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Submitted by Scott Cleland on Tue, 2012-10-16 11:38
Politico published my 500-word rebuttal of Tom Lenard's op-ed "FTC should drop case against Google," as a Letter to the Editor, which you can see here, and also as an online op-ed called: Opinion: Google's political play.
In it, I succinctly expose how "Google often plays politics to evade law enforcement culpability."
Submitted by Scott Cleland on Wed, 2012-10-10 17:40
In an ominous development for the FCC, the Supreme Court agreed Friday to hear the legal question of whether a Federal Court must give "Chevron deference" to an administrative agency (FCC) when an agency interprets a law in a way which could determine its own jurisdiction. I believe this presages that the Supreme Court will decide next year that regulatory agencies cannot be the effective final arbiter of their own power and jurisdiction under the law, because that constitutional power rests with Congress and the courts.
"Chevron deference" is a 1984 Supreme Court administrative law precedent that directs courts to defer to a regulatory agency's expertise in interpreting statutes directing regulatory action unless their interpretation is unreasonable.
Submitted by Scott Cleland on Mon, 2012-10-01 13:02
Pro-piracy interests have been organizing globally to head off and defeat future anti-piracy legislation (like SOPA/PIPA), IP treaties (ACTA) and property rights enforcement, all while claiming to represent "the Internet" and all its users, when they do not. They collectively represent pro-piracy special interests.
They hijack popular political buzz-words like "Internet Freedom" and "innovation," to distract people from their fringe anti-property views and to simulate broad mainstream political support.
("Astroturf" in a public policy context connotes artificial grassroots, simply proclaiming to be something one is not in order to gain broader political support.)
This analysis spotlights the political interests and strategy of global pro-piracy interests. It also answers several key questions:
Submitted by Scott Cleland on Thu, 2012-09-20 10:52
Unfortunately, the new Internet Association launched yesterday making several false claims.
Claim: "The Internet Association, the nation's first trade association representing the interests of the Internet economy, America's leading Internet companies and their vast community of users…"
Truth: This "first" claim is unsupportable; several different Internet groups have had similar purposes long before this Internet Association: The Internet Society; The Internet Engineering Task Force; Net Coalition; SaveTheInternet.com; The Open Internet Coalition; The Internet Defense League; The Internet Freedom Coalition; The Internet Alliance; The Internet Marketing Association; The Internet Commerce Association and The Internet Infrastructure Coalition.
Submitted by Scott Cleland on Tue, 2012-09-11 11:41
Google, Amazon, eBay, and Facebook reportedly are launching a new Internet Association in mid-September to be "the unified voice of the Internet economy, representing the interests of America's leading Internet companies and their global community of users. The Internet Association is dedicated to advancing public policy solutions to strengthen and protect an open, innovative and free Internet."
What is the back story here? Why is it being formed? Why now? What unites these companies? What is the Internet Association's public policy agenda? What does its formation mean?
Why is the Internet Association being formed?
The main public policy catalyst was bipartisan anti-piracy legislation that was moving swiftly through Congress last year that Google, Amazon, eBay and Facebook all strenuously opposed and helped defeat with an unprecedented Internet blackout day in January.
What made Apple's Steve Jobs so Angry with Google-Android? -- Part 12 of Google's Disrespect for Property SeriesSubmitted by Scott Cleland on Thu, 2012-09-06 19:04
What made Apple's Steve Jobs so Angry with Google-Android? The simple answer is Google's leadership profoundly betrayed the longtime personal trust and friendship of Apple's leadership in stealing what Steve Jobs believed were Apple's most prized possessions. The fuller answer is below, in a telling timeline of the once exceptionally-close Apple-Google relationship.
This discussion is timely given Google's current PR effort to convince the public/media that Google and Apple are likely to negotiate a patent "truce" and make Google's Android's patent liabilities go away. Thus it makes sense to drill down to learn more about the real likelihood of Apple being party to any patent-litigation "truce" or grand Apple-Android patent-licensing settlement.
Four Under-Appreciated Implications for Google from Apple-Samsung Verdict -- Part 11 of Google's Disrespect for Property SeriesSubmitted by Scott Cleland on Wed, 2012-09-05 18:46
Apple's major $1.05b patent court victory over Google-Android partner Samsung has four under-appreciated implications for Google going forward.
1. The purported Google-Apple settlement talks are going nowhere.
Think about it. Whose interest is it to spotlight a phone conversation between Google's CEO Larry Page and Apple CEO Tim Cook and characterize the conversation as an indicator of a coming "truce" or "détente" in the thermonuclear war" between Apple and Google? Google's alone.
Submitted by Scott Cleland on Thu, 2012-08-09 12:08
Submitted by Scott Cleland on Wed, 2012-08-08 11:51
In writing "Internet Pirates Will Always Win," Nick Bilton, The New York Times's technology columnist whom I read and respect, has unwisely adopted the political logic and public narrative of the piracy lobby that "information wants to be free." Unfortunately, I don't think Mr. Bilton has fully thought through the serious negative implications of his flawed logic and misplaced political support.
Mr. Bilton is not the first, and won't be the last, columnist to buy into the piracy lobby's deceptive political narrative that fighting piracy is akin to a futile game of Whac-a-mole, so content creators should just unilaterally surrender the concept of market pricing of their content going forward and offer it free to the public on the Internet or at a minimal price that Internet pirates judge is "fair." Mr. Bilton concluded: "Sooner or later, the people who still believe they can hit the moles with their slow mallets might realize that their time would be better spent playing an entirely different game."
The unspoken "different game" here is that the Internet should be more of a public information commons where everything is free of cost to access, and no permission or contract is required to do most anything on the Internet, in stark contrast to being more of an Internet marketplace where property owners of all kinds can charge for and contractually control the use of their property and individuals can assert control over how their private information is used.
Google's Culture of Unaccountability: In their Own Words -- (Google Unaccountability Series: Part II)Submitted by Scott Cleland on Wed, 2012-08-01 10:54
We learn about Google's culture-of-unaccountability from Google itself. Google's leaders have repeatedly indicated their hostility to accountability of most any type.
Listen to Google's own words to learn about their unique and unabashed corporate culture-of-unaccountability.
"New investors will fully share in Google's long-term economic future but will have little ability to influence its strategic decisions through their voting rights." Google's 2004 IPO letter to prospective shareholders from co-founders Larry Page and Sergey Brin.