-e· Googliza-t on
`of Every hing
`
`(A D WHY. WE SHOULD WORR¥)
`
`: pda Ed Edition
`
`Siva Vaidhyanathan
`
`Q3
`
`LlNfVERS TY OF CAI.Il"ORN£A PRESS
`lkrke:lq Las Angdes
`
`EXHIBIT 2095
`Facebook, Inc. et al.
`v.
`Software Rights Archive, LLC
`CASE IPR2013-00480
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`e 2011 by Siva Vatdhyanalhan
`First paperbad prlnlln& 2011
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`lJbrary of Congress Catalogf~n.Publicaffon Data
`
`Valdhyanathan, Siva.
`The C.oogltzatlon of everythln& (and why h'e should wort)') I
`9:\'a VaJdhyana.tban.
`p. em.
`lncludes blbttos.raphlca.l referroces and l.ndex.
`ISIIN ~o--2]289-7 (pbk : alk. paper)
`1. Coog.le (Finn). 2. lnlemet tndustry-SodaJ aspects.
`I. 1ltle.
`3-- lntemet-Sodal aspects.
`HDg6g6.8.U64G669 2010
`JJ8.7"6t02.)0.f-dcl2
`
`l010027]72
`
`Manufactu.red In the United States of Amerlca
`w 19 ~ ., ~ 15 ~ Q 12
`w 9 8 7 6 s 4 3 2 1
`1hts book Is prlntOO on Cascadts Envtro too, a too% post oonsumer
`waste,. recycled, d~lnl:ed fiber. fOC rt'C)'ded certlfled and processed
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`

`
`NOT£S TO PAGES 77-81
`
`2JJ
`
`and b illions of d ollars, see Frances l=itzCerald, Way Out 111en i11 the Blue: Rmgan,
`Star Wars, rmd lhe £nd of lhe Cold War (New Yo rk: Simon & Sdluster, 2000).
`62. Reinho ld Niebuhr, T11e Irony of Ammcau H1story (Chicago: Uni,•ersity of
`G icago Press, 2oo8), 16o.
`6). " Retraction: Ueai 4 Lymphoid 4 Nodular Hyperplasia, Non-specific Colitis,.
`and Pe rvasive De\•elopmental Disorder in Children,." I.nncd )7) .. no. 971) (Feb(cid:173)
`ruary 6,. 2oto): 445; Kate Kelland, ''Lancet Retracts Paper Linking Vaccine to
`Autism," Washmgton Post,. February ), 2010.
`4 Kugel Allison, "Jenny McCarthy on Healing He r Son's Autism and
`Discovering Her Lifess Mission," PR.Com, October 9, 2007, W\V'W.pr.com/
`article/loj76.
`6;.
`\\'hen I cond ucted a search on Coogle for "Autism vaccinations" on
`O::tober 26, ZCJ09, in CharlottesviJie, Virginia, the top two sites listed posited
`a connection between vaccina tion and autism. The third result, from the U.S.
`Centers for Disease Control, authoritatively denied the Link Most of the rest of
`the results were journalistic accounts of the sa<aUed debate over vaccinations.
`66. Frank Ahrens, "2oo2's News, Yesterday's Sell-Off/ Wl'lSJJingtoiJ Post,.
`September 9, zooS.
`&;. Tom Petruno, "Tribune, Coogle Trade Blame in United Airlines Stock
`Fiasco," Los Angeles Times, September 9, 2oo8.
`68. Amy Fry, " Information Is Power-Even When it's Wrong," ACRLog.
`blog, September 11, zooS, http:/ /acrlog.org.
`John Letzing, .. Tribune Blames C oogle fo r Damaging Ne'"s Story," Mar·
`~·
`ketv.·atch.com, September 10, zooS.
`70· Cass Sunstein, Ccing to f.xtrmres: 1-loto Like Mi11ds u,ile and Dmid~
`(Oxford: Oxford Unh •ersity Press, 2001)).
`7 1. For a long time I was a Coogle evangelist. Back in 1999 and 2 000 I must
`have told more than a hundred people,. including my closest friends and family,
`that Coogle was the best possible way to find stuff on the Web. \"/hen I first
`encountered Coogle in ear ly 1999, I was teaching history at Wesleyan University.
`Mostly. I was scrambling to finish my dissertatio~which became my first book
`Because most of my research drew on sources available on microfilm, search
`engines had not yet become an integra] part of my professional life. I was a \" are
`of the techn~utopian conversations about electronk archives and the global
`deli\•ery of knowledge, but I didn't think very hard a bout them. I had a book to
`write and seLL The Web, for me, was a platform fo r self-promotion. And existing
`search engines, like Yahoo, were not helping in that effort.
`Since about 1995 I had been using Yahoo and AltaVista for my Web naviga(cid:173)
`tion. I had a brief and pass.ionate involvement with a much better and faste r
`V\~ searc h service, Northern Lig ht, until, facing a revenue shortage, it became
`a specialized portal for corporate clients (and remains so today). I first learned
`
`

`
`2)4
`
`HOT£S TO PAGt 8 1
`
`about Coogle fro m an e-mail List called Red Rock Eater, ·written and edited by
`Phil Agre, a professor of information studies at UCLA.Uke many \Veb geeks of
`the late 19905, I read Agre's newsletter religiously. If he liked Coogle, chances
`were good that 1 would as '"ell.
`Unlike everything else on the Web at that time, Coogle lacked clutter. It
`was simple, fast, and effective. Before Coogle essentially solved the p roblem
`of managing and fiJtering the Web for us, '"e relied on the pages we liked and
`trusted to provide links to other pages we might like and trust. But Coogle
`was aggregating all of that linking and clicking, making it a general process of
`ranking: and linking. It '"as brilliant.
`And then, within hours o f using Coogle for the first time,. I started
`thinking through the consequences of Coogle becoming. the institution that
`go,•ems the Web. I had no idea how quickly that notion would g row into
`an obsession.
`While composing this book I often used my blog. Googli.zation of £,•erything.
`to solid t feedback and comments from Web users. Back in July zooS 1 posted
`a simple query: "Do you remember the first time you used Coogle? When was
`it? How did you hear about Coogle? What was your first impression?" The
`response was ove1whelming: 216 people posted their stories to my blog. and
`)6 more posted comments to & ingBoing, the most popular blog in the world,
`aher it linked to my query.
`From the website developer and critic Waldo Jaquith:
`
`It's d ifficult to properly emphasize how ttuly terribLe! sean:h engtnes were in t()98.
`AltaVista and HotBot were as good as It got, and that's saying \'ery Little. Results
`were bastcally sorted randomly. Choostng a sean:h engine was really based on faith
`more than anything else ... . And then along came Coogle.
`
`From the author Clay Shirky:
`Lati! ~'d been the CTO of a web .shop tn Manhattan, and we'd always spend a
`lot o£ Ume with new cUents on the .. nav bar lss-ue .. -what was the best set of l1nks to
`put tn the home pa~ navigation? .. . we spent a toto£ tune studying Yahoo's front·
`pa~ taxonomy-the whole Web, broken down into 14 top-level categories. And
`then I saw Google, whldl had no taxonomy at aU. just search. I . .. switched lmme(cid:173)
`dtately, as many of us dkj in those days,. but I dJdn't realize what a btg deal It was
`until 2000. I was at a geek dtnner of two dozen people, hosted by nm O'RetJJy, on a
`completely dtfferent subject. .• . At that dt.nner,. nm said "'I know thiS doesn't have
`anylhtng to do wJth the matter at hand, but out of curtoslty, how many people hen>
`use Google?" Every hand went up.
`
`From library consultant Karen Coyle:
`I was chautng W!th the brother of one of the Coogle founders.. He told me that
`his brother was worl:lng on a new search engine that would be better than
`anythJng e\'er seen before.( tried to arsue that tt would suU be llmlti!d by the
`
`

`
`NOT£5 TO PAG£5 82-9l
`
`2)_'j
`
`reality of the kill-text search. I probably looked at Goog.le when It was f!ts.t made
`avaUable_ and I was pretty un-tmpressed. Ju~ more keyword sean:h.tng. Toda)' I
`USl' tt constantly, but r m very aware of the fact that u works quJte well for nouns
`and proper nouns (people-, companies, nam.."CC things), and less weU for concepts .
`. . I th.tnk of It as a S\a.nt phone book for the Internet. not as a d asstflcatlon
`of knowledge.
`
`Many of the people ,,ho responded to my query ,,ere information or Web
`professiona ls. They were certainJy the earliest to embrace Coogle and recognize
`its value. They quickly spread the ·word to their immediate friends and fa mily.
`From there, it grew to span the world within five years. We were so thrilled to
`find so much, so easily, that we hardly stopped to ask questions. We became
`true beJie,•ers.
`
`CHA PTE R 3. TH E GOOGLI ZATION OF US
`
`1. lev Crossman,. "Time's Person of the Year: You," Tlmt>, ~mber 1),.
`>oo6.
`2 . See Robert L f\·1itche ll, "What Google Knows about You,"' Computer World,.
`May 1 t,. 21J09.
`)· MichaeJ Zim mer. "'Privacy on Planet Coogle: Using the Theory of Con(cid:173)
`textual lnteg:1i ty to Clarify the Pti·..,acy Threats of Coogle's Quest for the Perfect
`Search Eng ine,."' fa~mml of Business rmd Tedmology Law) (2oo8): L09.
`-1· "Privacy Po licy: Coogle Privacy Center,"' Coogle.com, www.google.com/
`p rh•acypolicy.h tmJ, accessed March 11, 2009.
`5· Paul Ohm, "Broken Promises of Privacy: Respond ing to the Surprising
`Failure of Anonymization,"' SSRN eLibrary, August lJ, 2009, http:/ /papers.ssm
`.com.
`''Privacy Policy," Coogle.com. March 11, 2009.
`6.
`7· Arshad Moham med, "Coogle Refuses Demand for Search Information,"
`\>\'tlsltir~gton Post, January 20, 2oo6.
`B. Cl111.rlie RoY S!row, 2009, available a t http:/ /video.google.com.
`9- Richard Tha ler and Cass Sun stein,. N1~dge: Imprw;,g Deds1ous about
`Health, Wealth, and Happimss (New Haven, Cf: Yale: University Press,
`>oo8), 10<).
`1o.
`Ib id., .}
`1 1. Coogle Seardl Privacy: PlaiPI #Jld s;mpie, 20t:Tl,. \1f'A'W.youtube.com.
`1 2. Louise Story and Brad Stone, "Facebook Retreats on On- Line Tracking."'
`New Yort T;mes, November JO, 2007.
`1 J· Warren St John, "When lnfonnation Becomes T.MJ.," New York Times.
`September 'Lo, 2oo6.