and Qwant’s, and a whole manner of search engines’.
 
Meanwhile at Brave: it does have an independent spider but admits to using the Bing API for the image search, as does Mojeek. But what Brave doesn’t say is that it also taps in to Bing for site: searches, rendering them largely useless, too. Brave does a far better job than Bing in its regular search though, picking up lucire.com for Lucire as well as some major index pages.
 

On a regular search, Brave does rather well—it’s picked up the top pages.
 


Bing and Brave compared, using site:lucire.com. Brave isn’t as independent as you might think with site: and image searches. These screenshots were taken on Sunday.
 

Still well short of Mojeek in terms of its index—but then so is everyone aside from Google.

The saga continues, with still no one talking about Bing’s collapse (though I know of one journalist working away behind the scenes).

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Posted in branding, business, internet, technology, USA | No Comments »


When the oldest looks the freshest

02.08.2022




 
Here are three Elle covers that I uploaded to last month’s gallery, from 1991, 2007 and 2022. Which looks the most modern?

To me, it’s the 1991 US one. The Futura Light type is calm, it all looks rather balanced, and the photograph is well lit and composed. From memory, it was commended by the Society of Publication Designers in New York but I have to check my old annuals.

Go to 2007 and there’s just too much clutter, and the custom type looks uncomfortable, especially the bolder cut. The 2022 cover sits somewhere in between, but it feels like it’s the dawn of desktop publishing with different sizes and weights, and type inside circles.

Granted, I’m not comparing apples with apples, as the 21st-century covers are for the French market, and the 2022 cover isn’t strictly for Elle but the Elle Corps summer special. Makes you wonder what timelessness is, and if such a thing even exists. Many of the old covers for Lucire that I art-directed were meant to be timeless, too, but how they have dated! Is it about calm, a lack of clutter, and a sensible, restrained use of type? Or does that in fact date things, and we’re just at a moment in time when the 1991 cover’s trends have come round again?

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Posted in design, France, media, publishing, typography, USA | No Comments »


Putting the search engines through their paces

24.07.2022

One more, and I might give the subject a rest. Here I test the search engines for the term Lucire. This paints quite a different picture.

Lucire is an established site, dating from 1997, indexed by all major search engines from the start. The word did not exist online till the site began. It does exist in old Romanian. There is a (not oft-used) Spanish conjugated verb, I believe, spelt the same.

The original site is very well linked online, as you might expect after 25 years. You would normally expect, given its age and the inbound links, to see lucire.com at the top of any index.

There is a Dr Yolande Lucire in Australia whom I know, who I’m used to seeing in the search engine results.

The scores are simply for getting relevant sites to us into the top 10, and no judgement is made about their quality or relevance.
 
Google
lucire.com
twitter.com
lucire.net
instagram.com
wikipedia.org
linkedin.com
facebook.com
pinterest.nz
neighbourly.co.nz
—I hate to say it, as someone who dislikes Google, but all of the top 10 results are relevant. Fair play. Then again, with the milliards it has, and with this as its original product, it should do well. 10/10
 
Mojeek
scopalto.com
lucirerouge.com
lucire.net
lucire.com
mujerhoy.com
portalfeminino.com
paperblog.com
dailymotion.com
eldiablovistedezara.net
hispanaglobal.com
Mojeek might be flavour of the month for me, but these results are disappointing. Scopalto retails Lucire in France, so that’s fair enough, but disappointing to see the original lucire.com site in fourth. Fifth, sixth, seventh, ninth and tenth are irrelevant and relate to the Spanish word lucir. You’d have to get to no. 25 to see Lucire again, for Yola’s website. Then it’s more lucir results till no. 52, the personal website of one of our editors. 5/10
 
Swisscows
lucire.net
wikipedia.org
lucire.com
spanishdict.com
lucire.net
lucire.com
drlucire.com
facebook.com
spanishdict.com
viyeshierelucre.com
—Considering it sources from Bing, it makes the same mistakes by placing the rarely linked lucire.net up top, and lucire.com in third. Fourth, ninth and tenth are irrelevant, and the last two relate to different words. Yola’s site is seventh, which is fair enough. 6/10
 
Baidu
lucire.net
lucire.com
lucire.cc
lucire.com
kanguowai.com
hhlink.com
vocapp.com
forvo.com
kuwo.cn
lucirehome.com
—Interesting mixture here. Strange, too, that lucire.net comes up top. We own lucire.cc but it’s now a forwarding domain (it was once our link shortener, up to a decade ago). Seventh and ninth relate to the Romanian word strălucire and eighth to the Romanian word lucire. The tenth domain is an old one, succeeded a couple of years ago by lucirerouge.com. Not very current, then. 7/10
 
Startpage
lucire.com
lucire.com
lucire.net
instagram.com
wikipedia.org
linkedin.com
facebook.com
pinterest.nz
fashionmodeldirectory.com
twitter.com
—All relevant, as expected, since it’s all sourced from Google. 10/10
 
Virtual Mirage
lucire.com
instagram.com
wikipedia.org
lucire.net
facebook.com
linkedin.com
pinterest.nz
lucirerouge.com
nih.gov
twitter.com
—I don’t know much about this search engine, since I only heard about it from Holly Jahangiri earlier today. A very good effort, with only the ninth one being irrelevant to us: it’s a paper co-written by Yola. 9/10
 
Yandex
lucire.com
lucire.net
facebook.com
twitter.com
wikipedia.org
instagram.com
wikipedia.eu
pinterest.nz
en-academic.com
wikiru.wiki
—This is the Russian version. All are relevant, and they are fairly expected, other than the ninth result which I’ve not come across this high before, although it still relates to Lucire. 10/10
 
Bing
lucire.net
wikipedia.org
lucire.com
spanishdict.com
lucire.com
facebook.com
drlucire.com
spanishdict.com
twitter.com
lucirahealth.com
—How Bing has slipped. There are sites here relating to the Spanish word lucirse and to Lucira, who makes PCR tests for COVID-19. One is for Yola. 7/10
 
Qwant.com
lucire.net
wikipedia.org
spanishdict.com
drlucire.com
spanishdict.com
tumblr.com
lucirahealth.com
lacire.co
amazon.com
lucirahealth.com
—For a Bing-licensed site, this is even worse. No surprise to see lucire.com gone here, given how inconsistently Bing has treated it of late. But there are results here for Lucira and a company called La Cire. The Amazon link is also for Lucira. 3/10
 
Qwant.fr
lucire.net
wikipedia.org
reverso.net
luciremen.com
lucire.com
twitter.com
lacire.co
lucirahealth.com
viyeshierelucre.com
lucirahealth.com
—The sites change slightly if you use the search box at qwant.fr. The Reverso page is for the Spanish word luciré. Sixth through tenth are irrelevant and do not even relate to the search term. Eleventh and twelfth are for lucire.com and facebook.com, so there were more relevant pages to come. The ranking or relevant results, then, leaves something to be desired. 5/10
 
Duck Duck Go
lucire.com
lucire.net
wikipedia.org
spanishdict.com
drlucire.com
spanishdict.com
lucirahealth.com
amazon.com
lacire.co
luciremen.com
—Well, at least the Duck puts lucire.com up top, and the home page at that (even if Bing can’t). Only four relevant results, with Lucire Men coming in at tenth. 4/10
 
Brave
lucire.com
instagram.com
twitter.com
wikipedia.org
linkedin.com
lucire.net
facebook.com
fashion.net
wiktionary.org
nsw.gov.au
—For the new entrant, not a bad start. Shame about the smaller index size. All of these relate to us except the last two, one a dictionary and the other referring to Yolande Lucire. 8/10
 

The results are surprising from these first results’ pages.
 
★★★★★★★★★★ Google
★★★★★★★★★★ Yandex
★★★★★★★★★★ Startpage
★★★★★★★★★☆ Virtual Mirage
★★★★★★★★☆☆ Brave
★★★★★★★☆☆☆ Baidu
★★★★★★★☆☆☆ Bing
★★★★★★☆☆☆☆ Swisscows
★★★★★☆☆☆☆☆ Mojeek
★★★★★☆☆☆☆☆ Qwant.fr
★★★★☆☆☆☆☆☆ Duck Duck Go
★★★☆☆☆☆☆☆☆ Qwant.com
 

It doesn’t change my mind about the suitability of Mojeek for internal searches though. It’s still the one with the largest index aside from Google, and it doesn’t track you.

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Posted in China, France, internet, publishing, technology, UK, USA | 2 Comments »


Rand Fishkin’s ‘Something is Rotten in Online Advertising’

21.07.2022

I’ve been meaning to link Rand Fishkin’s ‘Something is Rotten in Online Advertising’ for some time, so here it is.

He writes, in his second and third paragraphs (links in original):

Where to even begin… Should we start with the upcoming loss of third-party cookies? The bizarre Google & Facebook duopoly teamup against anti-trust action? The rise of online ads as a money laundering & terrorist-funding tactic? Or maybe we should talk about brands’ ever-shrinking ability to attribute ad clicks. Hundreds of millions in provable ad fraudDisturbing privacy issues that remain unaffected by GDPR or other government efforts.

No wonder a lot of savvy people believe adtech and the entire online advertising industry are due for a subprime-mortgage-style reckoning.

It’s a well written piece, covering ad fraud, the incentivization of ad fraud, and real-world examples, including this:

The world’s biggest con continues. The con artists don’t need to do three-card Monte any more. They can just get into ad tech. Rand’s piece is well worth a read.

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If corporate America says it, it’s probably untrue

16.07.2022


Le dernier.
 
I see the Le Snak range has now left us, after its US owner PepsiCo cited a lack of demand. I call bullshit, since during 2021 it was becoming increasingly difficult to find them on the shelves. Throttling distribution is not the same as a lack of demand, something you see time and time again with corporate claptrap.

It’s like the myth that New Zealanders all prefer automatic transmissions. No, not supplying manuals will inevitably force people to change. Has the industry done a survey as I have? Last time I conducted one, in the 2010s, we were still running 50–50, with a lot of people saying, ‘I prefer a manual, but I had no choice but to buy an automatic.’

Ford is a useful example of US companies citing reduced demand but doing things behind the scenes to ensure it. The line that no one was buying big cars saw to the end of the road for the Australian Falcon and the closure of its Broadmeadows plant. Did any of you see any advertising for the Falcon leading up to that? Or see many Falcons on dealer lots? It seems to me that a corporate decision had been made, and steps taken to guarantee an outcome. Throttle the distribution (‘We’re out of stock’) and of course demand falls.

Get your tape measures out, and you’ll find the Falcon was smaller than the Mondeo (which at that point was still selling) on key measures other than overall length and, presumably, boot volume. The two-litre Ecoboost Falcon with its rear-wheel drive was promoted with all the energy of a damp squid, but it had all the ingredients for success as a decent-handling sedan. But Broadmeadows was an inefficient plant, from what I understand (from hearsay), and bringing it up to speed would have cost more than a bunch of Pinto lawsuits. ‘But there’s no demand for what it builds anyway!’ they cry. Then they can justify the closure.

Go back to the 1990s and the same thing happened with Ford’s Contour and Mystique twins in the US. People were buying BMW 3-series in droves, cars the same size as the Contour. But Ford claimed there was no demand, leading to its US cancellation after the 2000 model year. Reality: I say the Dearborn fiefdom didn’t like the fact the Contour was part of a world-car project (which gave us the original Mondeo) led by Ford’s Köln fiefdom. Not-invented-here killed the Contour, and a relative lack of promotion also guaranteed its fate. (Ford would wind up contesting the segment again later in the 2000s with the Fusion and Milan, but put far more effort into promoting them since they were US-led programmes. I actually saw advertising for them in US magazines! I saw a Milan in Manhattan with Mercury encouraging us to try it out!)

If you take the line that anything a big US firm utters is an utter lie, it keeps you in good stead. Use that approach with Facebook, for instance, and you’ll find things make sense more often than not. And of course we all knew what Elon Musk meant when he said he wanted to buy Twitter.

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Kissing that Disqus advertising money goodbye (webmasters beware)

14.07.2022

I’m going to have to write off what Disqus owes us. No response to this thread, and no response to a DM I sent at their request.

I assume it’s a bit like Amazon, where they just ignore you regardless of what you’ve actually earned.

I think the rule is if it’s a big US tech firm, they’re going to BS you—especially when it comes to money.

Maybe it’s time to threaten them as I did with Twitter?

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July 2022 gallery

02.07.2022

Here are July 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, design, France, gallery, interests, marketing, media, politics, publishing, technology, UK, USA | No Comments »


We have been warned

25.06.2022

Let fellow Tweeters have the say on today’s events in the USA.

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Posted in culture, internet, New Zealand, politics, USA | No Comments »


Pirate sites, content mills and splogs exist because of Google

25.06.2022

In chatting to Alexandra Wolfe on Mastodon about the previous post, I had to draw a sombre conclusion. If it weren’t for Google, there’d be no incentive to do content mills or splogs.

I replied: ‘People really are that stupid, and itʼs all thanks to Google. Google doesn’t care about ad fraud, and anyone can be a Google publisher. So scammers set up fake sites, they have a script trawling Google News for stories, and they have another script that rewrites the stories, replacing words with synonyms. Google then pays them [for the ads they have on their sites]. Every now and then they get someone like me who tries to look after our crew.’

Google is the biggest ad tech operator out there. And over the years, I’ve seen them include splogs in Google News, which once was reserved only for legitimate news websites. And when we were hacked in 2013, the injected code looked to me like Google Adsense code. You could just see this develop in the 2000s with Blogger, and it’s only worsened.

Have a read of this piece, which quotes extensively from Bob Hoffman, and tell me that Google doesn’t know this is happening.

Google is part of the problem but as long as they keep getting rich off it, what motive do they have to change?

Speaking of ad fraud, Bob Hoffman’s last couple of newsletters mentions the Association of National Advertisers, who reported that ad fraud would cost advertisers $120 milliard this year. Conveniently enough for the industry, the ANA’s newsletter has since disappeared.
 
I still haven’t got into programmatic or header bidding or all the new buzzwords in online advertising, because I don’t understand them. And as it’s so murky, and there’s already so much fraud out there, why join in? Better buying simple ads directly with websites the old-fashioned way, since (again from Hoffman, in the link above):

Buying directly from quality publishers increases the productivity of display advertising by at least seven times and perhaps as much as 27 times compared to buying through a programmatic exchange.

Everyone wins.

And:

Ad tech drives money to the worst online publishers. Ad tech’s value proposition is this: we will find you the highest quality eyeballs at the cheapest possible locations. Ad tech can do this because your web browser and mobile platform are vulnerable to a problem called ‘data leakage’ where your activity on a trusted site is revealed to other companies … If you’re a quality online publisher, ad tech is stealing money from you by following your valuable audience to the crappiest website they can be found on, and serving them ads there instead of on your site.

In other words, Google et al have an incentive to give ads to sploggers, who are getting rich off the backs of legitimate, quality publishers. And as to the intermediaries, I give you Bob Hoffman again, here.

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