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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."

Bork-Sidak's Fatally Flawed Google Antitrust Defense

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.

Internet Astroturf 3.0 -- Internet as Oz Series Part 3

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:

  • What unites pro-piracy special interests?
  • Who are the top ten Internet astroturf 3.0 players?
  • If this is Internet astroturf 3.0, what was 1.0 and 2.0?
  • What's the main difference with Internet astroturf 3.0?
  • What are the main political techniques of Internet astroturf 3.0?
  • What are Internet astroturf 3.0's three grand deceptions?

Google Mocks EU & FTC Antitrust Enforcement in Courting Yahoo Again -- Part 9 Google Unaccountability Series

Google is mocking EU and FTC antitrust enforcement authorities in seeking to partner (collude) again with Yahoo, its #2 competitor, at the same time Google is deep in antitrust negotiations with the EU antitrust authorities who have already concluded Google is a predatory search monopolist, and while the FTC staff is poised to potentially recommend a sweeping Section 5 antitrust case against Google for deceptive and unfair business practices.

Yesterday Google Chairman Eric Schmidt publicly reiterated that Google would love to be a search partner with Yahoo.

Either Google is somehow confident of back-room political fixes to all their antitrust enforcement troubles, or Google is mocking antitrust authorities with a cavalier "stop us if you can" attitude.

Google continues to act as if it is accountable to no one. Let's review some pertinent history and facts to put in perspective how reckless Google's behavior is in this context.

Top False Claims of the New Internet Association -- Part 2 of Internet as Oz Series

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.

Who but Google is Thriving in Online Advertising?

Evidence abounds that the industry business model of online advertising, minus Google, is shockingly weak competitively, given how many people assume advertising is supposed to be the viable competitive monetization engine that will sustain the "free and open Internet" long term.

Anyone open to connecting-the-dots of recent public evidence will see an obvious dichotomy: Google is thriving, while much of the rest of the online advertising industry is struggling despite unprecedented: opportunity to reach users, technological efficiencies, and access to troves of private data to target ads to produce more revenue growth.

Examine the accumulating troubling evidence of how weak online advertising competition has become.

The Internet Advertising Bureau's latest reporting of 15% online advertising growth for the industry in 1Q12 masks the large Google vs. competitor revenue growth dichotomy. Given that Google grew 24% 1Q12 and comprises almost half of all U.S. online advertising per eMarketer, I calculate that the rest of the online advertising industry is growing only about 8%. That means Google is growing three times faster than its online competitors and continues to take market share at an accelerating rate.

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Q&A One Pager Debunking Net Neutrality Myths