On the 11th of September I wrote ‘A brief recollection’, a story where I had issues with the setting of ‘monopolisation’ by Google and with that I also stated “Google innovated this market more than anyone ever considered. The fact that Microsoft has no chance and lacks expertise in software to make any dent in Google application is one part of the evidence. It also didn’t stifle competition, the fact that Microsoft had no option to push anything in Google’s path seems to me that this is the second part of the evidence is also nullified. After decades of ‘exploitation’ of customers, Google gave them all a fair chance. So why doesn’t anyone see that?” And now, less then four hours ago, the BBC gives us ‘Google scores rare legal win as 1.49bn euro fine scrapped’ (at https://www.bbc.com/news/articles/c62rjd363j1o) with the text “It said the Commission had not considered “all the relevant circumstances” concerning the contract clauses and how it defined the market. Because of this, it ruled the Commission did not establish “an abuse of dominant position.”” That was what I basically said. The lack of creativity by others (read Microsoft) is no evidence of abuse. Their failure to see an equal footing five times over (once by Apple, once by Amazon, once by Sony and twice by Google) is not a setting of dominant abuse, it is merely dominant captaincy due to a failing to set the stage on creativity and I myself am about to give that lesson to Microsoft twice more. So how stupid do they need to get?
As such it seems that the legal profession had to admit defeat on the mere stage to scrap the fine with the quote “The Commission concluded Google had abused its dominance to prevent websites from using brokers other than AdSense when they were seeking adverts for their web pages”, which is not correct either. You see Microsoft has edge and its advertisement solution. It is however failing on several fronts It falls behind Chrome having 65% and behind Safari with its 18.5%, Edge has a mere 5.3%. And behold, Safari is only on Mac systems. In February 2024 MacOS systems had a mere 15.42% and PC’s had over 72% and even in that environment Edge has a mere 5.3%, failing to come close to Safari. Does that not tell you something. It isn’t that Google is abusing dominance, there simply isn’t anything close to compatible. It isn’t abuse, there is simply no equivalent in that game and the advertisement game is cut throat to say the least. And as I see that, I see two additional blows I can give Microsoft and that pretty much ends Microsoft to be the competitor. It is a mere agent of mediocrity and as such it loses more and more market share. I can give (for a fee) one to Google and the other one to Amazon and they can show Microsoft what it is to be dead last in a game that only has space for the victor. Soon America will try its luck on shaking down Google for cash as we are told “The US government is also taking the tech giant to court over the same issue, with prosecutors alleging its parent company, Alphabet, illegally operates a monopoly in the market.” I wonder how they tend to prove that when the competitors (mainly Microsoft) are showing to be ridiculously short changed on competition. As I see it, it is a court session waiting to fail. The nice side is that I could optionally still rely on Kingdom Holding and Tencent Technology to enter a deal with me to broker technology and is definitely worth it when it comes to Kingdom Holding, and optionally Tencent Technology would be a worth the talk to. Amazon waked away from this and once these two setting pan out, all can see how much of a shortage Microsoft had. And that is a shortage that has been visible to those who think critically for at least a decade. The media spin has no hold over them and as we are told ‘Microsoft Wants To Stop The Next CrowdStrike Error Before It Causes PC Shutdown’ a mere 10 hours ago is set against “Microsoft even got everyone together at a security summit earlier this month where the company had talks about changing the dynamics of who can access the Windows kernel and control the changes” with the added “Microsoft realises that unrestricted access to Windows kernel is the big reason why the Crowdstrike outage occurred in the first place. It was even pointed out that Apple will never give that kind of access to its partners and vendors, which explains why no Mac machine was down on that day.” As such we get that MAC systems never had the issue and the collaborated events give rise to the stage that the CrowdStrike issues could optionally still happen. Did anyone guess what happens to cloud systems when this is not addressed in the next 48 hours? How many vendors will switch to AWS as such? When we consider that “changing the dynamics of who can access the Windows kernel and control the changes” could not normally be resolved in 48 hours at all. This is the setting that Microsoft is up against and that is all before we realise that it is a fundamental shift required in search and advertisement systems that makes Edge even less of a competitor soon enough and that gives Google more leeway. That realisation is what these courts are fighting against. There is no monopoly when there is not competition. And Microsoft is no longer any kind of interfering factor. That merely leaves Google, Amazon and Apple. Amazon holds 7.3% of the online ad market, Apple gets 30% from Google, which only leaves the optional others. And when we consider that Amazon has a bigger share than Microsoft/Edge. How much of a competitor was Microsoft to begin with? So who is setting the fictive breach towards ‘abusive monopoly’? Isn’t that the critical question? What voices speak to the EU and US lawmakers? That is the question that matters and I personally think that it is those who have a personal gain through Microsoft stages that are screaming murder. They bet on the wrong horse and as I see it Microsoft is a horse no show. The EU had to cancel that €1.49B euro fine as this could optionally backfire as well. The stage as I saw it was always different. As Microsoft went its way into the boardrooms, they forgot that those dozen people (times Fortune 500) depend on millions of workers doing stuff and that was where Google grew. And the Microsoft strategy fell flat. I myself found another nice worth billions in pretty much the same way. As such one of my solutions was primarily for Amazon as Google dropped their Stadia, which made the Amazon Luna the only contender and Microsoft with its solution fell flat behind Sony (PlayStation) and Nintendo (Switch), yet Tencent came roaring with its solution and became a contender. This shows how certain people in the US are using the Department of Justice and as (September 9th) we were given “According to the lawsuit filed by the Department of Justice (DoJ) and a coalition of states in 2023, Google dominates the digital ad marketplace and has leveraged its market power to stifle innovation and competition.” I see the same failing happen under Google “leveraged its market power to stifle innovation and competition” and equal shortage as there are no innovators (they heed to solve their CrowdStrike issues before they also lose the cloud market and there is no competition as there is a competition of one, that is no monopoly, it is the lack of equally sharp minded people gaining serious forward momentum. That is the actual stage and that was the setting all along. And the setting is easy to fathom. Consider the mere first strike “On the 9th of October 2006, YouTube was purchased by Google for $1.65 billion” In 2006 Microsoft had the cash and the option to buy this, but they did not.
The former employees of PayPal were out there and Microsoft didn’t see the option. That is how much they failed for 18 years. After that Microsoft had at least three options to compete, but they did not. 2005, 2006, and 2014. Microsoft did nothing (as far as I know). More over in September 2016 ByteDance created TikTok. In 4 years it surpassed 2 billion downloads and still Microsoft was in the dark on what they had missed. You think this is not related, but it is. The competitors a near complete lack of comprehending its audience for close to 18 years and that is where the Department of Justice comes in? Competition is created by the players who understand their audience. It is something that is known for half a century. A monopoly is created when there are like minded players stifle matters like innovations (which requires innovators) and competition (which requires market share) most (especially Microsoft) failed on both matters. Amazon had its own niche market and had its own 7.3%. The only one with any right to cry foul (or is that fowl) is ByteDance, but the Department of Justice are silencing that voice.
So as I am having fun because I saw the field correctly all along will (hopefully) soon have two more reasons to roll on the floor laughing and the fun part is that a player like Microsoft is too stupid to see the audience that they are disregarding.
I wonder what the American DoJ will make of that.
Have a great day.
Lawrence van Rijn - Law Lord to be 