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. 22,000 Blog Posts

    A special number is reached again, marking another milestone for the site



  2. The EPO is Lying to Its Own Staff About ILO and Endless (Over 2 Years) EPO Mistrials

    The creative writing skills of some spinners who work for Battistelli would have staff believe that all is fine and dandy at the EPO and ILO is dealing effectively with staff complaints about the EPO (even if several years too late)



  3. EPO’s Georg Weber Continues Horrifying Trend of EPO Promoting Software Patents in Defiance of Directive, EPC, and Common Sense

    The EPO's promotion of software patents, even out in the open, is an insult to the notion that the EPO is adhering to or is bound by the rules upon which it maintains its conditional monopoly



  4. Protectionism v Sharing: How the US Supreme Court Decides Patent Cases

    As the US Supreme Court (SCOTUS) starts delivering some decisions we take stock of what's to come regarding patents



  5. Links 22/3/2017: GNOME 3.24, Wine-Staging 2.4 Released

    Links for the day



  6. The Battistelli Regime, With Its Endless Scandals, Threatens to Crash the Unitary Patent (UPC), Stakeholders Concerned

    The disdain and the growing impatience have become a huge liability not just to Battistelli but to the European Patent Office (EPO) as a whole



  7. The Photos the EPO Absolutely Doesn't Want the Public to See: Battistelli is Building a Palace Using Stakeholders' Money

    The Office is scrambling to hide evidence of its out-of-control spendings, which will leave the EPO out of money when the backlog is eliminated by many erroneous grants (or rejections)



  8. In the US Patent System, Evolved Tricks for Bypassing Invalidations of Software Patents and Getting Them Granted by the USPTO

    A roundup of news about patents in the US and how the patent microcosm attempts to patent software in spite of Alice (high-impact SCOTUS decision from 2014)



  9. “Then They Came For Me—And There Was No One Left To Speak For Me.”

    The decreasing number of people who cover EPO scandals (partly due to fear, or Battistelli's notorious "reign of terror") and a cause for hope, as well as a call for help



  10. As Expected, the Patent Microcosm is Already Interfering, Lobbying and Influencing Supreme Court Justices

    The US Supreme Court (SCOTUS) is preparing to deliver some important decisions on cases with broad ramifications, e.g. for patent scope, and those who make money from patent feuds are attempting to alter the outcome (which would likely restrict patent scope even further, based on these Justices' track record)



  11. Intellectual Ventures -- Like Microsoft (Which It Came From) -- Spreads Patents to Manifest a Lot of Lawsuits

    That worrisome strategy which is passage of patents to active (legally-aggressive) trolls seems to be a commonality, seen across both Microsoft and its biggest ally among trolls, which Microsoft and Bill Gates helped create and still fund



  12. What the Patent Microcosm is Saying About the EPO and the UPC

    Response to 3 law firms and today's output from them, which serves to inform or misinform the European public at times of Big Lies and fog of (patent) war, revealing the true nature of 21st century asymmetric patent warfare and lobbying



  13. Tough Day for the EPO's Media/Press/PR Team, Trying 'Damage Control' After Important Techrights Publications

    In an effort to save face and regain a sense of legitimacy the EPO publishes various things belatedly, and only after Techrights made these things publicly known and widely discussed



  14. Links 21/3/2017: PyPy Releases, Radeon RX Vega, Eileen Evans at Linux Foundation

    Links for the day



  15. In IAM, Asian Courts That Deliver Justice Are “Unfriendly” and Asian Patent Trolls Are Desirable

    Rebuttal or response to the latest pieces from IAM, which keeps promoting a culture of litigation rather than sharing, collaboration, negotiation, and open innovation



  16. At EPO “I Have the Feeling That Lowering Quality is Part of a Concerted Plan.”

    Growing concern about patent quality at the EPO -- a subject which causes managers to get rather nervous -- is now an issue at the forefront



  17. EPO Reduces the World to Just Seven Nations to Bolster an Illusion of Growing 'Demand' for European Patents

    The unscientific -- if not antiscientific -- attitude of the European Patent Office (EPO) continues to show with the arrival of yet more misleading 'infographics' (disinfographics would be a more suitable term)



  18. Letter to Angela Merkel Expresses Concerns About Impact of EPO Scandals on Germany and Its Image

    Dr. Angela Merkel, arguably the most powerful woman in the world, is being warned about the consequences of Germany ignoring (and hence facilitating) the abuses of Benoît Battistelli



  19. EPO Caricature: Low Patent Quality Not an Achievement

    A new cartoon about the legacy of Battistelli, which ruins both inventors and staff (examination) while handing money to abusers



  20. Are Lithuania and Latvia the Latest Additions to the List of Benoît Battistelli's Vassal States?

    Benoît Battistelli's 'back room' deals came at an interesting, strategic time and the Office uncharacteristically kept quiet about these



  21. Links 20/3/2017: Linux 4.11 RC3, OpenSSH 7.5 Released

    Links for the day



  22. Supposedly 'Pampered' Prisoners Are Still Prisoners of the EPO

    Response to those gross and familiar attempts to portray patent examiners, not politicians who trample all over them, as the cause of all the problems at the EPO



  23. Insulting Reversal of Narratives at the EPO: Team Battistelli as the Victim

    At times of great oppression against staff, in clear defiance of the law in fact, journalists are being asked (or expected) to view the oppressor as the victim, even when this oppressor drives people to suicide



  24. Battistelli's EPO Copies China -- Not the US -- When it Comes to Patenting Software and Expanding Patent Scope

    A detailed explanation of some of the latest reports from China and the US, serving to show that one opens up to software patents whereas the other shuts the door on them (and guess whose lead the EPO is taking)



  25. What IAM Says About AST, RPX, Ericsson, and IBM

    IAM, the trolls' mouthpiece (also the EPO's mouthpiece, but that's another story), provides updates on trolls and troll-like entities, but further commentary is needed to clarify and counterbalance the promotional language



  26. Apple and Microsoft, Two Patent Aggressors That Habitually Attack GNU/Linux Distributors, Get Sued by a Patent Troll, Soverain IP

    Putting in perspective the latest high-profile (in the press at least) lawsuits filed by a notorious troll, which this time around chose as its targets two patent aggressors that deserve no sympathy because of their own actions



  27. What's OIN Doing While Microsoft is Siccing Patent Trolls on Azure Competitors' Customers?

    Microsoft's patent litigation strategy has become clearer, and patents-centric efforts such as OIN offer no defence against such a strategy, which attempts to pressure everyone to flock to Microsoft for 'protection' (from Microsoft itself)



  28. “EPO Continues to Grant Software Patents”

    The longstanding concern about the granting of software patents at the EPO (typically disguised as a "device") as reinforced by T 0625/11



  29. Links 19/3/2017: Linux Sightings, What's Wrong With Microsoft, and Death of Docker

    Links for the day



  30. Governance Crisis at EPO Deepens After Latest Meeting of the Administrative Council, Necessitating Urgent Outside Intervention

    he EPO's Administrative Council continues to be subservient to -- and without any authority over -- Team Battistelli with its endless mischief and endless power grab, including unbridled money grab


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