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Submitted by Scott Cleland on Mon, 2012-12-17 22:08
Please sing to the tune of "The Twelve Days of Christmas."
On the twelfth day of Christmas the FTC gave to me:
Twelve winkers winking
Eleven fibbers fibbing
Ten bluffs a bluffing
Nine Google's poodles
Eight flacks a flacking
Seven fawns a fawning
No enforce-ment! ...
Three big passes
Submitted by Scott Cleland on Mon, 2012-11-12 11:44
David Carr's (NYT) excellent analysis of how the mainstream media missed the truth behind cycling legend Lance Armstrong's systematic cheating and deception -- that ultimately led to the International Cycling Union stripping him of his seven Tour de France titles, to Nike dropping him as a sponsor, and to his resignation as Chairman of his cancer-survivor foundation LIveStrong -- got me thinking about the many sad parallels there are with how the mainstream media and blogosphere have missed the truth behind tech legend Google's systematic cheating and deception.
Just like the mainstream and sports media had much self-interest and fear in challenging Mr. Armstrong's representations, i.e. the loss of advertising and reporter access to top people in the sport, the mainstream media and tech blogosphere also have much self-interest and fear in challenging Google's representations, because Google is the overwhelming source of Internet traffic for the media (via Google Search, News, YouTube, and Android), and is also the primary monetization mechanism for the blogosphere.
Google offers to label Google search results to settle antitrust suit -- Don't miss the satirical versionSubmitted by Scott Cleland on Tue, 2012-10-09 19:08
FT just reported that Google has moved to settle antitrust charges with the EU "by offering to label information from its in-house services that are included in its search results pages..."
I am republishing below a satirical June 26th PrecursorBlog post which anticipated this exact offer of a Google labeling antirust remedy to settle antitrust charges.
Google's Labeling Antitrust Remedy: "One Trick Away" -- A Satire
Submitted by Scott Cleland on Tue, 2012-10-09 11:33
As an unabashed Milton Friedman conservative, I strongly agree with Judge Robert H. Bork and Professor J. Gregory Sidak that antitrust law's purpose is to protect competition and the competitive process and not to protect competitors. I also hold my fellow conservatives in highest regard. However, as a highly-experienced and esteemed judge and professor, they know they must prove their case on the merits. In Google's case, they have not.
While it would be difficult to challenge the sophistication of their legal analysis, it is not hard to discredit the sophistication of their economic analysis of the relevant market, economics, and behavior in question. Their defense indicates that they have fully-adopted Google's core economic premises and public-representations, so their skilled legal arguments can do no better than the fatally-flawed material with which Google has given them to work.
Specifically, their legal analyses rest upon a misunderstanding of the relevant market in question. Since antitrust prosecution is fact-driven, not theory dependent, no amount of legal or economic theoretical elegance can overcome a fatally-flawed factual predicate.
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 Mon, 2012-09-17 11:58
Unfortunately, the FCC Chairman's remarks to a Silicon Valley audience last week -- trumpeting his new concern for "anything that depresses broadband usage" -- are creating abundant uncertainty for broadband businesses and investors.
Specifically, Gigaom reported: "When asked about the impact of data caps on broadband innovation by my colleague Janko Roettgers and how his thinking had evolved on the topic, the chairman said he was concerned about data caps. He added, “Anything that depresses broadband usage is something that we need to be really concerned about.” And he further said, “We should all be concerned with anything that is incompatible with the psychology of abundance.”
This appears to signal a stupefying 180-degree reversal of the FCC Chairman's well-established policy position on broadband usage pricing.
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, 2012-07-19 14:45
Please see my latest Daily Caller op-ed: "FCC's Slippery Slope to Regulating Content, Speech, and the Press" here. It urges the FCC to swiftly overturn their Administrative Judge's ruling in the wrong-headed Comcast-Tennis Channel decision.
Obsolete Communications Law Op-ed Series:
Part 1: "Obsolete communications law stifles innovation, harms consumers"
Submitted by Scott Cleland on Fri, 2012-06-29 08:59
In preparation for the EU antitrust authorities likely Statement of Objections against Google, Precursor has assembled a primer that answers the top-ten most likely and important questions many will have about the EU's action. Please see the primer here.
Top 10 EU-Google Antitrust Questions & Answers
Submitted by Scott Cleland on Tue, 2012-06-26 11:28
Attorney-Client Privileged Communication
Confidential Memorandum For: Larry Page, Google CEO
From: Google's Mensa Legal & PR Brain Trust
Subject: Recommendation to settle EU/FTC antitrust complaints with a labeling remedy
You tasked us to be more innovative in solving our antitrust problem. We have succeeded. We are now one trick away from absolving Google from all of its antitrust liability.
Our plan is to deploy Google responsibility-evasion algorithm #784923, code-named "Lipstick on a rhino," which our calculations indicate has an 91.265918735% chance of success, given expected temperatures in Brussels, the wing speed of a butterfly in Sumatra, news that Google plans to rank highest, and most importantly the data we have collected and analyzed on the antitrust decision-makers' proclivities and intentions via Google's knowledge of their: search history, website-visits, scanned-emails, wiretapped-routers, hard drive files, DNA sequences, and Google X's artificial intelligence intention-discernment-algorithms.
Many of Google's brightest engineers have read and wholeheartedly support our antitrust-liability-evasion design document, but per company practice none will ever admit to having read it. In addition, a scientific poll of Google's 16,337 PR spokespeople resulted in 102% of them voting yes that they could sell our proposed responsibility-evasion plan to the public.