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Monday, November 30, 2009
When Google Scholar launched five years ago on the Web, its aggregation of freely available scientific literature and citations launched some sizable seismic activity in publishing circles. All of a sudden, content that had been aggregated only via expensive subscription database services was available for free and accessible as easily as any Web page. Five years later, Google Scholar has expanded to include most freely available academic research sources, as well as abstracts from subscription sources and public patent records and is an increasingly popular resource for researchers and students. However, major aggregators of scientific publications still remain successful, in large part because they continue to develop more sophisticated search and display applications and, well, because time has been on their side. Pressures from Open Access advocates who press for free access to scientific research and an increasing array of applications built using Google Scholar as a source have begun to open major cracks in the barriers to entry into scientific publishing markets, but the people in charge of enterprise purse strings did not use Google Scholar in their university days. So, in spite of budget cuts. the status quo remains largely intact for many scholarly publishers.

With this in mind, some reasonable skepticism is probably in order as Google announces the launch of a new Google Scholar service that makes full text legal opinions and legal citations available for case documents from U.S. federal and state district, appellate and supreme courts. Public records are becoming more commonly available in general thanks to both Google and other publishers that see opportunities in generating value from public content, so this move should come as no major surprise to anyone. Yet this first major foray by Google into legal content is surprisingly strong - and may be the beneficiary of better timing than earlier Google Scholar product improvements. While legal publishers will rest soundly knowing that the search capabilities for legal documents in Google Scholar are limited to simple "white box" queries, they may not be so tranquil when they look at the results themselves. Documents are rich in links to legal references in the cited documents, a capability that has been for many years one of the key calling cards for legal databases.

Things get even more interesting when you look at the citations tab that is available for each located legal document. Google Scholar offers you brief, in-context snippets of how a case was cited in key documents, as well as comprehensive listings of citations in court documents and documents related contextually to the selected document. While that's far from the full capabilities that a LexisNexis or Thomson West offer to their professional clients, it's pretty much pointed at the core of their database offerings, nevertheless.

The Above the Law blog has a good summary of analysis and reactions from both legal experts and publishers, but I think that the most salient point comes from Social Media Law Student, which points out that this freely available information is likely to become a "go-to" content source for students who may not have ready access to subscription-based content sources. Looking at the offerings coming to market from Lexis.com, though, which I walked through recently as a part of my SIIA CODiE judging for Best Aggregation Service, it's not as if LexisNexis isn't aware of this "digital native" culture gap, as they try to index both public documents and freely available Web content to make it more accessible to legal students and professionals.

The threat that Google Scholar's new legal content represents to established publishers, though, is the exposure of a huge body of public documents to applications builders and content services. Much as Google Books' scanned out-of-print library holdings have created a resource for ebook platforms from the likes of Sony and Barnes and Noble, this new initiative from Google opens up more cost-effective competition for legal services publishers who may want to attack legal markets from new and innovative angles using Google Scholar as a resource. Some of the innovators may be startup companies in the mold of Collexis, which leveraged publicly available scientific content to showcase their innovative content discovery tools. Others may be business information competitors in adjacent markets, who may see a way to pick off some of the "low-lying fruit" using core legal content maintained by Google.

None of these really add up to a significant challenge to either LexisNexis or Thomson West in the short run, but they will tend to hold down their margins as they lose some market share and lose leverage at the negotiating table at contract renewal time. What this does add up to, though, is a strong case to have professional-grade legal information services more integrated into a far wider array of business information sources to support enterprise decision-making on many levels. If digital natives will have increased access to well-integrated legal content, the high end of legal information markets will need more unique content and integration across a fuller range of business information sources to justify premium prices.

As I mentioned earlier on ContentBlogger, I do think that Reed Elsevier would be smart to consider selling LexisNexis at this time in anticipation of this likely consolidation - or, alternatively, expand its business information holdings to build a broader base of services for LexisNexis. I think that the former is more feasible than the latter given current market conditions, and would enable Reed Elsevier to cash in on the still-formidable value of LexisNexis before it begins to lose significant market growth potential. Thomson was able to spin off its print assets near the peak of their value before print publishing markets ran aground, a trick that Reed Elsevier was not as fortunate in managing in the sale of its Reed Business Information publishing assets. Google's new legal offerings are not a death knell for premium legal information services, but they are a canary in the coal mine for database services based on public legal records. We'll be watching this space carefully in the months ahead.

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By John Blossom - posted at 11:18 PM
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Wednesday, October 14, 2009
A recent press release from Autonomy hailed an IDC report that gave them the leading market share for the search and discovery technology market. While congratulations are no doubt in order for Autonomy, which has thrived as other major competitors have struggled to gain momentum in general enterprise search markets, there's a wrinkle to this boast that should give one pause to wonder. Sue Feldman's indicating in the report that Autonomy has a 14.4 percent share of the search and discovery market in 2008, which is certainly nothing to downplay but also not a crushing dominance of this market. In other words, even the world's dominant enterprise-oriented search technology provider is little more than a niche player.

This is in part because there really isn't "a" search technology marketplace in any strict sense of the term. That may sound strange at first, but it's certainly true that search as a content location tool can only measure its success against very specific needs. Each enterprise, each publisher and media outlet, each marketplace has specific needs for content that determine whether a particular technology has been well tuned to its needs. We can use tech terms such as precision and recall to define in general terms how effective a search technology may be in returning useful information, but if a technology can't deliver editorial value very specific to an enterprise, it's just a general tool that is rapidly and easily commoditized rather than a powerful content tool.

The importance of catering to very tailored content delivery needs was underscored in my mind by a recent chat with Craig Carpenter, Vice President of Marketing for Recommind, a company providing content categorization and discovery tools that are finding particular success in legal and corporate compliance markets. Recommind has focused its capabilities on supporting functions such as e-discovery processes that enable an organization to understand what documents relate to a particular legal matter in the early phases of assessing a case. Going through emails, word processing and other unstructured enterprise documents rapidly to determine which ones relate to key figures in a legal matter or or compliance issue is a good stress test for any search technology. With recent U.S. government rules encouraging the use of electronic tools to accelerate content discovery, Recommind is one of a few companies that are well positioned to both accelerate compliance with those expectations and to eliminate legal expenses associated with the discovery process.

Certainly companies like Autonomy may be competitive in such situations, but when companies such as Recommind are focused more deeply on the needs of specific market sectors, they become, in effect, like subscription enterprise information services, delivering highly relevant content rapidly and reliably. There are, in truth, fairly few ways to attack search from a technology standpoint, so the most profitable victories in enterprise search and discovery technologies tend to go to the companies that have technology that is highly tuned to the very specific needs of a given market or client. That doesn't necessarily make one technology better than another in attacking those problems, but oftentimes only better tuned and one step ahead of other technology providers. So the fact that a company like Recommind is down in the depths of tuning their technologies to legal discovery and corporate compliance can offer them better margins for solving more focused, high-value enterprise problems - often the same kinds of problems that many enterprise publishers are trying to solve.

I do think that companies like Recommind that have done the heavy lifting on difficult enterprise search problems in specific sectors or problem sets can turn out to be double threats in enterprise content markets. Not only do they get to solve higher-value problems that are easier to measure for ROI, they also get to redefine market opportunities into other adjacent markets that may be difficult for others to attack. For example, when you look at the technology issues behind legal discovery, corporate compliance and more general high-value enterprise problems such as records management and knowledge management, there's a lot of overlap with a whole different range of technology services providers. On the other side of the spectrum, being able to categorize and organize content for the legal sector very effectively also begins to nibble at the opportunities for subscription enterprise services such as Thomson West and LexisNexis, which are also focusing more on semantic content organization but not necessarily with the deep technology focus of niche players such as Recommind.

Of course, the opposite forces of two-sided competition from large rivals can push back at niche-oriented technology players, but in general today's markets seem to be favoring specific solutions that make specific pains go away quickly in enterprises, with more general solutions with bigger tickets and fuzzier ROI being strung out on longer sales cycles. I don't think that we'll be seeing many new players like Recommind entering enterprise markets any time soon, but I do think that those that were able to get launched and cash-positive in the past few years are going to be tough competitors in the two-prong fight for content and technology dominance in the enterprise. Individually they may not take up anything like a 14 percent share of search and discovery markets, but when you look at their ability to respond to the best revenue opportunities within those markets, you can pretty much forget about the pie as a whole and start looking for the plums inside the pie that matter most.

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By John Blossom - posted at 3:29 PM
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