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Google offers to settle with EU over antitrust gripes, olive branch now fully extended
Google knows that there's a looming EU antitrust lawsuit if it doesn't volunteer some kind of change to its search practices, so it's not entirely surprising that chairman Eric Schmidt has sent a letter offering a settlement to the European Commission's competition chief Joaquin Almunia. The details of just what that potential truce entails are under wraps, although Almunia has long broadcast his concerns that Google might be unfairly favoring its own services above those of others -- he'd be most happy if the results were more organic. It's hard to say whether or not Google is prepared to follow along, but a peace gesture is a sharp break from the company's previously firm view that there's no need to change. We wouldn't be surprised if the EU's recent success in fining Microsoft has left Google hesitant to take its chances in court.
Court upholds EU antitrust decision against Microsoft, reduces fine slightly to $1.07 billion
Europe's second-highest court has finally denied Microsoft's 2008 appeal of its 899 million euro ($1.35 billion) EU antitrust fine, while reducing the award to 860 million euros ($1.07 billion). If you can't remember that far back, Redmond was hit with the penalty for delaying information about its operating system to rival companies, impeding their progress in competing with the software giant. It's not known if a further appeal is possible, but we suspect that the company won't give up if it's got any options -- it's not exactly pocket change we're talking about.
Google lobs antitrust complaint against Microsoft, Nokia in EU, claims they're playing patent footsie (updated)
The gloves just came off at Google: the company has just filed an antitrust complaint with the European Commission against Microsoft and Nokia. Its gripe accuses the two Windows Phone partners of playing dirty pool through handing 1,200 wireless-related patents to Mosaid, a Canadian firm which spends most of its time suing the industry over WiFi rather than making products. Microsoft and Nokia are allegedly hiking the prices of devices by "creating patent trolls" that bypass deals preventing them from suing directly, possibly steering a few companies towards picking Windows Phone instead of Android. Google argues that it's launching the complaint as an early defensive measure. Neither Microsoft nor Nokia has responded, although there's a degree of irony to the action: the complaints assert that Nokia is jeopardizing standards-based patents, but Google's recent acquisition Motorola has itself come under EU scrutiny for possibly abusing standards with its lawsuits against Apple and Microsoft. Either way, it's clear Google is concerned that Microsoft's Android patent licensing campaign might lose its decorum in the near future. Update: Nokia's decided to have its say, in an email to Reuters: "Though we have not yet seen the complaint, Google's suggestion that Nokia and Microsoft are colluding on intellectual property rights is wrong. Both companies have their own IPR portfolios and strategies and operate independently."
EU competition head gives Google a 'matter of weeks' to offer an antitrust fix
The European Union has been taking a leisurely pace investigating Google over possible antitrust abuses, but it's now accelerating to a full-on sprint. European Commission competition head Joaquin Almunia has given Google just a "matter of weeks" to propose how it would patch things up and soften fears that it was unfairly pushing its own web services over others. If Google makes the Commission happy, Almunia says, the whole investigation might wrap up and avoid fines. Google hasn't responded yet, but we wouldn't guarantee that it makes a deal: its execs have usually argued that there's nothing keeping users from going to another search site, and the company has been eager to emphasize that competition still exists. That said, Google only has to see what happened to Microsoft to know how expensive an EU antitrust fight can be.
Europe votes to cap data roaming prices, will make it cheaper to tweet from Ibiza
European Union countries already had a data roaming cutoff law in place to prevent bill shock after your next Balearic vacation, but the price of the data in question should get much cheaper very soon. The European Parliament has just voted 578 to 10 to cap the price customers pay at no more than 70 Euro cents (91 US cents) per megabyte starting from July 1st, with that price eventually dipping to 45 Euro cents (58c US) a year later and just 20 Euro cents (26 US cents) in 2014. Voice and text price caps are going down to as little as 19 and nine Euro cents (25 and 12 cents US) in that two-year span, and if you're visiting from outside the EU, you'll be glad to hear that the anti-bill shock rule will apply to you this year as well. So, while you still might want to avoid uploading large videos from your phone while in Spain, you'll at least have the option of checking in on Foursquare without having to take out a small mortgage.
European Commission outlines plans for Internet of Things regulation
The Internet of Things is on the rise, and when things get big, they tend to get regulated. The European Commission has spotted this trend, and has decided to get its rubber stamp ready, in a bid to protect individual rights from all the data that it collects, as well as "unleash the potential economic and societal benefits." While this may seem like bureaucratic party-pooping, the Commission points out that much of the information carried includes personal location, preferences and behavioral patterns. There will be an initial consultation to determine the required privacy and security of an IoT infrastructure which will then be fed into the Commission's recommendation -- expected to be presented in summer 2013. The good news is that there's a survey open to citizens and businesses to have their say on how on how the regulation should be administered. Check the more coverage link below to make your opinions heard.
Motorola now officially being investigated for abusing its patents in Europe
Both Apple and Microsoft have formally complained about Motorola's alleged abuse of "standards-essential" patents, and today the European Commission has been equally formal in starting an antitrust investigation into their claims. In fact, there'll be two separate investigations -- one to discover whether Motorola Mobility failed to honor its FRAND obligations when it sought injunctions against the sale of Apple and Microsoft products, and the other to assess whether Motorola has been unfair in the way it has offered to license its standard-essential patents. The authorities have given no clue as to how long this process could take, or what kind of punishments could be meted out at the end of it, but the (almost) Google-owned company is now certainly in for some tumult.
Expedia adds to Google's EU antitrust woes, decision expected after Easter
Google's position as the dominant search engine doesn't come without a price. Smaller search sites have already tapped on the EU Commission's door to register their complaints about how they are ranked, and Microsoft has also let its feelings on the matter be known. Now, we can add the Redmond spin-off, Expedia, to that list of sore losers disgruntled firms. The travel search site claims it has specific details outlining how the search giant has violated European anti-competitive laws. A Google spokesperson issued a statement saying "We haven't seen the complaint yet, but we've been working to explain how our business works, cooperating with the European Commission since this investigation began." The EU Competition Commissioner says a decision will be made after Easter, at which point Mountain View will either be charged, or the investigation will be dropped. If only that were the end of its EU troubles.
Orange says it'll bring LTE to all of its EU markets by 2015
Orange made a bold pledge to the future of Europe's "digital economy" yesterday, promising to bring 4G / LTE networks to all EU markets by the year 2015, and reaffirming its commitment to Africa and the Middle East. The France-based carrier outlined its plan during an event in Brussels, where CEO Stéphane Richard and European Commission digital chief Neelie Kroes met to discuss the Commission's "Digital Agenda for Europe." Orange laid out ten commitments in total, including a promise to make FTTH available for 15 million households and 80 percent of all businesses in France by the year 2020. It also vowed to bring 3 million NFC-enabled handsets to the EU this year, and 10 million by the year 2013. Perhaps most salient to Kroes' agenda was Orange's promise to offer customers a privacy "dashboard" by the year 2015, allowing them to more directly control their personal data. In Africa and the Middle East, meanwhile, the company is looking to roll out its 3G network by the year 2015, in the hopes of providing 80 percent of the population with mobile services. For more promises and optimism, check out the full PR after the break.
Microsoft joins Apple in FRAND patent fight with Motorola Mobility
Legal battles can sometimes make strange bedfellows. Microsoft announced today that they've filed an antitrust suit against Motorola Mobility in the European Union charging that the company (which is being purchased by Google) is abusing the standard-essential patents that it owns. Apple also filed a complaint a few days ago on the same topic -- that Motorola Mobility is attempting to illegally block sales of others company's products by leveraging patents that should be offered with Fair, Reasonable, And Non-Descriminatory (FRAND) licensing. Standard-essential patents are patents held by companies like Motorola Mobility that become part of industry standards like Wi-Fi (IEEE 802.11n, for example) and the H.264/MPEG-4 AVC standard. Since they're part of industry standards, companies are obligated to use the patented intellectual property in creating their products. If the patent owner attempts to coerce companies to either stop using technology that is part of a standard or to pay exorbitant licensing fees, lawsuits like those filed by Apple and Microsoft are the result. Dave Heiner, vice-president and deputy general counsel for Microsoft's Corporate Standards and Antitrust Group, was quoted as saying that "Motorola has broken its promise. Motorola is on a path to use standard essential patents to kill video on the Web, and Google as its new owner doesn't seem to be willing to change course." Florian Mueller, patent expert at FOSS Patents, believes that Microsoft joining Apple with a lawsuit against Motorola Mobility will improve the odds that the European Commission will investigate Motorola's alleged abuses of FRAND patents in Europe.
Microsoft files EU antitrust complaint against Motorola Mobility, claims unfair licensing practices
Early last week, the European Commission gave Google its blessing regarding the purchase of Motorola Mobility. But the honeymoon has been anything but relaxing for the search giant and its latest power-play acquisition, after Apple filed an antitrust complaint, claiming a breach of the company's FRAND obligations. Now Microsoft is waiving the antitrust flag as well, claiming that the company is reportedly abusing its standard-essential patents, impeding fair access to patents that are fundamental to regular device function -- this time dealing with video streaming and wireless connectivity. Microsoft Deputy General Counsel Dave Heiner has posted an appeal to the company's TechNet blog, outlining the issue and explaining that "Motorola is attempting to block sales of Windows PCs, our Xbox game console and other products," further claiming that "Motorola is on a path to use standard essential patents to kill video on the Web, and Google as its new owner doesn't seem to be willing to change course." The key issue at hand is patent pricing -- Microsoft claims that Motorola is demanding an impossibly high royalty of $22.50 for a $1,000 laptop, and that only covers fees for H.264 licensing. It's no secret that Motorola's patent portfolio was a key component of Google's acquisition, and so far it doesn't appear that the company is making any suggestion that Motorola ease up on licensing fees. As always, we'll be keeping an eye on the process, but hit up the source link below for the full scoop from MS.
Apple asks EU regulators to step in on Motorola patent dispute
Apple already asked the European Telecommunications Standards Institute for more transparency on FRAND licensing, and now it's seeking a full-blown intervention. Motorola Mobility claims it received a letter on Friday from the European Commission advising there has been a complaint against it from Apple. The letter also stated that Cupertino wants the Commission to enforce the firm's standards-essential patents that breach agreed FRAND commitments. This latest development comes just one day after a German court awarded Apple an injunction against Motorola's implementation of slide-to-unlock on smartphones, as well as an ongoing saga of similar disputes with the firm. It's also just days after the European Commission approved Google's acquisition of the handset maker, based on beliefs that it "does not itself raise competition issues."
European Parliament approves January 2013 deadline for 4G spectrum free up
Back in November, the European Commission, European Parliament and its member states agreed on plans to repurpose their 800MHz frequency bands for 4G mobile networks. Today, that decision has been officially approved. The Radio Spectrum Policy Programme (RSPP) has been set up to coordinate the use of this spectrum for fourth-generation services across the continent. Currently, 800MHz is used for analog television, but the new ruling gives member nations until the 1st of January 2013 to switch over to digital and authorize the band for its new role. Those nations dragging their heels can obtain an exemption, but mobile operators will be eager to see the spectrum freed up before then if possible. Swedish politician Gunnar Hökmark, who pushed for the legislation, hopes that it could lead to the EU having the fastest mobile broadband worldwide. Just don't tell AT&T.
Google gets European Commission approval for its purchase of Motorola Mobility
Google is one step closer to making it through the gauntlet of regulatory approval for its proposed acquisition of Motorola Mobility, as it now has the thumbs-up from the European Commission, according to Reuters. Commissioner Joaquin Almunia stated that the transaction was approved because it "does not itself raise competition issues." That's not to say the EU won't be watching Mountain View like a hawk to ensure it doesn't go overboard on patent disputes, however, as each legal matter will be reviewed separately for compliance with antitrust laws. And while this is an incredibly important step for Google, the software giant's not through with the regulatory process -- it still needs to be signed off by the US Justice Department (expected later this week), as well as governing bodies in China, Israel and Taiwan.
European Commission unveils new online privacy rules, aims to protect consumer data
As SOPA's aftershocks continue to ripple across the US, a slightly different brand of techno-political drama is unfolding over in Europe, where the European Commission today announced a new set of online privacy regulations. The new legislation, unveiled this morning, was crafted with the intent of giving consumers more control over their online data, and places more pressure upon private companies to protect user information. According to Reuters, offending firms could be fined at rates of up to two percent of their yearly turnover. The laws, designed to overhaul the 1995 Data Protection Directive, will also make it easier for users to access their data, giving them the power to demand that their personal information be deleted, as long as there are no "legitimate reasons" for a company to store it. Companies, meanwhile, will be required to inform authorities of a data breach as soon as possible, "if feasible, within 24 hours." Though the rules have raised some concerns among web companies, EC privacy commissioner Viviane Reding wasted no time in heralding them as the foundation of a safer and more prosperous digital environment. "The protection of personal data is a fundamental right for all Europeans, but citizens do not always feel in full control of their personal data," Reding explained. "A strong, clear and uniform legal framework at EU level will help to unleash the potential of the digital single market and foster economic growth, innovation and job creation." If approved by the European Parliament and all EU member states, the laws would probably go into effect toward the end of 2013.
E-book publishers are now being investigated in the US, not just Europe
Just two days after the European Commission announced that it was investigating Apple and major international publishers for possible e-book price fixing, the US Justice Department has made it clear that it's also launching a probe into the possibility of "anticompetitive practices involving e-book sales." Although Justice Department officials didn't name which companies they're looking into, it's very likely that they're focusing on the same agreements between publishers and the major e-book platform owners -- either Apple or Amazon or both.
Daily Update for December 6, 2011
It's the TUAW Daily Update, your source for Apple news in a convenient audio format. You'll get all the top Apple stories of the day in three to five minutes for a quick review of what's happening in the Apple world. You can listen to today's Apple stories by clicking the inline player (requires Flash) or the non-Flash link below. To subscribe to the podcast for daily listening through iTunes, click here. No Flash? Click here to listen.
Apple and major publishers investigated for e-book price fixing in Europe
The European Commission has opened a formal antitrust investigation into some of the world's largest publishers following a series of unannounced inspections back in March. Hachette Libre, Harper Collins, Simon & Schuster, Penguin and the German owner of Macmillan are all suspected of "anti-competitive practices" in the way they've sold e-books in Europe, "possibly with the help of Apple." Read on for the full press release.
EU antitrust body to investigate Samsung's use of patents against Apple
Apple has been waging a legal battle with Samsung over the look and feel of its Galaxy line of smartphones and tablets. In response, Samsung filed a series of its own patent infringement lawsuits against Apple that involve 3G technology. These countersuits may have landed Samsung in hot water with the European Union as some of these patents may be subject to FRAND (fair, reasonable and non-discriminatory) licensing terms. FRAND extends to patents that cover industry standards like 3G technology. Any company that's involved in the development of a standard must license patents essential to the technology at a reasonable rate and with reasonable terms and conditions. These patents are not supposed to be used as weapons in a legal battle. The European Commission has opened a preliminary investigation and is examining whether Samsung's lawsuits against Apple have abused FRAND standards. This investigation was first mentioned publicly in a recent court filing by Apple in California and later confirmed by Samsung in a statement released to Computerworld. Samsung has at all times remained committed to fair, reasonable and non-discriminatory licensing terms for our wireless standards-related patents. We have received a request for information from the Commission and are cooperating fully. Note that this is a preliminary investigation and the European Commission has not yet determined whether to conduct a full investigation. The European Commission will now gather information from all parties involved and will determine whether there's enough evidence for a full investigation. If the EC continues, Samsung could be forced to withdraw its lawsuits against Apple. It could also face a possible fine.
EU wants member countries to free up spectrum for 4G rollout, eyes 2013 deadline
This one's been in the works for a little while now, but the EU has just taken another step toward making 4G coverage a continental reality. Last week, the European Commission, European Parliament and member states of the European Council reached what they're calling an "informal compromise" on a new radio spectrum policy. Under the proposed agreement, member countries would have to free up (read: "auction off") their 800MHz frequency bands for broadband service by January 1, 2013, as part of Parliament's plan to accelerate broadband rollout by using spectrum once devoted to analog TV frequencies. The idea is to allocate 1200MHz to mobile traffic sometime after the year 2013, but before the end of 2015. Government authorities would retain the right to allocate their country's radio frequencies as they see fit, though distribution across ISPs and users falls under the EU's aegis -- which is where the proposed Radio Spectrum Policy Programme comes in. A draft of the deal has already received approval, though a final version must still be ratified by the European Parliament's Industry, Research and Energy Committee on November 10th, before making its way to Parliament for a full vote.
