Trusting Anti-trust cases?

Today will be about Jennifer Rankin and her article ‘Google fined £3.8bn by EU over Android antitrust violations’. First off, it is a good article, she did absolutely nothing wrong (at https://www.theguardian.com/business/2018/jul/18/google-faces-record-multibillion-fine-from-eu-over-android). We get the goods (not all mind you) but a clear picture and that is what I like, a clear picture to work with.

Right off the bat we start with “Google has been hit with a landmark €4.34bn (£3.8bn) fine by the European Union over “serious illegal behaviour” to secure the dominance of its search engine on mobile phones“. Interesting setting as there are Android based phones and IOS (Apple brand X phones). The android systems ALL have full access to Google. As for the search engine, there are two elements. The first the engine for searching itself, which is in android, giving us an open source setting and (at https://searchcode.com/), you can take a look yourself, now you will still need the skills to program, but that is a discussion for another day. The second part is to find stuff, which requires the PageRank. Now we have an issue, because (as the Americans say): ‘that shit is patented!‘ plain and simple. Whilst Microsoft and IBM were belittling Google in 1999 (heard it myself in the UK) Google was working and growing in what is now defined as ‘the development of the Android mobile operating system, the Google Chrome web browser, and Chrome OS, a lightweight operating system based on the Chrome browser‘, it took 5 years for them to get serious traction and whilst they grew, the other two were marketing their BS on every level whilst trusting in VP and players who actually did not know any of their shit, people relying on PowerPoint presentations, bullet points and hype expressions. Now we get the first part that matters: “The European commission imposed the record penalty after finding that the US tech firm required smartphone manufacturers to pre-install Google’s search and browser apps on devices using its Android operating system, which is used on 80% of all phones“. This is the first part. You see, there is a merely a partial truth and it is largely incomplete. Any mobile smartphone needs an OS. So we have Apple with IOS, there is or was) Blackberry, Microsoft and Google with Android. The rest was either not willing or eager to play on any serious level. They all had this: ‘it is much better going for larger systems‘. Even the larger players ignored the power of Mobile and Smartphones for too long. That evidence is seen with NBC where we see “In a farewell post on LinkedIn, Microsoft’s former head of Windows, Terry Myerson, explained why Microsoft failed in the smartphone business“, (at https://www.cnbc.com/2018/03/29/why-microsoft-failed-in-phones.html). The quote: “It comes down to two problems: Underestimating Android’s business model, and building on an older technical platform that wasn’t quite ready for the job“. So in two mere dimensions we see the acknowledgment of large corporations set in a place of short sighted expectations whilst using a narrow minded business model. That is apart from the issues that Windows Mobile had, I wanted to add that list of issues, but I calculated that this section would be no less than 6000 words, with the additional issues on Windows 10 mobile adding a serious amount of words to the 6000 words required. Blackberry did not survive the times either. It had a good platform, but ultimately too expensive for most businesses. It is still going on, but not in the same way it was. Blackberry was not flawed, it focused on specific groups and those groups, those who choose Blackberry will love it forever, it merely could not hold up the settings there were, I reckon that the 2008 crash wiped well over 35% of their customer base instantly, a setting that many corporations tend to see as a fatal blow, Blackberry was no exception. So 50% of the ‘larger’ players are already gone, none of it had anything to do with Google, or with the patented parts. So I would love to scrutinise the Danish Margrethe Vestager (without resorting to Denmark and Hamlet). It starts with: “Google has used its Android mobile phone operating system “to cement its dominance as a search engine”, preventing rivals from innovating and competing “and this is illegal under EU antitrust rules”” No! They did not! We see the clear admission from Terry Myerson giving us ‘building on an older technical platform that wasn’t quite ready for the job‘, knowing that already sets one of the two outside of the consideration. I have given the audience evidence again and again on how stupidity rules at Microsoft. The Surface and Xbox platforms are two distinctive places where this is visible. Both have a narrow minded setting, both are short sighted and even the business approach to grow the customer base failed to do its job. Reuters gave us that last year with ‘Microsoft Surface devices fail on reliability: Consumer Reports‘, an overpriced system that cannot even get close to 80% of what Apple could do with its very first iPad in 2011. In addition Reuters gives us: “The non-profit publication surveyed 90,000 tablet and laptop owners and found that an estimated 25 percent of those with Microsoft Surface devices would be presented with “problems by the end of the second year of ownership,” according to a study published on Thursday“, how can any device with a 25% failure issue be in the market in the first place, and it is very connected, as this is the mobile industry, the mobile industry is more than merely a mobile phone, all connected devices that rely on mobile technology (Wi-Fi or cellular) are part of that failure. The Reuters article (at https://www.reuters.com/article/us-microsoft-surface-idUSKBN1AQ1EP) we also get “According to the Consumer Reports survey responses, the Microsoft devices were found to freeze, unexpectedly shut down or have issues with their touchscreens, Beilinson said. Altogether, the reliability issues made Microsoft a statistical outlier compared with other brands. Apple Inc. had the most reliable devices, Beilinson said“, so how many corporations should be considered when they are the outlier in a negative way? #JustAsking

It is time to look at article 101 (antitrust) (at https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:12008E101&from=EN). Here we see:

  1. The following shall be prohibited as incompatible with the internal market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market, and in particular those which:
    (a) directly or indirectly fix purchase or selling prices or any other trading conditions; (not charging for a service is a right anyone has)
    (b) limit or control production, markets, technical development, or investment; (impeding your own technical development, intentional or not is merely your own visionary stupidity)
    (c) share markets or sources of supply;
    (d) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; (nope, the non-patented part of android is open to anyone)
    (e) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.

The first issue is that the Page rank which is part of this is patented, so there is already a setting of exclusion. The fact that the others are 10 year late to the party is equally evidence that there is a wrongful conviction here. The setting that they are all scared with the coming of 5G, whilst Apple and Google are the ONLY ONES who will be decently ready, both ending up with a massive market share. We see at this point the third failure of Microsoft. You see, it was not merely the two that Terry Myerson stated at CNBC, the ‘Underestimating Android’s business model‘, as well as the ‘an older technical platform that wasn’t ready for the job‘, it is to some extent the ‘25 percent of those with Microsoft Surface devices‘ failing, they are all connected to overlapping user groups making the damage even larger. The Xbox debacle that showed a bullying setting of ‘always online’ as well as storage shortage issues (a killer in the mobile devices), their bullying setting of pushing people online is equally part of the failure. It was the fourth part that truly took Microsoft out of the race. Google (as I personally see it) looked at roughly 1.7 million university students and looked at where the future was pointing. They saw where the future was heading and they build on that long term view. Just look at the Gmail storage, the YouTube facilitation, and to openness of their business suite apps, just a few examples. Over 3 years I have only two parts where I missed Microsoft Office a little, over 3 years that is nothing. That in a setting where Microsoft went into the ‘greed’ setting it becomes a lot more funny, especially when we see students having to get by a few dollars a day, yet Microsoft has a $199 version for these students, yes it will be cloud, secure (so they say) and update cost free, a subscription service. Google merely states $0, on the cloud. You tell me what students want! The issues are linked, because Microsoft had been actively growing the anti-Microsoft feelings for almost a decade. I understand that Microsoft has a business model and ‘free software’ is an issue for them, they have a right to be like hat. Google understood that the poor students who hardly can keep a budget now, are going to be the executives of tomorrow, those people then are executives now and they all embrace Google (well, most of them anyway). There was no force, there was no (how did that Danish lady put it?) ‘Restriction or distortion of competition within the internal market‘, many went to iPhone and IOS and Google is fine with that. No, the issue is that the other players are confronted with the stupidity of the previous post holders and that is an issue now, it links together.

By not realising the future 15 years ago, the present is close to unobtainable for them. I watched how I saw again and again how some of them went by ‘We are now working on the new technology surpassing the others‘ again and again (and not delivering). You merely need to find the history of ‘SPSS Data entry for Windows‘ and realise that this was an excellent way to lose 6000 businesses, and close to 35,000 users (relabeling it ‘form design software’ was never a solution). Microsoft went in that same direction and now they are close to side lined from the next technology by their own stupidity. No resources, no ‘know-how’ and no vision, yet Google is the big bad wolf here!

This is the underlying story that links it all and some companies are merely indicative, but they overall went the same direction. So where we see ‘preventing rivals from innovating and competing‘, I see that this was not the case, they merely went a greed driven path (OK, I admit, I should say ‘revenue driven path’), whilst actual new technology is all about innovation and never about iteration. Microsoft, after IBM the larger player feeling left out has shown us on several fields that innovation is merely marketing, not actively pursuing issues and with a ‘25% failure issue’ setting in the Surface department, I believe that their flaws are clearly shown. It becomes more of a farce when we see “Vestager added: “The vast majority of users simply take what comes with their device and don’t download competing apps.”“, users want what works; we are not interesting in a $199 fee for apps that they we get for free, ask any student. There are apparently 207 million higher education students globally, ask them! In addition, that mere setting where we see the onus of the user, to not look for more is punishing a company because the users are lazy? Since when can we convict Google for not installing in the second degree, because the user was lazy?

In many situations there are no competing apps, not of any quality that is and when you look in the Google play, we see that the users are allowed to set the tone. I will be the first to agree, that there are issues and that there might have been a case to some extent. Microsoft faced that years ago when it was still in the delusional setting that they had the better browser. Now we see a different picture. Now we are faced with IBM that put everything on Watson (not sure if that was a good idea), but it can facilitate to the larger degree in every direction, including the third parties banking on 5G, IBM is eager to oblige. Microsoft has nowhere to go, they burned down their options and as they screwed up again and again, it has nothing left but to sulk like a little child. Just consider the upcoming Microsoft Surface Go, for people with budgets. Now consider the News we are given: “With a starting price of $469, the Apple iPad (with Wi-Fi connectivity only) is the winner on affordability”, “The consumer/education version is priced at $599 and will run Windows 10 Home in S mode – which only allows apps that are available in the Windows store”, all this, for a system not out yet, and the Australian Financial Review (at https://www.afr.com/technology/mobiles-and-tablets/will-the-surface-go-boldly-where-other-tablets-cannot-20180713-h12n71) gives us: “Why has Microsoft just released a tablet at a time when almost everyone is buying smartphones and almost no one is buying tablets? Sales of tablets such as Apple’s iPad have been in steep decline since 2015, a decline that shows no signs of reversing in the next four or five years, analysts say”, so in that setting another optional failure is introduced. That whilst I saw it coming, just as the short sighted failures that are part what now with giggles is called the ‘most powerful console on the market’ (The Xbox One X), that is the company that is connected to all this.

That part can be found in a few places. In this case I give you the New York Post where (at https://nypost.com/2015/04/15/microsoft-the-big-winner-in-google-antitrust-lawsuit/) we see “While Google CEO Larry Page took his lumps with the suit, Microsoft, very quietly, came out the big winner, sources said. “Microsoft complained a lot,” said a source with direct knowledge of the situation. “Microsoft definitely counselled the [EC], suggesting it made sense to send Google a statement of objections so Google would be forced to produce documents” showing its search-result recipe, another source said”, this was a joke 3 years in the making. I hope that I can turn that joke on these losers as they have diminished consumer trust in their narrow minded way (not to mention short sighted ways).

Even when we turn this in another direction through the Register two month ago (at https://www.theregister.co.uk/2018/05/21/antitrust_google_us_government/), where we see ‘On 20th anniversary of Microsoft antitrust, US Treasury Sec calls for Google monopoly probe‘, I am not arguing how right or wrong it is. I am merely pointing out that Google went in a direction that was long term, whilst all the others went into the short term path that was demanded from their board of directors, who for the most could not read a spreadsheet properly because the bullet points were missing (their optional opposition to the NRA perhaps?). That was the setting and those with vision are dumbfounded and they got hurt through the inadequacy of stupid people.

So the Danish party was already active then. What is an issue is Jeremy Stoppelman, he had vision with Yelp, even as he did not understand certain markets (miscalculated is a better word), he had faith in his product, which I applaud. it worked for a while, yet I see that bad choices (unfortunate choices is a better setting) impacted it all, so even as Yelp failed to meet expectations, if it survives and gets 5G traction, it will be ahead of others a decent amount, it turned down Google who wanted them when the going was good and he would have had a strong place if he had taken that part, but it was his decision and I applaud him for it. Yelp and Turnstyle Analytics would have an optional strong 5G setting if it had kept international operations and grow the data the way they had, it will not be easy now for them, but I digress. With: “Mnuchin’s comments on Google came after a special 60 Minutes episode that focused in part on the company and its effective search monopoly. That segment was notable for the inclusion of two people: EU competition commissioner Margrethe Vestager and Yelp founder Jeremy Stoppelman“, yet all parties have their ‘its effective search monopoly‘, what they are not telling us is that they had a vision that everyone would come with a future need and they got Stanford University to create the algorithm that got patented. All the other players remained dumb to the future. And then we get the one gem I expected: “Also, the EU announced it was launching a probe of Google’s Android operating system to see if its agreements with cellular phone makers was hurting rivals. While Microsoft likely does not care much about search preference, “the investigation throws sand in the gears of Google’s innovation,” the former FTC official said“, so there it is ‘agreements with cellular phone makers was hurting rivals‘, phone makers had options, Apple had its own system and there are NO non-Apple IOS phones. Interesting that this does not make that cut is it? An open system was offered and the alternative Microsoft (rejected because it was not up to the job), Blackberry (is only after the collapse that it became an option to others), we see that Google has an open option, yet they are the boogeymen. So we get two elements, a partially failed entrepreneur (only in part) and a limelight seeking politician. The power of the google Appeal is found in a simple statement: “Her staff ran through over a billion Google searches and found that Google was knowingly manipulating its search algorithms to promote its own products and push competitors far down the ranking“, that evidence must be shown in court and get scrutinised! You see, the timeline for a billion searches can only partially be automated and those results can be used by Google as evidence against Margrethe Vestager as well. The evidence of ‘manipulating its search algorithms‘ will be equally a discussion point putting EVERY intern and assistant of Margrethe Vestager in the witness box, no exception. A setting that I personally see as the EC has close to no chance of winning. Even as I saw the algorithm in my University classes for an assignment, I am decently certain that I did not see the whole 100% of all elements of the algorithm, one element out of place and that is as I (again: personally) see it the crushing of the EC case, the appeal will be won by Google.

The fact that Microsoft was part of this in several ways from 2015 onwards and likely before that is more than enough for me to consider the premise that trusting antitrust is not always a good thing. I do agree that antitrust should exist, yet it should be clear that this is not a handle for the narrow minded, the short sighted, the greedy and the stupid to use because they could not get their shit together. They should reread Chapter 11 of their favourite pornographic work, whether that text comes in 50 shades of mixing several combinations of white and black. A colourless equation in a setting where colour was the only part that the global users demanded, listening to them would have been a first requirement. It is the setting, which gets me to the final image.

An interesting to set the stage, because if Microsoft was a marketing firm, they would be reduced to merely being a spammer, look at the first screen of your Xbox One (X optional) for that part, also all the parts people have to go through in Windows 10 (https://www.windowscentral.com/how-remove-advertising-windows-10), so in the end, the advisors have their own games to play (quite literally at some point). The Independent was kind enough to give us this with: “In the meantime, we probably ought to do our bit to help her by making a little more use of Google’s rivals, such as Microsoft’s Bing, which is a perfectly serviceable search engine“, it is seen at (https://www.independent.co.uk/news/business/comment/google-eu-fine-margrethe-vestager-android-search-microsoft-bing-silicon-valley-mobile-phones-a8453486.html)

Just ‘Bing’ “UK Law firms”, to get a UK law firm and immediately I see 10 law firms (page top view), 50% Australian ones (3 of those advertised), so if Bing cannot give me what I am looking for, why should I even consider them? With the term “Dutch Lawyers” I get 25% fulfilling the search. I can go on for a while, but I think the case of the doubt regarding ‘a perfectly serviceable search engine’ and the case on how it isn’t one has been made. I did not need to go far. Oh, and if you do have a sense of humour, try “Microsoft guilty” (with brackets), to see Bing give you “We didn’t find any results for “Microsoft guilty””, whilst Chrome giving us an immediate 8 results, with the quotes on these links. So when it comes to censoring (or is that just their flawed algorithm), we can soon see that there is an optional setting where Margrethe Vestager could be seen as a tool for Microsoft (as they might have been ‘searching’ for optional solutions), it might not be a fair setting, yet the entirety of the Antitrust case is seen by me in that way. Microsoft and a few others need time to catch up, being stupid merely gets you at the back of the line (which is where all future opportunities are lost), they need time and they are using the EC to try to catch up. My sense of giggling will be found the moment the appeal is won by Google; we are likely to see a tsunami of ‘carefully phrased denials from European political players trying to avoid the limelight’.

Oh, and whilst we are at it, when we see ‘placing them at a competitive disadvantage‘, that in light of Huawei surpassing Apple (source: the Verge). With: “Huawei has surpassed Apple as the world’s second largest smartphone brand. Sales have overtaken Apple for the first time”, Margrethe Vestager will call it ‘proving her point’, yet the truth is that Huawei went for the affordable option, a side Apple has not considered in decades, whilst in addition, the decline of Samsung and the growth of Huawei reinforces that it was about affordability for the longest of times, those losing market shares are their own worst enemy, because the wrong people are setting the price, I added enough evidence of that for the longest of times. This all in a setting where we see that even as Huawei realises that Europe is the key, the others are isolating themselves even more. Soon enough it will no longer be about Google and Android, it will become on non-American mobile players gaining the upper hand  over all the others, I wonder what anti-trust case will be filed at that point.

#PriceDiscriminationAnyone?

 

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