AGENCE FRANCE PRESSE v. GOOGLE INC.

Filing 56

RULE 26b4 STATEMENT. (Waite, Barbara)

AGENCE FRANCE PRESSE v. GOOGLE INC.

Report
versus A report prepared for Venable LLP December 2006
By Philip Nesbitt
Dockets.Justia.com

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Doc. 56

CONTENTS
Introduction Preface Perspective Perception Acuity Reality Testing 3 7 9 18 37 60 82 Creativity 116 Appendix A
Research, studies, etc.

136 139

Appendix B
Previous cases Compensation

Appendix C

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Biography, professional experience

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Introduction
Agence France-Presse, AFP, is an organization that generates and offers news, information, images, and graphics to paying clients throughout the world. AFP employs hundreds of reporters, writers, editors, photographers, graphic artists, technical and administrative staff, and media managers to accomplish this task. AFP has offices and bureaus throughout the world to gather raw information which is then written, or captured as images, edited and formed into news and informational articles with supporting images and graphics that are distributed electronically to its global clients.
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One form of electronic delivery to clients is the menu or "budget," which supplies a headline crafted for the story, a "blurb" of one to two sentences providing the essence or encapsulation of the full story or article and an image supporting the information presented. This is an evolving business model that has been successful for more than a century. Companies such as Agence France-Presse, The Associated Press, United Press International, Reuters, and Gannett News Service, among others, have supplied newspapers, radio, television, and now new media with the bulk of their news and information on events outside the local market.

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With the growing importance of new media and online delivery of information, news service clients have adapted their print, radio, or broadcast products for delivery on the Web. These clients still subscribe to their news services and select, edit, and disseminate news and information in a Web format that has increasingly become the sole source of news and information for a growing segment of the global population. Google, Inc., under its Google News label, has created a format whereby it electronically gleans material from other sites on the Web and, without editing, displays this information on the Google News Web site.

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This report will show that the three major items in contention ­ headlines, blurbs, and images ­ as an informational package is more than enough to satisfy most users.

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Preface
While there is a long, established understanding of reading mechanics in print media, the world of online media is the new "Wild West." However, the bulk of information from numerous new media studies points to new patterns readers or browsers use when accessing information on the Web.

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The major point of entry in print media is most often through an image, but some studies of Web pages show that 25 to 35 percent of users enter through a picture; the rest enter through text. However, many of these studies use samples where images are lacking and the predominant material on the page or site is text. Not surprisingly, the text is short, to capture the user's attention. Extrapolating information from a number of studies, it becomes clear that the combination of short text, e.g., "keyword" -laden headlines and a paragraph of a single thought (one to two sentences), coupled with an image, has a higher draw than either alone.

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Perspective
To understand how the use, by Google, of AFP generated material is identical to AFP use, it is necessary to go beyond the lack of physical or verbal changes in the material by Google and to understand how readers/viewers respond to text and images. What they see, how they see it, and what action they take is based on a number of fundamental responses on the part of the reader/viewer. Many of these basic responses start with our ability to read and visually comprehend in print. As we have moved into the digital age, these responses are not weakened but actually become stronger.
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The addition of visual elements to a page in large numbers is a relatively recent occurrence. The majority of news and information was delivered to the reader through text. In newspapers. as the major source of news and information in the 1900s, the importance of the text was paramount. The cost of engravings was prohibitive and the results were seen as superfluous.
10 Baltimore Sun, October 2, 1853

Even as late as the mid1960s, newspapers weren't convinced that pictures (halftones) were that important. However, with the growing influence of television, some newspapers saw images as the means to boost their competitive value in the marketplace, the advantage of immediacy having earlier eroded with the mass marketing of radio.

Baltimore Sun, August 5, 1965 11

Today, print media has fully embraced the concept of integrating visuals and text to capture the reader/viewer's attention. Through the use of the numerous variables (discussed later in this report), editors and designers attempt to create interesting, attention-getting, visual portals into the page and eventually the product. There has even been an attempt to recreate the web presence in print.
Baltimore Sun, September 29, 2005 12 (launch of a new design)

A new generation of print products has gone a step further, listening to readers through millions of dollars of research, most notably by the Readership Institute (Media Management Center, Northwestern University), and have changed their editing style to provide large numbers of "soundbites," shorter articles, and tighter writing.
Express, September 7, 2006 13

We are seeing a convergence of presentation style in both print and online. The Washington Examiner is just one example of a print newspaper that has moved to headline, images and a sentence as a "menu" on the front page.

The Examiner, December 1, 2006 14

The transition to other forms of delivery, while seemingly overnight, has been an evolutionary step in providing news, information, entertainment, advertising, pictures, and graphics to an audience who has quickly adapted and become comfortable with the new media. Delivery of this information to our cell phones and PDAs, science fiction 20 years ago, is a reality. However, the providers are still adjusting the model to improve the experience, the efficiency, and the ability to comprehend what has been delivered.

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iFOCOS, (formerly The Media Center at the American Press Institute) is just one of many organizations that see the future of news delivery as primarily digital.

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Perception
How we read, and perceive what we see, is based on a number of constants. The physio-mechanical process of reading has been well documented since the beginning of the last century. What has changed is the way we present material to an end user. As shown previously, the provider has gone from just text to the integration of text and visuals. It is important to note that the process of designing material on a page or a screen has a profound and direct impact on how and what the viewer sees and feels is important.

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The process of page or screen design is one of manipulation, whereby the individual placing elements on a platform can create areas of visual impact, visual pathways through the page or screen, and a strong hierarchical structure, if desired. A printed newspaper will require a stronger hierarchy than a web page in most cases. On the web we often play the various elements at the same level of importance, eliminating as much visual bias as possible.

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All things being equal, on a given platform, the Visual Pyramid applies.

The visual pyramid
1. Images 2. Graphics & Illustrations 3. Headlines 4. Large & Unusual Type 5. White Space 6. Color 7. Rules & Borders 8. Text
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In this example, the reader is drawn to the largest visual point on the page, the image. From this point, the reader's eye tends to move on to the next page. We will have led the reader away from the rest of the material at the top of the page. The designer has manipulated the viewer to a specific point on the page.

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In this example, we have manipulated the reader to move straight to the center of the page. By lifting the image, we have created a new, different area of visual impact.

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There is only one way to make text number one on the Visual Pyramid.

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The minute we add a picture, even the size of a postage stamp, the visual balance changes, and the image becomes number one.

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Changing the visual dynamic is easy. As seen in the next example, the picture has dropped to second place on the Visual Pyramid, the headline has become number one.

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The same principles apply to online or new media.

In the next example, the user has to search for the meaning of the content. The small line of type serving as a headline is of equal weight as the body of the text.

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With the addition of a stronger headline in the next example, the user is drawn to the strongest visual element and quickly understands the meaning of the content. The use of the headline tied to the text creates a visual package that is readily understood by the user.

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By adding an image the visual balance changes again, but not dramatically. The user still sees the integration of headline, picture, and text as a package.

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Something as simple as the addition of color to the image strengthens the visual impact, making it the strongest visual element on the screen, but it does not change the user's view of the package.

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Acuity
Size doesn't matter...that much. We are faced daily with seeing, understanding at-a-glance, and reading the content of elements around us that are small in size and rich in information.

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Many of us can read the brass insignia and quickly understand the first layer of information: Sergeant. We have to use our visual acuity to read the content of the insignia and understand that this is a Sergeant First Class - E7.

This small lapel pin we recognize as containing the National colors. Going beyond this level of information we see a red bordered rectangle with a blue star on a white field. To many Americans this represents the "Gold Star Mothers" organization and indicates that the wearer has a family member serving in a combat zone.

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At the first layer of information we recognize this as a postage stamp. To gain more and pertinent information, we look at the monetary amount the stamp represents, 37 cents. The next layer, the least important to many users, is what the image represents, in this case, Lewis and Clark.

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Having noticed that the stamp is worth 37 cents and today's postage requires 39 cents, I have to rummage through the desk drawer to find an even smaller stamp and read its value properly, 2 cents.

The next example is a magazine page of magazine pages. Each subordinate page is filled with content ­ information that may or may not be informative, helpful or useful. To discover that, we have to read the content of the individual pages on the page. As small as they are, it is still quite easy for us to read this content and comprehend. The nickel coin is another example of reading the content, 5 cents, but it is used here to provide a frame of reference regarding the size of the page and individual elements.
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This a a small format magazine page from National Geographic. On the page are three small pictures. Two, even at this size, are quite recognizable, an elephant, and some deep fried food that probably isn't good for us. The third image, while rich in content, leaves most of us scratching our heads, unable to decipher the content at any level, without the aid of a text explanation.
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Image variables determine perception
1. Resolution (high-low) 2. Content (complex-simple) 3. Size (large-small) 4. Crop (tight-loose) 5. Contrast

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Resolution

This example provides a visual demonstration of resolution. Most computer screens have a resolution of between 72 and 96 ppi, pixels per inch.
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8 ppi

This image, which appeared on the AFP site, shows the affects of resolution and our ability to easily read and comprehend the content. Both images are resolved to 8 pixels per inch. The top image was saved in the industry standard, .eps (encapsulated PostScript). The bottom image was then saved as a .jpg/.jpeg (joint photographic experts group). This is not a format but a compression algorithm that has the added benefit of "smoothing" on our screens.

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12 ppi

At 12 ppi, the image becomes clearer and many viewers can recognize the individual in the picture.

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24 ppi

At 24 ppi, the image becomes clearer still and many more viewers can recognize the individual in the picture.

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48 ppi

At 48 ppi, the image becomes clearer and sharper and most viewers can recognize the individual in the picture.

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72 ppi At 72 ppi, standard computer screen resolution, the image clear and almost all viewers can recognize the individual in the picture. At a resolution greater than 96 ppi, there is no visible change to the image. The file size gets larger but a 300 ppi image will look the same as a 72 ppi image. See the next examples
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72ppi .jpeg

300ppi .jpeg

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The other variables affecting our comprehension of image content are embodied in the next series of images. In each case, the image with the gold border represents the relative size or volume of the images used by AFP, Google, and the rest of the industry as "thumbnails." All of the images in this series are presented at 72 ppi resolution. In addition, all of the images in each series were sized to the same physical volume of 10in., 5in., 2.5in., 1in., and 0.5in on either the horizontal or vertical axis.

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Series A

Series A contains easily recognizable content for most Americans, the Capitol building and the American flag. A secondary layer of information is the flags at half-staff. The contrast ratio ­ the difference in color, tone, light and dark ­ between the foreground and the background is relatively low; both the Capitol and the sky are close to the same tone. Regardless, this image can be "read" even at its smallest size of 0.5 inch.

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Series B

Series B has more complex content for the viewer to read. While the first layer of information is easy for us to comprehend ­ an astronaut floating in space ­ the secondary layers of information take longer to parse. All of the equipment on the space suit, the reflection in the visor, and the position of the event above the earth require a longer fixation on the image than those in series A. Even down to the size of most thumbnails, the viewer knows immediately what he or she is looking at.

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Series C

Series C is what is called a "detail" or "iconic" image. The viewer doesn't need to see the entire body attached to the forearms and hands or the environment in which the image was produced to quickly and easily grasp the content. The content is simple and recognizable to a large portion of the global population. This image, even to the smallest size signals the viewer: gymnastics and the rings.

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Series D
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Series D is perhaps the most complex of the four. Any image containing the human face is read at many levels. Research shows that faces in photos draw viewers' eyes. We read for a sense of the individual, the mood (happy, hostile, sad, neutral, etc.), the situation in which the individuals find themselves, and clues to their identities. In this case, the two individuals are very well known, Prince Charles and Lady Diana. Once we have established the identity, we search for other cues. In this image the expressions tell us a lot, but it is the body language that provides a wealth of information, even at the smallest size.

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Reality
A huge volume of usability research conducted in the last decade have dealt directly with viewer response to web sites and web pages. MORI, Eyetools, Gallup, Poynter, Nielsen Norman Group, the U.S. Government, and a host of universities, among others, have been exploring how best to use this new medium of information delivery. Whether by survey or eyetrack, there are as many points of view as there are studies. There is a lot of contradictory information as a result of this research, many different interpretations of the data, and some outright dismissals, but there are a number of constants about how the online user uses the medium.
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It is clear that many of the tenants of print design are still valid, and just as many are not. That someone putting a web page together has the ability to influence how the viewer approaches the screen is not the question. It is rather, are the models now being expressed online working to the best advantage? A decade ago Dale Peskin, director of The Media Center, called it "another brave new world," and it still is. Much of the data used in this report is open to interpretation. It is the aggregate of this data that is not, and it provides a clear basis for the development of the solutions and conclusions. Whether it is fixation point, topographic representations, elements and order seen, or movement pattern and motivation (clicks), we can discern what the user perceives, assimilates, and uses, and often why.

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A considerable amount of usability research deals with headlines and headlines-with-blurbs. While there is ancillary study of the effect of images, the bulk of study points to the high position of images on the hierarchy of elements the viewer sees and uses on a Web page. Some sites have even gone to images as the main point of entry. The YumaSun.com site is just one example of how the image becomes the headline and draws the viewer to the element where they can read the overline for additional information.

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The AFP online catalog site uses one of two standard combinations seen on news sites: headline only or headline-and-blurb ­ both with or without images. Recent studies indicate that the viewers see the combination of the three elements as a package. The spatial relationship of the headline, blurb, and image reinforce the fact that they are related and go together.

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Google News uses the same approach as the previous AFP page; however, the material is presented in a denser form. Research has shown that the hyperlink underscoring used on the Google News page inhibits the viewer from reading the blurb. Based on this, viewers will read the headline, look at the image (if there is one), and move on. On the AFP site, the headline is hyperlinked but is not underscored, encouraging more readers to read the blurbs on AFP than on Google News. Thus, headlines, images and blurbs taken from AFP and presented as they are on Google News will result in more viewers just reading the headline and looking at the image, and NOT reading the blurb before they move on.
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The next two examples from the AFP site show a single integrated element: headline, image and blurb. With just those three elements, the hierarchy of viewing on a web page is often headline, image, and blurb. If the image is particularly striking or interesting, the hierarchy could instead be image, headline, and blurb. In all cases the blurb ­ which requires more effort and concentration ­ comes last if read at all. The first example shows the face of Al Gore. Many viewers would see the image before the headline. It is a face, and the face of someone we know. The second example is more complex: an American flag, a box, a hand with a piece of paper. Here most viewers would read the headline, which gives context to the image, look at the image, and then read the blurb.
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The Google News element on the next page is a good example of how viewers respond to the headline-image-blurb package. Anecdotally, I watched as a user opened the page, read just the headline, glanced at the picture, and stated that the shuttle liftoff was delayed. No additional information was necessary or sought. In this case the blurb remained unread and there was no follow through. The viewer had enough information at that moment.

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In print media the use of "soundbites" has been a staple for more than a decade, conditioning online viewers to expect the same efficiency. Often called "refer briefs," these are a short summary of the whole story, similar to the blurbs used online. In the following example, the reader learns, in one sentence, six different, yet related, facts about a "Tragedy."

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The six things we learn in one sentence: 1. There was a tragedy. 2. It involved a ferry. 3. The ferry capsized. 4. It was off the coast of Bangladesh. 5. It was in typhoon Khanun. 6. 864 passengers perished.

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The blurb is an online device similar to the print media refer brief. In this example from AFP, the viewer learns six separate but related facts.

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The six things we learn in the online version: 1. The event took place in Montenegro. 2. Montenegro is a country in the Balkans. 3. The ruling coalition is lead by the Prime Minister Milo Djukanovic. 4. The ruling coalition won the general election. 5. These were the first elections since independence. 6. Independence came in June.

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In one testing form using two different pages, one with headlines only and the other with headlines and blurbs, the number of "clicks" was low. In all examples the maximum unique click through was 52%.

One of the significant findings in this study was that blurbs boosted overall reading across the entire page. Only 49% of the participants who clicked a particular headline on the headline and blurbs homepage actually looked at the accompanying blurb. The other 51% never looked at the blurb, just the headline.
Eyetrack III, Headlines and blurbs

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There has to be the perceived benefit of increased information for those viewers reading blurbs. As we have seen, a very large amount of information can be crafted into a single sentence. The more information the viewer receives in the blurb the less likely they are to go to the full story unless: 1. They have an abiding interest in the topic or event, 2. There is a sense of proximity, 3. They can identify with the event or an individual, 4. The event deals with them or someone close to them,

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The AFP Styleguide specifies the "fact rich" nature of "intros" or blurbs, realizing that a better-crafted blurb, intro, or lead will get more readers and viewers involved. Below is an excerpt from the AFP Styleguide offering a better, easier-to-read-and-understand intro.

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Testing
Most of the acknowledged work in testing the usability of Web pages deals with eye tracking. The list of companies, foundations, universities, and colleges performing these studies is extensive. This report is based on a number of Web site eye track studies as well as survey method studies dealing primarily in the print media. Google conducts its own eye track research and sees it as a valuable testing tool.

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Eye tracking measures a large number of user data. Individual tracking sessions provide a visual map of the user's entry point on the page, the path of the eye (saccades), fixation points, and exit point. Fixation maps deal primarily with what elements on a page the user stops and spends time comprehending. Heat maps are a combination of individual tracking sessions, showing the percentage of users that fixate on certain parts of the page. These percentages are broken down by color with red/orange indicating that almost all participants halted their gaze, yellow indicating the more that half halted their gaze and blue/green representing less than half. In addition, many heat maps of Web pages indicate the position and number of "clicks" made by the participants.
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This individual session image represents the path the participant's eye followed through the page.

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This fixation map shows the number of total participants' points of fixation on various elements on the page. The larger the dot, the longer the time spent at that point.

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This heat map of the "golden triangle" shows a very large concentration of total participants fixating on the upper left corner of the Google search engine page. The purple "X" indicates a user click at the position shown.

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This research supports AFP's contention that the use of their material by Google in Google News is the same use as AFP. In addition, this research shows that in most cases, the AFP material, as a self-contained unit, is more than enough information for the user. The research indicates that the number of "click throughs" to the full length story or article seldom reaches 50% of the users, and is often far lower.

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In the following two examples from Eyetrack III, the two pages differ in the way that the information is presented to the viewer. In the first example, the headline and the blurb text is small, as are the topic titles. In the second example the headline, blurb and title text is larger. Both pages have headlines only at top, and headlines and blurbs at the bottom of the screen. In both cases, the headlines and blurbs are presented in a similar format to AFP and Google News.

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As the heatmaps show, there is a high concentration of user fixation on the headlines, more so on the smaller type version. We also see more "click throughs" in the smaller type version. Still, in this example, only 24% of the participants clicked in the upper right area of headline news, regional, and sport. In the larger-type version, only 9% of the participants clicked through to the full story. In both cases, almost 100% viewed the headlines but fewer than one quarter clicked for additional information.
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There are two primary reasons for the low number of click-throughs. One, the information needs of the viewer were already satisfied; and two, the topic or event was of little or no interest to the viewer. For those participants who clicked for the full story, there was higher interest and a desire to know more ­ still, in both cases the highest click-through number was 24%. Google's own data shows a surprisingly low clickthrough rate. In its documents, Google shows the click through for "US Sections" averaging 0.08%, "Sports" averaging 0.09%, and "Images" averaging 0.09%. This data was for the period March 1-7, 2005.

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The next two examples were used in the study to track the differences between a page with headlines only and headlines with blurbs. As can be seen in the first example, headlines only, there was a high concentration of user fixation on the headlines, especially in the first screen, and only 33% unique click throughs were recorded. In the second example, headlines and blurbs, the highest concentration of fixations were on the sex offender story. However, in the same geographic area of the page, there were only 21% unique click throughs reported. With more information supplied by the blurb, fewer readers felt the need to go to the full story for additional information.

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The second screen area of the headline-only version contained business, entertainment, and technology headlines. Less than 50% of the participants fixated at this point, with 11% unique click-throughs.

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In the second screen area of the headline and blurb version, the overall fixation was more than 50% and the unique click-throughs totaled 1%. Again, those elements with a combination of headlines and blurbs saw higher fixation a fewer click-throughs. The viewers, in extracting information from the blurbs, felt satisfied with the information contained in the headline and blurb.

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One of the Findings in this study was that the blurbs encouraged reading and scrolling on the test pages, e.g., more of the headlines and blurbs on that page were read. The Finding also noted that the test subjects spent 70 seconds on average viewing the blurbs page and only 51 seconds viewing the headlines-only page. The authors went on to say, "It's interesting to note that even if we adjust for the fact that more scrolling occurred on the blurbs page, there still exists a marginally statistically significant difference in the degree to which the headlines + blurbs combinations are read more."

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It should also be noted that the number of click throughs was significantly lower in the blurb version than in the headline-only version. This relates to AFP's assertion that viewers are using their material, as presented by Google News, as a complete and satisfying source of information in the majority of instances.

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The next example was used in the study to determine the effect of headline size. However, for the purposes of this case, it provides a unique look at a page closely resembling AFP's news site and Google News. The entire "editorial" content of the page is made up of headlines and blurbs. There is a high concentration of viewer fixations in the first screen area, but what is more important, is that there are only 12% unique click-throughs to the full text.

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Measured in a different way, Cornell University is working on a 3D mapping technique for tracking the usability of Web pages. The following example is a test of the CNET page, showing the concentration of views. The largest concentration is at the top, with the image-headline-blurb combination. The second largest concentration is with the larger headline-blurb combinations, and finally the smaller headline-blurb combinations.

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Below is a live page from CNET. It contains images and uses the headline-and-blurb format to hyperlink to the story.

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Some of the Nielsen/Norman Group research adds support in their testing of e-commerce sites. The next example shows a check-out page for a company named Kiehl's. The user getting to this point in an e-commerce purchase has a very focused mission: paying for purchases. While we don't know the click-through rate for this page, we do see a high user fixation concentration on the information/action areas of the page. On a news page, the headline-blurb-image package is the action version of the the e-commerce site.

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In this site for Burlington Northern and Santa Fe Railroad, notice that the high fixation concentration is on the first set of bulleted items ­ similar to blurbs in the AFP and Google News sites. When the user reaches longer text items with bullets, the fixation concentration drops off.

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Jakob Nielsen released the results of a 232-user survey in April 2006. In that study his group determined that the overall pattern of Web page viewing was an "F," with the caveat: "The F viewing pattern is a rough, general shape, rather than a uniform, pixel-perfect behavior." As an implication of the importance of this pattern, Nielsen added, "The first two paragraphs must state the most important information. There's some hope that users will actually read this material, though they'll probably read more of the first paragraph than the second." So it is that the one or two sentence blurb will have more reading users than with the additional text. When crafted as well as the AFP blurbs, this is all the information that the reader will generally need or want.
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Two final observations from the Eyetrack III study that bear some consideration. 1. When participants encountered a story with an introductory or summary paragraph, 95% of them read all or part of the introductory paragraph. 2. Overall, the test subjects who spent the most time with a story's introduction (or summary paragraph) spent the smallest amount of time with that same story's body text.

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Creativity
"The news is the first draft of history."
Phil Graham

That first draft is often heralded by a headline. Of 20 universities and colleges with journalism programs surveyed, all 20 had courses in headline writing. ACES the (American Copy Editors Society), many state and regional press associations, and even individual newspapers give prizes and awards for headline writing each year.

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Headline writing is an art, often completed on deadline. The writers, often copy editors, try to embody the essence of the news story in a few words that will, excite, interest, and entertain the reader, and draw him or her into the text. Headline writing has become incredibly important today with readers and viewers reading fewer stories, and less of the stories they do read. Just how important is a creative and informative headline? Look at the next few examples to get an idea.

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Or, in a more modern context...

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Even in a major event where everyone was working with the same news, the difference in headlines is striking.

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Appendix A
List of research, abstracts, papers, publications studies, and experts used to compile this report
Eyes on the News (Eyetrac I) Dr. Mario Garcia, Dr. Pegie Stark, Poynter Institute for Media Studies, The Gallup Organization, 1990 Eyetrac II, Stanford University and the Poynter Institute for Media Studies, 1998 http://www.poynete extr a.org/et /i/ht m Eyetrac III, The Poynter Center, The Estlow Institute, Eyetools, 2004 AFP Styleguide AFP MMD Styleguide Visual Perception: Gestalt Laws, San Diego State University. http://coe.sdsu/eet/Articles/visualperc1/ Prioritizing Web Usability, Jakob Nielsen, Hoa Loranger, 2006 Jakob Nielsen papers: How users read on the web, 1997 Applying writing guidelines to web pages, 1998136136 Eyetracking study of web readers, 2000 F-Shaped pattern for reading web content, 2006

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Eye Tracking in Advanced Interface Design, Robert J. K. Jacob, Human-Computer Interaction Lab, Naval Research Laboratory Using eye tracking to compare web page designs: A case study, Agnieszka Bojko, Journal of Usability Studies, 2006 Hotspots and Hyperlinks: Using eye-tracking to supplement usability testing, Mark C. Russell, Usability News, 2005 Eye scanning of multi-element displays: II Saccade planning, John M. Findlay, Valerie Brown, 2005 8/21-8/26 News Usability Study: Executive Summary, Google, Inc. News Home Page Eyetracking, July 2006, Kerry Rodden and Xin Fu, Google, Inc. News Search Data, 2005, Internal documents, Google, Inc. Various internal e-mails (relating to Google News) 2005-2006, Google Inc. Precise Dayparting formula eludes news site publishers, Pete Wetmore, Newspaper Association of America, 2004 How to make sure your visitors read what you write! A lesson from journalism 101, Jens du Plessis, Internet Marketing Business School 2004 Power Users Plus: Media Shifts, Readership and Replacement Issues, Digital Edge Report, New Media Federation, Newspaper Association of America, 2004 Designing the Page, The Philosophy of Design, Phil Nesbitt, 1995-2006 Readership Institute, Media Management Center, Northwestern University, series of readership studies, 2002-2006

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Experts: Richard Curtis, Managing Editor Photo and Graphics, USA Today Larry Russell "Rusty" Coats as director of new media for MORI Research (presently General Manager, Tampa Bay Online) Richard J. Beckman, Professor Journalism / Mass Communication, the University of North Carolina James H. Kenney, Associate Professor, Journalism and Broadcasting, Western Kentucky University

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Appendix B

Previous cases: Expert witness in an arbitration case, the International Typographers Union (ITU) versus the Birmingham News, 1987

Present compensation: I am presently paid $200.00 per hour for work on this case

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Appendix C
Biography
Phil Nesbitt Phil Nesbitt currently consults with media and publishing organizations throughout the world on editing, newsroom management, design, photojournalism, advertising principles and design, color, graphics technology, and the future of publishing. He has consulted with, restructured, and redesigned more than 40 newspapers and magazines around the world. He has been involved with print media for 39 years, beginning with weekly unit tabloid newspapers, and from 1976 to 1981, he was chief of the U.S. Army's newspaper program. Prior to launching his consultancy in Oakton, he was Associate Director of the American Press Institute for three years, after returning to the United States after eight years from his international consultancy based in Adelaide, Australia. Before going on his own, he was Assistant Managing Editor (Design) at The Record, Bergen County, New Jersey, which he joined in 1986 after spending two years in Singapore as Managing Editor (News, Systems and Graphics), and corporate consultant to the Singapore Monitor and Singapore News and Publications, Ltd. Before that he was Assistant Managing Editor, photo and graphics, at the Chicago Sun-Times. Mr. Nesbitt has been a reporter, weekly newspaper editor and bureau chief. He has been a discussion leader with the American Press Institute since 1980, focusing on news and graphics management, design and typography; and with the Poynter Institute for Media Studies on newspaper design. He has also taught editing and publishing at Loyola University in Chicago. Past president of the international Society for News Design, Mr. Nesbitt has been a speaker at such organizations as the American Press Institute, American Newspaper Publisher's Association, ANPA Technology Symposium, Pacific Area Newspaper Publisher's Association, IFRA - The International Association for Newspaper and Media Technology, AIC on publishing and pre-press technologies, News Corp, Scripps-Howard newspapers, Ottaway Newspapers, The New England Press Association, The Southern Newspaper Press Association, Graph-Expo, various state and regional press associations, and various universities and colleges.

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Mr. Nesbitt has been a judge for the Associated Press Newspaper Competition, The Alaskan Press Club Design Competition, The Society of Newspaper Design, The Society for News Design, Suburban Newspaper Association, The Pennsylvania Newspaper Publisher's Association, Fuji International Photographers Award, the Association of Alternative Newspapers, the Catholic Press Association and Gannett Newspapers. His experience includes nine years of reporting, editing and consulting while living in Europe and ten years of editing and newspaper management in Asia, the U.S and Latin America. He has conducted more than 250 training sessions and seminars in U.S., Europe, and Australasia.

SUMMARY OF PROFESSIONAL EXPERIENCE · Independent Consultant 1985 ­ Present · American Press Institute, Associate Director 1997 ­ 2000 · The Record (Bergen County, NJ,) Assistant Managing Editor 1986 ­ 1988 · Singapore Monitor, Managing Editor 1984 ­ 1986 · Loyola University (Chicago, IL), Adjunct Professor 1982 ­ 1984 · Chicago Sun­Times, Assistant Managing Editor 1981 ­ 1984 · American Press Institute, Discussion Leader 1980 ­ Present · US Department of Defense, Chief of Army Newspapers 1977 ­ 1981 EDUCATION & PROFESSIONAL ASSOCIATION SUMMARY · University of Maryland, Electrical Engineering · Pacific Area Newspaper Publishers Association · American Newspaper Publishers Association · International Association for Newspaper and Media Technology · New Zealand Magazine Publisher's Association · International Society of News Design ­ Past President · Australian Press Gang LANGUAGES · Bilingual, English/German (some Flemish and Spanish) TEACHING · Adjunct, Loyola University, Chicago 1982-84: Editing and Publishing honors course

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PUBLISHED WORKS · Crisis Journalism ­ A handbook for Media Response (9/11/01) · News in Color for Print Professionals · Typography and the Macintosh · News in the Digital Age · The Digital Newspaper Designer · Newspaper Focus Groups -- Fact and Fantasy · The Philosophy of Design (a series of 12 booklets on design) · Design chapters for journalism text, Deakin University, NSW

Media works: Articles and interviews (among others) ASNE Bulletin Australian Creative The Chicago Reader Design ­ the Journal of Newspaper Design Editor & Publisher European Stars & Stripes PANPA Bulletin (Pacific Area Newspaper Publishers Association) PressTime Radio and Television: Australian Broadcasting Company (National Radio) Australian Television-9 BRT-1 (Belgium) American Broadcasting Company Canadian Broadcasting Company West Deutsche Rundfunk Newspaper Satellite Network

Seminar Speaker (among others): AIC Australisian Pre-Press Conference American Newspaper Publishers Association TEC (now NEXPO) American Press Institute Associated Press COMTEC Editor & Publisher Interactive Fairfax Newspapers IFRA The International Association for Newspaper and Media Technology Gannett U/USAToday Interactive Newspapers Conference `97 Magazine Publishers Association (NZ) Maryland-Delaware-D.C. Press Association New England Press Association New Jersey Press Association Pacific Area Newspaper Publishers Association Pacific Area Print Symposium (PAKPRINT) Poynter Institute for Media Studies

Rural Press Online Interactive `97 (New York) Society of Newspaper Design Southeast Asian Journalists Association Southern Newspaper Publishers Association U.S.Army Virginia Press Association University seminars: Adelaide University Ball State University Columbia University Scholastic Press Association Deakin University University of Missouri-Columbia Corporate consulting clients (among others): Agfa, A.G. American Press Institute Apple Computer, Australia A. H. Belo Inc. Chesapeake Publishing Company

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Corporate consulting clients continued: Clemenger BBDO Advertising CPM&S Group of Companies Fuji Film Fuji-Xerox Gannett Newspapers, USA Het Volk, Belgium Independent Newspapers Limited, NZ Infotex N.V., Belgium Magazine Publishers Association of NZ Massachusettes Institute of Technology Multimedia Newspapers, USA North Jersey Media News Corp Limited, Australia Owen Smith Associates Ottaway Newspapers, USA Scripps Howard Newspapers, USA Singapore Press Holdings Limited Singapore Telecom Systems Education, Ltd. VUM (Vlaamse Uitgeversmaatschappij), Belgium Wilson and Horton Limited, NZ Publishing clients (among others): The (Melbourne) Age - Australia Barrignton Press - IL Chesapeake Publishing Company, MD The Christchurch Press - NZ The Dominion - NZ El Diario La Prensa - NY El Universal - Mexico Het Nieuwsblad - Belgium Het Volk - Belgium Intelligencer Journal - PA Lancaster Sunday News - PA Nelson Mail - NZ

Publishing clients continued New Haven Register - CT New Zealand Herald - NZ News & Record, Greensboro, NC The (Adelaide) News - Australia Singapore Monitor - Singapore Southland Times - NZ USA Today - VA Waikato Times - NZ Wellington Evening Post - NZ Zocalo, Piedras Negras, Mexico

Newspaper Redesigns The Australian, Australia Beverly Times, MA Chicago Sun-Times, IL... The Christchurch Press - NZ Country - Australia El Diario La Prensa, NY The Dominion - NZ The Independent, NZ Intelligencer-Journal, PA Lancaster New Era, PA The Loudoun Times Mirror New Haven Register, CT New Zealand Herald - NZ MIT TechTalk, MA Nelson Mail - NZ The News & Record, NC . The News & Views - Australia Het Nieuwsblad - Belgium The NorthWest Star - Australia The Adelaide News - Australia The Oklahoman, OK Peabody Times, MA The Press Republican, NY The Pocono Record, PA The Record, NJ Record Observer, MD The Reston Times, VA Singapore Monitor Southland Times - NZ The Star Democrat, MD The Sunday News, PA Times-Record, MD El Universal - Mexico Het Volk - Belgium The Waikato Times, NZ The Winchester Star, VA

Daily Circ. 230K Daily Circ. 22K Daily Circ. 684K Daily Circ. 112K Wkly Circ. 9K Daily Circ. 45K Daily Circ. 31K Wkly Circ. 18K Daily Circ. 45K Daily Circ. 42K Wkly Circ. 22K Daily Circ. 92K Daily Circ. 112K Wkly Circ. 8K Daily Circ. 18K Daily Circ. 90K Wkly Circ. 7K Daily Circ. 67K Daily Circ. 9K Daily Circ. 18K Daily Circ. 197K Daily Circ. 16K Daily Circ. 20K Daily Circ. 20K Daily Circ. 176K Wkly Circ. 3K Wkly Circ. 18K Daily Circ. 85K Daily Circ. 15K Daily Circ. 17K Daily Circ. 100K Wkly Circ. 3K Daily Circ. 121K Daily Circ. 44K Daily Circ. 22K Daily Circ. 26K

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