Match Group, LLC v. Bumble Trading Inc.

Western District of Texas, txwd-6:2018-cv-00080

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7 Exhibit E 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5For Tinder – DIG Filed 101 08/02/19 Page 2 of 37 DIG 101 Introduction to Digital Studies Swipe Right For Tinder The dating application Tinder created by Sean Rad, Justin Mateen, and Jonathan Badeen in September of 2012, is a phenomenon that has not only tapped into many social spheres that would normally not utilize online dating, but it also has won over regular web daters. Tinder is simple. To access the app, one only has to download it and connect to their Facebook account. That is it. From this point, the user sets the gender, age range, and distance they want to search within for matches. Tinder utilizes a user's geographical location along with certain algorithms to carry out a search ("Tinder"). Then the fun begins. Once Tinder has executed its search, candidates appear on a user's screen. As journalist Emily Witt puts it, "Depending on your feelings for these people, you swipe left (meaning 'no thanks') or to the right ('yes, please')" (Witt). Some users, like Anna a 22 year-old New York City Tinderer, nd the selection part of Tinder's process "a game" due to its slot machine like ease (Sciortino). Tinder seems to have hit a home run, except for one thing that its users keep bringing up: What is Tinder's purpose? Ann Friedman believes, "Right now, the answer could be 'casual hookups' or 'last minute co ee dates you feel free to ake on'" (Friedman "How Tinder Solved"). Witt views Tinder as a "dating-hookup hybrid" (Witt). Tinder's CEO Rad and CMO Mateen think their product should be seen as an all encompassing relationship nder that could extended beyond romantic relationships: "Married people can use it to nd 1/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5For Tinder – DIG Filed 101 08/02/19 Page 3 of 37 tennis partners!" (Witt). Tinder's nebulous intentions seem to be its only downside. Nevertheless, many people do not nd Tinder's uncertain purpose a problem as evinced by Tinder's currently booming business. Forbes reports that over the past year the app has experienced over 600% in growth and has been download over 40 million times since Rad and Mateen took it public (Bertoni). However, no matter how people decide to interpret Tinder and its implications, the fact remains that it has in uenced our society's technology, culture, economic, and ethics. Tinder's inception began in 2006 when Rad dropped out of the University of Southern California. After leaving school, he tested his entrepreneurship skills, creating one unsuccessful startup and one successful one. The later turned out to be pro table, but unenjoyable to Rad so he sold it for several million dollars and took a position at Hatch Labs, a think tank for new apps. At Hatch, Rad met up with his college friend Mateen (Bertoni). During one of the Lab's "Hackathons," Rad and Mateen began discussing a problem they had both been experiencing: "the frustrations of sending smoke signals [to the opposite sex] through social media" (Witt). The application that would become Tinder was a product of this discussion. Rad and Mateen outlined the product that day, rst naming it Matchbox. Soon after this their boss provided them with the funds needed to program the app. Once they created it, Rad and Mateen ended up changing its name to Tinder in order to di erentiate it from InterActivCorp's (IAC) popular dating site Once the app was operational, Mateen reached out to his old social contacts at Southern Cal to stir interest in Tinder (Bertoni). Mateen focused on the college crowd who normally would be disinterested in any sort of online dating because he "wanted people to join Tinder not because they saw an ad on Facebook but because they recognized its social value" (Witt). In September of 2012, they launched the app at Southern Cal, and commenced to travel to well known party schools to expedite Tinder's growth. At and around these college's campuses, their representatives would go to "the best campus bars and the most exclusive nightclubs" peddling their product (Witt). During the early stages of Tinder, few people used the app, but these few were extraordinarily attractive. In Los Angeles and around these party schools, Mateen sought out female models and attractive sorority and fraternity members to establish 2/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5For Tinder – DIG Filed 101 08/02/19 Page 4 of 37 Tinder's base. Mateen was stocking the pond, if you will. While marketing Tinder, the company's vice president, Whitney Wolfe, went to a nearby Apple Store and let a Genius preview it. She recalled that "his eyes popped out of his head as there many have only been 200 [females on Tinder] but they were 200 of the prettiest girls you've ever seen" (Witt). Obviously, Tinder has undergone much growth and change since then. In November of 2013, they reported, "users from the 18-24 range have already fallen to 60% of the Tinder population […] from the 80% at the beginning of this year" (Summers). This is quite a change from the age range Rad and Mateen focused on while the application was in its infant stages. Tinder's attractive and socially adept users spurred on much of its growth during these early stages and gave it its reputation of being a rare ed commodity. As Tinder users become more mainstream and older, its users are bound to become less model status, less Greek, and more normal. As far as statistics go, this demographic shift has not slowed Tinder's growth, but it could eventually hurt its reputation amongst the crowd that brought it to its current level of prevalence. If this shift alienates Tinder's base group, could this, in turn, end the app's popularity and social acceptability? Prior to Tinder's rise to dominance in the dating app world, no application ruled. Several applications were around that were and still are similar to Tinder. They are Grindr, Blendr, and DOWN (formerly known as Bang with Friends). In 2009, Joel Simkhai created Grindr, a dating app geared it towards gay and bisexual men. The application uses other app users' locations to show their distance from you and orders them in a list with the top names being the closest in proximity. This element of Grindr takes away the popular gaming quality of Tinder's swipe option by giving you a laundry list of possible matches. Once a user selects a pro le to view, the chosen pro le displays something that sets it apart from Tinder: "Looking for." 3/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5For Tinder – DIG Filed 101 08/02/19 Page 5 of 37 Grindr Pro les This removes some of the ambiguity that Tinderers experience by the person's intent for using the app. However, even with this feature Vanity Fair's Matt Kapp still nds the application's purpose vague. As he puts it "The company seems to be su ering from a serious case of writer's block when it comes to articulating what Grindr is or intends to be. […] Its logo looks like a cross between a vaudeville mask and something Hannibal Lecter might wear. The company's explanation of the same Grindr strains credulity. 'Here's the deal: The name 'Grindr' was chosen because it embodied the idea of 'grinding' people together in the same way that a co ee grinder grinds co ee beans'" (Kapp). 4/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5For Tinder – DIG Filed 101 08/02/19 Page 6 of 37 Grindr's Logo The combination of Grindr's fearsome logo and uncomfortable name description do create uncertainty. Who wants to use a dating app that cranks and churns a user from nice wholesome co ee bean to a ne powder of co ee grounds under the watchful eye of Hannibal the cannibal? Maybe a really masochist deviant, but most likely this app's success is due to its monopolistic hold over the market of gay dating apps. Unfortunately for Grindr, its ambiguous qualities do not end there. Its messaging can cause further confusion. Any user can message another user whenever or however they want. The sender needs no consent from the receiving party to send a message. The message can contain text, no matter how profane, or pictures, again, no matter how profane. The unrestricted content of messages can perplex and maybe even scare o users like 'David' (pictured above) who seek friendship. A nude pic might give 'David' misgivings about the app that markets itself as an all encompassing relationship nder. Because Grindr casts such a wide net by seeking "relationships" (i.e. 5/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5For Tinder – DIG Filed 101 08/02/19 Page 7 of 37 friendships, sexual relations, dating) neither 'David' nor the sender is in the wrong (Kapp). Despite Grindr's struggle to de ne its purpose, in June of 2012 it had 4.5 million users who each spent about 90 minutes a day searching for mates (Friedman "Overwhelmed"). This enticed Joel Simkhai to create Blendr, the heterosexual equivalent of Grindr. Before Simkhai released Blendr, he claimed its purpose was " nding new friends" using the app's geographical location technology instead of "sex and dating" (Neate). Almost a year later, Friedman gave the app a test drive and immediately felt "cornered [and] overwhelmed" from the instantaneous barrage of messages from random male users (Friedman "Overwhelmed"). She now says she only opens the app "to show it to friends, scrolling through pages and pages of unappealing men in what resembled a masochistic digital age performance-art piece titled 'Why I Am Single'" (Friedman "Overwhelmed"). Friedman experienced what a Northwestern University study on online dating termed "the deluge problem" (Friedman "Overwhelmed"). Whether these incessant "Wassup[s]?" or "Whaat are you up to[s]?" were sent to Friedman in the name of friendship or sex, Blendr, like Grindr, has too little restriction on its content. Unlike Grindr, who dominates the gay dating app niche, Blendr does not have the bene t of controlling the market of heterosexual dating apps therefore blunders can be costly. One of Blendr's competitors is the app DOWN. DOWN deviates distinctly from Blendr in three di erent ways. The rst and most obvious di erence is that DOWN does not utilize the popular geographical locator. Instead, DOWN searches within a user's Facebook friends for possible matches presenting them on a one by one basis. Once a candidate is presented then, similar to Tinder, a user can swipe through the presented candidates. However, DOWN's swipe function upgrades Tinder's. In place of the right, left swipe options, DOWN presents the user with three: Swipe up for a date, swipe down to "get down," and swipe left to decline. This feature removes the ambiguity Tinderers have come to dislike while keeping the fun, game like swipe function. If one user swipes up, but the other user swipes down, then the 'down' user will be noti ed giving them the option to accept the date or decline the other person altogether. Once both users have agreed to and accepted their parameters and each other, messaging 6/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5For Tinder – DIG Filed 101 08/02/19 Page 8 of 37 can begin (DOWN App). However, even though DOWN seems to have taken a rm step in the direction of pinning down the de nition of their app that other apps have struggled doing, this might only be a ploy on the behalf of DOWN's creators to separate themselves from their competition. Look at this image of the "How It Works" section of their website: DOWN's 'How It Works' page As evinced by the sexual nature presented on the 'How It Works' page, DOWN does not seem to have moved beyond its original intent to simply bang with friends. Once this fact becomes known will this impact its users' perceptions of the app even though they still have the option to date or get down? Early in 2013, Friedson forecasted that "until a start up comes along that manages to make mobile dating not weird by o ering women—and the men they want to meet— control, incredible lters, and clarity of mission" no one app will ever dominate the heterosexual market (Friedson "Overwhelmed"). Is Tinder this app? Tinder's improvement upon many dating sites and some of the apps mentioned above has won over many users. The rst thing that many users notice is the app's ease of use. Most dating sites require participants to ll out a detailed questionnaire, which deters many possible candidates from using the site. The normal online dater is a hard 7/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5For Tinder – DIG Filed 101 08/02/19 Page 9 of 37 working person who does not have time to date through traditional methods, little less "put the time and e ort into meticulously constructing a pro le, screening dozens of messages, and going on dates with guys who look nothing like their pictures" (Friedman "How Tinder Solved"). Therefore Tinder is an attractive option whose sole requirement is acquiring access to the user's Facebook account. Women Tinderers also tend to nd its link to Facebook comforting. It provides a degree of authenticity that dating sites cannot. You might be thinking to yourself that faux Facebook pro les are just as common as fake dating pro les, but Facebook is "ruthless about cracking down on fake accounts," which brings a Tinder member closer to legitimacy than they can get via a dating site (Friedman "How Tinder Solved). Another bene t of Tinder's Facebook alliance is that Tinder displays mutual friends when viewing another's pro le. If the viewer feels comfortable enough to ask their friend about the individual being viewed this could add another avenue of accuracy (Friedman "How Tinder Solved). Like on Blendr and other dating websites, most women endure relentless undesired messaging. Tinder solves this problem (as does DOWN) through what Emily Witt calls the "double opt-in," which is "some establishment of mutual interest that precedes interaction" (Witt). This is, of course, when two users both swipe right to each other on the app. The double opt-in not only eliminates the unwanted messaging making the app attractive to users who were scared o from Blendr or regular dating sites, but it also relieves the pressure of real life dating. Now a person does not have to su er rejections since they know through the app that the person they are going to pick up has already agreed to go out with them. Another bonus for Tinder users, especially women, is that Tinder disables the capability to send pictures through the app. This spares many parties from having to su er unwanted nude pictures that are prevalent on Grindr and Blendr (Kapp). To answer Friedman's question, yes, out of all the apps presently available, this is best and most legitimate dating application. Tinder not only provides the above-mentioned bene ts to dating, but it also allows the matched duo to (somewhat) organically decide if they are right for each other and leaves some excitement in the form of the unknown to the date by withholding personal information. Also, using Tinder is socially acceptable, unlike dating sites that sometimes equate a user to a spinster: It is 8/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 10 of 37 something people are not afraid to do at a party or at a bar to pass the time. In fact, it sometimes becomes a game to play with friends. DOWN is a close second because it eliminates the ambiguity that annoys Tinderers by allowing users to determine its purpose with its upgraded swipe function. But DOWN draws from a limited pool that could have alienating consequences among a user's friends if the date turns sour. More clearly, Tinder's statistics prove its legitimacy as the top dating app: It has over 1 billion users and receives over 800 million swipes per day (Gannes). More importantly, 80 percent of Tinder users return to the application each week and 65 percent of Tinder users return each day (Wilson). Yet, despite its popularity, some people believe Tinder corrupts dating, while others believe that it is a new exciting way to date online. It is Tinder's innovative design that maintains this large user base and retention rate. Tinder borrows key pieces of design from other applications and incorporates them into a successful application, which has allowed Tinder to make incredible contributions to technological elds. Tinder Design Tinder borrowed several design ideas from previous applications and principles of human behavior. After people are matched on Tinder, they can send direct messages to each other through the application. This direct message service is based o of I Message for IPhones (Wilson). Similarly, the pro les on Tinder are based on Facebook 9/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 11 of 37 pro les (Wilson). In addition, as with many applications today, Tinder tracks user behavior. All new features in Tinder are created based on tracked information, and all new content that is generated is based on users' previous use of the application. Most importantly, as with other applications, all of the changes made to Tinder are based on user actions (Wilson). By emulating previous applications, Tinder is able to build on and meet user expectations. Along with emulating applications, Tinder emulates human behavior. Just like when people meet in real life, when people meet through Tinder, Tinder starts by presenting them with the face of potential dates and then lets people talk to each other just as happens in real life (Wilson). By creating a design that is similar to real life, Tinder takes advantage of user expectations again; and therefore, makes people more engaged in the application. Learn about some of these design principles from one of the creators himself in the rst 4 minutes of this video: All of these aspects of the design of Tinder that were borrowed from other applications have contributed to Tinder's success, but it is the new aspects of its design that truly have made it successful. A key part of the design of Tinder is its simplicity. Tinder only requires people to swipe right or left to interact with the 10/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 12 of 37 application (Wesson). The limited customization options for Tinder pro les also create this simplicity. All of the photographs and interests on Tinder come from Facebook and cannot be created within Tinder (Wilson). This aspect of Tinder adds to the simplicity and also the trust within Tinder. By creating this simple environment, the design of Tinder makes it easy and fast for users. It's a match The most important and innovating aspect of the design of Tinder is its Card User Interface. Card User Interfaces are a new framework for presenting information on the Internet through small individual pieces of content (Ajello). According to the creators of Tinder, its design was inspired by decks of cards (Gannes). Cards have been used as a means of communication for a long time. China used cards back in the 9th century, trade cards were used for businesses in the 17th century and in the 18th century, footman used cards to introduce guests. Today, business cards and game cards are used in everyday life. In all of these instances, cards provide fast communication that is easily manipulated (Why cards). The card interface of Tinder is an alternative to the traditional scrolling interface that is used by applications like Facebook and Twitter. The two interfaces can be seen in these videos: 11/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 13 of 37 There are many advantages to the use of cards in comparison to the use of scrolling interfaces that range from physical to cognitive to computing. Tinder requires extremely little movement from its user in order to function. Tinder users can hold their phones in one hand and simply touch buttons with their thumbs (Gannes). Today, many daily interactions and activities are completed on phones on small portable screens (Why cards). Because users can use Tinder with one hand, they can use it when they are moving around which drastically increases the chances that people will use the application (Torkington) in commparison, traditional scrolling interfaces require much more e ort. Tinder can be used with such little e ort that a robot like the Tinderomatic can do it: 12/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 14 of 37 Scrolling requires people to scroll, stop, move up, and move down to see information (Gannes). Tinder and its card interface require far less e ort than other interfaces, which makes it more appealing to its users. In a culture where speed and ease are paramount, interfaces like Tinder's are advantageous. Cognitively, the Card User Interface has several advantages over scrolling interfaces. Card interfaces provide a sense of accomplishment to their users because it is possible for the users to reach an end point unlike with scrolling interfaces. Scrolling interfaces go on continuously and never reach an end. Because of this di erence, users never feel accomplished (Ajello). Users of card interfaces evaluate one option at a time without distractions. Scrolling interfaces provide many options and distractions. This lack of distractions and options leads to much better choices. Similarly, studies have shown that people actually make better decision when they make snap judgments then when they deliberate over decisions due to adaptive unconscious. Therefore the snap judgments that are encouraged on card interfaces lead to better choices (Torkington). These cognitive advantages of card interfaces allow people to make better decisions and enjoy themselves more than traditional applications. 13/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 15 of 37 In addition to the physical and cognitive bene ts of card interfaces, card interfaces are advantageous for companies like Tinder because they provide more information through the application. Tinder and other card interfaces create successive repetitive discrete decision moments and each of these moments provides data to Tinder. For each of these decisions, Tinder learns about individuals' likes, dislikes and other preferences. In addition, for each of these dislikes and likes, Tinder tests the time of day of the preferences and whether these preferences vary by time (Ajello). The use of these decisions and the company's response is known as anticipatory computing. Anticipatory computing is the collection of data to predict what users want or need (Torkington). Anticipatory computing is much easier in card interfaces than in scrolling interfaces and is another advantage of card interfaces such as the interface used in Tinder. The design of Tinder and its card interface has inspired many di erent applications and has spread to many other elds. Tinder has inspired several other applications to use card interfaces to reach their users. Jelly, an ask and answer application; Swell, a personalized streaming audio feed; Weotta, an activities based application, and Google scholar, an information based application, all use card interfaces (Torkington). Many applications were inspired by Tinder, which can be seen in this slideshow: revolutionizing-search-one-ap.html In addition, applications that currently use scrolling, such as Facebook and Twitter, are 14/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 16 of 37 transitioning to card interfaces (Why cards 14). The design of Tinder has had a large impact on applications such as these examples, and has also had an impact in other elds. One eld that Tinder has begun to in uence is marketing. Marketers can apply the ideas behind this design, by creating advertisements that allow people to click right to choose something they like or to click left for another o er. Currently most advertisements only o er people one option; and therefore, if people do not like that option, they have to search for all of the other options. One company that has applied the design of Tinder to their advertisements is Bu er. This company is a social sharing service that allows people swipe right or left for suggestions (Wesson). https://bu Another aspect of marketing that has been inspired by Tinder and its design is Pitcher. Pitcher is an application that allows people to search for promotions companies. To complete this search, people input a campaign type, brand, and fee and then swipe left or right as they search through companies (Johnston). This video demonstrates how Pitcher works: tinder-for-marketeers. Tinder's design has inspired other applications to follow suit and has inspired a variety of elds to adapt its swipe right, swipe left basic principle. Initially, Tinder appears to be incredibly simple, but in reality its design is the perfect balance of old and new ideas that entice users and that has inspired other application design. Tinder is one of the rst applications to use a Card User Interface and much of its success must be attributed to this interface, the simplicity of Tinder, and the key pieces of the design of Tinder that were borrowed from other applications. The design of Tinder has been replicated in many other applications and elds and may be Tinder's greatest legacy. Not only has Tinder's design in uenced a number of user interfaces, but it has also transformed our dating culture. Before looking at Tinder's in uence on current dating culture though, it is important to outline how the Western culture de nes dating. Traditionally, dating was seen as an opportunity for two parties to set aside "quality time together" in order to get to know one another on a deeper level (Bogle 163). This script generally ended with the goal of a committed relationship. Additionally, the role of sex in the traditional dating script was not as critical compared to that in current hookup culture. Sex generally came later in the relationship after a period of getting to 15/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 17 of 37 know one another, but the extent of sexual encounters during the dating era was much more limited in comparison to dating in this era, as well (Bogle 159). In contrast, the modern de nition of dating blurs this line between traditional dating and the hookup culture. clips From 1:40 to 3:30 in this video, Fox News Discusses Hookup Culture Contemporary relationships often progress at a much quicker speed than relationships in the traditional dating era. For example, the hookup script does not require or encourage getting to know someone before engaging in sexual encounters (Bogle 159). Sexual encounters are more socially acceptable outside of serious, committed relationships than previously, thus they occur earlier more frequently. Congruently, relations are often much more casual because the level of emotional connection and intimacy is not as great of a priority (Bogle 163). Traditional dating sentiments are still present though, such as the importance of connecting with others, which leaves the current dating standards a little unclear. Consequently, new dating applications such as Tinder seek to more clearly de ne the current dating culture. Tinder's innovative design has initiated a dating revolution. Largely due to convenience, individuals increasingly turn to social media technologies to form connections with others (Lisi). But unlike more dated websites such as Okcupid and, Tinder intends to mimic real life interactions through virtual interfaces with its card user technology. Tinder upholds the idea that people want to establish connections with individuals they would not otherwise encounter, while simplifying the dating process even more with its basic interface. Tinder's design eliminates the initial face-to-face meeting and awkward small talk while still making that rst physical impression (Lisi). This gives users a sense of comfort knowing they have less to lose, which makes them a little more likely to continue using the app. 16/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 18 of 37 The Science of Tinder: game of love without the pressure video The swipe left-swipe right technology has ultimately turned dating into just another game. By transforming online dating into a game, Tinder changes how individuals engage with the application and the dating process. When you make a match the app literally gives you the option to send a message or to "keep playing." Additionally, making a match is like earning a point. The more points you have the more options you have, and the more likely you are to win the game of love. This level of success while using the app often fosters more optimism regarding dating, much like successful decisions in the game playing experience encourage players to continue (SoulPancake). As a result of the game-play feel of Tinder, users put less pressure on the dating experience, making it more fun and desirable to engage in. In the following video, Hu ington Post talks about why Tinder is so addictive 17/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 19 of 37 By making matches based on the user's desire and/or ability to swipe left or swipe right, Tinder arguably devalues personal connections. Because Tinder is such a time saver in the dating process, time is not spent developing detailed pro les and strong connections based on personality and interests. Pass judgements are made based on physical appearance alone, just like they would in the bar setting, but the important small talk is eliminated. Accordingly, Tinder has established a stronger focus on the casual dating structure. Users make their initial decision to like another user based on physical attraction. Consequently, users regularly go on dates with the expectation of physical contact, which makes hookups more common as a result (Ryan). According to Aaron Smith and Meave Duggan, users are also less likely to settle down in a relationship due to the large number of dating options the app provides (21). Therefore, Tinder provides an extension of the hookup culture largely due to the shallow circumstances under which Tinder users generally establish connections (Ryan). Crazy Stupid Love, bar/hookup conversation in above video 18/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 20 of 37 This extension of hookup culture brings with it another component of the Tinder dating revolution: that men and women are now on a more equal playing eld. In both the traditional dating era and hookup culture, men predominantly hold power in determining whether or not a connection is actually pursued (Bogle 173). Tinder questions who is in control by giving women more power to indicate interest with like swipes and to further initiate irtation through the app's messaging feature. This allows women to be more open to dating without the pressure of serious commitment, as well. As a result, both men and women can pursue more casual relationships without as much pressure or fear of rejection because the casual dating style of hookup culture is what the design of Tinder ultimately encourages (Ryan). The app's general appeal to a wide range of the population provides a vast amount of possibilities for Tinder's future development and modi cation. Although the number of people on Tinder at the moment is not released by the owners of the company, it is recorded that more than two billion matches have been made in the time that Tinder has been public (Crook). Whether it is the design behind the app, its origins or its cultural implications, Tinder has become a powerful and in uential application. However, it's economic pursuits and future monetization is an issue that has been rarely addressed by the CEO's or by IAC. The issue of monetization and Tinder's economic development has created both anxiety or just expectancy equally in users as in the media. Tinder, as mentioned before, emerged from an incubator, Hatch Labs, that belongs to InterActiveCorp, the same corporation that owns sites such as and OKCupid (Crook). Di erent from the other dating sites, Tinder is a free app that has no method of collecting payments at the moment from its users. It has much potential though, as multiple scholars and journals have addressed the future of the app and why the owners have not seeked pro t from the high-transited application. The New York Times in September, reported that "in 2013, consumers paid $2.2 billion worldwide to nd a mate…and the overall market is expected to continue to grow at about 5 percent a year over the next ve years" (Kaufman, Isaac). Thus, the question that arises is: why is Tinder not collecting money right now? 19/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 21 of 37 In 2012, before the app went public in both Apple and Android stores, venture capitalist Chamath Palihapitiya bought a ten percent share of the startup company, at an undisclosed price. It is rumored that he paid 500 million dollars for the share, therefore raising the question of whether an app that is not gathering any money is worth that type of transaction. Although Chamath tweeted that the transaction was not for that value, it is unsettling to discover an app that is currently generating losses to IAC be valued by Bloomberg at one billion dollars (Bloomberg). The ten percent share was bought back by IAC after the application went public, investing a large amount of money in an app with no revenue. However, this is all a plan for IAC which has been reported to be looking for a population base rather than an economic pro t. IAC representatives state that they "are in a fortunate position" as they control the "internal sources of funding", emphasizing that they don't "need to raise outside capital" because it's OK to be operating at a loss (Lawler). The ultimate plan from the corporation, is to hook "a new generation of Millennials on the idea of nding love (or at least casual sex) online. In other words: Start them on Tinder, and they'll end up paying for Match" which is another of IAC's dating website (Businessweek). (picture shows the price chart for IAC, taken from The dating game seems to be controlled in its majority by IAC, which is currently valued at $5.68 billion (Bloomberg). The corporation, however is moving towards monetization, and data suggests that "Tinder could generate as much as $180 million in revenue in 2015" (Lawler). The method by which the app is going to delve into the 20/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 22 of 37 world of purchases is by creating a premium version for its users. Not only is IAC funneling customers to other dating sites, installing a loop between the customer base and the prospective product, but it is planning to "enhance" the already revolutionary app. The launch of Tinderplus was expected in November, though there is no information as to why this was not possible. After rejecting the possibility of including ads in the service, messaging-ad ons or in-app purchases, Tinder has turned to the premium functionality on appealing to even more isolated and "dating game-ridden" individuals (Thomas, Mohsenin). Tinder plus works this way: There is not a lot of information about the new feature, though the video clearly emphasizes two functions: undo and passport. The rst one allows users to undo left swipes, removing the possibility of a snap judgement that was previously discussed. The second feature passport, removes the safety-net of geolocation. By exploring people in other cities, Tinder is opening up to a whole new game: nd people wherever they are, and perhaps creating, or iniciating a relationship. The price of the new app is not displayed yet, though DailyMail argues that the app will rst "rollout in the UK, Brazil and Germany" (Gri ith). Since the feature is not yet released, and might be rst 21/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 23 of 37 exposed in a trial version, the "company will test how much it can charge", supposedly ranging from 99 cents two a montly subscription of 20 dollars (Gri ith). Once this feature is launched, we will be able to examine the repercussions on the dating game, which at the moment are unthought of. Additionally, Tinder is not only making money for IAC and the CEO's, but it has promoted the creation of third-party services that appeal to the Tinder clientele. An example is the website This video exposes the idea behind the service. Although it is uncertain how accurate this website is, or whether it is legitimate in its services, this is a prime example of the far-fetched and perhaps inconceivable e ects 22/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 24 of 37 of Tinder on the economy. Not only has Tinder evolved from having ten employees a year ago, to forty employees at the moment – without monetization separate from inversions -, but it has been a gateway for others companies' economic growth (or in the case of Tinder Done For You, existence). With a 100% free consultation, the website promises to use Blake Jamieson's hack code to boost the amount of swipe rights that people get (Rogue). (image was taken from advertisements) By expanding services and gathering direct revenue from users, Tinder is monopolizing its client-based approach by approximating a service that could mimic prostitution rather than the dating service it originally intended. In other words, if you have to pay for the service, you are basically paying someone to go on a date – or to casually have sex – and although it is not directly the person you are going in a date with, the payment process shifts the meaning behind it all approximating the basic behavior behind prostitution. Monetization possibilities could change the appeal of the service, but it could also enhance the circle of progression where IAC is responsible for a 23/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 25 of 37 clientele that sees dating as a jump from Tinder, to Match and then OKCupid, not something that should be physical and personal. To register as a user of Tinder, you are asked to sign-in using your Facebook login. Depending upon the privacy settings of your public Facebook pro le, the following information will be provided to Tinder during registration: "your email address, interests, likes, gender, birthday, education history, relationship interests, current city, photos, personal description, friend list, and information about and photos of your Facebook friends who might be common Facebook friends with other Tinder users" (Privacy Policy). Tinder's privacy policy categorizes information gathered from Facebook as information you provide. However, a survey consisting of 256 Facebook users distributed across middle school and high school students reveals that "Having a bad experience [on Facebook] was signi cantly correlated with privacy knowledge and information control (use of the privacy settings)" (Christo des et al. 725). A bad experience, for the purpose of this study, is de ned as bullying/meanness, unwanted contact, exposure/unintentional disclosure, and misunderstandings. This study reveals that most young students have little knowledge of the privacy settings on Facebook, which correlates to having a bad experience. The possibility of a bad experience—speci cally unwanted contact—could increase by disclosing Facebook pro les to Tinder. Although this is information you provide, users could be unaware of their privacy settings on Facebook and exactly what they're sharing with Tinder. Christo des et al. also found that "undergraduate students are willing to forgo their privacy for the sake of participating more fully in their social environment." Asking users to sign-in with their Facebook login is perhaps manipulating a desire for social inclusion to obtain user information. This seems plausible given that Tinder already automatically collects "your IP address, device ID and type, your browser type and language, the operating system used by your device, access times, your mobile device's geographic location while our application is actively running, and the referring website address" (Privacy Policy). Thankfully, there are some ways to protect your Facebook privacy from Tinder. The information collected by Tinder is used to improve their product and services. However, before January 2014, Tinder could be used by anyone with decent 24/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 26 of 37 programming skills to nd out the exact location of any user. Include Security, specializing in security assessments of applications, discovered in October 2013 that using basic triangulation and the Tinder API would generate a location within 100 ft. of the user. To show just how easy this was, Include Security created the web application TinderFinder. TinderFinder demonstrates the vulnerability of user privacy on Tinder through their Facebook login. Include Security's FAQ website states that, "While our Proof of concept attack uses Facebook authentication to nd the user's Tinder id, Facebook is NOT needed to exploit this vulnerability, and no action by Facebook could mitigate this vulnerability" (Veytsman). The vulnerability lasted between 40 and 165 days (depending on who you ask), without any public notice from Tinder: "Cabetas says that his company [Include 25/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 27 of 37 Security] informed Tinder of the vulnerability on Oct. 23, 2013, and did not get a meaningful reply until Dec. 2, when a Tinder employee asked for more time to x the problem. The hole was patched at some point before Jan. 1, 2014, Cabetas says" (Summers). Tinder never publicly acknowledged the issue or returned emails from Include Security about the security vulnerability (Veytsman). Tinder's shadiness in addressing this issue leaves one to question the inner-workings of the company. Even more concerning, is that the former vice-president of marketing sued the company for sexual harassment and discrimination. Whitney Wolfe, former vice-president of marketing, settled with Tinder for just over $1 million after suing them. Wolfe claims that former chief marketing o icer Justin Mateen (who she dated), called her a "joke," a "gold digger," a "disease," a "whore," and a "slut" who needed to be "watched" if she were to keep her job (The Truth About Tinder). Tinder CEO Sean Rad, Wolfe alleged, dismissed her pleas for help as dramatic. Manteen was red inde nitely from the company; however, a sexist culture at Tinder remains evident in social media. The LinkedIn pro le of Tinder co-founder, Jonathan Badeen, lists his title as "Vice President of Engineering, Co-founder & Digital Pimp @ Tinder" (Bercovici). LinkedIn Pro le of Tinder Co-founder Fortunately, for women looking to work for a dating app, Wolfe and a group of former Tinder employees launched the app Bumble. Bumble is "exactly like Tinder except girls are in charge" (Crook). 26/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 28 of 37 Bumble App The fact that Bumble is almost identical to Tinder displays the genius of Tinder's concept and design. That being said, Tinder has opened up several new areas of concern in terms of the privacy and ethics of dating applications. Bumble is expanding upon Tinder's basic concept, but includes a mandatory chat component initiated by the woman. This feature provides additional security and power to the user, while suggesting the vulnerability of women using Tinder. Although Tinder's workplace and gender equality leaves something to be desired, Tinder is an excellent starting point for the future improvement of dating applications. Tinder has had a large impact in technological, cultural, economic and ethical elds, and it continues to grow as an application and a dating service. Tinder has changed the way other websites and applications interact with their users and the way millennials interact with each other. Each of these changes has brought about new questions concerning economics and ethics. Individuals di er in their opinion and use of Tinder, some view it as a shallow hook up application and some view it as a new innovative way to meet people. Despite these contrasting judgements, people cannot debate that Tinder is incredibly in uential. Tinder reaches millions of people today, and because of this widespread impact, it cannot be dismissed. 27/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 29 of 37 About In order to thoroughly immerse ourselves in the Tinder culture, group member Brooke Curtin downloaded the Tinder app which linked her personal Facebook pro le to the online dating experience. After signing into the account, we explored the Tinder interface and made several swipes and matches. From there, we looked at various news reports regarding Tinder and selected di erent topics of interest to analyze this subject matter. Group members individually researched their chosen topics by looking at newspaper articles, scholarly journals and other sources discussing the impact of Tinder on the elds of technology, culture, economics and ethics. To prevent overlap, we each created outlines of our planned contributions to the project and discussed what would be in each of our sections. After some discussion and changes, we wrote our sections and combined them into one cohesive analysis of Tinder and its social implications. We made these decisions so that our project was based on reliable sources that look at Tinder from a variety of perspectives. In addition, we decided to outline and discuss our topics before the writing of our nal project to avoid overlap and so that we were able to cover all aspects of Tinder and its in uences. We chose to research and write about Tinder for our nal project because all of the members of our group did not have any experience with Tinder and we were intrigued by it and its rising popularity. Each of our group members played an integral role in creating our nal project by writing about a section of Tinder that most interested them. Hagood wrote the introduction by researching Tinder's origins and the background of similar applications. Brooke investigated the reasons behind the success of the design of Tinder and the in uence of the design on both other applications and other elds. Kaity explored the cultural implications of the Tinder app by analyzing how the application has revolutionized dating. Maria examined the economic implications of the Tinder application by looking at its monetization policies, it's further developmental possibilities and what this means to its client base. Cater concluded the analysis by discussing the vulnerability of user privacy and personal information via Facebook login. She also looked at the sexist nature of the Tinder workplace and the app itself by comparing it to the revival app Bumble. 28/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 30 of 37 Works Cited: "About Us." Tinder Done For You. N.p., 2014. 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Dr. Sample Website Digital Studies @ Davidson College Tagged as: Aaron Smith, Amy Muise, Andrew Sink, Ann Friedman, Bang With Friends, Bianca Bosker, Blendr, Brittany Joyce, Business Week, Carther Thomas, Conde Nast, Crazy, Datelicious, Dating Application, Davidson Digital Studies, DOWN Dating App, Emily Christo des, Emily Witt, Forbes, Grindr, Hatch Labs, Hu ington Post, IAC, InterActiveCorp, J. J. Colao, Jackson Mohsenin, Janel Torkington, Je Bercovici, Jennifer Booton, John Lisi, Jonathan Badeen, Jordan Crook, Journal 35/36 10/29/2018 Swipe Right Case 6:18-cv-00080-ADA Document 100-5 For Tinder Filed– DIG 101 08/02/19 Page 37 of 37 of Adolescent Research, Justin Mateen, Karley Sciortino, Kathleen A. Bogle, Leslie Kaufman, Liz Gannes, Louise Johnston, Love., Lovin Trends, Mail Online, Makeable, Mark Wilson, Market Watch, Matt Kapp, Matt Wesson, Mattew K. Firpo, Max Veytsman, Maximilian Guen, Maya Rhodan, Medium, Mike Isaac, NetworkWorld, Nick Rogue, Nick Summers, Paste Magazine, Peeta Savva, Pop Matters, Rachel Ryan, Recode, Ryan Gosling, Ryan Lawler, Sarah Gri iths, Sean Rad, Serena Saitto, Serge Desmarais, SoulPancake, Steve Carrell, Steven Bertoni, Stupid, Tech Crunch, TechCrunch, The Cut, The Intercom Blog, The New York Times, The New Yorker, TindeInLine, Tinder, Tinder Done For You, Tom Ajello, Vanity Fair, Vogue Categorized in: Final Projects  December 9, 2014  Dr. Sample  Comments are o for this post. 36/36