AGENCE FRANCE PRESSE v. GOOGLE INC.
Filing
60
RULE 26b4 STATEMENT. (Attachments: # 1 Supplement Part 2# 2 Supplement Part 3)(Elgin, Jennifer)
<![CDATA[
AGENCE FRANCE PRESSE v. GOOGLE INC.
Doc. 60 Att. 2
Case 1:05-cv-00546-GK
Document 60-3
Filed 01/29/2007
Page 1 of 7
Page 103: It should also be noted that the number of click throughs
It should also be noted that the number of click throughs was significantly lower in the blurb version than in the headline-only version.
was significantly lower in the blurb version than in the headline-only version. In Google's News home page eyetracking report, the number of clicks recorded on titles & snippets (a.k.a. headlines and blurbs) was almost 400% greater than the number of clicks on titles without snippets. This contradicts Mr. Nesbitt's report.
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.
103
Page 103: 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. Once again Mr. Nesbitt asserts that users find Google News "complete and satisfying " without offering any data on the quality of their experience. He cannot know that they are satisfied without asking them.
Page 109: On a news page, the headline-blurb-image package is the
Some of the Nielsen/Norman Group research adds support in their testing of e-commerce sites.
action version of the e-commerce site. The task of reading news on a single web page cannot reasonably be compared to the multi-step process of a paying for an online purchase. To make such a comparison, one would have to equate watching a TV show to programming a VCR the first task is significantly less demanding and less goal-oriented than the second.
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.
109
Page 111: When the user reaches longer text items with bullets, the fixation concentration drops off.
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.
You need only read the text to determine why concentration drops off: most Vision &Values statements can't hold anyone's attention. User behavior is driven by a lack of interest in the content, not the nature of the formatting.
111
Dockets.Justia.com
Case 1:05-cv-00546-GK
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."
Document 60-3
Filed 01/29/2007
Page 2 of 7
Page 113: When crafted as well as the AFP blurbs, this is all the information that the reader will generally need or want. Mr. Nesbitt assumes that the quality of the editing satisfies users, rather than a lack of interest in the content to pursue it further. Once again, he assumes that users are satisfied without any data on their satisfaction. Moreover, the use of term "information" is ambiguous. The term "information" could refer to facts or the expression of those facts, or both.
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.
113
Pages 117120: Headline writing has become incredibly important
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.
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. With these examples, Mr. Nesbitt demonstrates the importance of headlines. But he also proves that it doesn't take a trained journalist to express the story of the Titanic. No reasonable person would describe it as "Ship sinks in the Atlantic," or "Boat sinks in ocean."
Just how important is a creative and informative headline? Look at the next few examples to get an idea.
Headline writing has become incredibly important today with readers and viewers reading fewer stories, and less of the stories they do read.
117
118
119
Case 1:05-cv-00546-GK
Document 60-3
of impertinence.
Filed 01/29/2007
Page 3 of 7
Pages 127-130: With these examples, Mr. Nesbitt exaggerates to the point
127
Pages 131134: Even in a major event where everyone was working with the same news, the difference in headlines is striking.
Even in a major event where everyone was working with the same news, the difference in headlines is striking.
Mr. Nesbitt claims that the difference in these headlines is striking. Even more striking is the remarkable similarity and lack of difference. These headlines demonstrate that newspapers continue to report news that is news to no one. There wasn't a single headline on Sept. 12, 2001 that provided new information, or information that was different in any substantive way the meaning was identical in every case.
131
Moreover, it's unreasonble to compare ordinary headlines, such as those that appear on Google News, with extraordinary news events that happen once in a lifetime.
132
133
Case 1:05-cv-00546-GK
b r ä s taks [ c o l l o q . ] n. details of i m m e d i a t e practical importance
Document 60-3
Filed 01/29/2007
Page 4 of 7
Brass Tacks Design
Biography Alan Jacobson has led Brass Tacks Design since 1992. Brass Tacks provides design, editorial, marketing, research, advertising and technical support to newspapers, magazine and websites worldwide. Jacobson has worked as a photographer, designer, editor, publishing systems analyst and project manager. He is a frequent leader of educational workshops for the American Press Institute and the Society for News Design. Awards Society for News Design Judges' Special Recognition for the overall design of five different newspapers in a single year. Jacobson is the only person to have received this distinction from the Society in its 27 years of competition. Education Bachelor of Fine Arts, Philadelphia College of Art and San Francisco Art Institute Employment The Woodbury Times, Woodbury, NJ; Staff photographer, 1977 The Morning Call, Allentown, PA; Staff photographer, 19781984 The Virginian-Pilot, Designer, 19841986 The Virginian-Pilot, Design director, 19861987 The Virginian-Pilot, Front page editor, 19871988 Landmark Communications, Design director, 19881992 Brass Tacks Design, President, 1992present Brass Tacks Design clients The New York Times American Press Institute Newspaper Association of America Sunday Star-Times, New Zealand St. Louis Post-Dispatch The Bakersfield Californian Yakima Herald Republic Crain's Detroit Business Seattle Post-Intelligencer The Hartford Courant The Birmingham News Santa Fe New Mexican The Dispatch, Brainerd, MN Republican American, Waterbury, CT The Daily Times, Wilson, NC Observer-Reporter, Washington, PA The Eureka Reporter, Eureka, CA The Virginian-Pilot, Norfolk, VA Sunday News, Lancaster, PA Daily Press, Newport News, VA The Republican, Springfield, MA The Patriot, Harrisburg, PA The Intelligencer, Doylestown, PA The Flagship, Norfolk, Virginia Benton County Daily Record, Bentonville, AR
Case 1:05-cv-00546-GK
b r ä s taks [ c o l l o q . ] n. details of i m m e d i a t e practical importance
Document 60-3
Filed 01/29/2007
Page 5 of 7
Brass Tacks Design
The Morning News, Pittsburg, Kansas North Adams Transcript, North Adams, MA Landmark Communications, Inc., Norfolk, VA North Carolina Publishing Company, Greensboro, NC Chattanooga Free Press, Chattanooga, TN Gaithersburg Gazette, Gaithersburg, MD The Seattle Times, Seattle, WA Southern California Community Newspapers, Compton, CA Print redesigns Sunday Star-Times, New Zealand's largest newspaper Idaho State Journal, Pocatello, ID St. Louis Post-Dispatch The Bakersfield Californian RepublicanAmerian, Waterbury, CT The Virginian-Pilot, Norfolk, VA Hartford Courant, Hartford, CT Santa Fe New Mexican Yakima Herald-Republic, Yakima, WA The Herald, Everett, WA The Eureka Reporter, Eureka, WA?Brainerd Dispatch, Brainerd, MN Southside Reporter, San Antonio, TX ReminderNews, Vernon, CT Wilson Daily Times, Wilson, NC Citrus County Chronicle, Crystal River, FL The Californian, El Cajon, CA News & Record, Greensboro, NC The Express Line, Norfolk, VA The Ledger-Star, Norfolk, VA The Birmingham News, Birmingham, AL Daily Press, Newport News, VA The Morning Sun, Pittsburg, KS Springfield Republican, Springfield, MA North Adams Transcript, North Adams, MA North Jersey Herald & News, Passaic, NJ Sunday News, Lancaster, PA Lancaster New Era, Lancaster, PA The Intelligencer, Doylestown, PA Observer-Reporter, Washington, PA Beaver County Times, Beaver, PA The Flagship, Norfolk, VA Stars & Stripes, Tokyo, Japan & Griesheim, Germany Benton County Daily Record, Bentonville, AR Las Vegas Review Journal The Enterprise, Davis, CA Online redesigns Jobs.phillyburbs.com Brasstacksdesign.com Onlinemediasolutions.com Classifiedexecutivetraining.com Sunshinetimes.com Wilsondaily.com
Case 1:05-cv-00546-GK
b r ä s taks [ c o l l o q . ] n. details of i m m e d i a t e practical importance
Document 60-3
Filed 01/29/2007
Page 6 of 7
Brass Tacks Design
Mydailyrecord.com Blognewsnet.com Observer-reporter.com Reynoldsatreno.com Alqarar.com Homepagesusa.com Youngaudiencesofva.com Workshop leader Newspaper Association of America The Poynter Institute American Press Institute Society for News Design New England Newspaper Association Southern Newspaper Publishers Association Inland Press Association Florida Press Association New York Press Association Southern Classified Advertising Managers Association Wyoming Press Association Minnesota Press Association Kentucky Press Association Virginia Press Association Pennsylvania Newspaper Publishers Association Ohio Newspaper Association Western Classified Advertising Association Published pages All 27 annuals published by the Society for News design since 1980 Print magazine Design magazine Published photographs Major newspapers and magazine worldwide, including The New York Times, The Washington Post, Time magazine, People magazine and American Photographer magazine Published stories Do big pictures miss the big picture by producing posters instead of useful newspaper pages? How TV books hurt newspapers by reinforcing the fear of change Design rides to the rescue of The Washington Post Critics of API's Newspaper Next don't get it Lies, damn lies and statistics: See the charts that show why now is time to redesign for revenue. New rules for newspapers How to sell more newspapers KR's experience in Phila. and San Jose suggests two new strategies for boosting readership and revenue Will the new NYTimes.com attract more visitors and advertisers? It's time to redesign the Society for News Design
Case 1:05-cv-00546-GK
b r ä s taks [ c o l l o q . ] n. details of i m m e d i a t e practical importance
Document 60-3
Filed 01/29/2007
Page 7 of 7
Brass Tacks Design
If newspaper markets are so different, why do most papers look so much alike? Why tabs won't play in the U.S.A. Prescription for boosting readership & revenue Does design matter to readers? What designers should be doing instead of chasing SND awards A redesign is a waste of time and money if it doesn't deliver a return on investment Poynter's Eye-Track research derailed Brass Tacks leads API's first hands-on, classified design workshop Online profits would disappear without print classifieds Big changes ahead for real estate classifieds A 3-step plan to save the classified franchise Newspapers are losing their classified franchise to competing websites Designer debunks myths Why America was shut out of the SND judging So you want to redesign your paper? Redesign of the St. Louis Post-Dispatch Online classified advertising Online newspapers: Where's the revenue? Maintaining the design at The Virginian-Pilot The publisher's perspective on the redesign of the Herald & News The designer's perspective on the redesign of the Herald & News New Jersey daily really downsized News & Record's new design tries to grab the young and restless Portland Press Herald draws on unusual inspiration for redesign
Sources for this report Photography: A Handbook of History, Materials, and Processes, by Charles Swedlund, 1974 Inside Reporting, by Tim Harrower, 2006 Poynter's Eye-Track research derailed, by Alan Jacobson, 2004 Report: AFP vs. Google, by Philip Nesbitt, 2006 Eyetrack III, by The Poynter Institute, 2004 Eyes of the News, by The Poynter Institute, 1990 News home page eyetracking, from Google by Kerry Rodden and Xin Fu, July 2006
Compensation I am paid $2000.00 per day for work on this case
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
