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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Re: Google's review by FTC nearing critical point | 360 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Re: Google's review by FTC nearing critical point
Authored by: Tim on Saturday, November 10 2012 @ 11:12 PM EST
..In any event, it is a terrible waste of resources focusing on Google, when there are real anti-trust violators to go after. They might look into both Apple's and Microsoft's anti- competitive behaviour...
I am not a "fan" of Apple or Microsoft; and consider some of their behaviour to be very much against the common good. In this area one failing that I see in these discussions is an ability to distinguish between types of "intellectual" property, the confusion between patents, copyright and registered designs. They are all different mechanisms, but they all protect capital, and now tend to be used to support rentier economics and maintain and expand the dominance of established players. This is very different from the original intention of "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries".

I cannot let Gringo's statement about Google go unanswered. In my (not so) humble opinion, Google have moved a quite long way from "Do no evil". They appear to be successfully using a near-monopoly to disrupt and dominate other fields that they do not yet control. Subsidization of the Google Chrome browser, ChromeOS systems and the handset ecosystem should be causes for concern, particularly when it is difficult to separate one's identity from these products. I, like many on this forum, use Google products; but I am becoming increasingly concerned that "I am the product". Google's need to find out more and more about me to support their advertising business model is worrying.

I have a GMail account, and often use the Google Search engine and Google Maps, but I ensure that I only login when I have to and always logout of Google before I leave their pages. I also use tools like Privoxy and Adblock. Am I paranoid? Possibly, but my background is as an (old) scientist, so I remember when we all contributed to the common good, and corporatization had not embedded itself into the structure of the internet.

As an aside, I wonder if the legal background to this site can cause a subtle bias. Lawyers are usually on one side of an argument, and will strenuously defend that side, even when 'justice' is not always served. Hopefully judges can remove themselves from this tendency to bias. Scientists try to look for the truth, and often (usually!) have to throw away accepted "truths" when the evidence, or circumstances change. It is very difficult for people to accept that what used to true, or good, may not now be so.

I am dismayed by the efforts of Apple, Microsoft, Facebook and Google to create semi-private networks at the expense of the commons - So I believe that diligent government oversight of Google (and the rest) is more than justified.


Tim Strutt

[ Reply to This | Parent | # ]

Google's review by FTC nearing critical point
Authored by: Anonymous on Sunday, November 11 2012 @ 11:22 AM EST
In any event, it is a terrible waste of resources focusing on Google, when there are real anti-trust violators to go after. They might look into both Apple's and Microsoft's anti-competitive behaviour via misuse of patents, as well as Microsoft's campaign to disparage Google. That would be money well spent.
Anti-competitive behavior is not in itself illegal. It is only when anti-competitive behavior is used to further a monopoly or to use the advantage of a monopoly in one market to expand your market share in another market does it become illegal. Neither Apple or Microsoft have a monopoly in the smart phone market, and Apple has never been found to have a monopoly in any market. Microsoft has only been found to have a monopoly in the PC operating system market. Microsoft's use of patents to try to harm Google in the smart phone market, while not of our liking, is not illegal unless they somehow use their monopoly in the PC operating system market as part of that attack on Google.

[ Reply to This | Parent | # ]

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