Well, *fuck*.
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Well, *fuck*.
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If you'd like an essay-formatted version of this thread to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
pluralistic.net/2025/09/03/unp…
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
Last year, Google lost an antitrust case to Biden's DoJ. The DoJ lawyers beat Google *like a drum*, proving beyond a shadow of a doubt that Google had deliberately sought to create and maintain a monopoly over search, and that they'd used that monopoly to make search materially worse, while locking competitors out of the market.
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
In other words, the company that controls 90% of search attained that control by illegal means, and, having thus illegitimately become the first port of call for the information-seeking world, had deliberately worsened its product to make more money:
pluralistic.net/2024/04/24/nam…
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Pluralistic: The specific process by which Google enshittified its search (24 Apr 2024) – Pluralistic: Daily links from Cory Doctorow
pluralistic.netCory Doctorow
in reply to Cory Doctorow • • •Sensitive content
That Google lost that case was a minor miracle. First, because for 40 years, the richest, most terrible people in the world have been running a literal *re-education camp for judges* where they get luxe rooms and fancy meals and lectures about how monopolies are good, actually:
pluralistic.net/2021/08/13/pos…
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Pluralistic: 13 Aug 2021 – Pluralistic: Daily links from Cory Doctorow
pluralistic.netCory Doctorow
in reply to Cory Doctorow • • •Sensitive content
But second, because Judge Amit Mehta decided that the Google case should be shrouded in mystery, suppressing the publication of key exhibits and banning phones, cameras and laptops from the courtroom, with the effect that virtually no one even *noticed* that the most important antitrust case in tech history, a genuine trial of the century, was underway:
promarket.org/2023/10/27/googl…
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The Dangers of Google's Search Trial Secrecy - ProMarket
Erin Carroll (Pro Market)Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
This is really important. The government doesn't have to win an antitrust trial in order to create competition. As the saying goes, "the process is the punishment." Bill Gates was so personally humiliated by his catastrophic performance at his deposition for the Microsoft antitrust trial that he elected not to force-choke the nascent Google, lest he be put back in the deposition chair:
pluralistic.net/2020/09/12/wha…
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Pluralistic: 12 Sep 2020 – Pluralistic: Daily links from Cory Doctorow
pluralistic.netCory Doctorow
in reply to Cory Doctorow • • •Sensitive content
But Judge Mehta turned his courtroom into a Star Chamber, a black hole whence no embarrassing information about Google's wicked deeds could emerge. That meant that the only punishment Google would have to bear from this trial would come after the government won its case, when the judge decided on a punishment (the term of art is "remedy") for Google.
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
Yesterday, he handed down that remedy and it is as bad as it could be. In fact, it is likely the *worst* possible remedy for this case:
gizmodo.com/google-wont-have-t…
Let's start with what's *not* in this remedy. Google will not be forced to sell off any of its divisions - not Chrome, not Android.
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Google Won't Have to Sell Chrome Browser After All (But There's a Catch)
Matt Novak (Gizmodo)Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
Despite the fact that the judge found that Google's vertical integration with the world's dominant mobile operating system and browser were a key factor in its monopolization, Mehta decided to leave the Google octopus with all its limbs intact:
pluralistic.net/2024/11/19/bre…
Google won't be forced to offer users a "choice screen" when they set up their Android accounts, to give browsers other than Chrome a fair shake:
pluralistic.net/2024/08/12/def…
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Pluralistic: Forcing Google to spin off Chrome (and Android?) (19 Nov 2024) – Pluralistic: Daily links from Cory Doctorow
pluralistic.netCory Doctorow
in reply to Cory Doctorow • • •Sensitive content
Nor will Google be prevented from bribing competitors to stay out of the search market. One of the facts established in the verdict was that Google had been slipping Apple more than $20b/year in exchange for which, Apple forbore from making a competing search engine. This exposed every Safari and iOS user to Google surveillance, while insulating Google from the threat of an Apple competitor.
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
And then there's Google's *data*. Google is the world's most prolific surveiller, and the company boasts to investors about the advantage that its 24/7 spying confers on it in the search market, because Google knows so much about us and can therefore tailor our results. Even if this is true - a big if - it's nevertheless a fucking *nightmare*. Google has stolen every fact about our lives, in service to propping up a monopoly that lets it steal our *money*, too.
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
Any remedy worth the name would have required Google to delete ("disgorge," in law-speak) all that data:
pluralistic.net/2024/08/07/rev…
Some people in the antitrust world didn't see it that way. Out of a misguided kind of privacy nihilism, they called for Google to be forced to *share* the data it stole from us, so that potential competitors could tune their search tools on the monopolist's population-scale privacy violations.
And *that* is what the court has ordered.
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Pluralistic: The Google antitrust remedy should extinguish surveillance, not democratize it (07 Aug 2024) – Pluralistic: Daily links from Cory Doctorow
pluralistic.netCory Doctorow
in reply to Cory Doctorow • • •Sensitive content
As punishment for being convinced of obtaining and maintaining a monopoly, Google will be forced to share sensitive data with *lots* of other search engines. This will not secure competition for search, but it will certainly democratize human rights violations at scale.
Doubtless there will be loopholes in this data-sharing. Google will have the right to hold back some data (*our* data) if it is deemed "sensitive." This isn't so much a loop*hole* as is a loop*chasm*.
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
I'll bet you a testicle⹋ that Google will slap a "sensitive" label on any data that might be the least bit useful to its competitors.
⹋not one of mine
This means that even if you like data-sharing *as* a remedy, you won't actually get the benefit you were hoping for. Instead, Google competitors will spend the next decade in court, fighting to get Google to comply with this order.
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
That's the main reason that we force monopolists to break up after they lose antitrust cases. We *could* put a bunch of conditions on how they operate, but figuring out whether they're adhering to those conditions and punishing them when they don't is expensive, labor-intensive and time consuming. This data-sharing wheeze is easy to do malicious compliance for, and hard to enforce. It is not an "administrable" policy:
locusmag.com/2022/03/cory-doct…
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Cory Doctorow: Vertically Challenged
Locus Onlinefilobus reshared this.
Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
This is *all* downside. If Google complies with the order, it will constitute a privacy breach on a scale never before seen. If they don't comply with the order, it will starve competitors of the one tiny drop of hope that Judge Mehta squeezed out of his pen. It's a catastrophe. An utter, total catastrophe. It has zero redeeming qualities. Hope you like enshittification, folks, because Judge Mehta just handed Google an eternal licence to enshittify the entire fucking internet.
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
It's impossible to overstate how fucking *terrible* Mehta's reasoning in this decision is. The Economic Liberties project calls it "judicial cowardice" and compared the ruling to "finding someone guilty for bank robbery and then sentencing him to write a thank you note":
economicliberties.us/press-rel…
Matt Stoller says it's typical of today's "lawlessness, incoherence and deference to big business":
thebignewsletter.com/p/a-judge…
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DOJ & States Must Appeal Judge Mehta’s Act of Judicial Cowardice, Letting Google Keep Its Monopoly Power - DOJ & States Must Appeal Judge Mehta’s Act of Judicial Cowardice, Letting Google Keep Its Monopoly Power
Jimmy Wyderko (American Economic Liberties Project)Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
David Dayen's scorching analysis in *The American Prospect* calls it "embarassing":
prospect.org/justice/2025-09-0…
Dayen points out the many ways in which Mehta ignored his own findings, ignored the Supreme Court. Mehta wrote:
> This court, however, need not decide this issue, because there are independent reasons that remedies designed to eliminate the defendant’s monopoly—i.e., structural remedies—are inappropriate in this case.
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Embarrassing Ruling Allows Google to Maintain Its Search Monopoly
David Dayen (The American Prospect)Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
Which, as Dayen points out is literally a federal judge deciding to ignore the law "because reasons."
Dayen says that he doesn't see why Google would even bother appealing this ruling: "since it won on almost every point." But the DoJ *could* appeal. If MAGA's promises about holding Big Tech to account mean anything at all, the DoJ would appeal.
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Cory Doctorow
in reply to Cory Doctorow • • •Sensitive content
I'll bet you a testicle⹋ that the DoJ will not appeal. After all, Trump's DoJ now has a cash register at the reception desk, and if you write a check for a million bucks to some random MAGA influencer, they can make all charges disappear:
pluralistic.net/2025/09/02/act…
⹋again, not one of mine
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Pluralistic: All (antitrust) politics are local (02 Sep 2025) – Pluralistic: Daily links from Cory Doctorow
pluralistic.netCory Doctorow
in reply to Cory Doctorow • • •Sensitive content
If you're waiting for Europe to jump in and act where the US won't, don't hold your breath. Commission sources leaked to Reuters the EU is going to drop its multi-billion euro fine against Google because they don't want to make Trump angry:
reuters.com/legal/litigation/g…
Sundar Pichai gave $1m to Donald Trump and got a seat on the dais at the inaguration. Trump just paid him back, 40,000 times over. Trump is a sadist, a facist, and a rapist - and he's also a remarkably cheap date.
eof
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Mina
in reply to Cory Doctorow • • •Sensitive content
The EU commission is a bunch of spineless cowards.
And worse: Total amateurs when it comes to tactics. You don't feed the beast, you're supposed to fight.
I thought they were professionals at politics. It's their fucking job!
craignicol
in reply to Cory Doctorow • • •Sensitive content
Third spruce tree on the left
in reply to Cory Doctorow • • •Khleedril
in reply to Cory Doctorow • • •reshared this
Cory Doctorow reshared this.
Mopsi
in reply to Cory Doctorow • • •"Well, fuck.
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If you'd like an essay formatted version..."
Perfect 👌
May Likes Toronto
in reply to Cory Doctorow • • •Matthias Büchse
in reply to Cory Doctorow • • •Indeed 🙁
Also, as an EU citizen, I'm embarrased by the weakness of the Commission.
Solarpunklifer
in reply to Cory Doctorow • • •Interesting read and another reason to keep Google at arms length. When lawmakers are missing the goal it feels like consumer choice becomes all the more important.
One question though: Whose nuts are on the line?
Martijn Vos
in reply to Cory Doctorow • • •@Cory Doctorow
Can consumer organizations appeal this? Antitrust is supposed to protect consumer interests. This is explicitly punishing the consumer for something they have no control over.
Cory Doctorow
in reply to Martijn Vos • • •