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Google presses for wireless changes
Venture Business News | 2007/07/21 05:52


If Google has its way with federal regulators, it could change the way millions of Americans use their cell phones and how they connect to the Internet on their wireless devices. In the Internet giant's view of the not-so-distant future, consumers would buy a wireless phone at a store, but instead of being forced to use a specific carrier, they would be free to pick anyone they want. Instead of the wireless carrier choosing what software goes on their phones, users would be free to put any software they would want on it.

Google sees the cost of voice calls and data connections to the Internet being subsidized by advertisements brought to users by Google's powerful online advertising machine.

There might even be a Google phone.

That vision, according to several analysts, is the reason Google said Friday that it would bid upwards of $4.6 billion for a swath of the nation's airwaves, which are set to be auctioned by the federal government next year -- as long as certain conditions are met.

But Google's efforts to position itself on the side of the consumer are also part of a fierce lobbying battle that pits it and other technology companies against wireless carriers, who oppose conditions that Google wants to set on the winners of the auction.

Verizon Wireless has called the conditions "corporate welfare for Google." And AT&T rejected Google's latest effort, calling it an "all or nothing ultimatum." Federal Communications Commission Chairman Kevin Martin has come out squarely against two of Google's four proposed conditions.

The FCC's rules governing the auction could shape the landscape for the next generation of mobile telephones and wireless Internet use.

"When you go to Best Buy to buy a TV, they don't ask whether you have cable or satellite," said Blair Levin, former FCC official who is now an analyst at Stifel Nicolaus & Co. "When you buy a computer, they don't ask what kind of Internet service you have, and the computer can run any application or Google's set of proposed rules would have the FCC require that any devices and any application could be connected to the wireless network using the auctioned spectrum. Further, they would require whoever wins the spectrum make a portion of it available to third parties who want resell it on a wholesale basis, which Google and other Internet companies like eBay, which owns Skype, the Internet phone service, believe is necessary to promote broadband competition.

"I want people to have the choice to use our service," said Chris Sacca, head of special initiatives at Google. "That is something that I fear won't exist in this space."

Even if Google's service was not blocked outright, an open network would be favorable to Google's business. In an open network, Google would not have to contract with carriers to insert ads into the service, said Paul Kedrosky, executive director of the William J. von Liebig Center for Entrepreneurism and Technology Advancement at the University of California, San Diego.

So what would Google do if it actually the rules were put in place and it actually won the auction?

Sacca said that Google was not likely to build a wireless network or get into Internet service business itself. "We could offer it to anyone who wants to collaborate with us who embraces our principles of openness," Sacca said.

The licenses, considered the beachfront property on the electromagnetic spectrum, are in the 700 megahertz band of radio frequencies which are being surrendered by television stations as they convert to digital broadcasting. The auction, to be held early next year, is expected to raise more than $10 billion in revenues for the government.

The FCC has been heavily lobbied in recent months about devising auction rules. It is expected to issue the rules in the coming weeks. Any rules can be adopted only by a majority of the five commissioners.

Martin's draft proposal contains some elements of Google's plan but not others. It proposed, among other things, that about one-third of the spectrum being auctioned be available for a so-called "open network" that could be used by any mobile device or service. It also proposed no limits on the software applications used over that network.

"We're trying to ensure that we develop a wireless broadband provider who has a more open platform," he said in an interview on Friday.

He said he wants the terms of the auction set so the winners invest in upgrading wireless networks. But he also emphasized that his proposed rules permit the winners to resell spectrum.

"If you want to be the winner of the auction, we are proposing open handsets and open applications," he said. "If you win, you can be a wholesale supplier. Nothing prevents that."

On Thursday, AT&T said it represented a fair compromise. But on Friday, after Google said the Martin's proposal didn't go far enough, AT&T reacted swiftly.

"This is an attempt to pressure the U.S. government to turn the auction process on its head by ensuring only a few, if any, bidders will compete with Google," said James W. Cicconi, AT&T, a senior executive vice president, in a statement. "If Google is serious about introducing a competing business model into the wireless industry, Chairman Martin's compromise proposal allows them to bid in the auction, win the spectrum, and then implement every one of the conditions they seek."

Verizon was similarly critical. "Google's filing urges the FCC to adopt rules that force all bidders to implement Google's business plan - which would reduce the incentives for other players to bid," said Tom Tauke, Verizon's executive vice president of public affairs, policy and communications, in a statement.

Martin is expected to testify about the auction and the proposed rules at a congressional hearing next Tuesday.

Some commission officials and telephone industry executives have expressed concern that Google was seeking the imposition of a wholesale requirement so that it could purposefully lose the auction, but still have access to a network at lower cost.

Levin, the former FCC official, suggested that Google's latest move may simply be part of the lobbying battle. "There is a significant difference between saying you are going to bid and actually bidding," Levin said.

"Lots of people in the context of an auction policy make promises," he said. "Whether they follow through is a different matter."



ACCC takes Google to court over ads
Venture Business News | 2007/07/12 06:52

The Australian competition regulator is taking action against Google in the Federal Court, alleging that the Internet search engine has engaged in misleading and deceptive conduct.
The Australian Competition and Consumer Commission (ACCC) is alleging that Google has breached the Trade Practices Act by failing to adequately distinguish between sponsored links on its website and "organic" search results.It is alleging that in 2005 a search for two Newcastle-based car dealerships would also direct Internet users to the website for a competitor, the Trading Post.

The ACCC is also taking action against the Trading Post. Google says it will vigorously defend the claims that it has been deceptive and misleading.The company says the claims affect the whole Internet industry and will be defended.

The case will first be heard in the Federal Court in Sydney next month. The ACCC says it believes this is the first action of its kind against Google in the world.



Extended Monitoring Sought for Microsoft
Venture Business News | 2007/06/26 03:46

Google yesterday urged a federal court to extend its supervision of Microsoft to ensure that it complies with a 2002 antitrust consent decree, arguing that Microsoft has not done enough to make sure its new desktop search product leaves room for competitors. "Given Microsoft's history of aggressively minimizing the impact of court-ordered relief, it is appropriate for the Court to use its authority to extend" the consent decree, Google said in a friend-of-the-court brief filed in U.S. District Court in Washington.

The provisions of the decree relating to Google's attempt to intervene are mostly set to expire in November. The consent decree -- part of a settlement among Microsoft, the Justice Department and a number of state attorneys general -- resolved litigation that began in 1998 and bars Microsoft from taking specific actions that harm rivals' software products.

Last week, Microsoft agreed to revise its new Vista operating system under a compromise with federal and state officials monitoring the firm's compliance with the decree and in response to a complaint raised by Google last year. The revisions would allow users to select a default desktop search provider in the same way they choose a default Internet browser. Microsoft will also add links to make it easier for users to add other desktop searches, such as Google Desktop Search, said a company executive, who spoke on condition of anonymity because the company had not given him permission to be quoted.

"Microsoft went the extra mile to resolve these issues in a spirit of compromise," said Jack Evans, a Microsoft spokesman. "The government has clearly stated that it is satisfied with the changes we're making. Google has provided no new information that should suggest otherwise in their filing."

David C. Drummond, Google senior vice president and chief legal officer, acknowledged in an e-mail that "the remedies won by the Department of Justice and state Attorneys General from Microsoft are a positive step." But, he said, "consumers will likely need further measures to ensure meaningful choice. Ultimately, these issues raise the need for continued judicial oversight of Microsoft's practices, to ensure that consumers' interests are best served."

In its court filing, Google asserted that "Microsoft will continue to show its own desktop search results" when Vista users run searches from various access points on their computer, such as the Start menu.

Microsoft officials countered that nothing precludes a user from launching a Google Desktop Search from a computer running Vista. "There's at least four different ways" to launch it, said the company executive.

Judge Colleen Kollar-Kotelly is scheduled to hold a status conference today on Microsoft's adherence to the consent decree with Microsoft, Justice Department officials and representatives of state attorneys general. Connecticut Attorney General Richard Blumenthal said in an e-mail statement yesterday he believes the court should consider permitting Google to provide more information.

But Theodore Bolema, a law professor at Central Michigan University and former Justice Department attorney handling antitrust issues, said he found Google's complaint ironic. "We've got companies that pride themselves on being upstarts," he said, "and now they're looking for the heavy hand of the government to come in and basically regulate." He noted that Google's complaint "seems focused on protecting Google," a competitor, rather than on protecting consumers, which is a tenet of antitrust law.

Court oversight will continue into 2009 over discussions concerning the documentation of some of Microsoft's software.



Google pushing to make inroads into South Korea
Venture Business News | 2007/05/30 06:19

The world's top Internet search engine Google Wednesday stressed its determination to make greater inroads into South Korea where some 70 percent of homes have high-speed Internet access but many prefer local service providers. "It's obvious to me that Korea is a great laboratory of the digital age," said Google chairman Eric Schmidt, praising its high level of broadband and wireless Internet access.

Schmidt announced the launch of a new modified Korean-language search site to help beat local rivals during a keynote speech to the Seoul Digital Forum.

"Google is in Korea because Korea is important and our commitment and the scale we're going to operate in is just beginning."

The California-based IT colossus has been less successful in South Korea than elsewhere in the world.

The fresh site deviates from the previous version, which featured just a simple search box, by adding graphics features -- an animated main menu and product buttons -- above and below the box.

Google launched a Korean-language search site in 2000 but has been striving to boost its presence against competition from local firms like Naver.

South Korean users say their needs are better met by Naver -- run by the country's largest portal NHN -- and other local search engines.

Lee Won-Jin, head of Google Korea, said his unit had spent years learning from local rivals about users' needs. "We think we are ready now to provide a service to meet their needs."

Google opened a research and development center here in 2006.

Schmidt on Tuesday met Seok Jong-Hun, head of South Korea's second-largest portal Daum Communications, to discuss ways to expand a burgeoning partnership, especially in the fast growing online video content market.

Google and Daum agreed last December to cooperate in the online advertisement market. Daum is running Google's cost-per-click search ads, one of the fastest-growing types of Internet advertising.

Daum is now also interested in using the content on Google's YouTube, the world's most popular online video-sharing service.

Daum says it controls a quarter of South Korea's video content market and is in a tight race with rival Pandora TV to become the leader.

Schmidt said in his speech that Google's technological evolution and business success would continue.

"I think the Internet is a platform. I think Google is everywhere," he said.

"A goal, we could say, will be one -- Google is as ubiquitous as brushing your teeth. The platform of information is always available to you whatever you are doing."

He said Google's proposed 3.1 billion dollar takeover of online ad firm DoubleClick would be clinched by the end of this year, dismissing concerns over the US Federal Trade Commission's scrutiny of the deal.

He said Google could help make society more transparent and democratic through providing better and greater public access to information.

"The impact of citizens having more information is overwhelmingly positive," he said.

"I can imagine a product that would simply tell you whether it is a politician who is telling the truth because Google can remember what that politician said."



Senator urges regulators to block XM-Sirius merger
Venture Business News | 2007/05/25 10:59

The chairman of the U.S. Senate's subcommittee on antitrust, competition policy and consumer rights is urging federal regulators to block the proposed merger of XM Satellite Radio Holdings Inc. and Sirius Satellite Radio Inc., saying the deal would cause "substantial harm to competition and consumers."  Sen. Herb Kohl (D-Wis.) has sent a letter to Kevin Martin, chairman of the Federal Communications Commission, and Thomas Barnett, assistant attorney general for the antitrust division at the Department of Justice, asking them to reject the deal combining the two satellite radio service providers.

"Elimination of the head-to-head competition currently offered by XM and Sirius leaving only a monopoly satellite radio service will likely result in higher prices and poorer service being offered to consumers," Kohl said. "Satellite radio is a unique service for which none of the other audio services is a substitute. Uncertain promises of competition from new technologies tomorrow do not protect consumers from higher prices today."

The FCC and Justice Department are currently reviewing the proposed deal. The FCC issued satellite radio licenses 10 years ago to D.C.-based XM (NASDAQ: XMSR) and New York-based Sirius (NASDAQ: SIRI) on the condition that the two companies would not combine their operations.

"I have concluded this merger, if permitted to proceed, would cause substantial harm to competition and consumers, would be contrary to antitrust law and not in the public interest, and therefore should be blocked by your agencies," Kohl said.

Analysts who follow the satellite radio industry have said that the merger is a long shot. Most analysts say the transaction, at best, has a 50 percent chance of getting regulatory approval.

XM spokesman Chance Patterson, in response to Kohl's comments, said that the "companies continue to believe that the regulatory agencies conducting formal reviews of the merger will conclude that the combination of Sirius and XM will increase programming choices and improve pricing for consumers, and that the audio entertainment market after the merger will remain robust, competitive and open to new entrants."



Thousands of sex offenders discovered on MySpace
Venture Business News | 2007/05/15 09:21

Thousands of convicted sex offenders have registered for profiles on social networking Web site MySpace, posing a risk to children who are among the site's most avid users, eight U.S. attorneys general said on Monday. Connecticut Attorney General Richard Blumenthal and counterparts in seven states called on the company, owned by media tycoon Rupert Murdoch's News Corp., to hand over the offenders' names and addresses.

Sources told the attorneys general that MySpace had discovered thousands of sex offenders on its site in an internal investigation, Blumenthal said. He did not give the identity of the sources.

"Our objective is to assure that these convicted sex offenders are removed from this site and other social networking sites," Blumenthal said by telephone after holding a news conference in Hartford, Connecticut.

"The information about convicted sex offenders on MySpace is simply more evidence that additional measures such as age verification are necessary to protect children," he said.

About 100 million people worldwide use the fast-growing MySpace service.

Children's advocates say they fear that young teens who use MySpace, Facebook and other such sites to socialize fail to grasp the risks involved in meeting people over the Internet.

"People should be notified if these offenders have been in touch with them or their children," said Judi Westberg-Warren, president of Web Wise Kids, a California-based nonprofit Internet safety organization.

In January, the families of five teenage girls who were sexually assaulted by people met through MySpace sued News Corp., charging negligence and fraud.

U.S. lawmakers are considering making it a crime for anyone over 18 to misrepresent their age for the purpose of luring a minor over the Internet for illegal sexual contact.

One concrete step MySpace and other social-networking sites could take to improve the safety of young people would be to verify the ages of their members, Westberg-Warren said.

"This is not just about MySpace, this is about all social networking," she said. "The kids can go from MySpace to another social networking site. This needs to be, in general, something that all social networking sites are working with."

The attorneys general of Georgia, Idaho, North Carolina, Ohio, Pennsylvania, Mississippi and New Hampshire joined Connecticut in signing a letter to the company asking it to turn over information.

They also asked MySpace, which has come under criticism for not doing enough to protect young people using the site from adult sexual predators who pose as teens, if the profiles in question have been removed from the site.

MySpace officials could not provide immediate comment.



Amazon.com, IBM Settle Patent Lawsuits
Venture Business News | 2007/05/08 06:46
Online retailer Amazon.com and technology heavyweight IBM announced Tuesday that they have settled the patent lawsuits existing between them.

According to the terms of their settlement, Amazon will pay an undisclosed amount of money to IBM. The companies also signed a long-term patent cross-license agreement, a deal that seems to have left both pleased. Scott Hayden, Amazon's vice president of intellectual property, called IBM's patent portfolio the industry’s "largest and strongest."

Dan Cerutti, IBM’s general manager of software intellectual property, said his firm was happy the situation had been resolved through negotiation and looked forward "to a more productive relationship" with the Seattle-based Amazon. IBM filed the patent lawsuits against Amazon in October of last year, over a number of patents covering interactive services, order of items using an electronic catalog, and ranking of hyperlinks. IBM is the largest holder of patents in the U.S. and worldwide.


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