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EC Must Learn from Almunia’s Google Mistakes – An Open Letter to EC

Dear European Commission Official,

History teaches that those who do not learn from the past are doomed to repeat it.

Specifically, as the new European Commission takes charge of the mess that is the Google competition case, it is important to learn from, and not repeat, Mr. Almunia’s many big Google mistakes.  

Summary of Almunia-Google Mistakes

Fact-checking Google Schmidt’s “Ich bin ein Big-fibber” Berlin Speech

 

History should remember Google Chairman Eric Schmidt’s speech in Berlin, “The New Gründergeist,” as the “Ich bin ein Bigfibber” speech, because of his many big fibs about Google’s antitrust and data protection problems in Europe.   

Claim: “Really, our biggest search competitor is Amazon” (not Bing or Yahoo.)

Facts: Google crawls 60 trillion unique URLs to create its search index of the world-wide-web; Amazon does not crawl or search index the world-wide-web.

Top 10 Reasons Why Google is Causing EU More Problems than Microsoft Did

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?

Google’s WorldWideWatch over the WorldWideWeb – New White Paper on Google’s Data Dominance

 

[Note: Please find “Google’s WorldWideWatch over the WorldWideWeb” White Paper -- here.]

The European Commission’s 28-month-old Google search Statement of Objections is out of date and myopic.

What’s changed since the May 2012 EC-Google search settlement baseline?

Google has extended its May 2012 billion-user search dominance, into three newly billion-user dominant platforms (mobile, video, and maps), resulting in new competition complaints of abuse of dominance and new potential EC investigations – with Google’s abuse of its data dominance a common thread.  

Snowden’s NSA-revelations have changed everyone’s awareness of Internet surveillance and the vulnerability of personal data, contributing to the passage of much stronger data-protection legislation by the European Parliament and to a European High Court ruling on Europeans’ right to be forgotten.

NetCompetition Statement & Comments on FCC Open Internet Order Remand

 

FOR IMMEDIATE RELEASE                                           

July 11, 2014

Contact:  Scott Cleland 703-217-2407

 

 

Broadband Reclassification is a Problem Pretending to be a Solution; & Un-supported by the Facts, Unjustified on the Merits, & Unwise Given FCC’s Record of Title II Failures

Networks Aren’t Free; Businesses Pay for Electricity, Water, Gas, Transport & Delivery

Why Handcuff the Next EC with a Bad Five-Year Google Deal? – An Open Letter to EC Commissioners

Dear European Commission Official,

Perversely the proposed EC-Google Settlement would restrict the next EC much more than it would restrict Google.

The special Google deal would handcuff EC President-Designate Juncker’s #1 priorityto create a digital single market for consumers and businesses” and “to break down national silos… in data protection… and in competition law.”

The deal would protect Google’s current de facto digital single market from significant new EC digital competition for five years, because the deal would require the EC to shut down its Google search investigation for a five-year period.

Silicon Valley Naïve on Broadband Regulation -- 3 min video Cleland commentary

 

Thanks and Kudos to Mike Wendy of Media Freedom for this <3 minute commentary (video here) about how naïve Silicon Valley is in pushing for broadband regulation that could easily boomerang and apply to core parts of Silicon Valley’s distribution and cloud  businesses.

They are living proof of the old adage: be careful of what you ask for, you may just get it.

They also could find themselves getting acquainted with a new adage: live by three FCC votes, die by three FCC votes.

 

Google AdSense Lawsuit Spotlights the Corruption of Unaccountability -- Part 41 Google Unaccountability Series

What people don’t know about the recent class action lawsuit filed against Google AdSense’s alleged embezzlement of earned revenues from shutting down of AdSense accounts, is that this lawsuit does not depend on any of the evidence of the high-profile whistle-blower that originally brought lots of attention to this alleged AdSense embezzlement racket a few weeks ago.

Under California law, the class action only needs to show that Google wrongfully pocketed earned-revenues due to its partners under Google’s own contract terms. Let the discovery begin and let the facts determine the outcome.

Google’s Anti-Competitive Rap Sheet Warrants Prosecution Not Leniency – An Open Letter to European Commissioners

Dear European Commission Official,

 

Would Interpol, or any EU prosecutor, ever recommend pursuing a lenient settlement with their overall #1 worst offender -- without extracting any punishment, restitution, admission of wrongdoing, or deterrent effect -- rather than prosecuting the worst offender to the full extent of the law?

Would any other prosecutor publicly threaten swift prosecution against a high-profile defendant repeatedly and then give the defendant three chances to settle over a period of several months when the defendant’s first two proposed remedies proved to be demonstrablydeceptive in market tests?  

Of course not! That would be antithetical to the fair, honest, and effective administration of justice.

Then why, after its own investigation found Google to be dominant, and to have abused its dominance in four distinct ways, is DGComp strongly advocating that Google be protected from prosecution for clear violations of EU competition law?

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Q&A One Pager Debunking Net Neutrality Myths