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Copyright

Google Proves Crime Does Pay – If You Have Enough Market Power

Google, in settling with authors/publishers for $125m over their copyright infringement lawsuits, has cleverly leveraged its market power to tip, and lock in, another Internet segment to de facto Google monopoly control – access to most of the world’s books online. The untold story here is how this settlement:

·         Enthrones Google as the de facto gatekeeper to access most of the world’s books online;

·         Establishes a “new model” for online content distribution;

Google settles lawsuit with authors/publishers -- What it means for Google, others and antitrust

Google, the most-sued intellectual property infringer in the world, just settled a class action lawsuit with authors and publishers for $125m and a revenue sharing deal going forward;  this deal has much broader implications than most would think for Google, for other companies suing Google for theft, and for the pending Google-Yahoo ad partnership.

Implications for Google: After steadfastly maintaining that they had done nothing wrong and that they were protected by the concept of fair use, Google has now de facto conceded that it was broadly infringing on authors' and publishers' copyrights, while also signalling it feared losing in court. 

My Investor's Business Daily Q&A on Google's ambitions -- white spaces lobbying

Brian Deagon of Investor's Business Daily interviewed me on Google and its leadership role in the lobbying for free use of the White Spaces spectrum.

Importantly, I explain that Google's definition of 'open' is very different from the traditional definition of 'open.'

  • Google's definition of 'open' is "communal, meaning not privately owned, communal with no restriction, no permission required."

What's Google got to hide? Google's CEO Schmidt ducks questions from the real free press

I couldn't help to notice yesterday that Google CEO Schmidt didn't take any questions from reporters who were in attendance or meet with the reporter pool afterwards, which is customary for speaking venues like Dr. Schmidt's speech Monday at the Economic Club of Washington.

What's Google got to hide in Washington?

  • Could it be that Google does not think that questions of a leading corporate CEO, who is now Chairman of the New America Foundation think tank concerning: antitrust, privacy, consumer protection, good government, transparency, openness, tax, net neutrality, and broadband Universal Service -- are not considered legitimate questions or fair game in Washington?
  • Do public questions of public leaders seeking ambitious changes in public policy and public discourse, not warrant an open forum for questions from a free press in a democracy?

Bottom line: It appears the only kind of "free press" that Google embraces is its advocacy group ally that calls itself FreePress, which is the operation which de facto runs point for Google's net neutrality public policy agenda in Washington.

Relevant Washington questions to ask Google CEO Schmidt at his speech Monday in Washington

Given that Google CEO Eric Schmidt is delivering a major speech at the Economic Club of Washington Monday June 9th lunch, given that Google's business model is all about delivering "relevancy" to users, and given that Google's public policy mantra is "openness," I have assembled some suggested Washington-relevant questions for reporters and others to ask Dr. Schmidt at and after this open forum.

  • The subjects of the questions are: antitrust, privacy, consumer protection, good government, transparency, openness, tax, net neutrality, and broadband Universal Service

Antitrust: 

  • If, per the FTC, search is a "unique" or separate market, why wouldn't a search-partnership between #1 Google and #2 Yahoo be illegal collusion when Google already partners with #4 AOL and #5 Ask.com -- and when the four search partners would comprise a de facto search cartel controlling over 90% of the revenues in the U.S. search market?

Privacy:

  • Should consumers and Congress be concerned with Google exploiting a privacy regulation loophole to offer personal health records management, when independent watchdog group Privacy International ranked Google worst in the world on privacy and Google refuses to comply with California law requiring posting Google's privacy policy prominently on its home page?  

Consumer Protection:

Unleashed: Transcript of Griffin/Cleland talk on Google, net neutrality, monopolies, click fraud, privacy

For those who like the written format, here is the link to the transcript of Chip Griffin's interview of me on all things Google.

This interview turned out to be one of the most comprehensive and in-depth discussions I have had on all things Google -- that's been captured for web listening or reading.

We discussed:

Unleashed! Why I focus so much on Google -- Listen to Chip Griffin's interview of me...

Here is the link to Chip Griffin's 28 minute interview of me on "Conversations with Chip Griffin," an in-depth conversation about many of the reasons why I believe Google is becoming such a big problem and why I personally spend so much time focused on Google.

I believe you will find it an informative, interesting, and entertaining interview covering all things Google, the online economy, net neutrality etc.

  • Enjoy!  

Signs of calculated retreat by net neutrality proponents at House hearing on Markey Bill?

I have to admit that I was surprised by all the back-pedaling and calculated retreat by net neutrality proponents at the House Internet Subcommittee hearing on Chairman Markey's net neutrality bill HR5353.

Net neutrality proponents were clearly on the defensive, proactively responding to criticisms of the bill and not spending much time touting its benefits.

PFF's Sydnor brilliantly exposes Lessig's "quasi-socialist Utopianism" advancing net neutrality

Tom Sydnor of the Progress and Freedom Foundation has done a brilliant analysis of Professor Larry Lessig's book "Free Culture" in the important context of Professor Lessig's other works. 

  • This analysis is outstanding foundational-thinking and a must read for anyone who cares about preserving a free market Internet.  

Let me highlight some gems:

First, his conclusion:

  • "The preceding analysis shows that FREE CULTURE does demonize copyright owners and does urge the government to eliminate copyrights and impose "quasi-socialist utopianism." Nor does this pattern stop with copyrights. Indeed, the preceding analysis shows Lessig has already claimed that to Save the Net, the government must nationalize or heavily regulate:

      • The providers of Internet-access services that own the physical network infrastructure, (e.g., net neutrality);

       

      • The providers of commercial internet applications and services, like eBay, Amazon, and Google (e.g., CODE); and

       

NPR on public libraries' concern over Google's aspiration for one world library of books

National Public Radio's All Things Considered" did a great 5 minute segment on: "Some Libraries Shun Google in Book Battle."

The story is set up as who should control the world's future virtual libraries as libraries and Google rush to digitize the world's books?

  • Several public libraries object to Google digitizing all their books and are doing it themselves.
  • They worry about a "single corporate entity" having so much power over the world's information.
  • If the old adage is true, that information is power, there is reason to worry.

I note this story because these libraries are a spontaneous and very real grass roots response to Google's megalomaniacal mission: to organize the world's information and make it universally available and useful."

  • These public library advocates worried out loud about how much more effective censorship could be if "a single corporate entity" controlled the world's main library and how would they respond to political pressure to ban a book or an author?

Google should take note. Here is a grass roots rebellion brewing from their left flank, which looks un-willing to be bought off by Google to go away. 

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Q&A One Pager Debunking Net Neutrality Myths