[HN Gopher] Calling for Antitrust Reform
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Calling for Antitrust Reform
 
Author : cpeterso
Score  : 70 points
Date   : 2022-06-16 20:14 UTC (2 hours ago)
 
web link (blog.mozilla.org)
w3m dump (blog.mozilla.org)
 
| roenxi wrote:
| > (2) BUSINESS USER.--The term "business user"--         > [skip
| a little]         (B) does not include a person that--         >
| [skip a little]         > (ii) is controlled by the Government of
| the People's Republic of China or the government of another
| foreign adversary.
| 
| Might want to read not only the article but the actual
| legislation. This is an interesting snippet that says interesting
| things about how Congress is looking at the broader business
| situation. Someone believes that the PRC/CCP needs to be
| explicitly addressed.
 
| throwaway0x7E6 wrote:
| Mozilla was in "corporations should be able to do whatever they
| want" camp when something else was in question.
| 
| reap what you sow
 
| 0des wrote:
| the irony of this being on mozilla.org while ostensibly using
| google's money to post it.
 
| throwaway_1928 wrote:
| John Oliver also covered tech monopolies recently.
| 
| Tech Monopolies: Last Week Tonight with John Oliver (HBO)
| https://www.youtube.com/watch?v=jXf04bhcjbg
 
  | leotravis10 wrote:
  | Here's Mike Masnick's response over on Techdirt on that. A big
  | swing and a miss which is rare on Oliver's part:
  | https://www.techdirt.com/2022/06/14/john-olivers-big-whiff-j...
 
| phillipcarter wrote:
 
  | warkdarrior wrote:
  | I gotta hear this. How does Bitcoin solve the Big Tech issue,
  | especially the self-preferencing part?
 
| RcouF1uZ4gsC wrote:
| > We are further challenged by app store rules designed to keep
| out Gecko, our independent browser engine that powers Firefox,
| Tor and other browsers.
| 
| Ironically, getting rid of Apple's browser restrictions will
| likely result in website developers writing their sites just for
| Chrome.
| 
| With Chrome now available on every platform, it will be cheaper
| and easier to only support that one browser.
 
| Animats wrote:
| That's not "antitrust reform". It's so narrowly drawn that it
| affects only maybe Facebook, Google, and Twitter. Read the
| definition of "covered platform".
| 
| Arguably it's a bill of attainder.
 
  | pessimizer wrote:
  | Any antitrust legislation will be targeted at trusts.
 
  | arrosenberg wrote:
  | Not arguable. Bills of Attainder refer to criminal laws and are
  | specifically to stop government abuses of personal liberty.
  | Corporations don't have a guaranteed right to consistent laws,
  | otherwise they wouldn't spend so much on lobbying. The knife
  | cuts both ways.
 
    | Animats wrote:
    | Huawei has argued that sanctions against their company
    | constitute a bill of attainder.[1] The provision that an
    | executive can have 100% of their income from the company
    | seized, though, is arguably a criminal provision. But looking
    | at the history of bill of attainder cases, this probably
    | won't be considered one.
    | 
    | [1] https://sgp.fas.org/crs/misc/LSB10274.pdf
 
| superb-owl wrote:
| The vertical monopolies enjoyed by tech behemoths are absurd.
| Ever since the Internet Explorer antitrust case [1] it should be
| clear that things like Apple disallowing other browsers in iOS or
| Google promoting its own sites in search results are illegal and
| anticompetitive.
| 
| [1]
| https://en.wikipedia.org/wiki/United_States_v._Microsoft_Cor....
 
  | huitzitziltzin wrote:
  | I teach antitrust to grads and undergrads.
  | 
  | It doesn't do anyone any good to call any of these firms
  | "monopolies." It's not accurate, not for any of them.
  | 
  | Nor was monopoly the issue in the Microsoft case (that was
  | about bundling).
  | 
  | There may be reasons to look at antitrust law and to change it
  | with some of these firms and their behaviors in mind but
  | "vertical monopoly" isn't an accurate characterization of any
  | of them.
 
    | geysersam wrote:
    | Maybe the words as used in court don't reflect the generally
    | understood meaning well.
    | 
    | Controlling and overcharging use of (one of the few) roads to
    | the market, even in the case there are other roads farther
    | away, and you can build your own road at an incredibly
    | unfeasible cost, is what most people understand as a monopoly
    | situation.
    | 
    | Arguably this is what Apple and Google are doing when they
    | charge exorbitant fees from developers targeting their
    | platform.
 
    | christkv wrote:
    | So is bundling a more productive attack vector?
 
    | paulryanrogers wrote:
    | What do you prefer? Vertically bundling monopsonies?
 
    | roenxi wrote:
    | It is worth expanding a bit on _why_ it is inaccurate to call
    | them monopolies. A lot of people aren 't sure what the word
    | means.
    | 
    | I'm suspect there is a substantial cohort that thinks making
    | a much better product makes a company a monopoly.
 
    | Hellbanevil wrote:
    | When a company can loose money on a competiting company just
    | to drive the competing company out of business; I call that a
    | monopoly.
    | 
    | No not monopolies like we had like the Bell telephone, but we
    | have 2-3 huge companies that collude and stifle competition.
    | 
    | Proving collusion is hard these days though. Too many fresh
    | faced MBA's who are atheists.
    | 
    | (I'm a Watch Repairer. I can't buy parts from The Swatch
    | Group, or Reichmont. Why do we even have The Sherman Anti-
    | trust Act if it's never used? I'm not saying dissolve these
    | obvious conglomerations, but let's not encourage them. Why
    | was ATT and T-Mobile allowed to combine. To tired to go on,
    | but tired of ogliopolyssssss.
 
      | username190 wrote:
      | > Why was ATT and T-Mobile allowed to combine.
      | 
      | AT&T and T-Mobile did not combine, that purchase was (one
      | of the few mergers) blocked by the DOJ under the Obama
      | administration.
      | 
      | T-Mobile did later (2020) buy Sprint, but it was in a far
      | worse position economically than T-Mobile was in 2011 at
      | the time of the attempted AT&T purchase.
 
      | threeseed wrote:
      | > When a company can loose money on a competiting company
      | just to drive the competing company out of business; I call
      | that a monopoly.
      | 
      | You can't just redefine what words mean if you want to be
      | taken seriously.
      | 
      | Especially when what you described is a legitimate and very
      | common business tactic [1]
      | 
      | [1] https://www.investopedia.com/terms/l/lossleader.asp
 
        | tomtheelder wrote:
        | When it's done to force competitors out of a market it's
        | called predatory pricing [1], and it is not a legitimate
        | business tactic. It is illegal in many jurisdictions, and
        | generally considered unethical even where it's not
        | specifically outlawed. It is also considered a strategy
        | to achieve a monopoly or near-monopoly pricing.
        | 
        | [1] https://en.wikipedia.org/wiki/Predatory_pricing
 
      | nine_k wrote:
      | > _When a company can loose money on a competiting company
      | just to drive the competing company out of business; I call
      | that a monopoly._
      | 
      | But this may happen even on a highly competitive market, if
      | one company is a large established one (say, controlling
      | 10% of the market), and the other is a small startup. Just
      | make the key differentiating feature which the new
      | competitor is bringing free in your established product for
      | some time. Implement it first, if needed.
 
    | nonrandomstring wrote:
    | I agree. I dislike calling them "monopolies". If we use
    | inappropriate language it's easier for opponents to undermine
    | fair arguments.
    | 
    | But how do we deal with this much _power_ ?
    | 
    | The bill "will facilitate innovation and consumer choice by
    | ensuring that big tech companies cannot give preference to
    | their own products and services over the rich diversity of
    | competitive options offered..."
    | 
    | Sure that's one way of seeing a small part of the problem.
    | But it misses so much.
    | 
    | A fair digital market is one thing. A viable technological
    | society that isn't a cloaked form of fascism is another. More
    | than "consumer choice", it's about the _RIGHT_ to have choice
    | - subtle difference but bear with me please.
    | 
    | If I exercise my moral prerogative to say "I will not use any
    | Microsoft products because I believe they are a morally
    | repugnant company" I may currently lose a job. Not because
    | Microsoft are a "monopoly" but because my employer limits my
    | choice. Or I may not get medical treatment because my local
    | healthcare provider only gives access through a Microsoft
    | portal. The problem subsists outside the scope of Microsoft
    | (or Google or whomever) qua monopoly.
    | 
    | Where I think the European Digital Markets Act gets thing a
    | bit more right is it's crafted within the European
    | Interoperability Framework (an older and maybe more ambitious
    | project).
    | 
    | The object isn't to weaken concentrated dominance or self-
    | preference, but to guarantee the user has a choice including
    | the choice NOT TO USE a technology in the case there seems to
    | be "only one choice". An employer, health provider, payments
    | processor or local government would _have to_ provide
    | alternatives or opt-outs without prejudice. That would allow
    | genuine alternative service providers (not necessarily
    | commercial) a foot in the door. It 's a different approach
    | that starts bottom-up instead of top-down.
 
    | enragedcacti wrote:
    | > At trial, the district court ruled that Microsoft's actions
    | constituted unlawful monopolization under Section 2 of the
    | Sherman Antitrust Act of 1890, and the U.S. Court of Appeals
    | for the D.C. Circuit affirmed most of the district court's
    | judgments.
    | 
    | > I teach antitrust to grads and undergrads.
    | 
    | Consider updating the curriculum? My understanding is that
    | the bundling was actionable _because_ they were considered a
    | monopoly.
 
  | threeseed wrote:
  | Apple allows other browsers. They don't allow other browser
  | engines.
  | 
  | And I actually don't see how cementing the Chrome engine's
  | dominance on iOS as well as other platforms is good for the
  | web. Because inevitably that is what will happen as just like
  | in the IE days, websites will only work on that browser as it
  | offers the most proprietary features. And why would you develop
  | for multiple browsers when Chrome is available on all platforms
  | and has such dominant market share.
  | 
  | People really need to be more careful with this because it
  | could make the web less private, less secure, less driven by a
  | spec and more beholden to Google's interests at the time.
 
    | abirch wrote:
    | I thought you could change your search engine. I just did it
    | on my iPad: Setting > Safari > Search Engine
    | 
    | https://9to5mac.com/2021/02/09/duckduckgo/
 
      | coder543 wrote:
      | The comment you replied to did not mention search engines
      | at all. Yes, you can change your default search engine.
 
        | abirch wrote:
        | You're right. I misread browser engine as search engine.
 
    | tehlike wrote:
    | Safari on mobile has lagged behind standards for a long time,
    | because doing so wouldn't strengthen their app business.
    | 
    | E.g. webrtc. Safari still lags behind many things.
    | 
    | When you call people to be careful, you are missing the
    | conflict apple has internally. Between the two, i choose
    | chrome any day of the week because that's what allowed web to
    | progress this fast
 
      | gbear605 wrote:
      | The web has been progressing too fast, and most of the
      | things that Safari has held back on are features that
      | developers want but users don't, like push notifications.
 
      | xh-dude wrote:
      | Maybe there's a counterfactual timeline where Apple didn't
      | nuke Flash on phones, hmm... interesting to think about. I
      | think I'm happier with apps rather than apps-in-the-browser
      | in the end, and this might be a similar contrast - it's
      | technically interesting to have browsers do more or do
      | everything but I'm not convinced it's the best for users
      | living in software ecosystems.
 
| joecool1029 wrote:
| >A fair playing field is vital to ensure that Mozilla and other
| independent companies can continue to act as a counterweight to
| big tech
| 
| You literally exist on Google revenue provided in order to
| prevent antitrust litigation, hardly independent.
 
  | [deleted]
 
  | goodpoint wrote:
  | And how is this invalidating the open letter?
  | 
  | Does such message stop being true depending on who said it?
 
  | j-bos wrote:
  | If anything that lends weight to the message. Like an ant
  | calling out the elephant.
 
    | joecool1029 wrote:
    | You can rationalize it that way, I get it. However, last I
    | checked Mozilla has a lawyer as their CEO. Why do you think
    | they haven't tested this idea in court if the message is so
    | good?
 
      | price wrote:
      | The blog post you are writing comments about is literally
      | about working to get the law changed.
      | 
      | Courts apply the existing law. The existing law puts very
      | few constraints on big companies using their power. That is
      | exactly why Mozilla is urging Congress to change the law.
 
  | echelon wrote:
  | > You literally exist on Google revenue provided in order to
  | prevent antitrust litigation, hardly independent.
  | 
  | Google used venture dollars to grow to a scale that they could
  | fund the biggest browser team in the world, show download links
  | on the web portal every single person on the planet uses, and
  | pay OEMs to pre-install it. They then bought in early into
  | smartphones and distribute devices with their browser and
  | Google defaults.
  | 
  | They use their browser to show preference to other Google
  | products, and they cripple ad blocking tech to make more
  | revenue.
  | 
  | Firefox had a healthy percent of browser market share before
  | Google showed up. This is like private equity buying the land
  | your business sits on and giving you a pat on the back for job
  | well done.
  | 
  | I am far from anti-capitalist, but you have to realize these
  | monopolistic moves are harming competition and making the tech
  | landscape harder for everyone else to compete.
 
  | cma wrote:
  | Doesn't Google outbid Bing for the role? Would it be
  | existential for moz if they had to take Bing's smaller bid?
 
  | 2OEH8eoCRo0 wrote:
  | Why do people act like that's some kind of "gotcha"? To me that
  | fact gives it more weight, not less.
 
    | threeseed wrote:
    | Because Google has been the weakest when it comes to privacy
    | measures.
    | 
    | And so when you're giving them money, data, traffic and users
    | you're increasing their ability to set the privacy agenda and
    | promoting a single search engine, single browser view of the
    | world.
    | 
    | It's hypocritical and short-sighted.
 
    | joecool1029 wrote:
    | At the end of the day their very existence has enabled Google
    | to argue 'We're not an abusive monopoly. See? We fund this
    | very outspoken open web technology company'.
    | 
    | I'm pointing out the hypocrisy of claiming independence when
    | they are fully dependent on tech giants. The end result is a
    | delay in the courts using already existing antitrust law to
    | address the problem.
 
      | paulryanrogers wrote:
      | Mozilla may be getting played. Yet they don't only take
      | money from Google for defaults. And at times they've used
      | other defaults in the US too, like Yahoo.
      | 
      | There is still value there, and the good need not be enemy
      | of the perfect.
 
| [deleted]
 
| nine_k wrote:
| Why can't Mozilla offer a a way to make a recurring donation,
| Patreon-style, or Github-style?
| 
| It should be locked to specific projects though: Firefox,
| Thunderbird, MDN, experimental projects, etc.
| 
| Of course introduce gold / platinum / titanium / etc tiers for
| corporate donations, along with donations from private persons.
| 
| They are already a non-profit, making this tax-deductible would
| be a piece of cake.
 
  | ocdtrekkie wrote:
  | They actually did for MDN, it's called MDN Plus:
  | https://developer.mozilla.org/en-US/plus
 
| 2OEH8eoCRo0 wrote:
| https://www.congress.gov/bill/117th-congress/senate-bill/299...
| 
| 6 Republican and 6 Democrat cosponsors. I like when they work
| together :]
 
  | Mountain_Skies wrote:
  | My experience has been when they work together, it's because
  | it's good for them and bad for us.
 
  | wudangmonk wrote:
  | I only skimmed the bill but wheneven I see both parties working
  | together I know I need to be extra careful and look for hidden
  | dangers because I am cynical like that.
 
    | mc32 wrote:
    | Isn't it even worse when only one party sponsors or works on
    | something? It could signal that they are completely willing
    | to ignore the sentiments of the other half the congress
    | represents.
 
| leotravis10 wrote:
| This Techdirt piece describes that lawmakers fixed none of the
| problems and actually exempts a lot of actual monopolies such as
| telecom (Example: AT&T and Verizon) and retail (Example: Walmart
| and Target): https://www.techdirt.com/2022/05/27/senator-
| klobuchar-fixed-...
 
  | ocdtrekkie wrote:
  | Techdirt/Copia Institute is a lobbyist which is sponsored by
  | Google. Mike Masnick reads like a Google public policy
  | playbook, because that's what he's copying from.
 
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