EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

01.14.08

FCC-Comcast-Microsoft and the Freedom Antagonists Axis?

Posted in Antitrust, Bill Gates, Deception, Fraud, Free/Libre Software, GNU/Linux, Google, IBM, Law, Microsoft, Novell at 2:53 am by Dr. Roy Schestowitz

“The core of this trial is consumer choice and the premise is that consumers ought to make that decision, not Microsoft. Microsoft’s argument that says Java would have died anyway is a little bit like saying if somebody shoots you they can defend [themselves] by saying you have cancer.”

David Boies, lead trial attorney DOJ

Occasioally, certain corporate ties become rather suspicious. In some cases, a corporation obtains a connection that involves not only corporations, but also federal government departments, which are themselves composed of people who act in a fashion that resembles any corporation that you find out there.

“The relevance of this analysis has everything to do with a ‘proxy strategy’ that we find in Novell, in ISO/ECMA, and even the Department of Justice. The influence is everywhere.”In lack of proper supervision, a non-profit establishment can extract profits on an individual basis. i.e. not through the establishment itself, but through favours, investments, and other subtle forms of evasive business. Some politicians, for examples, have already got what is sometimes referred to as a “pet charity” and those who funnel funds into such charities can affect national events such as an election. In some cases, charitable foundations can also be used to affect government decisions.

One conspicuous relationship, among a few others that we have identified before (c/f links at the bottom), involves a group of companies whose tie seems tighter than it should naturally be. To a prudent outsider, the following observations might be worth careful consideration. The relevance of this analysis has everything to do with a ‘proxy strategy’ that we find in Novell, in ISO/ECMA, and even the Department of Justice. The influence is everywhere.

Comcast and Microsoft

Comcast is close to Microsoft. These two have been for quite some time. Only a month ago, the two companies signed up for a partnership that can be characterised as somewhat of an anti-Google alliance.

Microsoft’s move to offer the online software suite appears designed to compete with a similar offering from rival Google Inc known as Google Apps.

This is a case against Google. Remember Google? A company founded in a garage, which then threatened Microsoft's dominance (see end of this video). There is a similar Microsoft alliance against Google and it involves Viacom. In the same context, some even talked about a Google and IBM lawsuit-by-proxy maneuver, but let us carry on though.

FCC Attacks Free Software and GNU/Linux

It was only a few months ago that the FCC pulled a very nasty trick against Linux. It practically banned it for some applications, but then the SFLC took action. Here is an article covering some of these events that lingered on for a fortnight.

After studying the new rules — published in the Federal Register last month and taking effect today — the SFLC concluded that the laws are not FOSS-restrictive because they “apply to hardware manufacturers who distribute SDR devices, regardless if they use FOSS in them or not.” And the Center says that since the rules specifically mention the GNU/Linux operating system, the FCC is actually acknowledging the importance of open source.

Ironically, the FCC actually went against logic when it initially made this decision. Wondering minds wanted to know more.

In 1883 French cryptographer Auguste Kerckhoffs published a set of six design principles for military encryption systems. The second of these principles is generally known today under the observation that security through obscurity is not security. The Federal Communications Commission (FCC) seems not to have read the history books or to be aware of how its sister federal agencies develop security standards….

Comcast Attacks Net Neutrality, Combats Sharing Blindly

Microsoft is no friend of net neutrality. The company even abandoned an initiative that protects it last year. In the same vein, it’s worth stressing that Microsoft has openly admitted that it likes DRM. This has to be remembered.

In any event, some of the most aggressive attacks on net neutrality came quite recently from Comcast. This angered even congressmen.

While a class action lawsuit is definitely one way to get Comcast to behave, another perhaps more productive way to do so is to have politicians step in and regulate.

On Tuesday, I discussed the issue of Comcast’s anti-BitTorrent “network management” with Rep. Rick Boucher, D-Va., who is a strong supporter of consumer rights and has led the battle to undo the damage caused by the Digital Millennium Copyright Act, or DMCA.

Comcast stifled distribution of many things. It actually harmed things other than copyrights infringements. This includes GNU/Linux distributions and even the bible.

Consumer groups want Comcast fined for thwarting the Bible

[...]

A number of consumer groups are petitioning the FCC to fine Comcast $195,000 for every customer affected by their BitTorrent-throttling practices. The FCC has said in the past that service providers can’t “block” customers from using certain applications or websites, but it hasn’t enforced that policy.

It’s a case of throwing out the baby with the bathwater. “Pirates” are used as an excuse for traffic shaping and sometimes the tiering on the Web in the same way that “child pronography” and “terrorism” are used to introduce Web censorship.

AT&T has been caught doing political censorship on several occasions in the past, so there is clearly room for misuse there. Animal right activists too are being fought against using laws that were intended to stop “terrorism” (e.g. demands for ‘suspects’ to divulge their PGP keys).

Here comes an interesting part. Comcast, once it was reprimanded, got reported to the FCC.

P2P throttling breaks FCC ‘net neutrality’ policy

[...]

Among the consumer groups who have approached the FCC are the Consumer Federation of America, the Consumers Union, the Media Access Project and professors at the Internet practices of the Yale, Harvard and Stanford law schools.

Will the FCC respond to the complaints?

Funny Business at the FCC

Just days ago, the FCC went under a probe.

The FCC—and Chairman Kevin Martin in particular—are in hot water with Congress over the way that the Commission is run. While Martin was at CES, telling all who would listen that the FCC will investigate Comcast’s traffic-shaping practices, the House Energy and Commerce Committee announced a formal investigation of the FCC. The news couldn’t be more welcome to the industries that the FCC regulates.

There has been a lot more trouble in the FCC recently. For starters, consider the “Spectrum Swindle”:

This is not a call for a privatization or reformation of the FCC; it is a recommendation for its abolition.[20] Along with alternative arbitration venues, the current court system could handle any disputes arising from this action.[21]

The FCC should not be in the business of gerrymandering the electromagnetic spectrum; rather, it should be left to private firms to homestead the infinitesimal frequencies and solve any and all problems in courts: just like property disputes on parcels of land.

The FCC sells something it neither created nor homesteaded and has historically been found incompetent at managing. Worse, it has necessarily been partisan in its actions. In addition, the Treasury Department (through the FCC) stands to make billions of dollars for something they never made, never homesteaded, and have shown gross incompetence at managing. And yet, in January, they will both make out like bandits.

Here is the FCC getting accused of destroying the open Internet.

The fact of a shared monopoly is, in many places, just that — a fact. When carriers are given an exclusive right to provide service on lines they “own,” the public network-of-networks becomes merely a private network.

Such monopolies, whether public or private, provide enormous temptation for mischief. No matter how good the motives of those who create such temptation, it follows as night does day that others with less pure motives will follow them.

Here it is accused of blocking competition.

With the nationwide expansion of fiber-optic wiring and digital delivery at the turn of the century, the federal government reclaimed and is still reclaiming large amounts of spectrum.

At the end of the day, Comcast is still out on the loose and its practices are spreading. This puts in danger freedom of speech and also distribution of Free software. This combats decentralisation of the media, which has been one of the more beautiful effects of the Internet.

What remains here is a complicated theory and just a collection of points to ponder. The Internet is an Achilles heel to Microsoft, which sees more and more of its dominance crumbling in exchange for online services, downloads of Free software, information about Microsoft’s past and present crimes and so forth. It’s interesting to note that an Australia ISP took down OpenOffice.org about a month ago due to competitive reasons.

Microsoft’s advocacy of digital lockdown (e.g. DRM) cannot be denied based on its deeds and even its words. At the moment it seems like Comcast and the FCC do the tango. Who benefits from all of this? Comcast, the FCC, and Microsoft, who also appear to be generally close. Another things we already know that Microsoft controls many of the federal bodies behind the scenes (c/f links at the bottom).

“According to one source, Bill Gates once told Ray Noorda (of Novell) that he knows how to control the Federal government.”According to one source, Bill Gates once told Ray Noorda (of Novell) that he knows how to control the Federal government. If you go by any of these phonecalls that Bill Gates recently made to the Federal government in order to successfully flip a “No” vote on OOXML to a “Yes”, then not much has changed.

A question remains: does the FCC turn a blind eye to Comcast just like like the DoJ, which apparently has Microsoft insiders, continues ignores Microsoft’s frauds and refuses to listen the the States' complaints? It is extremely hard to argue with the fact that Microsoft is virtually above the US Department of justice [1, 2, 3]. The FCC has previously been worrisome in this context as well, particularly for bias that favours abuse and monopolisation [1, 2]. Don’t discount the apparent corruptions at the FTC either, not to mention toothlessness of the SEC. There is a lot left to be better understood and this inconsistent and incoherent train of thought is more of an exercise in note-taking. It might prove handy in the future.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Indifference or Even Hostility Towards Patent Quality Results in Grave Injustice

    The patent extravaganza in Europe harms small businesses the most (they complain about it), but administrative staff at patent offices only cares about the views of prolific applicants rather than the interests of citizens in respective countries



  2. Links 18/6/2019: CentOS 8 Coming Soon, DragonFly BSD 5.6 Released

    Links for the day



  3. 'AI Taskforce' is Actually a Taskforce for Software Patents

    The mainstream media has been calling just about everything "HEY HI!" (AI), but what it typically refers to is a family of old algorithms being applied in possibly new areas; patent maximalists in eastern Asia and the West hope that this mainstream media's obsession can be leveraged to justify new kinds of patents on code



  4. Patent Maximalism is Dead in the United States

    Last-ditch efforts, or a desperate final attempt to water down 35 U.S.C. § 101, isn't succeeding; stacked panels are seen for what they really are and 35 U.S.C. § 101 isn't expected to change



  5. Links 18/6/2019: Linux 5.2 RC5 and OpenMandriva Lx 4

    Links for the day



  6. Weaponising Russophobia Against One's Critics

    Response to smears and various whispering campaigns whose sole purpose is to deplete the support base for particular causes and people; these sorts of things have gotten out of control in recent years



  7. When the EPO is Run by Politicians It's Expected to Be Aggressive and Corrupt Like Purely Political Establishments

    António 'Photo Op' Campinos will have marked his one-year anniversary in July; he has failed to demonstrate morality, respect for the law, understanding of the sciences, leadership by example and even the most basic honesty (he lies a lot)



  8. Links 16/6/2019: Tmax OS and New Features for KDE.org

    Links for the day



  9. Stuffed/Stacked Panels Sent Back Packing After One-Sided Patent Hearings That Will Convince Nobody, Just Preach to the Choir

    Almost a week ago the 'world tour' of patent lobbyists in US Senate finally ended; it was an utterly ridiculous case study in panel stacking and bribery (attempts to buy laws)



  10. 2019 H1: American Software Patents Are as Worthless as They Were Last Year and Still Susceptible to Invalidation

    With a fortnight left before the second half of the year it seems evident that software patents aren't coming back; the courts have not changed their position at all



  11. As European Patent Office Management Covers up Collapse in Patent Quality Don't Expect UPC to Ever Kick Off

    It would be madness to allow EPO-granted patents to become 'unitary' (bypassing sovereignty of nations that actually still value patent quality); it seems clear that rogue EPO management has, in effect, not only doomed UPC ambitions but also European Patents (or their perceived legitimacy, presumption of validity)



  12. António Campinos -- Unlike His Father -- Engages in Imperialism (Using Invalid Patents)

    Despite some similarities to his father (not positive similarities), António Campinos is actively engaged in imperialistic agenda that defies even European law; the EPO not only illegally grants patents but also urges other patent offices to do the same



  13. António Campinos Takes EPO Waste and Corruption to Unprecedented Levels and Scale

    The “B” word (billions) is thrown around at Europe’s second-largest institution because a mischievous former EUIPO chief (not Archambeau) is ‘partying’ with about half of the EPO’s all-time savings, which are supposed to be reserved for pensions and other vital programmes, not presidential palaces and gambling



  14. Links 15/6/2019: Astra Linux in Russia, FreeBSD 11.3 RC

    Links for the day



  15. Code of Conduct Explained: Partial Transcript - August 10th, 2018 - Episode 80, The Truth About Southeast Linuxfest

    "Ask Noah" and the debate on how a 'Code of Conduct' is forcibly imposed on events



  16. Links 14/6/2019: Xfce-Related Releases, PHP 7.4.0 Alpha

    Links for the day



  17. The EPO is a Patent Troll's Wet Dream

    The makers of software and games in Europe will have to spend a lot of money just keeping patent trolls off their backs — a fact that seems to never bother EPO management because it profits from it



  18. EPO Spreading Patent Extremists' Ideology to the Whole World, Now to South Korea

    The EPO’s footprint around the world's patent systems is an exceptionally dangerous one; The EPO amplifies the most zealous voices of the patents and litigation ‘industry’ while totally ignoring the views and interests of the European public, rendering the EPO an ‘agent of corporate occupation’



  19. Guest Post: Notes on Free Speech, and a Line in the Sand

    We received this anonymous letter and have published it as a follow-up to "Reader's Claim That Rules Similar to the Code of Conduct (CoC) Were 'Imposed' on LibrePlanet and the FSF"



  20. Links 13/6/2019: CERN Dumps Microsoft, GIMP 2.10.12 Released

    Links for the day



  21. Links 12/6/2019: Mesa 19.1.0, KDE neon 5.16, Endless OS 3.6.0 and BackBox Linux 6

    Links for the day



  22. Leaked Financial 'Study' Document Shows EPO Management and Mercer Engaging in an Elaborate “Hoax”

    How the European Patent Office (EPO) lies to its own staff to harm that staff; thankfully, the staff isn't easily fooled and this whole affair will merely obliterate any remnants of "benefit of the doubt" the President thus far enjoyed



  23. Measuring Patent Quality and Employer Quality in Europe

    Comparing the once-famous and respected EPO to today's joke of an office, which grants loads of bogus patents on just about anything including fruit and mathematics



  24. Granting More Fundamentally Wrong Patents Will Mean Reduced Certainty, Not Increased Certainty

    Law firms that are accustomed to making money from low-quality and abstract patents try to overcome barriers by bribing politicians; this will backfire because they show sheer disregard for the patent system's integrity and merely lower the legal certainty associated with granted (by greedy offices) patents



  25. Links 11/6/2019: Wine 4.10, Plasma 5.16

    Links for the day



  26. Chapter 10: Moving Forward -- Getting the Best Results From Open Source With Your Monopoly

    “the gradual shift in public consciousness from their branding towards our own, is the next best thing to owning them outright.”



  27. Chapter 9: Ownership Through Branding -- Change the Names, and Change the World

    The goal for those fighting against Open source, against the true openness (let's call it the yet unexploited opportunities) of Open source, has to be first to figuratively own the Linux brand, then literally own or destroy the brand, then to move the public awareness of the Linux brand to something like Azure, or whatever IBM is going to do with Red Hat.



  28. Links 10/6/2019: VLC 3.0.7, KDE Future Plans

    Links for the day



  29. Patent Quality Continues to Slip in Europe and We Know Who Will Profit From That (and Distract From It)

    The corporate media and large companies don't speak about it (like Red Hat did before entering a relationship with IBM), but Europe is being littered and saturated with a lot of bogus software patents -- abstract patents that European courts would almost certainly throw out; this utter failure of the media to do journalism gets exploited by the "big litigation" lobby and EPO management that's granting loads of invalid European Patents (whose invalidation goes underreported or unreported in the media)



  30. Corporate Front Groups Like OIN and the Linux Foundation Need to Combat Software Patents If They Really Care About Linux

    The absurdity of having groups that claim to defend Linux but in practice defend software patents, if not actively then passively (by refusing to comment on this matter)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts