Intellectual Property

In the next several weeks, expect the EC’s Competition Directorate to decide that Google is in fact dominant with >90% share of Internet search in Europe and that Google has abused its search dominance by biasing its own Shopping service over competitors. It also could formally charge Google for abuse of its search dominance in contractually tying Google Search and other search-driven apps like Maps, YouTube, etc. to Android to extend its search dominance to mobile search and to the operating system market where Android now owns >80% share.

In taking a most extreme and ultimately indefensible legal and PR position, that the EU antitrust case is “wrong as a matter of fact, law and economics,” Google has painted itself into a corner, PR-wise and politically, much more than many appreciate. Why?

Google, the Internet’s lone  superpower, increasingly governs its borderless virtual geography like a supranational virtual state, with the power to increasingly arbitrage actual nations’ sovereignty.

The FTC’s Googlegate cover-up problem is that while the FTC may be telling the truth, they apparently are not telling the whole truth and nothing but the truth.

Don’t miss the brief summary below of the role political influence played in the politically messy closure of the FTC-Google antitrust investigation in 2013.

The evidence of FTC special treatment for Google, coupled with an apparent FTC cover-up of the political influence that may have defanged the FTC’s investigative process, is particularly relevant to: the European Commission’s current antitrust investigation of Google’s abuses of its <90% dominance in Europe; reported U.S. Senate oversight interest in the FTC’s closure of the Google investigation; and Mississippi AG Jim Hood’s State-led antitrust and consumer protection investigation of Google.

On February 26^th, the FCC executed President Obama’s call to “implement the strongest possible rules” to regulate the Internet as a telephone utility under “Title II” of the Telecommunications Act.

Legally, the result of this “reclassification” was for President Obama and the FCC to assert regulatory jurisdiction over the Internet ecosystem, creating a de facto American “Digital [Internet] Single Market” industrial policy, like the European Commission is in the process of creating for the European Union.

Legally, America now has a single digital telecommunications/Internet market/ecosystem because the FCC is effectively reclassifying Internet traffic as Title II telecommunications and Title II is a holistic, end-to-end, 1934 regulatory regime designed for the FCC to decide most everything in the assumed monopoly telecommunications ecosystem from originating and terminating local access, long distance, phone and network equipment manufacturing, directories, etc.

Please don’t miss my Daily Caller  op-ed: “How America Protects National Champion Google in the EU”

• It spotlights the facts of how exceptionally integrated Google has become with the U.S. Government on most all of the commercial matters most critical to Google’s business success.

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Google Unaccountability Series

Part 0: Google's Poor & Defiant Settlement Record [5-1-12]

Part 1: Why Google Thinks It Is Above the Law [4-17-12]

NetCompetition joined 65 other groups to urge Congress to robustly protect of Intellectual Property; please see the letter and its recommended IP framework and guidelines regarding intellectual property -- here.

Strong protection of property rights is an essential foundation and pre-condition for competition, free markets, innovation and growth.

European Commission Vice President for Competition Joaquin Almunia recently warned the European Parliament that “Microsoft was investigated [for] 16 years, which is four times as much as the Google investigation has taken, and there are more problems with Google than there were with Microsoft” per the FT article: “EU antitrust chief says Google case may be bigger than Microsoft.”

Why would the EC view Google as a bigger problem than Microsoft ever was?

Please don’t miss my latest Daily Caller op-ed: “The De-Americanization of the Internet” -- here.  

America's dominance of the Internet has peaked. Read why and what it means. 

• It is Part 3 of my “World Changing Internet” research series.

World Changing Internet Series

Part 1: Seven Ways the World is Changing the Internet

Part 2: Twitter’s Realpolitik & the Sovereign-ization of the Internet

Please see my latest Daily Caller op-ed, “YouTube is Ultimate a la Carte” – here -- on Senate Commerce Committee Chairman Rockefeller’s new legislation: “Consumer Choice in Online Video Act.”

• It is Part 21 of my Broadband Internet Pricing Freedom series.

Broadband Internet Pricing Freedom Series

Part 1: Netflix' Glass House Temper Tantrum Over Broadband Usage Fees [7-26-11]

Google represents its new default policy -- taking a user’s name and picture and putting it in their ads without permission or compensation -- as “Shared Endorsements.”  This deceptive and unfair business practice is more aptly named Google-YouAd, “Pirated Endorsements,” or “Swindled Endorsements,” because they are taken deceptively without permission or compensation.

To Google, people apparently are just another form of digital content that should be open and free to exploit without asking the owner for permission and without any expectation of payment from Google for the value that Google generates from the taken content.

We should not be surprised. Google is treating their users, not as humans with privacy and ownership rights, but as inanimate products, content, and “targets” of their advertising model. Notice that they are treating people’s unique identities just like they treat others valuable content that is trademarked, copyrighted, patented, private, confidential or secret. Simply they take it without permission or compensation until an authority that they fear compels them to cease and desist.