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Googlespeak – How Google limits thought about antitrust

954 points| cyrusshepard | 4 years ago |zyppy.com

298 comments

order
[+] tytso|4 years ago|reply
When I was at IBM 15 years ago, IBM was far from being a monopoly, since there were plenty of competitors in the hardware space (HP, Sun, Dell, etc) and in the software space (Oracle, SAP, etc.) and in the Services space (Accenture, PwC, KPMG, etc.) employees still had to complete annual legal training that was very similar to what was described in the post.

Any large company with half-way competent legal counsel is going to tell their employees not to say, "our goal is to crush our competitors, dominate the market, and hear the lamentation of their women." Instead they will tell their employees to focus on making life better for their customers. It's a much healthier way for product managers to focus, and what you might do if the goal is "crush/dominate the competition" is *not* the same than if the goal is delight the customer. So it's not just a messaging strategy to prevent embarassing e-mails from coming out at trial; it's a business strategy, too.

[+] kens|4 years ago|reply
> 15 years ago, IBM was far from being a monopoly

I think some historical background is necessary here. Nowadays IBM isn't a monopoly but during the 20th century, IBM was more or less a monopoly. IBM's antitrust problems go back to their 1936 consent decree and 1956 consent decree. IBM was subject to a huge antitrust case that went on from 1969 to 1982 as well as many other antitrust lawsuits.

The first point is that of course IBM and other at-risk companies will have training to keep people from writing things that will cause antitrust problems. (Their antitrust case had 30 million pages of discovery.)

Second, antitrust cases hinge on the "market" (as a legal term), so it's not surprising that Google wants employees to avoid using that word. In an antitrust case, each side will argue over what is "the market", and you don't want to lose the case because of a random email discussing the "market". Google's recommendation to say "Area" instead of "Market" hardly limits thought, but it makes a big different in antitrust.

Third, I don't want to go all CLS, but antitrust law is pretty much incoherent and illogical. Even after the antitrust case against IBM ended (by fizzling out after 13 years), nobody agrees on whether IBM was violating antitrust laws or not.

[+] deathanatos|4 years ago|reply
This is such an uncharitable interpretation of the training materials. The material there is not saying "if you want to speak about things that raise antitrust concerns, use this coded language", it's saying "don't do these things, and just focus on building a good product".

Like, the thing here that really boggles my mind: if the training materials had said literally the exact opposite of what they do: "crush the competition, find ways to prevent competitors from competing fairly with us" etc. — someone like the author would write an article vilifying them. (And rightly so.) So the company instead says "focus on our product; competition is good and okay" and … they're vilified for it. Damned if they do, damned if they don't.

By this article's twisted logic, any company focused on their product is just engaging in newspeak for thinly veiled anti-competitive behavior. Or is it just if Google does it?

(It kills me to argue this, since I think normally these threads/articles spawn good debate about the size and scope of FAANG. But… this one is ridiculous.)

[+] makeitdouble|4 years ago|reply
Accusing interpretations of being "uncharitable" feels really odd when we're talking about communication training material. It's not some Slack thread taken out of context, we're reading quotes from reviewed and crafted material.

Also I don't see how changing "Cut off competitors' access to target" to "Integrate target with Google" matches your idealistic view of "focus on our product; competition is good and okay".

They basically acknowledge competition will be crushed, and are asking for appropriate communication to avoid troubles. It makes sense from Google's point of view, but I don't see why we should be advocating for them in any way.

[+] krsdcbl|4 years ago|reply
But it is not training material that tries to convey "focus on the product".

It's literally communication guidelines of a profit oriented company dominating it's market in a monopolistic way that says "avoid talking about market or market share, this is bad"

The only way to have a "charitable" interpretation of this is to partake in their game, imho.

[+] audunw|4 years ago|reply
Whether it is charitable or uncharitable depends on your subjective interpretation of the intent of the training material. But I think the focus on not talking about market share is a huge sign that this material is not written with good intentions. That makes very little sense.

If the material was written exactly the opposite, it'd almost make more sense, most companies want a high awareness of their market share... unless they're worried about being hit with an anti-trust case.

And so, when it comes to banning phrases like "crush the competition" it's not that rule alone which is worrying, it's the whole package.

Your argument is also a bit flawed, in that the alternative isn't training material that encourages talking about "crushing the competition". The realistic alternative is that the training material wouldn't have to mention it at all. Either because the company doesn't have a problem with that kind of culture, or because the company isn't close to being a monopoly, such that talking about "crushing the competition" would just be interpreted as healthy competitiveness.

[+] Yizahi|4 years ago|reply
To simplify - if the actions of an entity are bad (or perceived as bad), then whether they are saying truth about those actions or lies - DOESN'T MATTER AT ALL. So yes, indeed, Google will be damned whatever they say, as long as their actions stay the same.
[+] Razengan|4 years ago|reply
> This is such an uncharitable interpretation of the training materials. The material there is not saying "if you want to speak about things that raise antitrust concerns, use this coded language", it's saying "don't do these things, and just focus on building a good product".

That is a very charitable interpretation of the training materials.

[+] dennisblue|4 years ago|reply
I disagree.

When I was at IBM 15 years ago, IBM was far from being a monopoly, since there were plenty of competitors in the hardware space (HP, Sun, Dell, etc) and in the software space (Oracle, SAP, etc.) and in the Services space (Accenture, PwC, KPMG, etc.) employees still had to complete annual legal training that was very similar to what was described in the post.

Any large company with half-way competent legal counsel is going to tell their employees not to say, "our goal is to crush our competitors, dominate the market, and hear the lamentation of their women." Instead they will tell their employees to focus on making life better for their customers. It's a much healthier way for product managers to focus, and what you might do if the goal is "crush/dominate the competition" is not the same than if the goal is delight the customer. So it's not just a messaging strategy to prevent embarassing e-mails from coming out at trial; it's a business strategy, too.

[+] BiteCode_dev|4 years ago|reply
Your comment shows that it works, exactly like the article says it does.
[+] B-Con|4 years ago|reply
Every now and then I'm reminded of a) how much of HN has never worked for a large company, and b) how unfamiliar much of HN is with common business and legal practices.

Too many thought leaders masquerading as engineers.

[+] skybrian|4 years ago|reply
This is about being careful what you put in writing, because the discovery process for lawsuits will find your carelessly written email and opposing lawyers will take it out of context, and do you want to end up in court years later explaining what you meant?

Google has so many employees that they need training to limit the damage from random chatter and speculation.

It’s more cumbersome to have to talk about some things via video chat, but it’s not about limiting thought.

[+] titzer|4 years ago|reply
They also have a corporate email policy where mails get auto-deleted after 18 months, unless you apply labels or are on a litigation hold (which would make such policy completely illegal). The email policy has no other purpose than to limit legal exposure. There is no legitimate business reason for that policy. In fact, it actively harms institutional memory and is frankly Orwellian, IMHO.
[+] Johnie|4 years ago|reply
Many large companies have the same policies/training for this very reason. You do not want to put something in writing that could potentially appear on the front page of the Wall Street Journal.

The training/policies just codify that.

[+] sa1|4 years ago|reply
It might not be intended to limit thought, just to avoid liability, but does it limit thought anyway?
[+] eawoifjaiowepfj|4 years ago|reply
> discovery process for lawsuits will find your carelessly written email and opposing lawyers will take it out of context

I don't work for Google or have much of an opinion on "Googlespeak".

However, that the practice of law is allowed to exist in its current state is an indictment on our society. The legal profession is one that polices itself, has no proper oversight (judges are just lawyers with a more refined superiority complex), raises barriers to entry with a level of zeal only matched by medicine (to which it is not actually comparable), and is also allowed to maliciously and limitlessly wield this power over the people who do real work is a foundational problem with governmental design.

[+] _nalply|4 years ago|reply
A hard-of-hearing friend of mine got tired listening to videos. He told me that he sneakily ran speech-to-text software and read the text in a separate window.

In a different vein, when I was younger I didn't understand why people preferred phoning.

I as a Deaf engineer rely on written communication. This exposes myself and people communicating with me to «showing what has been said». I am sure that in my career I missed some important information just because people weren't willing to create a persistent record of communication.

My friend «solved» this problem, but I am sure his interlocutors would be miffed if they knew that.

[+] pyrale|4 years ago|reply
From don't be evil to don't leave a paper trail...
[+] CPLX|4 years ago|reply
This is what’s known as a Stringer Bell warning[0] and it doesn’t reflect well on the organization who has to make it this aggressively.

Yes, it stands to reason that if you’re engaged in a potentially unlawful conspiracy you need to be careful what you put in writing.

However if this is coming up constantly and prevents you from using common sense words for your regular business operations then it’s a pretty clear red flag that your actions may be subjecting you to legal liability.

[0] https://youtu.be/pBdGOrcUEg8

[+] ohazi|4 years ago|reply
No, that's just a convenient excuse.

The other side of "Be careful what you put in writing because lawyers, lol" that is always ignored is:

"If you think we need to dress up the way we talk about this one particular thing we're doing, then maybe we should reevaluate whether we should be doing this thing. If you think we need to dress up the way we talk about literally everything that this company does, then maybe it's time to step back and reevaluate the ethics of what this company stands for."

A company is a machine that is going to do whatever it can to print money, including brainwashing its employees. You and your colleagues are the only entities capable of ethical reasoning. The company and its executive functionaries are not going to do this for you. In fact, they're more likely going to try and stop you.

It's your responsibility to do it anyway.

[+] AlbertCory|4 years ago|reply
I was in Google Ads from 2008-2010. At that time, there was a limit of 3 top ads and 8 right-hand-side ads. The top ads generated the vast bulk of the revenue.

They were also in blue or yellow (I forget which, but one was WAY more lucrative than the other!) so it was very easy for the user to distinguish an ad from a search result.

I just did the canonical $$$ search "flowers" on my Macbook. The entire first page was ads and they are not colored anymore (although they do say "Ad"). There is also a Maps snippet which shows where I can buy flowers.

What happened? Well, I can guess: they did experiments, and not coloring the ads produced more revenue. I know from talking to ordinary users that they often say proudly "I never click on ads!" Now they do.

[+] dredmorbius|4 years ago|reply
I very rarely click on Google Web Search ads.

I very rarely use Google Web Search.

Poor relevance and ubiquitous tracking is a key condern. But the ad-spamming is also tremendously out of hand.

I'd switched to Google from AltaVista in 1999. I ditched GWS effectively by 2013.

Yes, I'll still occasionally run a "!g" bang search. And there are Google services I find genuinely useful --- Google Books and Ngram Viewer most especially.

But the bloom hasn't been anywhere near that rose for a long, long, long, long time.

[+] caust1c|4 years ago|reply
Holy shit. No wonder google doesn't give a shit about adblockers. Those people would be the ones who care about litigation and stopping this shit. Easy to let such a small % of users slide when the other 99% will willingly fall into the ad trap.

This is insane:

https://i.imgur.com/bdtvyXF.png

[+] azalemeth|4 years ago|reply
And, simultaneously, I've switched search engines to DDG (something I last did in the mid 1990s -- to Google!), and have multilayered network, browser, and hosts-file level adblocking. Such is the price of progress...
[+] AlbertCory|4 years ago|reply
For the other canonical query, try "mesothelioma." An info box on the right, and four ads on the left.

At one time, this was the highest-priced ad in Google (idk if it still is), because personal injury lawyers were desperate to get clients.

[+] ExtraE|4 years ago|reply
I just tried this (firefox on iOS, new england). Google asked for my location and I said “no”.

TLDR: 2 ads, the rest organic.

Top-2 were ads, a maps widget, organic result, people also ask, 4 organic results, people also search for, images, 4 organic, 1 ad.

[+] dleslie|4 years ago|reply
While looking at the tables of good versus bad phrasing I couldn't shake the feeling that I was reading something not so dissimilar to how leaders of organized crime historically avoided prosecution. By not naming the crime, by speaking about it indirectly and with softer language, they hoped to invigorate doubt in a hypothetical jury.

It's a method of avoiding responsibility oft credited to Henry II, who stated off-hand "Will no one rid me of this turbulent priest?"

https://en.wikipedia.org/wiki/Will_no_one_rid_me_of_this_tur...

[+] roenxi|4 years ago|reply
Yeah, but that isn't even a hint of a problem. It would be like observing that Google and the mafia also both use accounting principles to organise their finances.

These large companies are going to be involved in lawsuits, no matter what. Their written communications are going to be trawled through, more than likely. Everyone in the company would have to be a bit simple for there not to be some preparations to defend against legal discovery.

Even if you believe yourself to be completely innocent of any crime, it is still stupid to make life easier for some legal assailant.

[+] snarf21|4 years ago|reply
It is far more widespread than an interaction with a Google employee. The phenomenon is everywhere. It was distilled perfectly by Upton Sinclair quite a while ago: “It is difficult to get a man to understand something, when his salary depends upon his not understanding it!”
[+] prox|4 years ago|reply
Same with asking people here to stop using Chrome to get rid of the way it dominates the web.

When you are tied to the hip to something, you will never change. The network effect keeps you on the same Ferris wheel.

[+] ec109685|4 years ago|reply
>It’s difficult to imagine any new flight search, no matter how innovative, winning today with Google acting as the web’s gatekeeper.

Google results are dominated by the Expedia Group (a conglomerate of tons of different brands: https://www.expediagroup.com/home/default.aspx). While Google's practices have definitely hurt, it's a huge business, and probably a larger reason why a new flight search competitor can't get off the ground.

As a customer, it's annoying there isn't more diversity anymore. Generic travel searches are dominated by these brands, plus articles full of affiliate links that are hard to trust.

[+] ekianjo|4 years ago|reply
Thats not Googlespeak. Thats legal protection. Whenever a company is open to investigation you can bet emails will be searched and if something suggesting something borderline illegal is written there it can be used against you. A lot of companiea give such trainings to their employees.
[+] playpause|4 years ago|reply
Unclear how any of this means it’s not Googlespeak.
[+] _nalply|4 years ago|reply
Perhaps you could view Googlespeak as a side-effect of the legal protection.
[+] greatgib|4 years ago|reply
I was a direct witness of such a brain washing case a few years ago.

Google was about to release a new version of Android or of Nexus phones. (I don't remember the exact details)

And there was an insider leak, so the details of the innovation were published on internet a few days before the official announcement.

Leaks are now very common and often organized by companies, but a few years ago it was not yet the case.

I had a lunch with a few people including some Google engineers a few days after the leak. A discussion started about this topic, and the googlers said things like: "what a scandal the leak, we hate so much the person that did that, that we would have like to have him dead. If anyone in the company find who he his, we would seriously punch his face".

I was surprised, because, this was just a leak of the features, same content has what would have been disclosed in the PR announcement. Personally I would be happy that people have so much interest in my product that they spontaneously reshare early details about it. I did not see where the offense was for some random engineers of the company.

So, I asked them, and they told me that they felt that the insider "stole their announcement of their product".

I told them that it is ridiculous, because as an engineer you should like that your product is known, and that people hear and talk about it. But it should personally make no difference if the feature list/preview is published a few days earlier by a leak instead of by a random PR guy or by a big head of the company.

The only offended one might be the big head and the PR/marketing guys that had their plan ruined, but not common Google software engineer salarymen.

But the Googlers were not able to understand this idea, and then, they became hostile to me for the rest of the lunch for even having suggested that their feeling might not be justified.

So then I realized that they were brain washed by the company internal communication to feel that anything annoying for Google was bad for them personally!

In the exact same way that there are dictator led countries were most of the inhabitants are blindly following whatever the dictator says is the truth!

[+] ineedasername|4 years ago|reply
For a more complete look at the concept that linguistic structure & lexicon set the boundaries of thought, see the Sapir-Whorf Hypothesis [0]. Spoiler alert: the "strong" version doesn't quite hold up under experimental scrutiny, but the "light" version has some legs.

As a bonus, follow-up with George Lakoff's Metaphors we Live By.

[0] https://en.m.wikipedia.org/wiki/Linguistic_relativity

[+] bigcorp-slave|4 years ago|reply
Every large company has these trainings. I personally have worked at multiple companies with very similar trainings.

With thousands of employees, a company can’t take the risk that some random college hire mouths off over Slack on something they don’t know anything about and it shows up in discovery for something in the future and is used as evidence of planned malfeasance on the part of the company. I know we don’t like Google but this is not a Google thing, it’s a “opposing lawyers will take speculation from random low level engineers wildly out of context and judges and juries are too dumb to put it in context” thing.

[+] creddit|4 years ago|reply
It's hilarious to me that someone thinks this is about controlling thought and not a defensive legal maneuver.
[+] ryankupyn|4 years ago|reply
I think that a lot of this makes sense from Google's legal perspective, where antitrust litigation is a constant consideration and any internal document mentioning market share or competitors could be used against them.

I'm sure that there is a great deal of discussion about potential anticompetitive issues within Google and with their outside counsel, but in a context where legal privilege protects against disclosure.

[+] hospadar|4 years ago|reply
On a literary note: another great sci-fi reference point is Samuel Delaney's "Babel 17" - the hook is that a government creates a language that enables extreme thought capabilities, but prevents you from conceptualizing the opposing government as anything but an enemy.
[+] inglor_cz|4 years ago|reply
I don't particularly like Google, but it is obvious that they are in the "Everything you say may be used against you" situation and they cannot simply take the fifth and cut off any communication among employees.

If you need to take into account that every single message sent over internal media may be one day combed by hostile investigators for anything that might be considered your wrongdoing, you need to be careful, regardless of your size.

[+] SCUSKU|4 years ago|reply
While I wholeheartedly agree with this article, I can't help but think, why would Google or Googlers encourage discussion about anti-trust in the first place? I understand that Google certainly does dominate the market, but can you really blame them for wanting to keep it that way?
[+] poof131|4 years ago|reply
It amazes me that the consumer welfare standard has become so ingrained in legal antitrust. How is a company town, feudalism, or even slavery not the purest endgame of this logic? Own nothing and forever be indebted. “Wow, everything is free for most consumers, I guess we created a great world!” Can we move on to the total welfare standard, please. [1]

[1] https://www.ftc.gov/system/files/documents/public_statements...

[+] JoshTriplett|4 years ago|reply
Forget about "competition" and "who provides the service" for just a moment. (I'll return to them below.) I'm saying all of this as someone who doesn't use Google search. I would like to see more competition in search engines. But anyone seeking to work in that space needs to think about how users actually use search engines, and stop thinking in the conceptual model of "finding sites for the given search terms".

"65% of searches don’t result in a click" is a feature. You asked a question, you got the answer to that question. A search engine isn't a tool to find sites, it's a tool to find information; once upon a time that meant finding a site for that information, but ideally, it means finding the information. Sometimes you might be looking for "a site that has X", but often you're just looking for X. For that matter, 100% of searches via Google Assistant don't result in a "click", because the information has to be digested and presented via a voice interface.

It's accurate to say that Google is in competition with every site that provides information to users. Anyone in the business of providing information to users needs to treat Google as their competitor.

So, yes, a regulator or competitor who speaks in terms of how Google isn't driving users to other sites or prioritizing its own sites, and doesn't acknowledge that doing so is answering the user's question, is indeed speaking a foreign language.

If we were in some post-scarcity world, someone trying to help user's find information should be taking a very similar approach to Google (or finding something even better), and finding more ways to make information more digestible and presentable this way, and encouraging sites to provide information in a way that can answer questions like this.

In today's non-post-scarcity world, there is absolutely an anti-competitive issue here. But the problem is that the most efficient and often most useful way to answer a user's question may well be incompatible with the "just present links to sites given search terms" model.

In seeking to solve that problem, we can't start out by preventing people from presenting information in whatever way users find most useful and efficient. We shouldn't seek to shoehorn a search engine back into a simple "here are the results for your search terms" model. Any approach that unthinkingly tries to foster competition by breaking the ability to present information in the most useful way possible is rightfully treated as some outside hostile force that's destroying something useful.

And because so much of the effort to regulate this as an anti-competitive issue has been unthinkingly treating a search engine as nothing more than mapping search terms to outbound site links, that has generated a backlash even outside of Google (for instance, here on HN), from people who see how much value would be destroyed by such an approach.

Not all efforts to foster competition have been this unthinking. I've seen proposals that try to introduce the use of APIs to present such information from a variety of sources (e.g. "here's the service I prefer to use for flights/hotels/etc"). I don't know if that's the right approach, or if it's fair, or if it's necessary, but it's at least closer to the right direction, and it isn't destroying useful things like "answering user's questions" or "building a useful voice assistant".

[+] disillusioned|4 years ago|reply
My friend has told me that Amazon has much the same _very strict_ limitations on language and messaging around certain terms, especially in any retained messaging. He also mentioned that his unit doesn't retain Chimes past 30 days or so, specifically to avoid ever having it used in discovery.
[+] graderjs|4 years ago|reply
It's interesting this language creates a reality where only Google exists. Apart from the legal and 'anti-trust' aspects, I'm sure this is useful for creating a sense of manifest destiny, where Google is the only service that people see. I'm sure that is eventually inevitable, that search becomes like an intelligent agent and there is a single company that provides it. Other people see a future based on individuals granting different AIs permission to mine their personal data in return for personalized services...which would also be an interesting future.

But I think we are definitely headed for a single-massive company providing all intelligent search at least for a time. It just seems like that will be the best way to get the best version of that product, until we actually know what that product really is.

That AI search company may not be Google, and if not that would be a fascinating story to see how such a player emerged as underdog to become the dominant search provider in a Google-dominated world. Exciting times!