EFF: Calling All Geeks – Help Explain To Judges Hearing Oracle v. Google Appeal Why Copyrighting APIs Is Such A Bad Idea

EFF

The Electronic Frontier Foundation (EFF) is asking for help in explaining to the federal circuit why copyrighting APIs is such a bad idea.

The EFF’s request comes after a victory earlier this year when U.S.District Court Judge William Alsup ruled in the Oracle v. Google case that an API can not be copyrighted. The ruling drew a sigh of relief from the tech community but the victory was short-lived. Oracle has since appealed and now a three-judge panel will decide if Alsup’s ruling should stand.

Alsup was that rare judge who actually learned how to do computer programming. It’s doubtful that the three judges will share such a deep knowledge of how applications work and integrate with APIs.  This increases the stakes considerably. The EFF puts it this way when Alsup made his ruling:

 Treating APIs as copyrightable would have a profound negative impact on interoperability, and, therefore, innovation. APIs are ubiquitous and fundamental to all kinds of program development. It is safe to say that all software developers use APIs to make their software work with other software.

The EFF needs help from software engineers, developers and those who benefit from APIs. They are looking for people who fall into either or the following two camps:

  • People who have integrated a third-party APIs, made calls to APIs or used APIs for interoperability, competition, or innovation.
  • Those who have implemented an API that helped the API provider  increase its user base or otherwise benefitted its developer community.

You can share your stories with the EFF through this email address: api@eff.org. The EFF will use the stories to explain to the judges why they should follow Judge Alsup’s lead and rule that APIs are not copyrightable.

Copyrighting APIs is ridiculous. Polymorphic Ninja compares it to someone saying they own the right to tomatoes. Tomatoes in themselves hold value but if they were copyrighted it would be pretty damn hard to make tomato sauce.

Furthermore, while I think that APIs are creative efforts, they are merely components of the bigger picture.  On their own, they don’t do much.  If one were to make an analogy to cooking, the ingredients to a recipe would be APIs, and the dish would be the application.  And like ingredients, APIs can be home grown, or bought from a vendor.  But no single vendor has the right to claim they invented tomatoes and that nobody else can grow them, even if they were to somehow convince everyone they were the first to figure out how.  And if they could, how do you suppose that would impact the price of tomatoes?  How many suspicious allegations would get thrown about if someone came up with a fruit that’s similar, whether it was done honestly or not?  And how many great dishes that depend upon tomatoes would have never been invented because of the controlled availability and fear of legal action?  Or what if an artist could prevent other artists from using a particular brush stroke because they “invented it”.  APIs are nearly on that level of abstraction and expression.

In tech terms, copyrighted APIs would make it very hard for companies to innovate.  It would isolate apps, making it difficult to develop a service like Box or Dropbox.  It would be unlikely that apps could get integrated like they do now. Let’s just hope these federal judges will listen to what people have to say. If they don’t the result will be one gigantic mess where pretty much everyone is a loser.


EFF: Calling All Geeks – Help Explain To Judges Hearing Oracle v. Google Appeal Why Copyrighting APIs Is Such A Bad Idea

EFF

The Electronic Frontier Foundation (EFF) is asking for help in explaining to the federal circuit why copyrighting APIs is such a bad idea.

The EFF’s request comes after a victory earlier this year when U.S.District Court Judge William Alsup ruled in the Oracle v. Google case that an API cannot be copyrighted. The ruling drew a sigh of relief from the tech community, but the victory was short-lived. Oracle has since appealed and now a three-judge panel will decide if Alsup’s ruling should stand.

Alsup was that rare judge who actually learned how to do computer programming. It’s doubtful that the three judges will share such a deep knowledge of how applications work and integrate with APIs.  This increases the stakes considerably. The EFF puts it this way when Alsup made his ruling:

Treating APIs as copyrightable would have a profound negative impact on interoperability, and, therefore, innovation. APIs are ubiquitous and fundamental to all kinds of program development. It is safe to say that all software developers use APIs to make their software work with other software.

The EFF needs help from software engineers, developers and those who benefit from APIs. They are looking for people who fall into either of the following two camps:

  • People who have integrated third-party APIs, made calls to APIs or used APIs for interoperability, competition, or innovation.
  • Those who have implemented an API that helped the API provider increase its user base or otherwise benefitted its developer community.

You can share your stories with the EFF through this email address: api@eff.org. The EFF will use the stories to explain to the judges why they should follow Judge Alsup’s lead and rule that APIs are not copyrightable.

Copyrighting APIs is ridiculous. Polymorphic Ninja compares it to someone saying they own the right to tomatoes. Tomatoes in themselves hold value, but if they were copyrighted it would be pretty damn hard to make tomato sauce.

Furthermore, while I think that APIs are creative efforts, they are merely components of the bigger picture.  On their own, they don’t do much.  If one were to make an analogy to cooking, the ingredients to a recipe would be APIs, and the dish would be the application.  And like ingredients, APIs can be home grown, or bought from a vendor.  But no single vendor has the right to claim they invented tomatoes and that nobody else can grow them, even if they were to somehow convince everyone they were the first to figure out how.  And if they could, how do you suppose that would impact the price of tomatoes?  How many suspicious allegations would get thrown about if someone came up with a fruit that’s similar, whether it was done honestly or not?  And how many great dishes that depend upon tomatoes would have never been invented because of the controlled availability and fear of legal action?  Or what if an artist could prevent other artists from using a particular brush stroke because they “invented it”.  APIs are nearly on that level of abstraction and expression.

In tech terms, copyrighted APIs would make it very hard for companies to innovate. It would isolate apps, making it difficult to develop a service like Box or Dropbox. It would be unlikely that apps could get integrated like they do now. Let’s just hope these federal judges will listen to what people have to say. If they don’t the result will be one gigantic mess where pretty much everyone is a loser.


Judge: Hey Oracle and Google – Turn Over The Names Of Your Paid Bloggers

oracleandroid

Oh, this is going to get juicy real quick.

U.S. District Judge William Alsup is demanding the names of any writers who have a paid relationship with Oracle or Google.

The demand came today in the ongoing lawsuit between the two companies in their dispute over the Android OS.

Alsup wrote he is concerned that the parties and/or their lawyers may have hired or paid journalists, commentators or bloggers who then commented on the case. The order was filed in U.S. District Court for the Northern District of California.

Alsup writes:

“Although proceedings in this matter are almost over, they are not fully over yet and, in any event, the disclosure required by this order would be of use on appeal or on any remand to make clear whether any treatise, article, commentary or analysis on the issues posed by this case are possibly influenced by financial relationships.”

Oracle and Google must turn over the names by August 17.

The controversy is enveloping Florian Mueller, one of the more incendiary bloggers on the topic of open source and patent law. Mueller has been covering the trial. He recently stated that Oracle is paying him as a consultant. His posts, surprise, have been very much in favor of Oracle’s arguments.

Mueller had this exchange today with well-known court reporter Ginny LaRoe:

The Oracle-Google trial has been a contentious one.Thankfully, though, Oracle lost to Google in its fight to copyright APIs.

Soon we will see who really does write for these two giants. My bet: the Oracle list will be far longer than the one Google presents to the court. And I expect we will see names of analysts among those on the payroll – especially from the larger firms.


The Verdict Is In: Google Did NOT Infringe On Oracle’s Patents

android-happy

Just over a week ago, the jury began deliberations on the ongoing patent infringement case between Google and Oracle. After waiting in the wings, with bated breath, the verdict is finally in, as Judge William Alsup of the U.S. District Court of Northern California dismissed the jury this afternoon after a unanimous decision that ruled in favor of Google’s mobile OS — declaring that Android did not in fact infringe on the Oracle patents in question.

The decision follows an opposing verdict earlier this month, in which the jury in the long-running infringement case found that certain components of Android APIs had too close of a resemblance to code used in Oracle’s Java programming tools. However, the jury ended up splitting on the notion of whether or not Google could in fact claim fair use in its defense (which could have then led to a mistrial.)

The jury’s decision was obviously a laborious one, following two years of a legal back-and-forth between the two tech giants. Oracle had initially filed the lawsuit back in August 2010, in which the company asserted that Android infringed on Java patents that Oracle acquired as a result of its purchase of Sun Microsystems. Google responded by saying that, at the time of development, it was not aware of Sun’s patents and that Android was in fact free to use.

Of course, that decision was only the first act in the three-part deliberations, in which the copyright infringement issues were to be followed by consideration of Oracle’s patent infringement claims (the focus of today’s hearing) and, finally, the damages Google might be liable for were it found found to infringe.

However, much of that speculation was rendered moot today, as a week of deliberation came to a close today at the U.S. District Court of Northern California, with the jury unanimously declaring that Google did not in fact infringe on the six claims set forth by Oracle in regard to U.S. Patent RE 38,104 as well as the two claims regarding U.S. Patent 6,061,520.

Of course, this does not mean that the whole case has been decided; instead, the decision marks the end of the trial’s second phase, which, again, focused solely on Oracle’s claims of patent infringement.

While the jury had previously found that Google was in violation of Oracle’s copyrights, as stated above, it could not come to a unanimous decision on the issue of fair use. Meaning that, although Oracle ostensibly “won” its copyright case, it effectively has a hold on its ability to collect on any of the $1 billion in copyright damages it is seeking from Google — a conclusion that was supported by the tweets of legal reporter Ginny LaRoe, who attended today’s hearing.

On top of that, there are a number of other legal questions surrounding the copyright case on which Judge Aslup has yet to issue a final ruling, although he is expected to come to a decision next week.

Updating


Android Lost Money Every Quarter In 2010, Made $97.7M In Q1

gavel2.jpg

Google has always been pretty cagey about the financials behind its Android mobile OS — and data that has emerged over the last week could give us an indication why: it’s been losing money from Day One.

In the lawsuit between Oracle and Google — in which Oracle claims Google, in its Android platform, infringes on copyrights and patents related to Java — a judge and jury are trying to work out what kind of damages might be awarded to Oracle. That case took a turn for the specific yesterday, when Judge William Alsup (as reported by Reuters) read out excerpts of Google documents that determined that the platform produced a net loss for every quarter of 2010 — and “a big loss for the whole year”.

He also noted that Android generated around $97.7 million in revenue in the first quarter of 2010.

The jury began their deliberations on Monday, and if they cannot come to a unanimous decision, then the trial will proceed to its second phase, concerning patents, with the first phase on copyright subsequently facing a retrial.

How much money Google has or hasn’t made is an important part of the case because it can be used to decide how much Oracle can potentially receive in damages if it wins the case — although Oracle contends that even if Android is making a loss, this should not have any bearing on the case.

Ironically, if Google can show it’s not making much money out of Android, then that may mean it has less liability. On the other hand, that difficult performance might also become a lever by which critics might begin to ask why Google is pursuing a business that is going nowhere financially.

Figures from Google documents from 2010 revealed earlier in the trial showed that Google expected a loss of $113 million in 2010 from Android and that it expected to have profits of $64 million in 2011; $248 million in 2012; and $548 in 2013. The vast majority of that revenue will be coming from advertising, with small but growing percentages also coming from app sales.


Android Lost Money Every Quarter In 2010, Made $97.7M In Q1

gavel2.jpg

Google has always been pretty cagey about the financials behind its Android mobile OS — and data that has emerged over the last week could give us an indication why: it’s been losing money from Day One.

In the lawsuit between Oracle and Google — in which Oracle claims Google, in its Android platform, infringes on copyrights and patents related to Java — a judge and jury are trying to work out what kind of damages might be awarded to Oracle. That case took a turn for the specific yesterday, when Judge William Alsup (as reported by Reuters) read out excerpts of Google documents that determined that the platform produced a net loss for every quarter of 2010 — and “a big loss for the whole year”.

He also noted that Android generated around $97.7 million in revenue in the first quarter of 2010.

The jury began their deliberations on Monday, and if they cannot come to a unanimous decision, then the trial will proceed to its second phase, concerning patents, with the first phase on copyright subsequently facing a retrial.

How much money Google has or hasn’t made is an important part of the case because it can be used to decide how much Oracle can potentially receive in damages if it wins the case — although Oracle contends that even if Android is making a loss, this should not have any bearing on the case.

Ironically, if Google can show it’s not making much money out of Android, then that may mean it has less liability. On the other hand, that difficult performance might also become a lever by which critics might begin to ask why Google is pursuing a business that is going nowhere financially.

Figures from Google documents from 2010 revealed earlier in the trial showed that Google expected a loss of $113 million in 2010 from Android and that it expected to have profits of $64 million in 2011; $248 million in 2012; and $548 in 2013. The vast majority of that revenue will be coming from advertising, with small but growing percentages also coming from app sales.


Gillmor Gang 8.6.11 (TCTV)

The Gillmor Gang — Robert Scoble, Danny Sullivan, Kevin Marks, and Steve Gillmor — talked patents and PR, Spotify, and everything except Google+ for the first time in weeks. It’s not that G+ has jumped the shark; in fact, it is the shark on which realtime video streaming will emerge when YouTube finally goes live. It’s a race with iCloud to get there, with AirPlay-enabled Spotify stoking the fire in the near term.

Social signals are gaining value as feature sets and hardware mature, as we harvest our laboriously-created investments in individual and virtual spheres of influence. For the Gang’s part, we’re going to begin broadcasting live from and to the iPad as events warrant it, starting with a trip to the heart of the emerging Social Enterprise at EvolutionCRM in New York next week.

@Mention Cloud: @stevegillmor @scobleizer @dannysullivan @kevinmarks @jtaschek @borthwick



Person:
STEVE GILLMOR

Steve Gillmor is a technology commentator, editor, and producer in the enterprise technology space. He is Head of Technical Media Strategy at salesforce.com and a TechCrunch contributing editor. Gillmor previously...

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Robert Scoble is an American blogger, technical evangelist, and author. He is best known for his popular blog, Scobleizer, which came to prominence during his tenure as a technical...

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KEVIN MARKS
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Kevin Marks is a software engineer. Kevin served as an evangelist for OpenSocial and as a software engineer at Google. In June 2009 he announced his resignation....

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DANNY SULLIVAN

Widely considered a leading “search engine guru,” Danny Sullivan has been helping webmasters, marketers and everyday web users understand how search engines work for over a decade. Danny’s expertise about...

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Yawn: How Did Big Tech Companies Turn into Big Boring Banks?

If you are reading TechCrunch you probably already realize this fact: Flavor-of-the-month consumer Internet companies have a way of hogging the spotlight. If you didn’t, we conveniently published some evidence of it yesterday.

But that reality predates us by at least a decade. In 1999 when the world talked about Silicon Valley, they usually meant sexy dot coms. The fascinating new reality of being able to do anything from buying groceries to downloading music instantly online was phenomenal (if ephemeral), and everyday consumers tended to miss the far larger, equally disruptive and frequently more sustainable businesses being built in enterprise software and telecom.

But Wall Street didn’t: Larry Ellison of Oracle eclipsed Bill Gates for a short time as the richest man in the world, Sun Microsystems and Cisco Systems were two of techs biggest out-performers of the era and the billions invested in telecommunications made the dot com cash look like chump change. Venture capitalists didn’t miss it either: Substantially more money was put into telecom companies in the run up to the dot com bust, lulled by a sense of false assurance that at least these overvalued companies had “real assets” that could be liquidated if need be.

In 2005 when people were writing headlines about “the return of Silicon Valley,” a lot of people working in technology were justifiably irritated. After all, tech behemoths like eBay, Yahoo, Oracle, Intel, Hewlett-Packard never exactly left. Silicon Valley and the tech industry in aggregate was several orders of magnitude bigger than it was pre-Internet bust, even with all the lost jobs and delisted companies. Veterans griped about sites like TechCrunch and ValleyWag making sweeping statements about the Valley, but really only reporting on a comparatively small-money resurgence in the then tiny consumer Internet space.

That focus on the sexy, social, consumer Web over everything else has only gotten more pronounced as those many of those one-time flavors of the month like Facebook, Zynga, Twitter and Groupon have become bonafide giants. The difference is that now the divergence in attention actually makes sense.

But it’s not necessarily between consumer and enterprise; it’s between old and new tech. It just looks like it’s all about consumer, because we just haven’t seen that many big new enterprise companies yet. (Plenty are building steam, and just keeping it quiet. Others just take time to get traction because traction is represented by paying customers, not just eyeballs.)

I’ve been thinking about this a lot the last few months. Once was during a conversation with Jon Swartz, the veteran tech reporter at USA Today. We were swapping war stories about having to report on big personalities like Scott McNealy and Larry Ellison and Tom Siebel back in the day. And he asked, “What ever happened to those huge personalities?”

Sure Ellison is still around, but he rarely does press and, sadly, his antics are even rarer. And the prickly-but-genius Steve Jobs has morphed into a comparatively boring do-no-wrong deity in popular Valley consciousness. There are few others left to even inspire. The biggest tech companies in the world used to be lead by outrageous visionaries. Now they’re mostly lead by boring businessmen so media trained they couldn’t say anything interesting if their life (or stock prices) depended on it.

It hit me again a few months later when I was talking to Peter Thiel about the state of publicly traded tech companies. We talked about embattled companies like Microsoft, Hewlett Packard, Yahoo and Cisco that can’t seem to do anything right except hang onto core cash cow businesses. These companies have all either had recent CEO changes or investors are calling for them. In the case of Yahoo, both are happening.

I asked Thiel if anyone could really change these companies’ fortunes or if they were just destined to be value stocks, their best days behind them. He said, “The problem is these big tech companies are just like banks now; all they do is print money. And that’s boring. What would you do as CEO? You could just massively fire people who pretend to be innovating and maximize that cash. Think about it– 90% of Google’s projects don’t make any sense. But [these companies] have [all] identified themselves as technology companies. It’s a big part of their self image.” He continued, “(Running these companies) is just not fun. People are too unfair on Carol Bartz. Yahoo is arguably in a tougher position than old media”

And it hit home again a few weeks ago during the All Things D conference during Marc Andreessen’s talk where he outlined many reasons why there isn’t a bubble in tech. More substantial than his rationale of the fact that everyone is freaking out about a bubble means we’re not en masse buying into one was his point about price-to-earnings ratios of the large tech companies. At the time, he noted that Google’s was 13.7, Apple’s was 12, Microsoft’s was 7 and Cisco’s was 7. Some of those are up since his talk, but they still hover between 9 and 15. “That’s what steel mills trade at when they are going out of business,” he said. “Essentially Android is being valued at zero. The public market hates tech.”

I agree that the P/Es of Apple and Google are somewhat puzzling. Let’s set them aside. For the rest of big tech, the market reaction isn’t necessarily without reason. Big tech–the publicly-traded companies that still control so much of our digital lives and the returns of venture capitalists via endless acquisitions–haven’t been giving the markets much to get excited about for years and it’s getting worse, not better. Worse: They’re not giving employees and customers anything to get excited about either.

This was also pronounced during the entire All Things D conference. I don’t in any way mean what I’m about to say as a knock on a competitor. All Things D is a phenomenal event and the only conference I cover these days other than our own. And while I think no one beats TechCrunch at giving startups a place to debut and assembling the biggest names in the venture-backed ecosystem, All Things D’s annual event rules when it comes to bringing together the big names in big tech. This is a conference, after all, that gets Jobs to appear on stage with Bill Gates. And, yet, most of the big tech names trotted out this year — while worthy of the slot by resume– were just utterly boring to listen to.

Nearly everyone I talked to in the hallways remarked on the vast difference in energy and content between the new guys on stage represented by Twitter’s Dick Costolo, Groupon’s Andrew Mason, Square’s Jack Dorsey and Andreessen and, well, nearly everyone else who spoke. Each of the old-tech guard sat on stage, made semi-amusing jokes, and justifications for why they are still relevant and why they’ll get better.

Eric Schmidt’s dour opening keynote that explored all the areas the still comparatively mighty Google has stumbled turned out to be the perfect table setter. Few of the others were as candid, but the same sorry-we-sucked-for-a-while-but-we-swear-we’re-getting-better justifications were there.  Steven Sinofsky of Microsoft talked about how the new version of Office is more Apple-y…if only all the silos in the company can agree to get behind it. Leo Apotheker of HP explained why HP would still win in tablets and why consumerization of the enterprise would benefit HP, not say, a company great at building consumer experiences. Shantanu Nayaren of Adobe said the whole war over Flash with Apple was overstated, but fortunately other vendors would eventually beat Apple anyway so it didn’t matter. Stephen Elop of Nokia talked about how Microsoft’s operating system would suddenly make Nokia a smart phone powerhouse. And finally, the conference fittingly closed with AT&T CEO Ralph De La Vega answering every angry volley from Walt and Kara about its loathsome network with justifications for why if we only give them the T-Mobile acquisition, all will be fixed. Is anyone buying any of this? 

It wasn’t the problem of the conference’s appeal. As a competitor, I’d love if that were the case. But realistically who in big tech would have been more riveting? You can’t have Steve Jobs every year. Meanwhile, there were plenty of people in the audience I would have rather heard from, including senior executives of surging companies like Facebook, One King’s Lane, and Yelp.

Is it any wonder there was such a frenzy around LinkedIn’s IPO? At least it’s a new script. It’s like when you used to be bored in class and a bird flew in the window and everyone went nuts. A bird probably wouldn’t be that exciting if you were outside playing frisbee.

It didn’t used to be that way. Big technology companies used to do interesting things and if not, many had cowboy personalities to make boring businesses interesting. But who wants to be head of a Nokia or a Microsoft or a Cisco or a Yahoo now? All of these companies have powerful entrenched user bases that aren’t going anywhere, and they’ll all make that justification anytime an analyst complains about their growth. Great. But their businesses are irrevocably declining if not in actual users, in terms of market influence and ability to recruit anyone talented. They can’t do wildly innovative things because stabs at innovation have failed so many times. They are in a total duck-and-cover mode. Who wants to be in duck-and-cover when a world of lucrative startups are exploding into the public markets?

In the last boom era, the publicly traded technology companies were also surging. Cisco’s John Chambers was nicknamed the Pied Piper of Wall Street. Today he is fighting for his job, along with Microsoft’s Steve Ballmer. In fact, their biggest selling point may be that so few great leaders want their jobs, and there’s no natural successors in the wings. Those people have all left for other opportunities. (There goes another one with always-the-bridesmaid-never-the-bride Ann Livermore’s departure from HP.) Then there’s Yahoo: The company so siloed and dysfunctional it’s made Terry Semel, Jerry Yang, and Carol Bartz– three respected leaders with totally different skill sets– each look incompetent. These companies have all essentially become Novell.

Out of the entire tech universe, three legacy companies have stayed as relevant as any startup: Apple, Amazon and Netflix. All three are testaments to visionary founders with a strong will who aren’t afraid to utterly disrupt their companies and cannibalize their own businesses.

The only other legacy tech public company I’d put near that camp is Oracle. And the reason that Larry Ellison outmaneuvered his entire industry? By predicting what is happening now: That the IT revolution was over. That tech was no longer a differentiator for his customers. It was merely table stakes to being in business, like having desks, power and phone lines. He argued the answer for growth was a sheer land-grab of already installed customers who would pay ongoing maintenance and upgrade fees until seemingly the end of time.

Back then everyone said Ellison was wrong. Top business schools wrote new case studies on why tech still mattered, software-as-a-service startups argued they could still unseat Oracle in big deals, and truckloads of experts said that hostile takeovers in the software world would never work because the integrations would be too messy and those companies’ real assets– programmers– would all leave. But Ellison was right. (Although I’d argue at some point a new generation of software will unseat Oracle and its acquired parts. It’ll just take a lot more than the first wave of software as a service companies had to offer.)

In previous decades of Silicon Valley companies were building a new industry, so almost all tech companies had growth potential. Now there’s a stark line between mature technology and technology that is still growing in aggregate. They are simply different industries. Arguing this is still one industry; that all of the companies who make technology are investing in change is like saying any company with a Web site is an Internet company.

As this discrepancy widens between 1990s era tech and today, I was reminded of an interview Thiel did several years ago with CNBC where he was asked what large cap tech names he was bullish on. He answered that other than Google there were no large cap tech names, because companies like Intel and Microsoft are inherently anti-technology companies. Their success, he said, is rooted in the status quo. The best of all possible worlds for them would be the global technology user base never adopting anything new. CNBC’s anchors looked confused at this concept. Microsoft isn’t a tech company? Not too long ago, Microsoft was *the* tech company. 

But Thiel was right. Too many of the companies that built out the IT revolution and Silicon Valley are “technology” companies in name only now. They aren’t disrupting anything, they are doing the opposite. They are desperately clinging to the status quo. They still have massive amounts of cash, massive installed user bases that won’t be switching loyalties anytime soon and those are really the only two reasons they still matter. To fuse Thiel and Ellison’s arguments: They are banks whose job is to print money paid by people who are slow to change their digital habits. Even our parent company AOL is funding its radical turn-around largely off of people who don’t know they no longer have to pay us every month for a subscription to the World Wide Web. (I’ll at least give Tim Armstrong credit for being interesting on stage.)

But it’s even more true now that huge, lucrative opportunities have sucked anyone remotely talented out of those companies. At least people were wary of working at a startup back then. Now it seems risky not to be at a startup. LinkedIn and Facebook alone have proved social media wasn’t a fad. These companies, along with Twitter, Zynga, Groupon and others, are legitimately the most interesting stories in the American business world today, as they play central roles in global political uprisings and represent some of the most anticipated stock market debuts of the last decade.

We can point out Groupon’s shortcomings and risks every day: The stock will still be in high-demand when it debuts. Because the reality is there are only a handful of companies actually inventing new technology and businesses among the biggest public traded tech names today.

The sooner we realize this is no longer one industry, the sooner we can stop the silly bubble comparisons to 1999 and get a handle on why these issues will keep popping. We all want something that’s actually growing and disrupting and inspiring. Silicon Valley and the start up world has gotten to enjoy a lot of it over the last ten years, and Wall Street is sick of just watching.


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