|By Maureen O'Gara||
|January 7, 2013 04:00 AM EST||
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.
SYS-CON Events announced today that 910Telecom will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Housed in the classic Denver Gas & Electric Building, 910 15th St., 910Telecom is a carrier-neutral telecom hotel located in the heart of Denver. Adjacent to CenturyLink, AT&T, and Denver Main, 910Telecom offers connectivity to all major carriers, Internet service providers, Internet backbones and ...
Aug. 31, 2016 09:00 PM EDT Reads: 2,072
SYS-CON Events announced today that Isomorphic Software will exhibit at DevOps Summit at 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Isomorphic Software provides the SmartClient HTML5/AJAX platform, the most advanced technology for building rich, cutting-edge enterprise web applications for desktop and mobile. SmartClient combines the productivity and performance of traditional desktop software with the simp...
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DevOps at Cloud Expo – being held November 1-3, 2016, 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 results. Am...
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Modern organizations face great challenges as they embrace innovation and integrate new tools and services. They begin to mature and move away from the complacency of maintaining traditional technologies and systems that only solve individual, siloed problems and work “well enough.” In order to build...
Internet of @ThingsExpo, taking place November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 19th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The Internet of Things (IoT) is the most profound change in personal and enterprise IT since the creation of the Worldwide Web more than 20 years ago. All major researchers estimate there will be tens of billions devices - comp...
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Thomas Bitman of Gartner wrote a blog post last year about why OpenStack projects fail. In that article, he outlined three particular metrics which together cause 60% of OpenStack projects to fall short of expectations: Wrong people (31% of failures): a successful cloud needs commitment both from the operations team as well as from "anchor" tenants. Wrong processes (19% of failures): a successful cloud automates across silos in the software development lifecycle, not just within silos.
Aug. 31, 2016 04:30 PM EDT Reads: 2,256
[session] Architecting for the Cloud By @RagsS | @CloudExpo @IBMBluemix #Cloud #Docker #Microservices
As the world moves toward more DevOps and Microservices, application deployment to the cloud ought to become a lot simpler. The Microservices architecture, which is the basis of many new age distributed systems such as OpenStack, NetFlix and so on, is at the heart of Cloud Foundry - a complete developer-oriented Platform as a Service (PaaS) that is IaaS agnostic and supports vCloud, OpenStack and AWS. Serverless computing is revolutionizing computing. In his session at 19th Cloud Expo, Raghav...
Aug. 31, 2016 04:00 PM EDT Reads: 1,142
19th Cloud Expo, taking place November 1-3, 2016, 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. Meanwhile, 94% of enterpri...
Aug. 31, 2016 02:00 PM EDT Reads: 3,290
This complete kit provides a proven process and customizable documents that will help you evaluate rapid application delivery platforms and select the ideal partner for building mobile and web apps for your organization.
Aug. 31, 2016 01:30 PM EDT Reads: 3,262
The following fictional case study is a composite of actual horror stories I’ve heard over the years. Unfortunately, this scenario often occurs when in-house integration teams take on the complexities of DevOps and ALM integration with an enterprise service bus (ESB) or custom integration. It is written from the perspective of an enterprise architect tasked with leading an organization’s effort to adopt Agile to become more competitive. The company has turned to Scaled Agile Framework (SAFe) as ...
Aug. 31, 2016 12:00 PM EDT Reads: 1,064
SYS-CON Events announced today that eCube Systems, a leading provider of middleware modernization, integration, and management solutions, will exhibit at @DevOpsSummit at 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. eCube Systems offers a family of middleware evolution products and services that maximize return on technology investment by leveraging existing technical equity to meet evolving business needs. ...
Aug. 31, 2016 11:15 AM EDT Reads: 933
This is a no-hype, pragmatic post about why I think you should consider architecting your next project the way SOA and/or microservices suggest. No matter if it’s a greenfield approach or if you’re in dire need of refactoring. Please note: considering still keeps open the option of not taking that approach. After reading this, you will have a better idea about whether building multiple small components instead of a single, large component makes sense for your project. This post assumes that you...
Aug. 31, 2016 08:45 AM EDT Reads: 5,363
Monitoring of Docker environments is challenging. Why? Because each container typically runs a single process, has its own environment, utilizes virtual networks, or has various methods of managing storage. Traditional monitoring solutions take metrics from each server and applications they run. These servers and applications running on them are typically very static, with very long uptimes. Docker deployments are different: a set of containers may run many applications, all sharing the resource...
Aug. 31, 2016 07:00 AM EDT Reads: 2,183
With so much going on in this space you could be forgiven for thinking you were always working with yesterday’s technologies. So much change, so quickly. What do you do if you have to build a solution from the ground up that is expected to live in the field for at least 5-10 years? This is the challenge we faced when we looked to refresh our existing 10-year-old custom hardware stack to measure the fullness of trash cans and compactors.
Aug. 31, 2016 02:45 AM EDT Reads: 1,923
The emerging Internet of Everything creates tremendous new opportunities for customer engagement and business model innovation. However, enterprises must overcome a number of critical challenges to bring these new solutions to market. In his session at @ThingsExpo, Michael Martin, CTO/CIO at nfrastructure, outlined these key challenges and recommended approaches for overcoming them to achieve speed and agility in the design, development and implementation of Internet of Everything solutions wi...
Aug. 31, 2016 02:15 AM EDT Reads: 2,317
Aug. 30, 2016 11:15 PM EDT Reads: 5,013
There's a lot of things we do to improve the performance of web and mobile applications. We use caching. We use compression. We offload security (SSL and TLS) to a proxy with greater compute capacity. We apply image optimization and minification to content. We do all that because performance is king. Failure to perform can be, for many businesses, equivalent to an outage with increased abandonment rates and angry customers taking to the Internet to express their extreme displeasure.
Aug. 30, 2016 08:45 PM EDT Reads: 2,482
Before becoming a developer, I was in the high school band. I played several brass instruments - including French horn and cornet - as well as keyboards in the jazz stage band. A musician and a nerd, what can I say? I even dabbled in writing music for the band. Okay, mostly I wrote arrangements of pop music, so the band could keep the crowd entertained during Friday night football games. What struck me then was that, to write parts for all the instruments - brass, woodwind, percussion, even k...
Aug. 30, 2016 07:45 PM EDT Reads: 3,251
Right off the bat, Newman advises that we should "think of microservices as a specific approach for SOA in the same way that XP or Scrum are specific approaches for Agile Software development". These analogies are very interesting because my expectation was that microservices is a pattern. So I might infer that microservices is a set of process techniques as opposed to an architectural approach. Yet in the book, Newman clearly includes some elements of concept model and architecture as well as p...
Aug. 30, 2016 07:45 PM EDT Reads: 10,959
Let's just nip the conflation of these terms in the bud, shall we?
"MIcro" is big these days. Both microservices and microsegmentation are having and will continue to have an impact on data center architecture, but not necessarily for the same reasons. There's a growing trend in which folks - particularly those with a network background - conflate the two and use them to mean the same thing.
They are not.
One is about the application. The other, the network. T...
Aug. 30, 2016 09:45 AM EDT Reads: 4,797