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Piracy

Why Google’s Running Out of Antitrust Political Tricks

Just when Google needs it most, its political bag of tricks to dodge antitrust enforcement may be running out.

Reports that the EC is likely to issue a Statement of Objections ruling soon -- that Google is >90% dominant in search and search advertising and has illegally abused that dominance by promoting Google’s content and demoting competitors’ content -- indicates Google finally may be facing a global antitrust inflection point.

A tough EC SO would be a game-changer for Google, like the 2000 U.S. District Court case that ruled Microsoft an anti-competitive monopoly, proved to be a game-changing, global antitrust inflection point for Microsoft.  

Substantively on the merits of the EC antitrust case, Google appears to have little room to maneuver. The EC effectively agrees with the FTC’s staff antitrust conclusions per the leaked FTC staff report. That finding is highly problematic for Google because: EU competition law is much tougher than America’s; Google’s relative >90% market dominance in Europe is much greater than in the U.S.; and Google doesn’t have the dominant political influence over Europe that it does with the U.S. Executive Branch.

Googlegate II: The Evidence DOJ Made Google Criminal Case Go Away

The FTC’s politically messy closure of the FTC-Google antitrust investigation in 2013, chronicled in “Googlegate: the FTC Cover-up Evidence Piles Up,” is not the only major Federal investigation into Google’s business practices that Google’s political influence appears to have made go away in 2013.

FCC Title II Protectionism Creates a U.S. Digital Single Market like EU’s

On February 26th, the FCC executed President Obama’s call to “implement the strongest possible rules” to regulate the Internet as a telephone utility under “Title II” of the Telecommunications Act.

Legally, the result of this “reclassification” was for President Obama and the FCC to assert regulatory jurisdiction over the Internet ecosystem, creating a de facto American “Digital [Internet] Single Market” industrial policy, like the European Commission is in the process of creating for the European Union.

Legally, America now has a single digital telecommunications/Internet market/ecosystem because the FCC is effectively reclassifying Internet traffic as Title II telecommunications and Title II is a holistic, end-to-end, 1934 regulatory regime designed for the FCC to decide most everything in the assumed monopoly telecommunications ecosystem from originating and terminating local access, long distance, phone and network equipment manufacturing, directories, etc.

How America Protects National Champion Google in the EU -- Daily Caller

Please don’t miss my Daily Caller  op-ed: “How America Protects National Champion Google in the EU”

  • It spotlights the facts of how exceptionally integrated Google has become with the U.S. Government on most all of the commercial matters most critical to Google’s business success.

 

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Google Unaccountability Series

Part 0: Google's Poor & Defiant Settlement Record [5-1-12]

Part 1: Why Google Thinks It Is Above the Law [4-17-12]

Google's Anti-Conservative Values -- CPAC 2015 Google Panel

I was asked to speak at CPAC 2015 on a February 28thpanel at National Harbor on Google entitled: “The United States of Google: Big Brother & Big Data” with Seton Motley of Less Government and Erik Telford of the Franklin Center for Government and Public Integrity.

My power point presentation, “Google’s Anti-Conservative Values,” for the first time contrasted the traditional conservative values of the American Conservative Union with Google’s values.

Below is an outline of my remarks:

Google Has Anti-Conservative Values

Google’s FCC Title II Privacy Liability Nightmare

The FCC’s official confirmation that it will reclassify wireline and wireless broadband as Title II “telecommunications,” and that it also will apply Title II “Section 222: Privacy of Customer Information” has sweeping, under-appreciated, and negative implications for Google Inc.

Google will certainly be captured by the new privacy regulations. Given its core business model of monetizing users’ information without their meaningful permission, and given its industry-worst privacy record and rampant Android security problems protecting users’ private information, Google will own more serious Section 222 privacy liabilities than any FCC captured entity -- by far 

NetCompetition Joins Letter to Congress Backing Strong Intellectual Property Protections

NetCompetition joined 65 other groups to urge Congress to robustly protect of Intellectual Property; please see the letter and its recommended IP framework and guidelines regarding intellectual property -- here.

Strong protection of property rights is an essential foundation and pre-condition for competition, free markets, innovation and growth.

 

Google Welcome Memo to Davos Attendees – A Satire

January 21, 2015

Memorandum For: All 2015 Davos Attendees

From: Google Executive Chairman Eric Schmidt, Davos Man, & Co-Chair of Davos 2015

Subject: Welcome & Davos 2015 Orientation Information

Google and the World Economic Forum welcome you to the first of many Davos G-1 Summits!

Google is honored to sponsor and co-opt this august event because so many European heads of state, government officials, and elites will be here for the influencing.

Our mission here will be to organize Davos’ information and make it universally accessible and useful.  

Your privacy is our highest priority. Let us reassure you that what happens in Davos, stays in Davos.

Google’s high altitude balloons and drones will provide all Davos’ Internet access. Android and Google+ will be the official Davos operating system and social networking platform respectively. And Google Translate will be the only approved translation service.

Deceptive Branding is “How Google Works” – Ask EC Law Enforcement

As EC law enforcement confronts Google’s uniquely extensive wrongdoing in competition, privacy/security, property, and tax matters, it is critical to examine if Google’s longstanding public promises to consumers to gain their trust are in fact true and trustworthy.

Central to law enforcement’s role in determining the extent of its Google charges, penalties and remedies is determining whether or not the infractions were willful or unintentional.

Bullying is “How Google Works” – Ask Law Enforcement

Google will bully most any entity or anyone, if it thinks it can get away with it.

Google just filed a highly-unusual, and exceptionally-aggressive, lawsuit that asks a Federal Court to issue a restraining order to preemptively shut down a broad and ongoing State Attorney Generals law enforcement investigation into Google’s alleged willful blindness to advertising and profiting from well-known, recurring, illegal activities on Google’s platform.

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Q&A One Pager Debunking Net Neutrality Myths