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. Astoundingly, IP Kat Has Become a Leading Source of UPC and Battistelli Propaganda

    The pro-UPC outlets, which enjoy EPO budget (i.e. stakeholders' money), are becoming mere amplifiers of Benoît Battistelli and his right-hand UPC woman Margot Fröhlinger, irrespective of actual facts



  2. EPO Fiasco to be Discussed in German Local Authority (Bavarian Parliament) Some Time Today as the Institution Continues Its Avoidable Collapse

    Conflict between management and staff -- a result of truly destructive strategies and violations of the law by Benoît Battistelli -- continues to escalate and threatens to altogether dismantle the European Patent Office (EPO)



  3. In the US and Elsewhere, Qualcomm's Software Patents Are a Significant Tax Everyone Must Pay

    The state of the mobile market when companies such as Qualcomm, which don't really produce anything, take a large piece of the revenue pie



  4. In South Asia, Old Myths to Promote Patent Maximalism, Courtesy of the Patent Microcosm

    The latest example of software patents advocacy and patent 'parades' in India, as well as something from IPOS in Singapore



  5. Links 24/4/2017: Linux 4.11 RC8, MPV 0.25

    Links for the day



  6. Why Authorities in the Netherlands Need to Strip the EPO of Immunity and Investigate Fire Safety Violations

    How intimidation and crackdown on the staff representatives at the EPO may have led to lack of awareness (and action) about lack of compliance with fire safety standards



  7. Insensitivity at the EPO’s Management – Part IX: Testament to the Fear of an Autocratic Regime

    A return to the crucial observation and a reminder of the fact that at the EPO it takes great courage to say the truth nowadays



  8. For the Fordham Echo Chamber (Patent Maximalism), Judges From the EPO Boards of Appeal Are Not Worth Entertaining

    In an event steered if not stuffed by patent radicals such as Bristows and Microsoft (abusive, serial litigators) there are no balanced panels or even reasonable discussions



  9. EPO Staff Representatives Fired Using “Disciplinary Committee That Was Improperly Composed” as Per ILO's Decision

    The Board of the Administrative Council at European Patent Organisation is being informed of the union-busting activities of Battistelli -- activities that are both illegal (as per national and international standards) and are detrimental to the Organisation



  10. Links 23/4/2017: End of arkOS, Collabora Office 5.3 Released

    Links for the day



  11. Intellectual Discovery and Microsoft Feed Patent Trolls Like Intellectual Ventures Which Then Strategically Attack Rivals

    Like a swarm of blood-sucking bats, patent trolls prey on affluent companies that derive their wealth from GNU/Linux and freedom-respecting software (Free/libre software)



  12. The European Patent Office Has Just Killed a Cat (or Skinned a 'Kat')

    The EPO’s attack on the media, including us, resulted in a stream of misinformation and puff pieces about the EPO and UPC, putting at risk not just European democracy but also corrupting the European press



  13. Yann Ménière Resorts to Buzzwords to Recklessly Promote Floods of Patents, Dooming the EPO Amid Decline in Patent Applications

    Battistelli's French Chief Economist is not much of an economist but a patent maximalist toeing the party line of Monsieur Battistelli (lots of easy grants and litigation galore, for UPC hopefuls)



  14. Even Patent Bullies Like Microsoft and Facebook Find the Patent Trial and Appeal Board (PTAB) Useful

    Not just companies accused of patent infringement need the PTAB but also frequent accusers with deep pockets need the PTAB, based on some new figures and new developments



  15. Links 21/4/2017: Qt Creator 4.2.2, ROSA Desktop Fresh R9

    Links for the day



  16. At the EPO, Seeding of Puff Piece in the Press/Academia Sometimes Transparent Enough to View

    The EPO‘s PR team likes to 'spam' journalists and others (for PR) and sometimes does this publicly, as the tweets below show — a desperate recruitment and reputation laundering drive



  17. Affordable and Sophisticated Mobile Devices Are Kept Away by Patent Trolls and Aggressors That Tax Everything

    The war against commoditisation of mobile computing has turned a potentially thriving market with fast innovation rates into a war zone full of patent trolls (sometimes suing at the behest of large companies that hand them patents for this purpose)



  18. In Spite of Lobbying and Endless Attempts by the Patent Microcosm, US Supreme Court Won't Consider Any Software Patent Cases Anymore (in the Foreseeable Future)

    Lobbyists of software patents, i.e. proponents of endless litigation and patent trolls, are attempting to convince the US Supreme Court (SCOTUS) to have another look at abstract patents and reconsider its position on cases like Alice Corp. v CLS Bank International



  19. Expect Team UPC to Remain in Deep Denial About the Unitary Patent/Unified Court (UPC) Having No Prospects

    The prevailing denial that the UPC is effectively dead, courtesy of sites and blogs whose writers stood to profit from the UPC



  20. EPO in 2017: Erroneously Grant a Lot of Patents in Bulk or Get Sacked

    Quality of patent examination is being abandoned at the EPO and those who disobey or refuse to play along are being fired (or asked to resign to avoid forced resignations which would stain their record)



  21. Links 21/4/2017: System76 Entering Phase Three, KDE Applications 17.04, Elive 2.9.0 Beta

    Links for the day



  22. Bristows-Run IP Kat Continues to Spread Lies to Promote the Unitary Patent (UPC) and Advance the EPO Management's Agenda

    An eclectic response to some of the misleading if not villainous responses to the UPC's death knell in the UK, as well as other noteworthy observations about think tanks and misinformation whose purpose is to warp the patent system so that it serves law firms, for the most part at the expense of science and technology



  23. Links 20/4/2017: Tor Browser 6.5.2, PacketFence 7.0, New Firefox and Chrome

    Links for the day



  24. Patents on Business Methods and Software Are Collapsing, But the Patent Microcosm is Working Hard to Change That

    The never-ending battle over patent law, where those who are in the business of patents push for endless patenting, is still ongoing and resistance/opposition is needed from those who actually produce things (other than litigation) or else they will be perpetually taxed by parasites



  25. IAM, the Patent Trolls' Voice, is Trying to Deny There is a Growing Trolling Problem in Europe

    IAM Media (the EPO's and trolls' mouthpiece) continues a rather disturbing pattern of propaganda dressed up as "news", promoting the agenda of parasites who drain the economy by extortion of legitimate (producing) companies



  26. The Patent Microcosm Keeps Attacking Every Patent Office/System That is Doing the Right Thing

    Patent 'radicals' and 'extremists' -- those to whom patents are needed solely for the purpose of profit from bureaucracy -- fight hard against patent quality and in the process they harm everyone, including individual customers



  27. Another Final Nail in the UPC Coffin: UK General Election

    Ratification of the UPC in the UK can drag on for several more years and never be done thereafter, throwing into uncertainty the whole UPC (EU-wide) as we know it



  28. Links 19/4/2017: DockerCon Coverage, Ubuntu Switching to Wayland

    Links for the day



  29. Links 18/4/2017: Mesa 17.0.4, FFmpeg 3.3

    Links for the day



  30. Patents Roundup: Microsoft, Embargo, Tax Evasion, Surveillance, and Censorship

    An excess of patents and their overutilisation for purposes other than innovation (or dissemination of knowledge) means that society has much to lose, sometimes more than there is to gain


CoPilotCo

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

CoPilotCo

Recent Posts