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This page includes the opinion of the Ninth U.S. Circuit Court of Appeals on an interlocutory appeal from a district court decision to dismiss two California state law causes of action from an ongoing case, leaving only the federal law causes of action. The Ninth Circuit disagreed, vacated the district court's decision, and remanded for consideration of the dismissal issue under the correct legal standard. This was a pro-plaintiff decision that makes it very likely that the case will continue with the state law causes of action reinstated against all or nearly all defendants. This is an unusually important price-fixing case with potentially disruptive effect among mobile device component manufacturers and by such a settlement or judgment's ripple effects, manufacturers of other device components globally. Plaintiffs are several major  voice/data communications services in the U.S. with the defendants being virtually all of the manufacturers of LCD panels used in mobile telephones. One must suspect that if price-fixing is in fact universal in the LCD panel manufacturing industry, price-fixing is likely common among manufacturers of other device components. According to the Ninth Circuit opinion, the plaintiffs' amended complaint includes detailed allegations of specific price-fixing agreements and price sharing actions by principles or agents of each individual defendant company committed within the State of California, which suggests that plaintiffs have very strong evidence that the alleged conspiracy exists. This is a case to watch.    

Commentary on the expected Box and Dropbox IPO, which are being delayed. The author explains the delay, but misses the incredibl eimpact Office 365 is having on the mobile Cloud Productivity platform. And this is the platform war of all wars. It is the race to dominate the 3rd Wave of computing. "It wasn't long ago that cloud storage companies such as Box and Dropbox were among the hottest startups in Silicon Valley, blessed with vast amounts of venture capital and poised to go public in blockbuster IPOs. But now, thanks to a price war launched by Google, Amazon and other tech giants, almost anyone with a laptop or tablet can get cloud storage for less than the price of a latte. That means Box and Dropbox, which sell software for businesses and consumers to store and use files on the Internet rather than a machine, are confronting a precarious future: They must figure out how to go head-to-head with the world's most powerful tech companies. The jockeying has forced both startups to rethink their plans to go public -- Box filed for an IPO in March, but has delayed trading, and Dropbox, once poised to be one of the biggest tech IPOs of the year, may not have a public offering in its immediate future."

" Andy on July 31, 2014 C: 13 Breaking Content owners need to up their game if they want to be taken seriously in the battle to reduce online piracy, a leading Australian minister said this morning. Communications Minister Malcolm Turnbull said making content universally and at a fair price is a key "obligation" if copyright owners are to be taken seriously in their piracy fight."

" Andy on July 31, 2014 C: 13 Breaking Content owners need to up their game if they want to be taken seriously in the battle to reduce online piracy, a leading Australian minister said this morning. Communications Minister Malcolm Turnbull said making content universally and at a fair price is a key "obligation" if copyright owners are to be taken seriously in their piracy fight."

"from the because-of-course dept For many years, despite claims from legacy copyright industry extremists who sought to blame everyone else for any piracy issues, we've pointed out that the reality is almost always that piracy is their own fault for failing to provide convenient, reasonably priced alternatives to the public. When they actually do that, piracy rates almost always drop significantly. And now we have even more proof that these legacy industry insiders know this and don't care. "

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"If there was ever any doubt about whether Microsoft or Google would win the war of office suites, there should be no longer. Within the last several weeks, Microsoft has pulled so far ahead that it's game over. Here's why. When it comes to which suite is more fully featured, there's never been any real debate: Microsoft Office wins hands down. Whether you're creating entire presentations, creating complicated word-processing documents, or even doing something as simple as handling text attributes, Office is a far better tool. Until the last few weeks, Google Docs had one significant advantage over Microsoft Office: It's available for Android and the iPad as well as PCs because it's Web-based. The same wasn't the case for Office. So if you wanted to use an office suite on all your mobile devices, Google Docs was the way to go. Google Docs lost that advantage when Microsoft released Office for the iPad. There's not yet a native version for Android tablets, but Microsoft is working on that, telling GeekWire, "Let me tell you conclusively: Yes, we are also building Android native applications for tablets for Word, Excel and PowerPoint." Google Docs is still superior to Office's Web-based version, but that's far less important than it used to be. There's no need to go with a Web-based office suite if a superior suite is available as a native apps on all platforms, mobile or otherwise. And Office's collaboration capabilities are quite considerable now. Of course, there's always the question of price. Google Docs is free. Microsoft Office isn't. But at $100 a year for up to five devices, or $70 a year for two, no one will be going broke paying for Microsoft Office. It's worth paying that relatively small price for a much better office suite. Google Docs won't die. It'll be around as second fiddle for a long time. But that's what it will always remain: a second fiddle to the better Microsoft Office."

Google acquired "Writely", a small company in Portola Valley that pioneered document editing in a browser. Writely was perhaps the first cloud computing editor to go beyond simple HTML; eventually crafting some really cool CSS-JavaScript-JSON document layout and editing methods. But it can't edit native MSOffice documents. It converts them. There are more than a few problems with the Google Docs approach to editing advanced "compound" documents, but two stick out and are certain to give pause to anyone making the great transition from local workgroup computing, to the highly mobile, always connected, cloud computing. The first problem certain to become a show stopper is that Google converts documents to their native on-line format for editing and collaboration. And then they convert back. To many this isn't a problem. But if the document is part of a workflow or business process, conversion is a killer. There is an old saw affectionately known as "Reuters Law", dating back to the ODF-OXML document wars, that emphatically states; "Conversion breaks documents." The breakage includes both the visual layout of the document, and, the "compound" aspects and data connections that are internal to the document. Think of this way. A business document that is part of a legacy Windows Workgroup workflow is opened up in gDocs. Google converts the document for editing purposes. The data and the workflow internals that bind the document to the local business system are broken on conversion. The look of the document is also visually shredded as the gDocs layout engine is applied. For all practical purposes, no matter what magic editing and collaboration value is added, a broken document means a broken business process. Let me say that again, with the emphasis of having witnessed this first hand during the year long ODF transition trials the Commonwealth of Massachusetts conducted in 2005 and 2006. The business process broke every time a conversion was conducted "on a busines

The question that seems more important than all the rest is "Can I afford to switch vendors?" Let's consider some examples. When printers wear out, you can buy new printers from whoever with little concern for switching cost. If you're unhappy with your current servers, you can replace them with models from lots of vendors (Sun, Dell, HP, IBM, others) without worrying too much about compatibility (well, you may have some racking and cabling pain); the issues are price, performance, and support. If you're grouchy about your OS, you can move between *n*x flavors like Debian, SUSE, and Solaris pretty freely in most (granted, not all) cases; with maybe some deployment and sysadmin pain. If you're unhappy with your desktop environment, well too bad, you're stuck. Your users are too deeply bought into some combination of Outlook calendaring and Excel macros and Sharepoint collab. The price of rebuilding the whole environment is simply too high for most businesses to consider. If you're unhappy with your Oracle licensing charges, you probably have to suck it up and deal with it. SQL is a good technology but a lousy standard, offering near-zero interoperability; the cost of re-tooling your apps so they'll run on someone else's database is probably unthinkable. Like they say, you date your systems vendor but you marry Larry Ellison.

This is an uncharacteristically strong press release from DG Competition. I still must read the order, but the description of the evidence is incredible, particularly the finding of concealment of its rebate conditions by Intel.

"These companies don't have to agree in writing to carry this out or even raise their prices; they can simply, within their separate geographic and product territories, bundle and tie their services, buy up inputs that a competitor might need, and refuse to connect to competitors - among many other potential tactics. It's in their interest for these local monopolists to cooperate, because any defection would make the whole system crumble."

"These companies don't have to agree in writing to carry this out or even raise their prices; they can simply, within their separate geographic and product territories, bundle and tie their services, buy up inputs that a competitor might need, and refuse to connect to competitors - among many other potential tactics. It's in their interest for these local monopolists to cooperate, because any defection would make the whole system crumble."

"These companies don't have to agree in writing to carry this out or even raise their prices; they can simply, within their separate geographic and product territories, bundle and tie their services, buy up inputs that a competitor might need, and refuse to connect to competitors - among many other potential tactics. It's in their interest for these local monopolists to cooperate, because any defection would make the whole system crumble."

"Deregulation led to higher prices and worse service, New York lawmakers claim. by Jon Brodkin - July 8 2014, 12:02am CEST" [# ! … the '#deregulation' that ONLY #providers want…]

"Deregulation led to higher prices and worse service, New York lawmakers claim. by Jon Brodkin - July 8 2014, 12:02am CEST"

"Case undermines "the very objective of antitrust law-to ensure robust competition." by David Kravets (US) - Dec 4, 2015 12:37am CET"

"The perennial FOIA Reform Masquerade Ball is again under way, with legislators attempting to dodge blustery requests to "cut in" by administration officials and similarly-motivated federal agencies. The dance usually ends with Congressional committee chairmen yanking needles from records and booting everyone out of the dancehall. Meanwhile, limited headway is being made in another branch of the government, far from the muffled protests of overwhelming majorities who have been shouted down by parties of one. The DC Appeals Court has just ruled that the government must extend its FOIA fee discounts to students at educational institutions, rather than just to instructors and administration. "

"The perennial FOIA Reform Masquerade Ball is again under way, with legislators attempting to dodge blustery requests to "cut in" by administration officials and similarly-motivated federal agencies. The dance usually ends with Congressional committee chairmen yanking needles from records and booting everyone out of the dancehall. Meanwhile, limited headway is being made in another branch of the government, far from the muffled protests of overwhelming majorities who have been shouted down by parties of one. The DC Appeals Court has just ruled that the government must extend its FOIA fee discounts to students at educational institutions, rather than just to instructors and administration. "

"Vox Populi says comments "defamatory," call for government scrutiny "wrong-headed." by Lee Hutchinson - May 12, 2015 8:03 pm UTC"

"Vox Populi says comments "defamatory," call for government scrutiny "wrong-headed." by Lee Hutchinson - May 12, 2015 8:03 pm UTC"

[ # ! This is a movement against Google itself and for other causes- as 'real pirates' do not need Google to find the sites. They go directly as download/share webs are met through other mechanisms... ] [ ..."Google, however, believes that it has done enough and repeatedly argues that the entertainment industries can themselves do more. "Piracy often arises when consumer demand goes unmet by legitimate supply," the company noted earlier. "The right combination of price, convenience, and inventory will do far more to reduce piracy than enforcement can." ...]

[* # ! This is a movement against Google itself and for other causes- as 'real pirates' do not need ggGoogle to find the sites. They go directly as download/share webs are met through other mechanisms... ] "Google, however, believes that it has done enough and repeatedly argues that the entertainment industries can themselves do more. "Piracy often arises when consumer demand goes unmet by legitimate supply," the company noted earlier. "The right combination of price, convenience, and inventory will do far more to reduce piracy than enforcement can.""

"Want to enjoy Spotify on your iPhone, a platform that Apple built? Then you have to go through the App Store, where Apple takes 30 percent of the monthly subscription price. That is, unless you go around Apple and its terms of service regarding subscriptions. Here's an email that Spotify just sent to subscribers, telling them how to circumvent that and the extra charge Spotify added on to pay the 30% cut."

"Want to enjoy Spotify on your iPhone, a platform that Apple built? Then you have to go through the App Store, where Apple takes 30 percent of the monthly subscription price. That is, unless you go around Apple and its terms of service regarding subscriptions. Here's an email that Spotify just sent to subscribers, telling them how to circumvent that and the extra charge Spotify added on to pay the 30% cut."

The author clearly missed that Sun is a full-fledged Microsoft partner and that StarOffice 9, of all OpenOffice.org clones, is the only one that has write support for both ODF v. 1.2 and ODF v. 1.1, the latter of which is the only ODF version being implemented by Microsoft. The other OOo clones write only to ODF 1.2, which is dramatically different from ODF 1.2. So StarOffice will almost certainly have better interop via ODF with MS Office 2007 than will OOo 3.x or Lotus Symphony. For $25 per seat in the enterprise, $34.95 retail. The author simply misses that "pretty much the same thing can [NOT] be had for nothing from OpenOffice.org." There is a method to the claimed Sun madness, methinks. IBM gets left standing at the altar again.

# ! The bigger the Media Companies,the smaller the freedom of expresion... of choice... the lowerthe culture levels... "by Nathan Mattise - May 19 2014, 12:15am CEST Telecom 50 Today, AT&T announced that it will acquire DirectTV in a stock-and-cash transaction for $95 per share based Friday's closing prices, a transaction worth nearly $48 billion. The deal merges the second largest US wireless company with the second largest US pay-TV distributor."

# ! The bigger the Media Companies,the smaller the freedom of expresion... of choice... the lowerthe culture levels... "by Nathan Mattise - May 19 2014, 12:15am CEST Telecom 50 Today, AT&T announced that it will acquire DirectTV in a stock-and-cash transaction for $95 per share based Friday's closing prices, a transaction worth nearly $48 billion. The deal merges the second largest US wireless company with the second largest US pay-TV distributor."

"from the your-promised-broadband-Utopia-never-arrived dept While Title II is the best net neutrality option available in the face of a lumbering broadband duopoly, it still doesn't fix the fact that the vast majority of customers only have the choice of one or two broadband options. It's this lack of competition that not only results in net neutrality violations (as customers can't vote down stupid ISP behavior with their wallet), but the higher prices and abysmal customer service so many of us have come to know and love"

"from the your-promised-broadband-Utopia-never-arrived dept While Title II is the best net neutrality option available in the face of a lumbering broadband duopoly, it still doesn't fix the fact that the vast majority of customers only have the choice of one or two broadband options. It's this lack of competition that not only results in net neutrality violations (as customers can't vote down stupid ISP behavior with their wallet), but the higher prices and abysmal customer service so many of us have come to know and love"