Welcome!

Microservices Expo Authors: Jason Bloomberg, Elizabeth White, Pat Romanski, Mehdi Daoudi, Liz McMillan

Related Topics: Cognitive Computing , Mobile IoT, Microservices Expo, Microsoft Cloud, Agile Computing, Release Management

Cognitive Computing : Article

FTC Slaps Google’s Wrist over Patents, Little Else

The deal absolves Google of stacking its search results in favor of its own properties and thereby stifling competition

The Federal Trade Commission said Thursday that it had come to a couple of so-called "landmark agreements" with Google that end the agency's big, almost two-year investigation into the antitrust complaints made against the search giant.

The deal absolves Google of stacking its search results in favor of its own properties and thereby stifling competition, a winning decision for Google that has Microsoft ticked off. Alas, Redmond hoped Google would be embroiled in a major antitrust case.

One of the two consent decrees forbids Google to seek injunctions from the federal courts or the International Trade Commission against "willing licensees" of the standards-essential patents (SEPs) it acquired in its $12.5 billion takeover of Motorola Mobility, patents that are supposed to be available to all takers on fair, reasonable, non-discriminatory (FRAND) terms.

The wording leaves room for Google to argue that the targets of its attempts at sales and import bans are not willing licensees and - although the consent decree ostensibly holds Google to Motorola's FRAND pledges - apparently the only way to resolve such an impasse is for the would-be licensee to take Google to court to have the FRAND terms set, since Google and Motorola have demanded ridiculously high terms at least from competitors like Apple and Microsoft.

FOSS Patents thinks Apple and Microsoft will benefit from the order because the FTC regards them as willing licensees of the patents on FRAND terms but notes that Commissioner J. Thomas Rosch didn't go along with the deal and would have preferred Google be forbidden to seek any injunctions based on SEP patents unless the "licensee refuses to comply with the decision of a federal court or some other neutral arbitrator defining the FRAND terms."

In his dissent Rosch, who is about to depart the FTC, said, "After promising an elephant more than a year ago, the Commission instead has brought forth a couple of mice."

He reckons letting Google off "creates very bad precedent and may lead to the impression that well-heeled firms such as Google will receive special treatment at the Commission." On the other hand, he also thinks that if Google's rival had a beef they should have lodged private antitrust suits.

However, if she had her way Commissioner Maureen Ohlhausen wouldn't have placed any restrictions on Google and its SEP injunctions.

Separately, Google has agreed to remove restrictions on the use of its AdWords online search advertising platform that make it difficult for advertisers to coordinate online advertising campaigns across multiple platforms. And it also pledged to cut down on its use of snippets of content from other web sites such as posting Yelp reviews next to its maps.

FairSearch, whose members include Microsoft, said the FTC's "inaction on the core question of search bias will only embolden Google to act more aggressively to misuse its monopoly power to harm other innovators."

Google chief legal officer David Drummond blogged that "The conclusion is clear: Google's services are good for users and good for competition."

He also said that Google will seek to resolve SEP disputes through a neutral third party before seeking injunctions. "This agreement establishes clear rules of the road for standards-essential patents going forward," he claimed.

The European Commission's probe, started about the same time and touching the same territory, is still on-going.

Google's stock gained slightly on the pretty much expected news.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

Comments (0)

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.


@MicroservicesExpo Stories
Many organizations are now looking to DevOps maturity models to gauge their DevOps adoption and compare their maturity to their peers. However, as enterprise organizations rush to adopt DevOps, moving past experimentation to embrace it at scale, they are in danger of falling into the trap that they have fallen into time and time again. Unfortunately, we've seen this movie before, and we know how it ends: badly.
Leading companies, from the Global Fortune 500 to the smallest companies, are adopting hybrid cloud as the path to business advantage. Hybrid cloud depends on cloud services and on-premises infrastructure working in unison. Successful implementations require new levels of data mobility, enabled by an automated and seamless flow across on-premises and cloud resources. In his general session at 21st Cloud Expo, Greg Tevis, an IBM Storage Software Technical Strategist and Customer Solution Architec...
Many organizations adopt DevOps to reduce cycle times and deliver software faster; some take on DevOps to drive higher quality and better end-user experience; others look to DevOps for a clearer line-of-sight to customers to drive better business impacts. In truth, these three foundations go together. In this power panel at @DevOpsSummit 21st Cloud Expo, moderated by DevOps Conference Co-Chair Andi Mann, industry experts will discuss how leading organizations build application success from all...
The last two years has seen discussions about cloud computing evolve from the public / private / hybrid split to the reality that most enterprises will be creating a complex, multi-cloud strategy. Companies are wary of committing all of their resources to a single cloud, and instead are choosing to spread the risk – and the benefits – of cloud computing across multiple providers and internal infrastructures, as they follow their business needs. Will this approach be successful? How large is the ...
‘Trend’ is a pretty common business term, but its definition tends to vary by industry. In performance monitoring, trend, or trend shift, is a key metric that is used to indicate change. Change is inevitable. Today’s websites must frequently update and change to keep up with competition and attract new users, but such changes can have a negative impact on the user experience if not managed properly. The dynamic nature of the Internet makes it necessary to constantly monitor different metrics. O...
Enterprises are moving to the cloud faster than most of us in security expected. CIOs are going from 0 to 100 in cloud adoption and leaving security teams in the dust. Once cloud is part of an enterprise stack, it’s unclear who has responsibility for the protection of applications, services, and data. When cloud breaches occur, whether active compromise or a publicly accessible database, the blame must fall on both service providers and users. In his session at 21st Cloud Expo, Ben Johnson, C...
21st International Cloud Expo, taking place October 31 - November 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA, will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud strategy. Me...
Today companies are looking to achieve cloud-first digital agility to reduce time-to-market, optimize utilization of resources, and rapidly deliver disruptive business solutions. However, leveraging the benefits of cloud deployments can be complicated for companies with extensive legacy computing environments. In his session at 21st Cloud Expo, Craig Sproule, founder and CEO of Metavine, will outline the challenges enterprises face in migrating legacy solutions to the cloud. He will also prese...
Most of the time there is a lot of work involved to move to the cloud, and most of that isn't really related to AWS or Azure or Google Cloud. Before we talk about public cloud vendors and DevOps tools, there are usually several technical and non-technical challenges that are connected to it and that every company needs to solve to move to the cloud. In his session at 21st Cloud Expo, Stefano Bellasio, CEO and founder of Cloud Academy Inc., will discuss what the tools, disciplines, and cultural...
The “Digital Era” is forcing us to engage with new methods to build, operate and maintain applications. This transformation also implies an evolution to more and more intelligent applications to better engage with the customers, while creating significant market differentiators. In both cases, the cloud has become a key enabler to embrace this digital revolution. So, moving to the cloud is no longer the question; the new questions are HOW and WHEN. To make this equation even more complex, most ...
With the rise of DevOps, containers are at the brink of becoming a pervasive technology in Enterprise IT to accelerate application delivery for the business. When it comes to adopting containers in the enterprise, security is the highest adoption barrier. Is your organization ready to address the security risks with containers for your DevOps environment? In his session at @DevOpsSummit at 21st Cloud Expo, Chris Van Tuin, Chief Technologist, NA West at Red Hat, will discuss: The top security r...
Agile has finally jumped the technology shark, expanding outside the software world. Enterprises are now increasingly adopting Agile practices across their organizations in order to successfully navigate the disruptive waters that threaten to drown them. In our quest for establishing change as a core competency in our organizations, this business-centric notion of Agile is an essential component of Agile Digital Transformation. In the years since the publication of the Agile Manifesto, the conn...
The nature of the technology business is forward-thinking. It focuses on the future and what’s coming next. Innovations and creativity in our world of software development strive to improve the status quo and increase customer satisfaction through speed and increased connectivity. Yet, while it's exciting to see enterprises embrace new ways of thinking and advance their processes with cutting edge technology, it rarely happens rapidly or even simultaneously across all industries.
These days, APIs have become an integral part of the digital transformation journey for all enterprises. Every digital innovation story is connected to APIs . But have you ever pondered over to know what are the source of these APIs? Let me explain - APIs sources can be varied, internal or external, solving different purposes, but mostly categorized into the following two categories. Data lakes is a term used to represent disconnected but relevant data that are used by various business units wit...
"NetApp's vision is how we help organizations manage data - delivering the right data in the right place, in the right time, to the people who need it, and doing it agnostic to what the platform is," explained Josh Atwell, Developer Advocate for NetApp, in this SYS-CON.tv interview at 20th Cloud Expo, held June 6-8, 2017, at the Javits Center in New York City, NY.
One of the biggest challenges with adopting a DevOps mentality is: new applications are easily adapted to cloud-native, microservice-based, or containerized architectures - they can be built for them - but old applications need complex refactoring. On the other hand, these new technologies can require relearning or adapting new, oftentimes more complex, methodologies and tools to be ready for production. In his general session at @DevOpsSummit at 20th Cloud Expo, Chris Brown, Solutions Marketi...
DevOps at Cloud Expo – being held October 31 - November 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA – announces that its Call for Papers is open. Born out of proven success in agile development, cloud computing, and process automation, DevOps is a macro trend you cannot afford to miss. From showcase success stories from early adopters and web-scale businesses, DevOps is expanding to organizations of all sizes, including the world's largest enterprises – and delivering real r...
You know you need the cloud, but you’re hesitant to simply dump everything at Amazon since you know that not all workloads are suitable for cloud. You know that you want the kind of ease of use and scalability that you get with public cloud, but your applications are architected in a way that makes the public cloud a non-starter. You’re looking at private cloud solutions based on hyperconverged infrastructure, but you’re concerned with the limits inherent in those technologies.
As DevOps methodologies expand their reach across the enterprise, organizations face the daunting challenge of adapting related cloud strategies to ensure optimal alignment, from managing complexity to ensuring proper governance. How can culture, automation, legacy apps and even budget be reexamined to enable this ongoing shift within the modern software factory?
"When we talk about cloud without compromise what we're talking about is that when people think about 'I need the flexibility of the cloud' - it's the ability to create applications and run them in a cloud environment that's far more flexible,” explained Matthew Finnie, CTO of Interoute, in this SYS-CON.tv interview at 20th Cloud Expo, held June 6-8, 2017, at the Javits Center in New York City, NY.