May 2014

Amazon’s Tactics Confirm Its Critics’ Worst Suspicions

[Commentary] Amazon is confirming its critics’ worst fears and it is an ugly spectacle to behold. For years, authors and publishers have warned that Amazon, Jeff Bezos’ book-selling giant, would one day use its power for ill.

Sure, so far, Amazon has marketed itself as a book buyer’s best friend. It sells books at terrifically low prices, it delivers them amazingly quickly, and it constantly invents new technologies to improve the way we read. Amazon has also invested heavily in publishing new authors and it has pushed exciting new formats made possible by electronic distribution. Yet the literary community has always greeted Amazon’s moves with suspicion.

The fear is mostly about the future. What will happen to books when Amazon controls the entire industry? How will authors and publishing houses reckon with Amazon’s unchecked power? Most recently, as part of a contract dispute with the publisher Hachette, we’re seeing Amazon behaving at its worst. The company’s willingness to nakedly flex its anticompetitive muscle gives new cause for concern to anyone who cares about books -- authors, publishers, but mainly customers.

Four Tech Giants Formally Agree to $325 Million Hiring Case Settlement

Four major Silicon Valley companies have formally agreed to pay $324.5 million to settle claims brought by employees accusing them of colluding not to poach each other’s talent.

The settlement, between Apple, Google, Intel, Adobe Systems and roughly 64,000 workers, was disclosed in papers filed with the federal court in San Jose, California.

US District Judge Lucy Koh has been asked to preliminarily approve the accord at a June 19 hearing, over an objection by one of the four named plaintiffs. That plaintiff, Michael Devine, said the settlement let the companies off too easily. The settlement gives workers only a few thousand dollars each on average. The companies’ combined profit in their latest fiscal years was about $60 billion, with three-fifths coming from Apple.

Looking Back, Moving Forward

Memorial Day weekend also marks the 200th year anniversary of the first official telegraphic message sent over a long distance.

On May 24, 1844, Samuel Morse famously telegraphed, “What hath God wrought!” from Washington, DC, to Baltimore, the first official telegraphic message sent over of a long distance. Coincidentally, 18 years later to the day, Abraham Lincoln would send nine telegraph messages to Union generals, becoming the first President to regularly use electronic communications. Eighty years ago, Congress passed a law largely to deal with the network revolution Morse unleashed -- the Communications Act of 1934, which established the FCC.

Fast forward to today, and the Commission is grappling with the transition to the next network revolution -- the digital revolution that is being fueled by ubiquitous high-speed connectivity and increasingly powerful computing devices. June’s open Commission meeting will be highlighted by an update on our efforts to facilitate the transition from the circuit-switched networks of Alexander Graham Bell to a world with fiber, cable and wireless Internet Protocol (IP) networks.

Soon, the Commission will receive a status report on proposed experiments and how best to deploy next-generation networks, while preserving enduring values like universal access, competition and consumer protection. The Commission will also hear a presentation on progress made in processing Low Power FM applications from the October 2013 window.

Why You Need to Tell the FCC to Save Net Neutrality Now

[Commentary] Telecommunications conglomerates often prevail in debates about the future of media by pretending that the issues are too complicated for Americans to understand.

But there is nothing complicated about the current battle over the future of the Internet. Nor is there anything complicated about the need for citizens to rise up and defend net neutrality -- also known as the First Amendment of the Internet, because it provides the guarantee of free speech online for all.

If the Federal Communications Commission allows the “paid prioritization” of some websites and communications over others -- as has been proposed under a plan the commissioners recently voted 3 to 2 to consider -- the basic premise of a free and open Internet will be undermined.

In a digital age, this threatens a lot more than online shopping. “Profits and corporate disfavor of controversial viewpoints or competing services could change both what you can see on the Internet and the quality of your connection,” warns the ACLU. “And the need to monitor what you do online in order to play favorites means even more consumer privacy invasions piled on top of the NSA’s prying eyes.”

The threat is real. Public interest groups warn that under a plan developed by FCC chair Tom Wheeler, cable and telecom companies could shape a pay-to-play Internet, in which they charge cash-rich corporations and special-interest groups to provide high-speed service while consigning websites without billionaire benefactors to a digital dirt road.

FCC Chairman Wheeler’s plan comes in response to an appeals court ruling that scrapped a previous FCC attempt to preserve net neutrality. A Democrat, albeit one with a background as an industry lobbyist, Chairman Wheeler says he wants to maintain an open Internet. But he’s going about it the wrong way. His plan is much like the one the courts rejected: he envisions a complex set of rules that would require the FCC to constantly “scrutinize” these pay-for-priority schemes for certain websites, apps and online services.

Why the FCC Is Being So Vague About Net Neutrality

[Commentary] Federal regulators are trying to leave themselves plenty of power to oversee the Internet -- they're just not willing to get too specific about what they plan to do with it.

The Federal Communications Commission is moving ahead with a network neutrality proposal, but no one knows exactly what business practices it would ban. And for the FCC, that's all part of the strategy. The commission wants a vague standard to allow Internet companies to experiment with new business models, while giving the agency authority to step in when it sees abuses.

A senior FCC official argued that "putting rigid rules in place" would not let the Internet "evolve in a natural way." But the official added that "the government has to be in a position to oversee the Internet and intervene if it needs to."

Vague rules could allow future FCC chairmen (especially Republicans) to be lax on enforcement, letting Internet providers get away with a host of abuses. The next administration could essentially ignore net neutrality if the regulations don't specify which particular business practices are illegal.

Google's Settlement with European Union Faces Increased Pressure

Google's proposed settlement with European Union antitrust cops is under increasing threat of being revised or scrapped, amid calls to more tightly regulate the Web giant in the run up to European Parliament elections.

Politicians from France and Germany have in recent days ramped up rhetoric against the settlement with Google, which aims to resolve accusations that the company abuses its dominance in online search to promote its own businesses. Germany's economy minister said the deal should be improved. His French counterpart said that the European Commission -- the bloc's executive arm -- should reject it as it stands.

Behind closed doors, commission officials have suggested to opponents that some elements of the deal -- in which Google has pledged to dedicate space for competitors atop its search results --could be revisited, according to people involved in the discussions. Google officials, for their part, have been holding similar meetings to press their case that their settlement is fair, and tougher than regulators might get by pressing formal antitrust charges, people familiar with those meetings said.

"The offers by Google aren't worthless, but they're not nearly enough," said EU Energy Commissioner Günther Oettinger, among the 28 commissioners who must approve a settlement before it becomes binding. "We don't want to become a digital colony of global Internet giants," said French Economy Minister Arnaud Montebourg said at an event to oppose the antitrust deal. "It is necessary, indeed urgent, to put in place a framework that guarantees a level playing field" for European companies.

Bitcoin investment group registers lobbyist

The world’s first investment fund that focuses solely on the virtual currency bitcoin is bringing some lobbying muscle to Washington.

Falcon Global Capital director Brett Stapper filed paperwork to lobby Congress and federal agencies, according to federal lobbying disclose forms. The company is the second to formally declare that it is lobbying on the virtual currency, after MasterCard had five lobbyists it hired focus on the cryptocurrency in April.

According to the paperwork, the San Diego-based investment fund will focus on “education and understanding of Bitcoin and other crypto-graphic based currencies.” Falcon markets itself as being able to give clients “an easy entry and exit point into the exciting and fast growing Bitcoin markets while having their investment secured in our Insured Bitcoin vault.” The company’s team sees “Bitcoin as a disruptive force in the way currency is stored, transferred, and regulated around the globe,” it adds on its website.

US states probe eBay cyber attack as customers complain

EBay came under pressure over a massive hacking of customer data as three US states began investigating the e-commerce company's security practices.

Connecticut, Florida and Illinois said they are jointly investigating the matter.

New York Attorney General Eric Schneiderman requested eBay provide free credit monitoring for everyone affected. Details about what happened are still unclear because eBay has provided few details about the attack. It is also unclear what legal authority states have over eBay's handling of the matter. The states' quick move shows that authorities are serious about holding companies accountable for securing data following high-profile breaches at other companies, including retailers Target, Neiman Marcus and Michaels and credit monitoring bureau Experian.

The investigation by the states will focus on eBay's measures for securing data, circumstances that led to the breach and the company's response, said Jaclyn Falkowski, a spokeswoman for Connecticut Attorney General George Jepsen.

How Hachette could fight back against Amazon

[Commentary] Amazon.com, in its zeal to keep book prices low, is in a large fight with Hachette -- the smallest of New York’s big 5 publishers.

According to the New York Times, it started with tactics to crimp Hachette’s sales and has now apparently led to the removal of many Hachette books including, ironically, the paperback version of Brad Stone’s terrific book on Jeff Bezos but far more interestingly, JK Rowling’s latest that is due to be released soon.

For Hachette, with its looming JK Rowling book launch date, there is opportunity. If people want to be able to read her book on their Kindle, Hachette need only provide it in .mobi format. Yes, that would leave them with the spectre of potential piracy but that exists anyway and the music industry has demonstrated that most consumers will take convenience over free anyday; especially curmudgeonly readers tied to their existing devices.

All they need to do is set up a site that allows people to pay and then click a ‘send to Kindle’ button. Not only will Hachette bypass Amazon but they can sell the book for less because they don’t have to pay Amazon’s commission.

Google Rated Top Employer for Pay and Benefits by Glassdoor

Google and three other Silicon Valley companies recently settled a lawsuit alleging that they agreed not to recruit each other’s employees. Maybe Google didn’t need to worry about poaching.

The search giant ranked as the top US employer for compensation and benefits, according to employee ratings compiled by Glassdoor. Facebook ranked third. Overall, 12 tech companies ranked in the top 25.

How much do Google employees make? Glassdoor shared survey results for software engineers at five top tech firms. Those show software engineers at Google have an average base salary of $128,000. Apple software engineers did slightly better, making $132,000. Facebook’s made $120,000 and Microsoft's and Amazon’s made closer to $111,000 and $105,000 respectively. Of course, salary is not those employees’ only compensation: Perks can include stock options or restricted stock, not to mention free lunch.