Netflix' Negative Growth Story

Netflix has self-torpedoed themselves a third time in just the last three months.

See my Forbes Tech Capitalist post here to learn how.

The Metamorphosis of Communications Competition -- A New Framework

For those seeking to better understand how communications competition has evolved, expanded, and accelerated to cloud communications competition, don't miss my new six-chart powerpoint presentation: "The Metamorphosis of Communications Competition," here.

My bottom line conclusion: The transformation of communications competition requires a transformation in communications law.

  • Specifically, the world has changed with technology, but obsolete technology-specific laws have not.
  • Communications policy obsolescence undermines infrastructure's utility and value and renders property less attractive and competitive.

I presented this new easy-to-understand framework for understanding exploding communications competition at a NetCompetition event today on Capitol Hill, which also featured excellent presentations by Jeff Eisenach, Managing Director of Navigant Economics, and Ev Ehrlich, President of ESC Company.

Why Google's Not a "Platform"

A Google engineer's rant about how Google does not "get" platforms creates the opportunity to learn why Google does not aspire to be a platform like its competitors do.

  • See my Forbes Tech Capitalist post here: "Why Google's not a Platform."

Google's Earnings Spotlight Its Antitrust Liabilities

Google's 3Q11 earnings call and release provided lots of new and relevant evidence to the many antitrust investigations of Google going on around the world.

  • See my Forbes Tech Capitalist post here that explains the four big antitrust takeaways from the Google earnings call.

Jobs' Apple Standard vs. Page's Google Standard

Given that Apple and Google are the #1 and #2 most valuable brands in the world and that Google has invaded all of Apple’s markets in the last few years as a new competitor, it is illuminating and instructive to compare and contrast the radically different visions, values, and standards, of Apple’s former leader Steve Jobs and Google’s current CEO Larry Page.

  • See my Forbes Tech Capitalist post: "Jobs' Apple Standard vs. Page's Google Standard" here.

Netflix the Unpredictable

Netflix own actions have established the company as "Netflix the Unpredictable."

  • See my Forbes Tech Capitalist post "Netflix the Unpredictablehere.

Don't Miss Phil Kerpen's Net Neutrality Op-ed

Phil Kerpen, of Americans for Prosperity, has a new must-read op-ed in the Washington Examiner entitled: "Will Congress Stop FCC's Internet Takeover?"

  • It is an excerpt of his very important new book, "Democracy Denied," which exposes how the radical fringe systematically abuses the regulatory process to bypass Congress and subvert democracy, because they know their elitist-oriented policy ideas like net neutrality can not withstand the scrutiny of a true "free and open" democracy based on America's Constitution and separation of powers.

You can find out more about Phil's very important book at DemocracyDenied.org and you can buy it on Amazon here.

Implications of DC Circuit Hearing Net Neutrality Appeal

Since the D.C. Circuit Court of Appeals was selected to hear appeals of the FCC's Open Internet Order -- it is now even more likely that the FCC's net neutrality regulations will be overturned in court as unlawful and/or unconstitutional.

 

  • Regardless of which Appeals Court heard this case, Verizon was highly likely to win in its appeal against the FCC rules on the merits.
  • Now Verizon's chances increase further given that the most knowledgeable, expert, and experienced Circuit Court of Appeals is hearing this case.
    • (See analysis here for why the FCC is highly likely to lose this case.)

 

The D.C. Circuit is the Appeals Court that traditionally hears cases involving independent regulatory agencies like the FCC, so the D.C. Circuit Judges are very familiar with both the limits of the FCC's statutory authority and the FCC's proven penchant for trying to overreach their statutory authority.

In a nutshell, the FCC's legal case stands on two very slippery assumptions.