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FCC’s Open Internet Order Do-over – Key Going Forward Takeaways

As the dust has settled from the D.C. Circuit’s January 14thdecision to vacate and remand the FCC Open Internet Order for another try, and from FCC Chairman Wheeler’s February 19thstatement accepting the court’s invitation to propose open Internet rules that could pass court muster, what does it all this mean going forward?

First, we need to glean the key separate baseline takeaways from what the court ruled and also what Chairman Wheeler initially decided. Then we need to put them together to glean what the big going-forward takeaways are.

Court Decision Takeaways

The De-Americanization of the Internet – My Daily Caller Op-ed

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

 

Google-YouTube’s Internet Video Distribution Dominance -- Part XII of Googleopoly Research Series

Please click here for Google-YouTube's Internet Video Distribution Dominance -- Part XII of my seven-year, Googleopoly research series. 

  • This is must read for anyone interested in: Google antitrust; Google's liability for willful blindness to piracy and copyright infringement, and the legal implications of Google trying to solve its access-to-quality-video content-problem by acquisition of Dish, DirecTV or a major studio/TV network.

 

Google-YouTube’s Internet Video Distribution Dominance -- Part XII of Googleopoly Research Series

  • Why Internet video distribution competition is substantially lessened;
  • How Google-YouTube anti-competitively gained Internet video distribution dominance; &

More Government Special Treatment for Big Internet Companies – Part 8 Internet as Oz Series

More evidence continues to surface that Big Internet companies expect and seek exceptional special treatment from Government that other companies simply do not expect or seek.

Big Internet’s Most Special Interests – Part 7: Internet as Oz Series

If the Internet Association is presumptuous enough to unilaterally deem itselfthe unified voice of the Internet economy,” I guess we should not be surprised that on the same day that our duly-elected President delivered the State of the Union, the unelected President of the Internet Association would be presumptuous enough to deliver the “State of the Internet.” 

ITU in Search of Relevance in Internet Age -- Part 17 Obsolete Communications Law Series

Please see my Daily Caller Op-ed about the latest ITU argument for asserting control of the Internet: "ITU in search of relevance in the Internet Age" -- here.

Googleopoly X: Google's Dominance is Spreading at an Accelerating Rate -- See Pictorial Analysis

Please see the full pictorial analysis in “Googleopoly X: Google’s Dominance is Spreading at an Accelerating Rate"here.”

The conclusions and recommendations for antitrust authorities are reprinted below.

  • Note: Given the old adage is true that a picture is worth a thousand words, please don’t miss the Googleopoly pictorial charts that: make this complex subject much simpler and more accessible; tell this important story more interestingly and clearly, and enable the reader to better understand the critically important big picture dynamics addressed in this analysis.

A. Conclusions:

Exposing the Copyright Neutering Movement's Biggest Deceptions -- Part 7 Defending First Principles

The copyright-neutering movement, which is fueled by free culture activists and Big Internet interests, regularly employs four deceptions in their lobbying efforts to weaken copyright law and change the public conversation about copyright.

The movement obviously seeks to distract political attention from the proven real-world problem of online piracy and the urgent need for more anti-piracy enforcement of online copyright-infringement and counterfeiting, to their artificially-manufactured problem that copyright itself is the problem because it limits free online "sharing" and "innovation without permission."

The four deceptions are:

  1. Advocate with deceptive "free" and "open" messaging.
  2. Claim copyright's power comes from industry lobbying.
  3. Represent infringers as victims.
  4. Rewrite the history of SOPA/PIPA.

 

1.  Advocate with deceptive "free" and "open" messaging.

Free culture and Big Internet interests view copyright-property-rights and enforcement of those rights as a threat and obstacle to the realization of their techtopian vision for the Internet where "free" means no cost (or online ad-funded), and "open" means taking without permission (no property online) and government regulation (net neutrality).

The Google Lobby Defines Big Internet's Policy Agenda -- Part 6 Internet as Oz Series

Google not only dominates the web, the Google Lobby also dominates Big Internet's policy agenda in Washington in part via its new proxy, the Internet Association, the self-appointed "unified voice of the Internet economy."

Since market dominance attracts antitrust scrutiny, it necessitates lobbying dominance. The FTC's antitrust investigation prompted Google to hire twelve lobbying firms in a week and to rapidly organize them and legions of law and PR firms into one of the top corporate lobbying operations influencing Washington. Tellingly, a Wall Street Journal op-ed lionized "Google's $25 Million Bargain" lobby and Politico got behind-the-scenes to explain "How Google Beat the Feds."

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