Google cites $30B in patent privateering losses in campaign against patent trolls

Jordan Kahn

Google today announced in a blog post on its Public Policy Blog that it has asked the Federal Trade Commission and the Department of Justice to investigate and take a stronger stance against patent privateering and patent assertion entities, aka patent trolls. Google linked to a document submittedGoogle-building to the government agencies mentioned above and noted that BlackBerry, Earthlink and RedHat are among other companies backing the request.

Within its post, Google’s Senior Competition Counsel Matthew Bye cited losses of nearly $30 billion a year in the U.S. due to patent trolls and urged companies to help Google create “cooperative licensing agreements that can help curb privateering.”

Trolls use the patents they receive to sue with impunity—since they don’t make anything, they can’t be countersued. The transferring company hides behind the troll to shield itself from litigation, and sometimes even arranges to get a cut of the money extracted by troll lawsuits and licenses.

Google described patent privateering as companies selling “patents to trolls with the goal of waging asymmetric warfare against its competitors.” While it didn’t name any companies specifically in its blog post or document submitted to the FTC, it did link to an article on Bloomberg that mentions Microsoft, Nokia, and Alcatel-Lucent as companies linked to patent privateering.

In the document submitted to the FTC, Google outlined its stance on patent trolls and recommended the FTC initiate an investigation into patent assertion entities and or expand its broader inquiry to include a number of important areas specifically related to patent privateering: Read more

FTC recommends Google, Apple, BlackBerry, Microsoft, & app devs improve mobile privacy disclosures

Jordan Kahn

Screen Shot 2013-02-01 at 10.51.38 AMThe Federal Trade Commission released a report today that recommends how owners of mobile platforms can better inform consumers about how their data is being handled. The FTC named a number of companies in its report, including: Amazon, Apple, BlackBerry, Google, and Microsoft, as well as “application (app) developers, advertising networks and analytics companies, and app developer trade associations.”

The recommendations follow the FTC updating its online child privacy law to require parental consent before collecting data from children under the age of 13. It also came as Path agreed to pay an $800,000 settlement to the FTC over last year’s privacy controversy.

In the report, titled “Mobile Privacy Disclosures, Building Trust Through Transparency,” the FTC issued a number of recommendations. The FTC recommended that all platform owners “Provide just-in-time disclosures to consumers and obtain their affirmative express consent before allowing apps to access sensitive content like geolocation.” It recommended app developers take the same measures in addition to having “a privacy policy and make sure it is easily accessible through the app stores.” The report also suggested that companies implement a ” a one-stop “dashboard” into their operating systems so consumers can easily view how their data is being handled by specific apps.

Other recommendations the FTC asked Apple and others to implement include new icons that “depict the transmission of user data” and a “Do Not Track” option for users to easily opt out of their data being sent to third parties.

“FTC staff strongly encourages companies in the mobile ecosystem to work expeditiously to implement the recommendations in this report.  Doing so likely will result in enhancing the consumer trust that is so vital to companies operating in the mobile environment.  Moving forward, as the mobile landscape evolves, the FTC will continue to closely monitor developments in this space and consider additional ways it can help businesses effectively provide privacy information to consumers,” the report states.

A full list of the recommendations made by the FTC for mobile platform owners, advertising agencies, and app developers is below:
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Colorado Dem Rep cautions FTC to rethink antitrust suit against Google

E. Betters

Jared Polis, U.S. Representative for Colorado’s 2nd congressional district

U.S. Federal Trade Commission officials supposedly want to bring an antitrust case against Google due to complaints about it suppressing competition in the market, but Colorado Rep. Jared Polis cautioned the regulatory body in a letter last week that such a lawsuit would be a “woefully misguided step.”

Many Internet businesses, such as Yelp and Nextag, have criticized Google at open hearings in Congress, asserting Google unjustly applies its search dominance to give web sites lower-quality rankings in search results. The effect would essentially push Internet users toward Google products that provide similar services.

Google has continually rebuffed any wrongdoing, and the Vice President of Engineering Amit Singhal even came to his employer’s defense on the Google Public Policy Blog earlier this summer —in an aggressive tactic not usually taken by the Mountain View, Calif.-based company—to spearhead the rumor-mill accusations in a “claim vs. fact” format.

Democrat Polis specifically wrote in his letter that an anti-trust lawsuit by the FTC would “threaten the very integrity of our anti-trust system, and could ultimately lead to Congressional action resulting in a reduction in the ability of the FTC to enforce critical anti-trust protections in industries where markets are being distorted by monopolies or oligopolies.”

Political newspaper The Hill, which first reported on the letter, further noted that Polis said the market for online search remains adequately competitive despite antitrust complaints:

He noted that customers search Amazon for shopping results, iTunes for music and movies, Facebook for social networking and Yelp for local businesses.

“To even discuss applying anti-trust in this kind of hyper-competitive environment defies all logic and the very underpinnings of anti-trust law itself,” Polis wrote.

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Report: FTC officials ‘convinced’ Google illegally used dominance to stifle competition, eyes antitrust case

E. Betters

A Reuters report (via CNBC) from this afternoon claimed top U.S. Federal Trade Commission officials want to bring an antitrust case against Google over numerous complaints about it abusing search dominance to suppress competition in the market.

The FTC announced earlier this year that Washington lawyer Beth Wilkinson is leading its investigation, while FTC Chairman Jon Leibowitz said last month they would reach a decision by 2013. If found guilty, the FTC and Google could enter settlement talks to resolve the matter or duke it out in court.

Reuters cited “three people familiar with the matter,” and it indicated Google could soon face the gristly negotiation process:

Four of the FTC commissioners have become convinced after more than a year of investigation that Google illegally used its dominance of the search market to hurt its rivals, while one commissioner is skeptical, the sources said. All three declined to be named to protect working relationships. Two of the sources said a decision on how to proceed could come in late November or early December. A long list of companies has been complaining to the FTC, arguing that the agency should crack down on Google.

Yelp  and Nextag have both criticized Google at open hearings in Congress, according to Reuters, asserting Google unjustly gives “their web sites low quality rankings in search results to steer Internet users away from their websites and toward Google products that provide similar services.”

Google has continually rebuffed any lawlessness or partial practices, and the search engine’s vice president of engineering, Amit Singhal, even stormed to the Google Public Policy Blog earlier this summer, in an aggressive tactic not usually taken by the Mountain View, Calif.-based company, to address the antitrust accusations in a “claim vs. fact” format.

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Google could soon face big fines over iOS Safari privacy controversy in FTC investigation

Jordan Kahn

In February, the story broke that Google and other advertising companies were bypassing iOS Safari’s privacy settings and continuing to track users without their consent. Google quickly disabled its code responsible for the tracking after a story from The Wall Street Journal published, and Apple then claimed it was “working to put a stop” to the issue.

Now, a new report from Mercury News claimed the U.S. Federal Trade Commission is considering whether to fine Google over the incident. The decision is expected in the next 30 days:

The Federal Trade Commission is deep into an investigation of Google’s actions in bypassing the default privacy settings of Apple’s (AAPL) Safari browser for Google users, according to sources familiar with ongoing negotiations between the company and the government… Within the next 30 days, the FTC could order the Mountain View search giant to pay an even larger fine in the Safari case than the penalty the Federal Communications Commission hit Google with Friday, say the sources, who spoke on condition of anonymity.

The report is referring to Google being recently fined $25,000 by the FCC after it allegedly “deliberately impeded and delayed” an investigation related to Street View cars. The heart of the Safari bypassing investigation is whether the company is violating a previous privacy agreement made with the FTC following controversy over the failed “Buzz” service. The report claimed Google could face up to $16,000 per violation per day for violating the agreement. Google said to Mercury News today it would “cooperate with any officials who have questions” and explained making its +1 compatible on mobile Safari created the issue:

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Google’s ‘Showy’ turns devices into a remote control for TV and more

Jordan Kahn

When Google registered GoogleShowy.com last month, we could only speculate what the company was planning for the domain name. The good news is that a new trademark filing (via Fusible) gives us more details about the yet-to-be announced “Showy.” According to the trademark application submitted earlier this month, Showy will consist of the following:

“Downloadable software which allows users to use their computer, tablet device, or mobile phone as a remote control to operate video display devices and televisions; and downloadable software which allows users to remotely control the content on internet-connected digital signage.”

Fusible mentioned that PatentlyApple covered a Google-filed patent application in February that detailed a voice-powered Google TV remote. Unfortunately, the filing did not offer any other details. Filings with the Federal Trade Commission last month proved Google is also working on a “home-entertainment system” for wirelessly streaming music. It is possible that this could be a new remote control solution for GoogleTV, or something more. We will keep you posted when we hear more about Showy.
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