An anonymous reader shares a report: Eddy Cue, in a dark suit, peered down at the monitor in front of him. The screens in the Washington, DC, courtroom had briefly malfunctioned and left witnesses with only binders, but now the tech was up and running -- showing an image of three iPhones, each demonstrating a part of the phone's setup process. Cue squinted down at the screen. "The resolution on this is terrible," he said. "You should get a Mac." That got some laughs in an otherwise staid and quiet courtroom. Judge Amit Mehta, presiding over the case, leaned into his microphone and responded, "If Apple would like to make a donation..." That got even bigger laughs. Then everybody got back down to business.

Cue was on the stand as a witness in US v. Google, the landmark antitrust trial over Google's search business. Cue is one of the highest-profile witnesses in the case so far, in part because the deal between Google and Apple -- which makes Google the default search engine on all Apple devices and pays Apple billions of dollars a year -- is central to the US Department of Justice's case against Google. Cue had two messages: Apple believes in protecting its users' privacy, and it also believes in Google. Whether those two statements can be simultaneously true became the question of the day.

Apple is in court because of something called the Information Services Agreement, or ISA: a deal that makes Google's search engine the default on Apple's products. The ISA has been in place since 2002, but Cue was responsible for negotiating its current iteration with Google CEO Sundar Pichai in 2016. In testimony today, the Justice Department grilled Cue about the specifics of the deal. When the two sides renegotiated, Cue said on the stand, Apple wanted a higher percentage of the revenue Google made from Apple users it directed toward the search engine. [...] Meagan Bellshaw, a Justice Department lawyer, asked Cue if he would have walked away from the deal if the two sides couldn't agree on a revenue-share figure. Cue said he'd never really considered that an option: "I always felt like it was in Google's best interest, and our best interest, to get a deal done." Cue also argued that the deal was about more than economics and that Apple never seriously considered switching to another provider or building its own search product. "Certainly there wasn't a valid alternative to Google at the time," Cue said. He said there still isn't one.

The Federal Trade Commission and 17 states on Tuesday sued Amazon, alleging the online retailer illegally wields monopoly power that keeps prices artificially high, locks sellers into its platform and harms its rivals. WSJ: The FTC's lawsuit, filed in Seattle federal court, marks a milestone in the Biden administration's aggressive approach to enforcing antitrust laws and has been anticipated for months. The agency's chair, Lina Khan, is a longtime critic of Amazon who wrote in the Yale Law Journal in 2017 that earlier generations of competition cops and courts abandoned the law's concerns over conglomerates such as Amazon. The FTC and states alleged that Amazon violated antitrust laws by using anti-discounting measures that punished merchants for offering lower prices elsewhere. The government also said sellers on Amazon were compelled to use its logistics service if they want their goods to appear in Amazon Prime, the subscription program whose perks include faster shipping times, the FTC said.

Emma Roth reporting via The Verge: Facebook can be sued over allegations that its advertising algorithm is discriminatory, a California state court of appeals ruled last week. The decision stems from a class action lawsuit filed against Facebook in 2020, which accused the company of not showing insurance ads to women and older people in violation of civil rights laws. The case centers around Samantha Liapes, a 48-year-old woman who turned to Facebook to find an insurance provider. The lawsuit alleges that Facebook's ad delivery system didn't show Liapes ads for insurance due to her age and gender.

In a September 21st ruling, the appeals court reversed a previous decision that said Section 230 (which protects online platforms from legal liability if users post illegal content) shields Facebook from accountability. The appeals court concluded that the case "adequately" alleges that Facebook "knew insurance advertisers intentionally targeted its ads based on users' age and gender" in violation of the Unruh Civil Rights Act. It also found significant similarities between Facebook's ad platform and Roommates.com, a service that exceeded the protections of Section 230 by including dropdown menus with options that allowed for discrimination. "There is little difference with Facebook's ad tools" and their targeting capabilities, the court concluded. "Facebook does not merely proliferate and disseminate content as a publisher ... it creates, shapes, or develops content" with the tools.

Six months ago Republican Senator Josh Hawley proposed legislation banning downloads of TikTok in the U.S. But this week he told the Wall Street Journal that "TikTok and its dark-money cronies are spending vast amounts of money to kill these bills."

The newspaper argues that TikTok's "friends" in the U.S. government — backed by billionaire financier Jeff Yass — "helped stall attempts to outlaw America's most-downloaded app." Yass's investment company, Susquehanna International Group, bet big on TikTok in 2012, buying a stake in parent company ByteDance now measured at about 15%. That translates into a personal stake for Yass of 7% in ByteDance. It is worth roughly $21 billion based on the company's recent valuation, or much of his $28 billion net worth as gauged by Bloomberg.

Yass is also one of the top donors to the Club for Growth, an influential conservative group that rallied Republican opposition to a TikTok ban. Yass has donated $61 million to the Club for Growth's political-spending arm since 2010, or about 24% of its total, according to federal records. Club for Growth made public its opposition to banning TikTok in March, in an opinion article by its president, at a time when sentiment against the platform among segments of both parties was running high on Capitol Hill... With many Democrats already skeptical of a ban, the whittling away of Republican support killed momentum for several bills, including the bipartisan Restrict Act backed by the Biden administration...

TikTok's own lobbying efforts in Washington have included hundreds of meetings and other contacts, according to a person familiar with the matter. One of its main arguments to Republicans has been that a majority of ByteDance's shareholders are Americans, and some are well-connected conservatives, this person said. The lobbying appears to have helped push House Republican lawmakers to back away from the idea of a ban on TikTok and focus instead on legislation that would put new legal protections in place for users' personal data...

The Biden administration hasn't indicated any change in its effort to ban the app or force its sale. It could still try to use executive powers to ban it, or force a sale to remove Chinese control. But without legislation, analysts say those orders could be overturned in court.

The European Commission has re-imposed a fine of about $400 million on chipmaker Intel for abusing its dominant position in the x86 processor market. The move is the latest twist in an antitrust saga that has been now running for more than two decades. The Register: According to the Commission, the fine is in response to previously established anticompetitive practices by the silicon giant, aimed at excluding competitors from the market in breach of EU competition rules. The original fine handed to Intel in 2009 was for $1.2 billion, based on findings that the company had given incentives to PC makers to use its CPUs instead of those from rivals, or else delay the launch of specific products containing rival chips.

These incentives consisted of wholly or partially hidden rebates for using Intel chips, or payments in order to delay launching products with rival chips, amounting to so-called "naked restrictions." It ultimately goes back to complaints from rival CPU maker AMD in 2000 and again in 2003 that Intel was engaging in anticompetitive conduct by offering rebates to vendors to favor Intel components. Intel fought the decision, but an appeal by the Silicon Valley outfit to have it overturned was initially denied in 2014. Then in 2022, the EU General Court partially annulled the 2009 ruling by the Commission, in particular the findings related to Intel's conditional rebates, and went on to nix the fine imposed on the company in its entirety.

FrankOVD writes: Google is being sued by a widow who says her husband drowned in September 2022 after Google Maps directed him over a collapsed bridge in Hickory, North Carolina. Google failed to correct its map service despite warnings about the broken bridge two years before the accident, according to the lawsuit filed Tuesday by Alicia Paxson in Wake County Superior Court. Philip Paxson "died tragically while driving home from his daughter's ninth birthday party, when he drove off of an unmarked, unbarricaded collapsed bridge in Hickory, North Carolina while following GPS directions," the complaint said.

The Snow Creek Bridge reportedly collapsed in 2013 and wasn't repaired. Barricades were typically in place but "were removed after being vandalized and were missing at the time of Paxson's wreck," according to The Charlotte Observer. The lawsuit has five defendants, including Google and its owner Alphabet. The other defendants are James Tarlton and two local business entities called Tarde, LLC and Hinckley Gauvain, LLC. Tarlton and the two businesses "owned, controlled, and/or were otherwise responsible for the land" containing the bridge, the lawsuit said.

An anonymous reader shares a report: DuckDuckGo, a privacy-centric search engine founded about 15 years ago, has languished with a small market share as consumers face difficulties switching from Google when the behemoth is the default option on computer screens, the upstart's founder said in an antitrust trial. Founded in 2008, DuckDuckGo currently has about a 2.5% share of the market for search in the US, said CEO Gabriel Weinberg, and conducts about 100 million searches a day globally. In comparison, Google conducts several billion searches daily.

Weinberg said about 30% to 40% of DuckDuckGo's users have a "strong preferenceâ for privacy and that most of the company's users switch over from Google." The company considers Google to be "far and away" its biggest competitor. "Switching is way harder than it needs to be," Chief Executive Officer Gabriel Weinberg said in federal court on Thursday. "There's just too many steps."

Yesterday's massive leaks from the Microsoft vs. FTC case have a large swath of the gaming world expecting that a more powerful, disc-free Xbox Series X refresh could be coming as soon as next year. But Xbox boss Phil Spencer is warning that players shouldn't put too much stock in what he called "old emails and documents." ArsTechnica adds: "It is hard to see our team's work shared in this way because so much has changed and there's so much to be excited about right now, and in the future," Spencer wrote on social media late Tuesday. "We will share the real plans when we are ready." Spencer followed up that post with a memo sent to the Xbox team, apologizing for the unintentional disclosure of internal plans. "I know this is disappointing, even if many of the documents are well over a year old and our plans have evolved," the memo reads, in part. "I also know we all take the confidentiality of our plans and our partners' information very seriously. This leak obviously is not us living up to that expectation... That said, there's so much more to be excited about, and when we're ready, we'll share the real plans with our players."

While Spencer's statements are vague about who was responsible for the "unintentional disclosure" of Microsoft's plans, a representative for the FTC was quick to push the blame on the company itself. "The FTC was not responsible for uploading Microsoft's plans for its games and consoles to the court website," FTC Director of the Office of Public Affairs Douglas Farrar wrote early Tuesday. In a follow-up post, Farrar pointed to a court order resealing the leaked information (too late for it to prevent the spread of the information, of course), which notes that "Microsoft provided the link on September 14 and the Court uploaded the exhibits to [the] internet page established for this case." Further reading: Microsoft's Phil Spencer Says Acquiring Nintendo Would Be 'a Career Moment'
Microsoft's Next Xbox, Coming 2028, Envisions Hybrid Computing.

A trade group for U.S. authors has sued OpenAI in Manhattan federal court on behalf of prominent writers including John Grisham, Jonathan Franzen, George Saunders, Jodi Picault and "Game of Thrones" novelist George R.R. Martin, accusing the company of unlawfully training its popular artificial-intelligence based chatbot ChatGPT on their work. From a report: The proposed class-action lawsuit filed late on Tuesday by the Authors Guild joins several others from writers, source-code owners and visual artists against generative AI providers. In addition to Microsoft-backed OpenAI, similar lawsuits are pending against Meta Platforms and Stability AI over the data used to train their AI systems. Other authors involved in the latest lawsuit include "The Lincoln Lawyer" writer Michael Connelly and lawyer-novelists David Baldacci and Scott Turow.

An anonymous reader quotes a report from the Associated Press: The International Criminal Court said Tuesday that it detected "anomalous activity affecting its information systems" last week and took urgent measures to respond. It didn't elaborate on what it called a "cybersecurity incident." Court spokesman Fadi El Abdallah said in a written statement that extra "response and security measures are now ongoing" with the assistance of authorities in the Netherlands, where the court is based. "Looking forward, the Court will be building on existing work presently underway to strengthen its cyber security framework, including accelerating its use of cloud technology," his statement added. The court declined to go into any more detail about the incident, but said that as it "continues to analyze and mitigate the impact of this incident, priority is also being given to ensuring that the core work of the Court continues."

Bankrupt crypto exchange FTX is looking to claw back luxury property and "millions of dollars in fraudulently transferred and misappropriated funds" from the parents of Sam Bankman-Fried, the exchange's disgraced ex-CEO and founder. CNBC reports: In a Monday court filing, lawyers representing the bankruptcy estate of the failed exchange alleged that Allan Joseph Bankman and his wife, Barbara Fried, "exploited their access and influence within the FTX enterprise to enrich themselves, directly and indirectly, by millions of dollars." The lawsuit, which was filed in the U.S. Bankruptcy Court for the District of Delaware, goes on to claim that "despite knowing or blatantly ignoring that the FTX Group was insolvent or on the brink of insolvency," Bankman and Fried discussed with their son the transfer of a $10 million cash gift and a $16.4 million luxury property in The Bahamas.

The suit alleges that as early as 2019, Sam's father also directly participated in efforts to cover up a whistleblower complaint which threatened to "expose the FTX Group as a house of cards." The filing also details emails written by Bankman in which he complained to the FTX US Head of Administration that his annual salary was $200,000, when he was "supposed to be getting $1M/yr." That grievance was ultimately elevated to his son in an email, according to the lawsuit: "Gee, Sam I don't know what to say here. This is the first [I] have heard of the 200K a year salary! Putting Barbara on this."

The filing characterizes the correspondence as Bankman lobbying his son to "massively increase his own salary." Within two weeks, the suit claims that Bankman-Fried had collectively gifted his parents $10 million in funds coming from Alameda, and within three months, the couple was deeded the $16.4 million property in The Bahamas. According to the partially-redacted filing, Bankman-Fried's parents also "pushed for tens of millions of dollars in political and charitable contributions, including to Stanford University, which were seemingly designed to boost Bankman's and Fried's professional and social status." Fried is also accused of encouraging her son and others within the company to avoid, if not violate, federal campaign finance disclosure rules by "engaging in straw donations or otherwise concealing the FTX Group as the source of the contributions."

An anonymous reader quotes a report from Reuters: The U.S. Justice Department on Monday objected to removing the public from the court during some discussions of how Google prices online advertising, one of the issues at the heart of the antitrust trial under way in Washington. The government is seeking to show that Alphabet's Google broke antitrust law to maintain its dominance in online search. The search dominance led to fast-increasing advertising revenues that made Google a $1 trillion company. [Throughout the trial, Google's defense is that its high market share reflects the quality of its product rather than any illegal actions to build monopolies in some aspects of its business.]

David Dahlquist, speaking for the government, pointed to a document that was redacted that had a short back and forth about Google's pricing for search advertising. Dahlquist then argued to Judge Amit Mehta, who will decide the case, that information like the tidbit in the document should not be redacted. "This satisfies public interest because it's at the core of the DOJ case against Google," he said. Speaking for Google, John Schmidtlein urged that all discussions of pricing be in a closed session, which means the public and reporters must leave the courtroom. [...]

Case in point was testimony given early Monday by a Verizon executive, Brian Higgins, about the company's decision to always pre-install Google's Chrome browser with Google search on its mobile phones. After about 30 minutes of testimony, Higgins' testimony was closed for the next two hours. It's possible that he was asked about Google's payments to Verizon but the public will never know. Those payments -- which the government said are $10 billion annually to mobile carriers and others -- helped the California-based tech giant win powerful default positions on smartphones and elsewhere.

A federal judge has granted a request to block the California Age-Appropriate Design Code Act (CAADCA), a law that requires special data safeguards for underage users online. The Verge reports: In a ruling (PDF) issued today, Judge Beth Freeman granted a preliminary injunction for tech industry group NetChoice, saying the law likely violates the First Amendment. It's the latest of several state-level internet regulations to be blocked while a lawsuit against them proceeds, including some that are likely bound for the Supreme Court. The CAADCA is meant to expand on existing laws -- like the federal COPPA framework -- that govern how sites can collect data from children. But Judge Freeman objected to several of its provisions, saying they would unlawfully target legal speech. "Although the stated purpose of the Act -- protecting children when they are online -- clearly is important, NetChoice has shown that it is likely to succeed on the merits of its argument that the provisions of the CAADCA intended to achieve that purpose do not pass constitutional muster," wrote Freeman.

Freeman cites arguments made by legal writer Eric Goldman, who argued that the law would force sites to erect barriers for children and adults alike. Among other things, the ruling takes issue with the requirement that sites estimate visitors' ages to detect underage users. The provision is ostensibly meant to cut down on the amount of data collected about young users, but Freeman notes that it could involve invasive technology like face scans or analyzing biometric information -- ironically requiring users to provide more personal information.

The law offers sites an alternative of making data collection for all users follow the standards for minors, but Freeman found that this would also chill legal speech since part of the law's goal is to avoid targeted advertising that would show objectionable content to children. "Data and privacy protections intended to shield children from harmful content, if applied to adults, will also shield adults from that same content," Freeman concluded.

A group of publishers in the U.S. have filed a lawsuit against the "notorious" online database Library Genesis (Libgen), a website known for providing free access to scientific papers and books. The lawsuit accuses Libgen of facilitating the unauthorized distribution of copyrighted academic materials. The Register reports: The suit, filed in a New York federal court [PDF], asks for a legal order "requiring the transfer of the Libgen domain names to plaintiffs or, at plaintiffs' election, canceling or deleting the Libgen domain names," with the idea of frustrating visitors -- mostly students -- believed to number in their millions. The filing said that according to similarweb.com, the sites collectively were visited by 9 million people from the U.S. each month from March to May 2023. The suit alleges that several of the Libgen websites solicit "donations" from users. "These solicitations are in English and seek payments only in Bitcoin or [Monero]." It adds: "one Libgen Site reports that it has raised $182,540 from donations since January 1, 2023."

The publishers also claim the people who run LibGen -- named in the suit as Does 1-50 and whom it says "are believed to reside outside of the United States at unknown foreign locations" -- derive "revenue from interstate or international commerce, including through advertisements." It goes on to add: "Defendants compete directly with Plaintiffs by distributing infringing copies of their works for free, displacing legitimate sales. When a consumer obtains Plaintiffs' works from the Libgen Sites instead of through legitimate channels, no remuneration is provided to Plaintiffs or their authors for the substantial investments they have made to create and publish the works."

The textbook publishers claim that "through social media and from their peers, students are bombarded with messages to use the Libgen Sites instead of paying for legal copies of textbooks" -- thus depriving the publishers and the authors they represent of their income. The suit also asks for damages without detailing an amount, although it asks for "an accounting and disgorgement of Defendants' profits, gains, and advantages realized from their unlawful conduct." The complaint claims the ads are in English and for various "U.S. products, such as browser extensions and online games". The suit adds that some "also appear to be phishing attempts, which can result in users downloading a virus or other malicious program onto their computers."

The lawsuit also calls out Google and "other intermediaries," U.S. companies it claims help LibGen "conduct their unlawful operations" -- "NameCheap for domain registration services, Cloudflare for proxy services, and Google for search engine services." It goes on to include a screenshot of Google's "knowledge panel," which it says "describes Libgen as a site [that] enables free access to content that is otherwise paywalled or not digitized elsewhere."

From an EFF announcement this week: Technical standards like fire and electrical codes developed by private organizations but incorporated into public law can be freely disseminated without any liability for copyright infringement, a federal appeals court ruled Tuesday.
The judge ruled that posting the materials constituted fair use — so the nonprofit group doing the posting won't be liable for copyright infringement. The American Bar Association Journal reports: The decision is a victory for public-domain advocate Carl Malamud and the group that he founded, Public.Resource.org. The group posts legal materials on its websites, including the standards developed by the three organizations that sued... "It has been over 10 years since plaintiffs filed suit in this case," said Malamud in a press release by the Electronic Frontier Foundation. "The U.S. Court of Appeals has found decisively in favor of the proposition that citizens must not be relegated to economy-class access to the law."
In 2012 Carl Malamud answered questions from Slashdot readers.

And now, finally, from the EFF's announcement: Tuesday's ruling by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit upholds the idea that our laws belong to all of us, and we should be able to find, read, and share them free of registration requirements, fees, and other roadblocks... "In a nation governed by the rule of law, private parties have no business controlling who can read, share, and speak the rules to which we are all subject," EFF Legal Director Corynne McSherry said. "We are pleased that the Court of Appeals upheld what other U.S. courts, including the Supreme Court, have said for almost 200 years: No one should control access to the law."
Or, as the EFF puts it on another page, "Copyright cannot trump the essential public interest..."

Thanks to long-time Slashdot reader schwit1 for sharing the news.

An anonymous reader quotes a report from Reuters: Google agreed to pay $155 million to settle claims by California and private plaintiffs that the search engine company misled consumers about how it tracks their locations, and used their data without consent. Both settlements resolve claims that the Alphabet unit deceived people into believing they maintained control over how Google collected and used their personal data. The company was accused of being able to "profile" people and target them with advertising even if they turned off their "Location History" setting, and deceive people about their ability to block ads they did not want.

The California settlement requires Google to pay $93 million, and disclose more about how it tracks people's whereabouts and uses data it collects. Money from Google's $62 million settlement with private plaintiffs would, after deducting legal fees, go to court-approved nonprofit groups that track internet privacy concerns. Lawyers for the plaintiffs said this made sense because it was "infeasible" to distribute money to the approximately 247.7 million U.S. adults with mobile devices. "Google was telling its users one thing--that it would no longer track their location once they opted out--but doing the opposite and continuing to track its users' movements for its own commercial gain," California Attorney General Rob Bonta said in a statement. "That's unacceptable."

California, the home to many of tech's biggest companies and the nation's most populous state, is pushing ahead with a right-to-repair bill for consumer electronics and appliances. From a report: After unanimous votes in the state Assembly and Senate, the bill passed yesterday is expected to move through a concurrence vote and be signed by Governor Gavin Newsom. "Since Right to Repair can pass here, expect it to be on its way to a backyard near you," said iFixit CEO Kyle Wiens in a statement. iFixit, a seller of repair parts and tools and advocate for right-to-repair laws, based in San Luis Obispo, California, was joined in its support for the California repair law by another California company with a history of opposing repair laws: Apple. The consumer tech giant's letter urging passage of the bill was surprising, to say the least, though Apple said that the bill's stipulations for "individual users' safety" and "product manufacturers' intellectual property" were satisfactory.

California's bill goes further than right-to-repair laws in other states. Rather than limiting its demand that companies provide parts, tools, repair manuals, and necessary software for devices that are still actively sold, California requires that vendors provide those items for products sold after July 1, 2021, starting in July 2024. Products costing $50 to $99.99 must be accompanied by those items for three years, and items $100 and more necessitate seven years. The bill also provides for stronger enforcement mechanisms, allowing for municipalities to bring superior court cases rather than contact the state attorney general.

The Justice Department will press its argument Thursday that Google sought to strike agreements with mobile carriers to win powerful default positions on smartphones to dominate search in an antitrust trial that could change the future of the internet. From a report: The government will wrap up questioning Thursday of Antonio Rangel, who teaches behavioral biology at the California Institute of Technology. Other witnesses will be James Kolotouros, for Google, and Brian Higgins, from Verizon Communications. The government says the Alphabet unit paid $10 billion annually to wireless companies like AT&T, device makers like Apple and browser makers like Mozilla to fend off rivals and keep its search engine market share near 90%. The government has also alleged that Google illegally took steps to protect communications about the payments.

The government called witnesses on Tuesday and Wednesday to show that Google, as far back as the mid-2000s, sought to attract a large number of search queries by winning default status on mobile devices. Another witness, Rangel, discussed how powerful default status was, although data he used to show this was largely redacted. Google's clout in search, the government alleges, has helped Google build monopolies in some aspects of online search advertising. Search is free so Google makes money through advertising.

"AFRINIC, the regional internet registry for the African continent and Indian Ocean region, has been placed under receivership following an injunction obtained against it in the Supreme Court of Mauritius," writes Slashdot reader Kelerei. "This appears to be a result of poor governance at AFRINIC, and in part a consequence of an IP address assignment debacle in 2021." MyBroadband reports: Industry players on both sides of a conflict involving the registry have welcomed the Mauritian Supreme Court's latest ruling, as it potentially creates a path to reconstitute the ailing entity's board and appoint a CEO. Headquartered in Mauritius, AFRINIC found itself on the wrong side of the country's corporate governance laws after repeatedly ignoring warnings from its members and community about the danger. It also disregarded judgments on some occasions, with the courts warning AFRINIC that it was in danger of being held in contempt. The blow that finally left Afrinic without a quorate board and ultimately without a CEO was struck by Crystal Web, a defunct Internet Service Provider that used to offer consumer DSL and fiber broadband in South Africa. Although Crystal Web landed the paralyzing hit, it was hardly the primary litigant in the over 55 court cases brought against AFRINIC since June 2020.

The Justice Department sought on Wednesday to show how Google did all it could to get people to use its search engine and build itself into a $1 trillion search and advertising giant on the second day of a once-in-a-generation antitrust trial. From a report: First out of the gate, the government questioned a former Google executive, Chris Barton, about billion-dollar deals with mobile carriers and others that helped make Google the default search engine. Barton, who was at Google from 2004 to 2011, said the number of Google executives working to win default status with mobile carriers grew dramatically when he was with the company, recognizing the potential growth of handheld devices and early versions of smartphones.

Google's clout in search, the government argues, has helped Google build monopolies in some aspects of online search advertising. Since search is free, Google makes money through advertising. The government says the Alphabet unit paid $10 billion annually to wireless companies like AT&T, device makers like Apple and browser makers like Mozilla to fend off rivals and keep its search engine market share near 90%. In revenue-sharing deals with mobile carriers and Android smartphone makers, Google pressed for its search to be the default and exclusive. If Microsoft's search engine Bing was the default on an Android phone, Barton said, then users would have a "difficult time finding or changing to Google."

Barton said on his LinkedIn profile that he was responsible for leading Google's partnerships with mobile carriers like Verizon and AT&T, estimating that the deals "drive hundreds of millions in revenue." Hal Varian, Google's chief economist, told the court that scale, or the number of search queries Google received, was important, but pushed back during questioning on how important. He also acknowledged giving a speech in which he said certain search queries, for instance for a tennis racquet, were important in effectively advertising to the person who made the query and to subsequent ad revenues.