Rockstar Consortium US LP et al v. Google Inc

Filing 92

MOTION for Leave to File A Supplemental Brief In Response To Googles Motion To Transfer In Light Of Newly-Acquired Evidence by NetStar Technologies LLC, Rockstar Consortium US LP. (Attachments: # 1 Text of Proposed Order Granting Motion for Leave to File a Supplemental Brief In Response to Google's Motion to Transfer in Light of Newly-Acquired Evidence, # 2 Supplement Plaintiffs' Supplemental Brief In Response to Google's Motion to Transfer, # 3 Affidavit of Amanda Bonn In Support of Plaintiffs' Supplemental Brief In Response to Google's Motion to Transfer, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30)(Bonn, Amanda)

Exhibit 29

Engine sells results, draws fire - CNET News

11/1/13

CNET News
June 91, 1996 5:00 PM PDT

Engine sells results, draws fire
By CNET News.tom Staff [mailto:letters@ news.tom?subject =FEEDBACK:
Engine sells results, draws fire]
Staff Writer, CNET News
How objective are the results you get when you go to your favorite search engines?
That’s the question raised by a new Open Text Index
[http ://index.opentext.net/l search engine that recently began selling Web sites
"preferred" status in its index so that their site is more likely to show up in results.

Search engines allow users to query vast indexes of Web sites to locate information, but
they often generate dizzying amounts of data that can be overwhelming. Many engines
uses "relevancy rankings" that attempt to indicate how relevant the result is to the
query. Web publishers, on the other hand, want search engines to help their sites rise
above the sea of results, relevant or not.
Open Text is offering to help those publishers by allowing them premium slots in its
search engine without requiring them to buy more expensive advertising banners.
Under the company’s Preferred Listing
[http:!!www.opentext.com!omw!preferred c.htmll service, a merchant that
sells personal computers online, for example, could ensure that its Web site appears as
the top listing in searches for the terms PC and computer.
The approach has already created controversy since a marketing representative for
Open Text posted information about the service on an email broadcast list. The
information later ignited a debate in a separate email discussion group, called OnlineNews
[http :!!www.social.com!social!h_vpermail!news!online news!current!ol o5.h
tml]_. Open Text supporters say that search engines aren’t obligated to maintain
editorial objectivity in the same way that journalists are.
"Everybody expects The Neu~ York Times [http://www.nytimes.com/l to
adhere to journalistic integrity, but I don’t think it should be anyone’s expectation of a
search engine on the Internet," said Rosalind Resnick, president of Net software and
marketing company NetCreations ]http :!!www.netcreations.com!l.
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11/1/13

Open Text, which also sells off-the-shelf search engine technology to businesses,
defends its practice because Preferred Listings clearly flags paid-for entries with special
icons and mixes non-paid Web sites with the preferred ones. The company compares
the service to the phone company’s yellow pages in that both are comprehensive listings
that give bigger ads and more prominent placement to advertisers who pay for the
privilege.
"This service was in response to market demand. I have so many people calling me
saying, ’Can we pay you to be in the top-ten results?’ Eighty-five percent of our users
will only look at the first ten results of a search," said Lilly Buehwitz, marketing manager
for Open Text Index. "I’ve had some people say we’re compromising our integrity, but
it’s exactly like the yellow pages."

But at least one other Net search engine says that comparison is not entirely accurate.
"Open Text Index represents itself to reveal Web sites in a relevant order. With the
yellow pages, listings are delivered alphabetically. There’s no illusion there," said Bob
Davis, CEO of Lycos [http://www.lycos.com/|. "To me, this damages the integrity
of the search service. This is like librarians putting books on the end [of a bookshelf] if
you pay her some extra money. We would not do it with Lycos."
Other industry observers see the Open Text service as being akin to advertorials, the
paid-for promotional stories that adorn magazines.

"A real danger comes when you start mixing advertising in with your editorial," said
Margie Wylie, editor at industry newsletter Di_~ital Media
[http :!!www.di_~nedia.com!1. "While it might be cheesy, it’s not entirely
deceptive. That division between editorial and advertising is more important on the
Web than ever. If you lose your credibility, you lose your stock in trade because you’re
selling information."
Related stories:
Oracle, CMP to launch search engine
[http :!!www.cnet.com!News!Item!o,a,1283,oo.htmll
Yahoo searches for TV niche
[http ://www.enet.eom/News/Item/o,4,1584,oo.html|
Another engine takes ads by the click
[http://www.enet.eom/News/I t em/o,4,1387 ,oo.html|
New ad model charges by the click
[http ://www.enet.eom/News/Item/o,4,1199 ,oo.html]
Yahoo retracts unlisted home addresses
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Engine sells results, draws fire - CNET News

[http ://www.cnet.com/News/It em/o,4,1185,oo.ht ml]
Lycos gives users maps for searches
[http ://www.cnet.com/News/It em/o,4, ~ ~ 65 ,oo.html]
Yahoo revs up its search engines
[http://www.cnet.com/News/I tem/ o,4,1 o68,oo.html]

I3
@CBS Interactive. All rights reserved.

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