market dominance Archives - News/Media Alliance https://www.newsmediaalliance.org/tag/market-dominance/ Wed, 10 Jan 2024 21:55:02 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.2 Senate Judiciary Committee to Hold Hearing on Oversight of Artificial Intelligence (AI), Future of Journalism https://www.newsmediaalliance.org/release-senate-judiciary-committee-to-hold-hearing-on-oversight-of-artificial-intelligence-ai-future-of-journalism/ Wed, 10 Jan 2024 21:55:02 +0000 https://www.newsmediaalliance.org/?p=14515 Today the Senate Judiciary Subcommittee on Privacy, Technology, and the Law will hold a hearing on “Oversight of A.I.: The Future of Journalism,” which will explore the impact of the growth of generative artificial intelligence (GAI) technology on publishers’ ability to provide high-quality journalism and possible oversight mechanisms to help protect and sustain quality journalism.

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News/Media Alliance President & CEO Danielle Coffey to Testify About Threats and Opportunities to News from AI

FOR IMMEDIATE RELEASE

Arlington, VA – Today the Senate Judiciary Subcommittee on Privacy, Technology, and the Law will hold a hearing at 2:00 p.m. ET, on “Oversight of A.I.: The Future of Journalism,” which will explore the impact of the growth of generative artificial intelligence (GAI) technology on publishers’ ability to provide high-quality journalism and possible oversight mechanisms to help protect and sustain quality journalism.

Witnesses scheduled to testify at the hearing include Danielle Coffey, President & CEO of the News/Media Alliance (written testimony here); Roger Lynch, CEO at Condé Nast (written testimony here); Curtis LeGeyt, President and CEO of the National Association of Broadcasters (written testimony here); and author Jeff Jarvis (written testimony here).

Coffey’s comments before the Subcommittee will explain how Generative AI tools exploit news content to compete directly with publishers, yet need quality journalism to train their systems. Coffey will focus on the copyright infringement implications of how GAI developers train and use their models, as well as the need for legislation, including requiring transparency and responsibility from GAI developers, and passing the Journalism Competition & Preservation Act (JCPA), which would allow publishers to collectively negotiate for fair compensation for use of their content by the dominant tech platforms, such as Meta and Google.

Since generative AI technology took off exponentially last year, the News/Media Alliance has been leading the call for AI companies to seek proper permissions and licensing from publishers for use of their valuable content. Last fall, the Alliance published a White Paper revealing that GAI systems copy massive amounts of publishers’ original works, almost always without authorization or compensation, and publisher content is overweighted in materials used for training these systems. The White Paper and comments the Alliance submitted to the U.S. Copyright Office also explain the legal implications of such use.

In response to the hearing, News/Media Alliance President & CEO, Danielle Coffey stated, “We commend Subcommittee Chair Richard Blumenthal and Ranking Member Josh Hawley and the Senate Judiciary Committee for recognizing the urgent need to address our very serious concerns about the impacts of AI technology on providers of quality journalism, as well as the legal questions this raises. AI companies are scraping our content to compete with it – usually without any compensation to, or permission from the publishers of that content – while they reap all the benefits. This is classic freeriding that infringes publishers’ copyrights and goes far beyond fair use.”

Coffey’s testimony offers multiple suggestions for policymakers, including:

  • Recognizing that unauthorized use of publishers’ expressive content for commercial GAI training and development is likely to compete with and harm publisher businesses in a manner that infringes copyright;
  • Creating transparency requirements to require the recordkeeping and disclosure of unauthorized training uses of material that is protected by copyright, by technical protection measures, or governed by contractual terms prohibiting scraping; and
  • Adopting legislation to remedy existing market imbalances that prevent publishers from engaging in fair negotiations for the use of their content against dominant platforms.

A new report released by the Medill School of Journalism at Northwestern University in November found that the rate of newspaper closures has accelerated, now at 2.5 closures per week (with more than 130 confirmed newspaper closings or mergers in the last year), resulting in the expansion of news deserts, in which communities lack a source of local news.

Coffey concluded, “For years the tech platforms have gotten away with using publishers’ content without appropriate compensation. This problem, having gone unaddressed, has been getting worse and now, AI doubles down on the threat the largest tech platforms pose to publishers’ viability. Countries all over the world are introducing and passing legislation requiring the tech platforms to pay news publishers. The United States cannot fall behind other countries and should pass the JCPA, which will ensure publishers can continue to provide important high-quality journalism we all depend on. We have to act now before it’s too late.”

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Media Contact:
Lindsey Loving
Director, Communications
lindsey@newsmediaalliance.org

The News/Media Alliance is a nonprofit organization representing more than 2,200 news and magazine media organizations and their multiplatform businesses in the United States and globally. Alliance members include print and digital publishers of original journalism. Headquartered just outside Washington, D.C., the association focuses on ensuring the future of journalism through communication, research, advocacy, and innovation. Information about the News/Media Alliance can be found at www.newsmediaalliance.org.

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News/Media Alliance President & CEO Danielle Coffey Participates in AI Insight Forum Hosted by Senator Chuck Schumer https://www.newsmediaalliance.org/release-news-media-alliance-president-ceo-danielle-coffey-to-participate-in-ai-insight-forum-hosted-by-senator-chuck-schumer/ Wed, 29 Nov 2023 19:15:40 +0000 https://www.newsmediaalliance.org/?p=14436 Today News/Media Alliance President & CEO Danielle Coffey is attending as an invited participant in a bipartisan forum hosted by Senate Majority Leader Chuck Schumer on “AI – Transparency, Explainability, Intellectual Property, & Copyright.”

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FOR IMMEDIATE RELEASE

Arlington, VA – Today News/Media Alliance President & CEO Danielle Coffey is attending as an invited participant in a bipartisan forum hosted by Senate Majority Leader Chuck Schumer on “AI – Transparency, Explainability, Intellectual Property, & Copyright.”

This is the seventh AI Insight Forum that seeks to further innovation and develop bipartisan artificial intelligence legislation that takes the opportunities as well as the threats of AI technology into account. Also participating in the forum are 19 leaders from various industries, including the news media, entertainment, and tech industries.

Today’s Forum focuses on two key areas of AI policy: 1) transparency and explainability and 2) intellectual property and copyright, including addressing concerns around the use of copyrighted content in training and prompting. These are the most vital artificial intelligence concerns for the Alliance’s members.

In addition to a written statement provided in advance of the Forum, Coffey will provide oral remarks sharing the unique perspective of the news and magazine industry.

Coffey stated, “I am honored to be invited by Majority Leader Schumer, Senator Rounds, Senator Heinrich, and Senator Young to participate in this AI forum and I look forward to the dialogue. This is a critical time in the evolution of AI technology, and it is important to strike the right balance of creativity, innovation, regulation, and respect for existing rights. We must ensure that publishers of high-quality journalism whose content is being used to train AI systems have a seat at the table.”

The Alliance – whose members comprise over 2,200 news and magazine media organizations and their multiplatform businesses in the U.S. and globally – has been leading the call since the advent of generative AI chatbots earlier this year for AI companies and developers to properly compensate publishers of quality journalism for use of their valuable content to train generative AI systems (GAI).

In April, the Alliance released AI Principles for the news and magazine media industry, which highlight the overarching principles that must guide the development and use of GAI systems as well as the policies and regulations governing them. Among other things, the AI Principles outline the need for GAI developers to obtain explicit permission for use of publishers’ intellectual property, and for publishers to be able to negotiate for fair compensation for use of their IP by these developers. In addition, the Alliance helped organize the publication of Global AI Principles in September, endorsed by 31 organizations representing thousands of creative professionals around the world, including news, entertainment, magazine, and book publishing companies and the academic publishing sector.

On October 31, the Alliance released a White Paper entitled, “How the Pervasive Copying of Expressive Works to Train and Fuel Generative Artificial Intelligence Systems Is Copyright Infringement And Not a Fair Use,” which shows that GAI systems have been developed by copying massive amounts of the expressive material published by the Alliance’s members, almost always without authorization or compensation, to create new products and services that frequently compete with Alliance member publishers.

The Alliance also recently submitted comments to the U.S. Copyright Office on the use of publisher content to power generative artificial intelligence technologies (GAI). The comments, White Paper and accompanying technical analysis together document the pervasive, unauthorized use of publisher content by GAI developers, the impact this may have on the sustainability and availability of high-quality original content, and the legal implications of such use.

The Copyright Office comments and the White Paper offer multiple recommendations to policymakers, including recognizing that unauthorized use of publishers’ expressive content for commercial GAI training and development is likely to compete with and harm publisher businesses in a manner that infringes copyright; creating transparency requirements to require disclosure of the use of copyright protected content in training; encouraging and facilitating effective licensing solutions; supporting international cooperation and harmonization on GAI regulations; and adopting legislation to remedy existing market imbalances that prevent publishers from engaging in fair negotiations for the use of their content against dominant platforms.

Coffey added, “For years the Big Tech platforms have gotten away with using our publishers’ content to add billions to their bottom lines, all while publishers have suffered. Now, the platforms and AI companies are scraping publisher content and using it to train their generative AI systems – again without compensating publishers. This goes far beyond fair use. Journalists, writers, publishers, and other creators make the investments and take the risks while generative AI developers reap the rewards of traffic, data, brand creation, subscription fees, and advertising dollars. This is freeriding, and it is antithetical to established copyright law and the public interest that it serves.”

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Media Contact:
Lindsey Loving
Director, Communications
lindsey@newsmediaalliance.org

The News/Media Alliance is a nonprofit organization representing more than 2,200 news and magazine media organizations and their multiplatform businesses in the United States and globally. Alliance members include print and digital publishers of original journalism. Headquartered just outside Washington, D.C., the association focuses on ensuring the future of journalism through communication, research, advocacy, and innovation. Information about the News/Media Alliance can be found at www.newsmediaalliance.org.

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News/Media Alliance Study Finds Pervasive Unauthorized Use of Publisher Content to Power Generative AI Technologies https://www.newsmediaalliance.org/release-news-media-alliance-study-finds-pervasive-unauthorized-use-of-publisher-content-to-power-generative-ai-technologies/ Tue, 31 Oct 2023 15:00:30 +0000 https://www.newsmediaalliance.org/?p=14332 Yesterday, the News/Media Alliance published a White Paper and a technical analysis and submitted comments to the U.S. Copyright Office on the use of publisher content to power generative artificial intelligence technologies (GAI). Together, the three publications document the pervasive, unauthorized use of publisher content by GAI developers...

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FOR IMMEDIATE RELEASE

Arlington, VA – Yesterday, the News/Media Alliance published a White Paper and a technical analysis and submitted comments to the U.S. Copyright Office on the use of publisher content to power generative artificial intelligence technologies (GAI). Together, the three publications document the pervasive, unauthorized use of publisher content by GAI developers, the impact this may have on the sustainability and availability of high-quality original content, and the legal implications of such use. GAI systems have been developed by copying massive amounts of the expressive material published by the Alliance’s members, almost always without authorization or compensation, to create new products and services that frequently compete with Alliance member publishers.

The Alliance recognizes the exciting potential of GAI models and applications to improve aspects of our lives and supports the principled development of these systems. But this development must not come at the expense of publishers and journalists who invest considerable time and resources producing material that keeps our communities informed, safe, and entertained, and holds our government officials and other decision makers in check. The Alliance and its members would welcome working with GAI developers to help build and grow these technologies in a sustainable and responsible manner.

While the Copyright Office submission and White Paper discuss the wider publisher landscape in the face of the GAI revolution, including relevant principles of copyright law, the accompanying technical analysis documents the extent to which GAI developers rely on high-quality journalistic content to power their models. In particular, the results show:

  • GAI developers have copied and used news, magazine and digital media content to train large language models (LLMs).
  • Popular curated datasets underlying LLMs significantly overweight publisher content by a factor ranging from over 5 to almost 100 as compared to the generic collection of content that the well-known entity Common Crawl has scraped from the web.
  • Other studies show that news and digital media ranks third among all categories of sources in Google’s C4 training set, which was used to develop Google’s GAI-powered products like Bard. Half of the top ten sites represented in the data set are news outlets.
  • The LLMs also copy and use publisher content in their outputs. The LLMs can reproduce the content on which they were trained, demonstrating that the models retain and can memorize the expressive content of the training works.

Alliance President & CEO Danielle Coffey stated, “The research and analysis we’ve conducted shows that AI companies and developers are not only engaging in unauthorized copying of our members’ content to train their products, but they are using it pervasively and to a greater extent than other sources. This shows they recognize our unique value, and yet most of these developers are not obtaining proper permissions through licensing agreements or compensating publishers for the use of this content. This diminishment of high-quality, human created content harms not only publishers but the sustainability of AI models themselves and the availability of reliable, trustworthy information.”

The Copyright Office comments and the White Paper offer multiple recommendations to policymakers, including recognizing that unauthorized use of publishers’ expressive content for commercial GAI training and development is likely to compete with and harm publisher businesses in a manner that infringes copyright; creating transparency requirements to require disclosure of the use of copyright protected content in training; encouraging and facilitating effective licensing solutions; supporting international cooperation and harmonization on GAI regulations; and adopting legislation to remedy existing market imbalances that prevent publishers from engaging in fair negotiations for the use of their content against dominant platforms.

Coffey continued, “Generative AI systems should be held responsible and accountable, just like any other business. This White Paper demonstrates that these systems rely on journalistic and creative content, which have the benefit of investment in quality on the front end, as well as publishers who are required by law to take responsibility for the content they share with the public. Continued unauthorized use will harm existing markets that acknowledge the value of archived and real-time quality content, and over time the GAI models themselves will deteriorate. You get out what you put in. It is critical that our copyright protections are properly enforced and that high standards of quality and accountability are the foundation of these and other new technologies.”

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Media Contact:
Lindsey Loving
Director, Communications
lindsey@newsmediaalliance.org

The News/Media Alliance is a nonprofit organization representing more than 2,200 news and magazine media organizations and their multiplatform businesses in the United States and globally. Alliance members include print and digital publishers of original journalism. Headquartered just outside Washington, D.C., the association focuses on ensuring the future of journalism through communication, research, advocacy, and innovation. Information about the News/Media Alliance can be found at www.newsmediaalliance.org.

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Global Publishing, Journalism Organizations Unite to Release Comprehensive Global Principles for Artificial Intelligence (AI) https://www.newsmediaalliance.org/release-global-publishing-journalism-organizations-unite-to-release-comprehensive-global-principles-for-artificial-intelligence-ai/ Wed, 06 Sep 2023 12:00:36 +0000 https://www.newsmediaalliance.org/?p=14067 Today 26 organizations representing thousands of creative professionals around the world, including news, entertainment, magazine, and book publishing companies and the academic publishing sector, released Global Principles on Artificial Intelligence (AI).

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FOR IMMEDIATE RELEASE

Arlington, VA – Today 26 organizations representing thousands of creative professionals around the world, including news, entertainment, magazine, and book publishing companies and the academic publishing sector, released Global Principles for Artificial Intelligence (AI). A first of their kind, these pioneering Global Principles provide guidance for the development, deployment, and regulation of Artificial Intelligence (AI) systems and applications to ensure business opportunities and innovation can thrive within an ethical and accountable framework. The Global Principles for AI are aimed at ensuring publishers’ continued ability to create and disseminate quality content, while facilitating innovation and the responsible development of trustworthy AI systems.

Addressing critical dimensions relating to intellectual property, transparency, accountability, quality and integrity, fairness, safety, design, and sustainable development, the Global Principles for AI mark an unprecedented collaboration that safeguards the interests of content creators, publishers, and consumers alike.

In the Principles, the organizations call for the responsible development and deployment of AI systems and applications, stating that these new tools must only be developed in accordance with established principles and laws that protect publishers’ intellectual property, brands, consumer relationships, and investments. The Principles state explicitly that AI systems’ “indiscriminate misappropriation of our intellectual property is unethical, harmful, and an infringement of our protected rights.”

News/Media Alliance President and CEO Danielle Coffey stated, “These Global AI Principles demonstrate the widespread agreement of publishers around the world that their intellectual property, which is the product of significant investments they have made in providing quality journalistic and creative content, should be recognized and respected. AI systems are only as good as the content they use to train them, and therefore developers of generative AI technology must recognize and compensate publishers accordingly for the tremendous value their content contributes to the development of these systems.”

Digital Content Next CEO Jason Kint stated, “For decades, our member companies have pursued opportunities to bring trusted news and entertainment to new platforms and new distribution channels enabled by the internet. We know from experience that principles like these are necessary to make certain those opportunities continue to proliferate and serve as a guidepost for businesses and policymakers who are wrestling with the ethical and legal questions surrounding AI.”

Angela Mills Wade, Executive Director of the European Publishers Council stated, “The Global Principles for AI pave the way for a powerful convergence of innovation and ethical development of AI. We invite regulators to establish legal frameworks which boost innovation and create new business opportunities, while ensuring that AI develops in a way that is responsible and sustainable for the publishing and journalism sectors in full respect of their intellectual property rights.”

Among other things, the Global AI Principles stipulate that developers, operators, and deployers of AI systems should:

  • Respect intellectual property rights protecting the organizations’ investments in original content.
  • Leverage efficient licensing models that can facilitate innovation through training of trustworthy and high-quality AI systems.
  • Provide granular transparency to allow publishers to enforce their rights where their content is included in training datasets.
  • Clearly attribute content to the original publishers of the content.
  • Recognise publishers’ invaluable role in generating high-quality content for training, and also for surfacing and synthesizing.
  • Comply with competition laws and principles and ensure that AI models are not used for anti-competitive purposes.
  • Promote trusted and reliable sources of information and ensure that AI generated content is accurate, correct and complete.
  • Not misrepresent original works.
  • Respect the privacy of users that interact with them and fully disclose the use of their personal data in AI system design, training, and use.
  • Align with human values and operate in accordance with global laws.

The full Global AI Principles, which can be found online, elaborate on each of the points above in greater detail.

Organizations signing onto the Global AI Principles include:

  • AMI – Colombian News Media Association
  • Asociación de Entidades Periodísticas Argentinas (Adepa)
  • Association of Learned & Professional Society Publishers
  • Associação Nacional de Jornais (Brazilian Newspaper Association) (ANJ)
  • Czech Publishers’ Association
  • Danish Media Association
  • Digital Content Next
  • European Magazine Media Association
  • European Newspaper Publishers’ Association
  • European Publishers Council
  • FIPP
  • Grupo de Diarios América
  • Inter American Press Association
  • Korean Association of Newspapers
  • Magyar Lapkiadók Egyesülete (Hungarian Publishers’ Association)
  • NDP Nieuwsmedia
  • News/Media Alliance
  • News Media Association
  • News Media Canada
  • News Media Europe
  • News Media Finland
  • News Publishers’ Association
  • Nihon Shinbun Kyokai (The Japan Newspaper Publishers & Editors Association)
  • Professional Publishers Association
  • STM
  • World Association of News Publishers (WAN-IFRA)

The Global AI Principles can be found on the News/Media Alliance website here.

The Principles are open to future signatories.

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Media Contact:
Lindsey Loving
Director, Communications
lindsey@newsmediaalliance.org

The News/Media Alliance is a nonprofit organization representing more than 2,000 news and magazine media organizations and their multiplatform businesses in the United States and globally. Alliance members include print and digital publishers of original journalism. Headquartered just outside Washington, D.C., the association focuses on ensuring the future of journalism through communication, research, advocacy, and innovation. Information about the News/Media Alliance can be found at www.newsmediaalliance.org.

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News/Media Alliance Releases New Generative Artificial Intelligence (AI) Principles https://www.newsmediaalliance.org/release-news-media-alliance-releases-new-generative-artificial-intelligence-ai-principles/ Thu, 20 Apr 2023 14:38:25 +0000 https://www.newsmediaalliance.org/?p=13698 Today the News/Media Alliance released new AI Principles that provide overarching guidance for generative artificial intelligence (GAI) systems’ use of journalistic and creative content.

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FOR IMMEDIATE RELEASE

Arlington, VA – Today the News/Media Alliance released new AI Principles that provide overarching guidance for generative artificial intelligence (GAI) systems’ use of journalistic and creative content. The Principles cover issues with respect to GAI developers’ use of members’ content related to intellectual property, transparency, accountability, fairness, safety, and design and apply to all content, including text, images, audiovisual and all other formats.

The News/Media Alliance represents over 2,000 print and digital news and magazine media companies, from small, local outlets to national and international publications read around the world. Every day, these publishers invest in producing high-quality creative content that is engaging, informative, trustworthy, accurate and reliable. They not only make significant economic contributions in this content, but they also play a crucial role in educating and informing our communities, ensuring a strong democracy and economy.

“The Principles emphasize that emerging technologies such as AI must continue to respect publishers’ intellectual property (IP), brands, reader relationships, and investments made in creating quality journalistic and creative content,” stated News/Media Alliance Executive Vice President and General Counsel Danielle Coffey. “Publishers must be fairly compensated for the tremendous value their content contributes to the development of generative AI technology. It’s a simple exchange of value.”

The News/Media Alliance’s Principles stipulate that GAI developers and deployers must negotiate with publishers for the right to use their content in any of the following manners:

  • Training: Including publishers’ content in datasets and using it for GAI system training and testing.
  • Surfacing: The serving of publishers’ content in response to user inputs, possibly including a cover note generated by the GAI system of what is contained in the surfaced content.
  • Synthesizing: Summaries, explanations, analyses etc. of source content in response to a query.

Among other things, the AI Principles outline the need for GAI developers to obtain explicit permission for use of publishers’ intellectual property, and publishers should have the right to negotiate for fair compensation for use of their IP by these developers.

The Alliance has been advocating for the passage of the Journalism Competition & Preservation Act (JCPA), which would allow publishers to negotiate collectively with the Big Tech platforms for fair compensation for use of their content, including use for AI purposes. Currently, publishers do not have the ability to negotiate these deals on their own, as the dominant tech platforms capture the majority of U.S. digital ad revenue, leaving publishers with little to reinvest in the production of high-quality journalism. The bill, which nearly passed into law in 2022, was reintroduced in the Senate in March 2023 and has strong bipartisan support.

Coffey added, “The tech platforms clearly cannot be trusted to self-regulate and instead, are increasing their anticompetitive behavior to the detriment of local journalism. We must ensure that value is rightfully returned to the creators of quality journalism, which in turn will be reinvested in providing the content that our country wants, needs and depends on to stay informed.”

The AI Principles can be found on the Alliance website here.

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Media Contact:
Lindsey Loving
Director, Communications
lindsey@newsmediaalliance.org

The News/Media Alliance is a nonprofit organization representing more than 2,000 news and magazine media organizations and their multiplatform businesses in the United States and globally. Alliance members include print and digital publishers of original journalism. Headquartered just outside Washington, D.C., the association focuses on ensuring the future of journalism through communication, research, advocacy, and innovation. Information about the News/Media Alliance can be found at www.newsmediaalliance.org.

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Statement: White Paper Shows Google’s Ongoing Use and Abuse of News Content, Why We Need the Journalism Competition & Preservation Act https://www.newsmediaalliance.org/statement-white-paper-shows-googles-ongoing-use-and-abuse-of-news-content-why-we-need-the-journalism-competition-preservation-act/ Tue, 06 Sep 2022 14:53:12 +0000 https://www.newsmediaalliance.org/?p=13012 The News/Media Alliance published an extensive research paper in which countless news publishers were interviewed and detailed how Google has used and abused news content over the course of several years.

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The News/Media Alliance published an extensive research paper, “How Google Abuses Its Position as a Market Dominant Platform to Strong-Arm News Publishers and Hurt Journalism,” in which countless news publishers were interviewed and detailed how Google has used and abused news content over the course of several years through wielding their dominant position to strong-arm news publishers into giving away their content, all while Google profits from it. New revelations include anticompetitive behavior among and between Google and Facebook to further cement their market dominance.

Like most industries, news media outlets have made business decisions impacting revenue and the business landscape. Not all of those decisions have paid off.  One such decision was made almost twenty years ago to allow news content to be used on search and social platforms when the value exchange was fair, and traffic produced revenue through advertising. However, today, that value exchange is nearly nonexistent. It has been reported that 65 percent of users stay within the walled gardens and do not click through. And when few do click through, the ad tech tax is imposed, where the platforms take up to 70 percent of every digital advertising dollar because they also dominate the ad tech ecosystem, which feeds off the data collected inside their products and across the web. There is no longer a fair exchange of value, and no one publisher alone can alter this dynamic.

The White Paper outlines several ways in which Google uses news content to its advantage – and to news publishers’ detriment – across its products and services:

  • The use of news content through AMP (Accelerated Mobile Pages), Google Discover, Google News app, Google Assistant, and Search have become a “walled garden” in which publishers and consumers are increasingly forced or encouraged to stay.
  • Evidence that AMP, in which users read articles served by Google, benefits the platform to the detriment of news publishers who lose advertising revenue, reader data, and subscribers in comparison to organic search.
  • Terms of Use are exclusionary and anticompetitive whereby consenting to the use of content for one product irrevocably binds the publisher to other products and services, some that directly compete with news publishers’ offerings.
  • New evidence presented to the courts of anticompetitive practices around “header bidding” – an auctioning tool that competes against Google, producing a higher payout for publishers – was discouraged by Google as an intentional move to improve its financial gain in advertising auctions.
  • Revelations that Facebook substantially curtailed its use of header bidding in return for Google giving Facebook a leg up in publishers’ web display and developers in app ad auctions, allocating a portion of the wins to Facebook and helping Facebook’s ad network, FAN, beat the competition.

As the Senate markup of the Journalism Competition & Preservation Act (JCPA) approaches (the Senate text was released in late August and it was listed to the Senate Judiciary Committee agenda for markup on September 8), critics of the bill have referred to it as a way to “prop up an industry that has largely failed to address its business problems” unrelated to the platforms. The White Paper proves this is not the case. If the platforms were required to come to the table and negotiate with news publishers for fair compensation for use of their content, as the JCPA specifies, it would address at least one critical piece of the gross marketplace imbalance with the dominant platforms.

Danielle Coffey, Executive Vice President and General Counsel at the News/Media Alliance said, “Google extracts revenue from valuable news content by deliberately and systematically delivering personalized information to users to keep them within their walled gardens. This fuels their engine of scraping reader data to sell their information and target them with ads.” Coffey continued, “There remains little bargaining power and, as a result, news publishers are forced to consent to nearly unlimited uses of their content in exchange for scraps to cover the tremendous investments it takes to produce quality journalism. If this continues, the production of quality local news content will be irreparably harmed.”

In the White Paper, the Alliance recommends passage of the Journalism Competition & Preservation Act, which would allow news publishers to collectively negotiate for fair compensation from the tech platforms.

The White Paper can be found here.

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Media Contact:
Lindsey Loving
Director, Communications
lindsey@newsmediaalliance.org

 

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Alliance Releases New White Paper Outlining Google’s Dominant Market Behavior, Harming of Journalism https://www.newsmediaalliance.org/release-news-media-alliance-releases-new-white-paper-outlining-googles-dominant-market-behavior-harming-of-journalism/ Thu, 18 Jun 2020 18:00:39 +0000 http://www.newsmediaalliance.org/?p=10708 Today, the News Media Alliance released a White Paper, “How Google Abuses Its Position as a Market Dominant Platform to Strong-Arm News Publishers and Hurt Journalism.” The Alliance has submitted the White Paper to the Department of Justice (DOJ) and the House Antitrust Subcommittee for incorporation into their investigation of Google’s anticompetitive behavior.

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simpson33/iStock/Getty Images Plus via Getty Images

Submitted to Department of Justice to Inform Investigation of Google’s Anticompetitive Behavior

FOR IMMEDIATE RELEASE

Arlington, VA – Today, the News Media Alliance released a White Paper, “How Google Abuses Its Position as a Market Dominant Platform to Strong-Arm News Publishers and Hurt Journalism.” The Alliance has submitted the White Paper to the Department of Justice (DOJ) as they proceed with an investigation of Google’s anticompetitive behavior.

The White Paper, which is based on more than a year of interviews and consultations with many Alliance members about their experiences with Google products, outlines several of the ways in which Google uses news content to its advantage across its products and services. The use of news content through AMP (Accelerated Mobile Pages), Google Discover, and the Google News app, as well as Search becoming more of a “walled garden” in which publishers and consumers are increasingly forced or encouraged to stay, has been systematically making use of news content to enhance Google’s bottom line. In exchange, because there is little bargaining power, news publishers are not receiving fair value for quality content.

“The leading copyright cases concerning search engines and aggregators are over a decade old and the precedent they created no longer reflects the realities of the modern online ecosystem,” stated Alliance Senior Vice President and General Counsel Danielle Coffey. “Despite the fact that the digital marketplace has changed and many of Google’s uses of news content may not be fair use under the current circumstances, there remains little bargaining power with Google and, as a result, news publishers must consent to these practically unlimited uses by Google without compensation, regardless of the strength of our copyright protections.”

Based on the conclusions reached in the White Paper, recommendations from the Alliance include:

  • Antitrust scrutiny through the current investigations by the DOJ and state Attorneys General and remedies that address the abuses and impacts on news publishers.
  • Passage of the safe harbor bill, also known as the Journalism Competition & Preservation Act, to allow news publishers to collectively negotiate for better business arrangements with the tech platforms.
  • Compensation mechanisms that properly account for the value that platforms receive through original news content provided by established news organizations.

The White Paper can be found on the Alliance website here.

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Media Contact:
Lindsey Loving
Director, Communications
lindsey@newsmediaalliance.org
571.366.1009

The News Media Alliance is a nonprofit organization representing more than 2,000 news organizations and their multiplatform businesses in the United States and globally. Alliance members include print, digital and mobile publishers of original news content. Headquartered near Washington, D.C., in Arlington, Va., the association focuses on ensuring the future of news media through communication, research, advocacy and innovation. Information about the News Media Alliance (formerly NAA) can be found at www.newsmediaalliance.org.

The post Alliance Releases New White Paper Outlining Google’s Dominant Market Behavior, Harming of Journalism appeared first on News/Media Alliance.

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News Media Alliance Testimony: Department of Justice Sec. 230 Workshop https://www.newsmediaalliance.org/news-media-alliance-testimony-doj-sec-230-workshop/ https://www.newsmediaalliance.org/news-media-alliance-testimony-doj-sec-230-workshop/#respond Tue, 18 Feb 2020 15:16:46 +0000 http://www.newsmediaalliance.org/?p=10202 On February 19, 2020, Alliance President & CEO David Chavern will testify at the Department of Justice Workshop on Section 230 of the Communications Decency Act. 

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On  February 19, 2020, Alliance President & CEO David Chavern will testify at the Department of Justice (DOJ) Workshop on Section 230 of the Communications Decency Act.

According to the DOJ website, the workshop, titled “Section 230 – Nurturing Innovation or Fostering Unaccountability?,” will discuss the evolution of Section 230 from its original purpose in granting limited immunity to Internet companies, its impact on the American people, and whether improvements to the law should be made.

Read Mr. Chavern’s testimony here.
View the DOJ Workshop Agenda here.

 

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Video: Highlights from the House Judiciary Hearing on Online Platforms and the Free Press https://www.newsmediaalliance.org/online-platforms-and-market-power-highlight-reel/ https://www.newsmediaalliance.org/online-platforms-and-market-power-highlight-reel/#respond Tue, 25 Jun 2019 14:43:29 +0000 http://www.newsmediaalliance.org/?p=9369 On June 11, Alliance President and CEO David Chavern testified before the House Judiciary Committee on "Online Platforms and Market Power, Part 1: The Free and Diverse Press," a hearing about the impact tech platforms like Google and Facebook have on news publishers.

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On June 11, Alliance President and CEO David Chavern testified before the House Judiciary Committee on “Online Platforms and Market Power, Part 1: The Free and Diverse Press,” a hearing about the impact tech platforms like Google and Facebook have on news publishers. You can watch our highlight reel above.

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