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Why An FTC Case Against Google Is A Really Bad Idea (Part V)
[This series of posts dissects the threatened FTC antitrust case against Google and concludes that a monopolization prosecution by the federal government would be a very bad idea. We divide the topic...
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Why An FTC Case Against Google Is A Really Bad Idea
[This series of posts dissects the threatened FTC antitrust case against Google and concludes that a monopolization prosecution by the federal government would be a very bad idea. We divide the topic...
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Show Me the Money (Data)
The week before last I participated in a conference on mobile payment technologies. I expected to find out more about Square and other startups that have begun to revolutionize credit card acceptance...
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Convergence Disrupted: Amazon Goes Brick-and-Mortar
Disintermediation is the heart of the Internet’s value proposition; cutting out the middleman in order to reduce distribution costs at scale. Now the first and best example of this point, Amazon.com,...
View ArticleA Vietnam of Internet Regulation
Given news that a European consortium of rivals has submitted yet another monopolization complaint against Google to the EU Commission, it is time to take stock of where we are in this long-running...
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Fair Is Fair In Search
Just a couple of weeks ago I put together a brief synopsis of the now-closed Federal Trade Commission (FTC) investigation of Google, Inc. for alleged monopolization, titled Deconstructing the FTC’s...
View ArticleDefamation, Autocomplete And Search Royalties: How Not To Govern the Internet
With the controversy surrounding the International Telecommunications Union (a UN treaty organization) just recently subsiding, it is time to take a look at Internet governance from a different...
View ArticleFoundem Has Lost It
In the ongoing saga of governmental antitrust investigations of Google, recent weeks have witnessed a new level of rhetoric and disingenuous use of the regulatory process to handicap, rather than...
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Five Reasons Apple’s Private Antitrust Risks Are Minimal
Tech business news these days is dominated by headlines about the trial of United States v. Apple, Inc., where the U.S. Department of Justice (DOJ) is charging Cupertino with masterminding a massive...
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Want A Tesla? You Can’t Buy One Here.
The U.S. economy has seen its share of disruptive technologies derailed (at least in time-to-market) by archaic legal regimes. We looked most recently at Uber’s taxi-hailing service and Airbnb’s...
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Social Media and Copyright Law In Conflict
When it comes to disruption, the advent of social media communications is decidedly in the front row. But along with revolutionizing personal (and political) relationships, the sharing of content on...
View ArticleFriends With Benefits (How Privacy Law Evolves for Social Media)
A few weeks ago I examined how copyright law — like most legal subjects dealing with technology — is lagging behind the fast-moving and disruptive changes wrought by social media to old legal rules for...
View ArticleMore On Apple & Private Antitrust
While lots of bits and ink have been devoted to Apple Inc.’s well-publicized run-in with the Department of Justice over its role in a price-fixing conspiracy among e-book publishers, most of the media...
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Opening Pandora’s Box: Copyright and Antitrust
Are copyright holders allowed to decide without legal constraint to whom they will license their content and on what terms? That is the issue facing Pandora and other new streaming radio firms, for...
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Disrupting the Legal Industry
As a recent story from the The Washington Post illustrates well, “tradition” is a gating factor in the ongoing transformation of the legal industry. Despite the highly conservative nature of courts,...
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Future Markets, Nascent Markets and Competitive Predictions
No one in government or business has a crystal ball. Yet predictions of what is coming in markets characterized by rapid and disruptive innovation seem to be being made more often by competition...
View ArticleOTT Disruption: Is the “Rockefeller Bill” the Answer?
We spend a fair amount of time at DisCo discussing how political, legal and regulatory processes in the United States are largely biased against disruptive innovators in favor of legacy incumbents....
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Retailers Battle Back Against Technological Disruption
Despite the failures in recent years of such well-known retail chains as Circuit City, Borders and the like, it is way too soon to declare that the Internet will replace brick-and-mortar retailing. In...
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5 Industries Facing Disruption In 2014
Every new year sees a slew of top 5 and top 10 lists looking backwards. Here’s one that looks forward, predicting the five biggest disruptive technologies and threatened industries for 2014. Making...
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Is Bazaarvoice Bizarre?
When is a prediction not worth relying upon? For purposes of analyzing mergers under the Clayton Antitrust Act, a recent decision in favor of the Justice Department indicates that predictions are worth...
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