Archive for the Antitrust Category

Alex J. / J. Assange And The First Amendment (August 13, 2018)

Posted in Antitrust, Apple, Awards / Incentives, Courage, Facebook, First Amendment, Google, Monopoly, On [Traits/Characteristics], Perjury/Dishonesty, Supreme Court on August 13, 2018 by e-commentary.org

. . .

K          “I don’t think I would like him.”

J          “Me neither.”

. . .

J          “Which is, of course, the point.  Reflect on the principle not on the principal.  The Supreme Court looks at the principal not at the principle.”

K          “That is the Supreme Court for you.”

J          “For me?  Not for me.  You take ‘em.”

. . .

K          “Google, YouTube, Facebook, Apple and Spotify are imposing various levels of censorship.  Each is a monopoly in its own sphere and is, in practice and effect, a utility and a powerful government.”

J          “The First Amendment does not protect free speech directly but rather is a limitation on government interference with free speech.  Governments such as Google, YouTube, Facebook, Apple and Spotify should not be allowed to interfere with free speech.”

J          “Governments should interfere with and regulate monopolies.  However that is impossible when the monopolies are the government or at least own and operate the government.”    

. . .

K          “Free speech for Alex Jones!”

J          “Freedom for Julian Assange!”

. . .

[See the e-commentary at “Hero or Traitor? (June 10, 2013)”, “Third Annual ‘Cameo In Courage’ Award For 2018 (April 9, 2018)”, “Second Annual ‘Cameo In Courage’ Award For 2017 (March 6, 2017)”, “First Annual ‘Cameo In Courage’ Award For 2016 (May 9, 2016)”, “Award Deadlines (Livelines?) (July 25, 2016)”, “Profile In Cowardice Award (May 12, 2014)”, “Profile In Courage Award, 2015 (May 11, 2015)”, “Chelsea And Ed:  Time For ‘Con’ ‘dign’ Treatment (November 30, 2015)” and “On Courage and Truth (March 17, 2008)”.]

Bumper stickers of the week: 

Free speech for Alex Jones!

Freedom for Julian Assange!

(Unedited) petition circulating on the Internets; edit as appropriate or better yet use your own words and express your own concerns:

A Petition to the President of the United States:  Pardon Julian Assange

Whereas Journalist Julian Assange and his media organization, Wikileaks, has in the respected tradition of American journalism obtained and published information that is classified and newsworthy, a practice shared with the Washington Post, New York Times, Wall Street Journal and others and

Whereas in the eleven years of its existence the authenticity and accuracy of materials published by Wikileaks has never been questioned or disputes and

Whereas the material regarding Hillary Clinton and the Democratic National Committee published by Wikileaks served the national interest by exposing the corruption of the Clintons, the Clinton Foundation, the Clinton campaign and the Obama Justice Department and

Whereas assertion by the American Intelligence Services that Julian Assange is the agent of a “Hostile Foreign State” or the Russian government are politically suspect and completely unproven and denied by Assange and

Whereas Julian Assange has consistently denied that material obtained from the Democratic National Committee and published by Wikileaks came from the Russian State and has repeatedly offered to prove this for US authorities and

Whereas Assange, now in failing health, has been a veritable prisoner in the Ecuadorian Embassy in London for six years, with the media now reporting Ecuador is preparing to hand Assange over to British authorities who will presumably extradite Assange to the United States for trial and

Whereas Julian Assange is an impeccably-honest, incredibly-brave, humanitarian journalist, who provides an invaluable platform for whistleblowers exposing corruption and criminality infesting governments, nullifying democracy and obliterating human rights, around the world and

Whereas there are absolutely no legitimate legal grounds to prosecute Assange and, as the U.S. DOJ admitted in 2013, that doing so would expose ALL U.S. journalistic and news outlets to similar criminal jeopardy.

Therefore Urge President Donald J. Trump to issue a full and unconditional pardon to the journalist Julian Assange in the interests of both justice and mercy.

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The Medium Mandates The Message.  Analog v. Digital: Monopolization & Monetization. Oh, And Happy World Press Freedom Day! (May 7, 2018)

Posted in Antitrust, Awards / Incentives, Blog, Cyberactivities, Journalism, Monopoly, Newspapers, Press/Media, Pulitzer, Pushitzer, Technology, Truth on May 7, 2018 by e-commentary.org

. . .

K          “Analog affirms the status quo, digital negates it.  Challenges it, really, with a goodly number of exceptions.”

J          “Yet digital is moving toward and merging with the analog business model which is all about business.  Analog is already monopolized.  Digital is aggressively monetizing.”

K          “The medium mandates the message.”

. . .

K          “Some of the digital messengers are not as beholden to the powers that be as the analog members.  Digital messengers are more likely to connect two disparate and distant points, to realize that two plus zero is not three, and to accept that two or more persons can work together to reach an end, usually to the public’s detriment.”

J          “A few stray digital messengers are acting as the town criers.  The best that a commentator of conviction can hope for is to be a prophet with honor and not to be convicted for writing that challenges the established disorder.”

K          “But no one is listening.”

J          “Makes you want to cry for your town.”

. . .

K          “Six corporations monopolize the popular media.  Most of the digital sites are in the monetization phase and may be forced to modify or mute the original message to survive.”

J          “Yet you cannot thrive if you do not survive.  Decades ago, the editor noted to a friend on the first day of his summer newspaper internship that the most important mission of the newspaper is to make payroll.  No payroll, no paper.  He was not disappointed by the stark insight.”   

K          “Making payroll is painful.  One of the sites challenging inequality has something like seven levels of membership and another sells t-shirts and decoder rings.”

J          “No can thrive if no can survive.” 

. . .

K          “Digital is regressing to the mean, digital is regressing to analog.”

J          “No can thrive if no can survive.”

. . .

[With a nod to Marshall McLuhan.]

[See the e-commentary at “First Annual Pushitzer Prize In Commentary For 2016 (April 18, 2016)”, “Boycott (Advertisers On) AM (Anger Mongering) Radio (March 5, 2011)”, “World Trade Center Building 7 And The AIA (May 18, 2015)”, “A ‘Journalist’ Declares War On Journalists . . . And Journalism (November 28, 2016)”, “Dispatches From The War On Journalism: The New ‘Nixon’s Enemies List’ (December 5, 2016)”, “Blogging Bloggingly About Blogs:  A Thing In Search Of A Name (November 1, 2016)”, “Debasing The Dialogue (April 14, 2014)” and “On Courage and Truth (March 17, 2008)”.]

Bumper stickers of the week:

“Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket.”  Eric Hoffer

“Only the small secrets need to be protected.  The big ones are kept secret by public incredulity.”  Marshall McLuhan

May 3 – World Press Freedom Day

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Divas And Divos At Davos (January 29, 2018)

Posted in Antitrust, Banks and Banking System, Globalization, Kleptocracy, Rackets on January 29, 2018 by e-commentary.org

. . .

K          “I like their knife.”

J          “The common folk need a people’s Davos.”

. . .

K          “The world is not flat.  From afar, it is a mysterious big blue marble with swirling white clouds.  Up close, it is one long unlevel playing field with all the big players playing a game with the little players.”

J          “When you think about it, ‘globalization’ is an anagram derived from neo-colonialism and neo-imperialism and neo-capitalism and neo-consumerism.”

. . .

K          “When the one one-thousandths of one percent (.001 %) get together, you know they are up to no good.”

J          “They fix prices, but they do not fix problems.”

. . .

K          “They say that a conspiracy is two or more people working together for one end.”

J          “My theory is that they are conspiring to put the fix on us.”

. . .

[See the e-commentary at “Humanity’s Motto:  To Enslave And To Colonize (January 27, 2014)”, “The ‘Superfluous Consumer’ (July 27, 2015)” and “Is The American Consumer Irrelevant? (December 12, 2011)”.]

Bumper sticker of the week:

“Qu’ils mangent de la brioche”

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Restraining Google/Alphabet And Damming Amazon (July 17, 2017)

Posted in Amazon, Antitrust, Google, Monopoly, Technology on July 17, 2017 by e-commentary.org

. . .

K          “Google/Alphabet is restraining trade and needs to be restrained.  Google is the behemoth gatekeeper restricting, controlling and directing entry to the Market.”

J          “Hard to dispute the observation that there has never been a time in American history when as many industries are dominated by one company in the industry.  In most industries, the player is the industry.”

K          “The NASDAQ is a menagerie of monopolies.”

. . .

K          “Google is buying professors.  Medical professors are subject to ethical constraints.  Law professors, like the students they teach and the law they profess, are amoral and available to the highest bidder.  Google is the highest bidder.  Amazon cannot be far behind.”

J          “So there may be some competition to buy law professors.  They also buy legislators and legislatures and may get a volume discount.”

. . .

K          “The compelling need to regulate Google/Alphabet is as simple as A, B, C.”

J          “As simple as it is impossible.  The regulatory agencies are as captive as the law professors and propagandists.”

K          “America will not respond or regulate.  America is the current failing Empire of the century on the planet.  The former European Empires need to step up and do it.”

J          “The Kleptocracy in America will not stand for it.”

K          “I may need to revise the ‘Manual For A Constitutional And Sustainable Post-Empire America’ in the next few weeks.”

J          “The former Republic could use a self-help book.”

. . .

J          “Rumors suggest that Amazon may consume Whole Foods.”

. . .

K          “When only Google and Amazon are left, which one will kill and devour the other?”

J          “God-zilla will ravage and ingest King Kong.”

K          “And which one is God-zilla again?”

. . .

[See “Google Fined Record $2.7 Billion in E.U. Antitrust Ruling” in “The New York Times” by Mark Scott dated June 27, 2017 and “Is It Time to Break Up Google?” in “The New York Times” by Jonathan Taplin dated April 22, 2017.]

[The Campaign for Accountability released a report on July 11, 2017 titled Google Academics Inc. detailing Google’s extensive acquisition and appropriation of law professors and policy propagandists in America and abroad.]

[See the e-commentary at “Less Government Regulation Series:  Google (November 30, 2009)”, “The Great Google Wall (June 27, 2016)” and the e-commentary under the Category “Google” and “Amazon.”]

Bumper sticker of the week:

Do The Right Thing:  Break Up Google And Amazon

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Proposition H8 And The Enduring Appeal Of Fear And Hate (February 13, 2012)

Posted in Abortion, Antitrust, Bailout/Bribe, Banks and Banking System, Civil Rights/Civil Liberties, Congress, Constitution, Courts, Crime/Punishment, Gay Politics, Judges, Less Government Regulation Series, Miscegenation, Supreme Court on February 13, 2012 by e-commentary.org

. . .

K          “In the early 1960s, a constitutional law textbook included a lengthy chapter collecting pivotal decisions challenging Jim Crow laws.  A library in this state, a grammar school in that state, a swimming pool in this state, a drinking fountain in that state.  The campaign was undertaken one institution, one jurisdiction, one decision at a time.  There were successes; there were failures; there were more successes than failures.  The Civil Rights Act of 1964 (CRA) changed the ground rules.  These outdated cases are of interest to historians today; they are moot asides for lawyers.  The whole chapter was expunged and a new chapter unfolded to detail the legal dispute du jour.”

J          “The unfolding chapter is reading like the old one.  America is gasping its way through the same spasms regarding gay marriages and gay rights.  The long-run outcome is clear, but the path is rocky.  Gay marriages and gay rights will be the norm and the law in thirty years.”

K          “Gay rights are the civil rights issue of this generation.  Instead of passing laws to protect civil rights such as the CRA, however, Congress passes unconstitutional screeds such as the Defense of Marriage Act of 1996 (DoMA).  Perverse group, the gang that legislates congress.”

J          “In thirty years, the kids will dismiss the dispute as ‘weird’ or ‘bizarre’ or whatever the patois is at the time.  Until then, prejudice, hate and fear drives the fight.  The Ninth Circuit decision is another step in the long slog.  And now the outcome likely turns on Kennedy.  Someone observed that Kennedy observed that his gay clerks were . . . human.  He decided that they should be treated that way.”

K          “In Lawrence v. Texas.  Contrast the development of the law regarding gay rights with the development of the law involving abortion.  Last month marked thirty-nine years since the Supreme Court addressed abortion in Roe v. Wade.  Curious circumstances and decision.  The matter was decided not by the Warren Court but by the Burger Court.  Warren retired to go bass fishing or something in 1969.  The seven vote majority opinion was written by a Republican-appointed Justice (Blackmun) and was joined by three Nixon appointees (Burger, Powell, Blackmun), two Eisenhower (Stewart, Brennan), one FDR (Douglas), and one LBJ (Marshall) appointees.  Even with no Democratic-appointed justices at all, Roe would have become the law of the land solely on the votes of Republican-appointed justices.”

J          “Even with a clear precedent, challenges to abortion will still be caroming around the courts in thirty years.  Gay rights will be resolved.”

K          “We would all be better off if the government got out of the bedroom.”

. . .

[See the Ninth Circuit decision in Perry v. Brown at http://www.ca9.uscourts.gov/datastore/opinions/2012/02/07/1016696com.pdf.]

[See the “e-ssay” titled Less Government Regulation Series: Love and Marriage (May 19, 2008).]

[See the “e-ssay” titled Fire Your Attorney General (November 7, 2011) and review http://www.nakedcapitalism.com/2012/02/mortgage-settlement-as-attorney-general-sellout-deal-is-not-done-and-final-version-guaranteed-to-be-worse-than-advertised.html.  The bankers murdered the body politic (and economic) with malice aforethought and all we could offer them is an overdue book fine.]

Bumper stickers of the week:

“All that Proposition 8 accomplished was to take away from same-sex couples the right to be granted marriage licenses and thus legally to use the designation of ‘marriage,’ which symbolizes state legitimization and societal recognition of their committed relationships.  Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.  The Constitution simply does not allow for ‘laws of this sort.’”

Let freedom ring; let love rule

Good to have loved and lost; better to have loved and won

Happy Valentine’s Day

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(M)End The Fed (July 11, 2011)

Posted in Antitrust, Banks and Banking System, Bernanke, Crime/Punishment, Federal Reserve, Language, Law, Monopoly, O'Bama, Politics on July 11, 2011 by e-commentary.org

. . .

K          “The vocal critics of the Fed are missing the point.  Stated simply, every nation needs a central bank, but the Big Banks own and operate the Federal Reserve.  Stated another way, the country tolerates a misunderstood institution – the Federal Reserve – that is an unrestrained cancer and at the same time lacks an institution it desperately needs – a central bank independent of excessive political and any private interference.”

L          “A transparent central bank?”

K          “Call it whatever you want.”

L          “A responsive central bank?”

K          “Responsive to something other than Big Banks.  Bernanke* should have the intellect to understand the problem and the integrity to compel change, yet even he may take his marching orders from others.”

L          “He, Geithner and the others either assisted in creating the problem or allowed it to fester and permutate.  Now O’Bama is serving the interests of the financial industry at a time when his Department of Justice should be serving members of the financial industry with sub poenas and criminal indictments.  What incentive it there for him to reform the financial industry or the Fed.  Simply look at who he is soliciting for campaign contributions.”

K          “He was caught.  He simply could not get elected and cannot get reelected without the money.  No one is able to identify one industry in America that is not completely monopolized today.  Banks are among the biggest offenders.  Without a market, there is not a market and are not market forces.  Change likely will not come until there is a complete economic collapse.  That situation may generate enough sustained interest and desperation among those who can change affairs to reform the system.”

L          “Or the catastrophe may not leave any choice.” 

. . .

Bumper stickers of the week:

Antitrust Chief Flees; Monopolies Reign Freely

Because you don’t have to do the time, do the crime

Big sticker; small font sans serifs; big bumper:

UNITED STATES OF AMERICA

BEFORE THE

BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM

WASHINGTON, D.C.

___________________________________

Written Agreement by and between

BIG BANK,

New York, New York

And

FEDERAL RESERVE BANK OF NEW YORK,

New York, New York

___________________________________

.          WHEREAS, in recognition of their common goal to maintain the financial soundness of Big Bank (the “Big Bank”), a nationally chartered bank that is a member of the Federal Reserve System, the Big Bank and the Federal Reserve Bank of New York (the “Reserve Bank”) have mutually agreed to enter into this Written Agreement (the “Agreement”).

.          NOW, THEREFORE, the Bank and the Reserve Bank agree as follows:

  1. Within ninety (90) days of this Agreement, the board of directors of the Big Bank shall submit to the Reserve Bank a written plan to divest itself of any and all deposits and assets in excess of one hundred billion dollars ($100,000,000,000.00) . . . .

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Immanentize The Eschaton: Move To Sunny Somalia (December 20, 2010)

Posted in Antitrust, Immanentizing The Eschaton, O'Bama, Political Parties, Politics, Tea Party on December 20, 2010 by e-commentary.org

. . .

I          “You can indeed immanentize the eschaton.”

T          “The what?”

I          “Immanentize the eschaton.  Achieve utopia.  Create heaven on Earth.  Promote your own Maslowian self-realization by immanentizing the eschaton.”

T          “What?”

I          “You don’t want any government regulation, right.”

T          “None.”

I          “The market cures all, you say.”

T          “Right.  The market rules.”

I          “You vote with your dollars and decide which businesses survive and which don’t.  Unless there is only one monopoly player in each industry.  In that situation, there is absolutely and unambiguously no market solution.”

T          “Don’t tread on me.”

I          “You cannot have free markets unless you have free markets.  Every business is in business to put its competitors and the free market out of business.  Only one countervailing force is available.  That is us working through and with another institution that we love to castigate.”

T          “I want my freedom.”

I          “A beast with ‘Inc.’ as its surname is as dangerous as one with ‘Bureau’ as its first name.  Big business can take away your freedom as easily as big government.  The Constitution constrains the government and protects you.  However, the Constitution only constrains big business and only protects you if the government is there to uphold and enforce the law.”

T          “I want my country back.”

I          “Then go back.  If you are so hot to trot, why not trot on over to where it is hot.  Trot on over to your utopia, your heaven on Earth, your eschaton.  Jump a Pan Am or TWA flight to sunny Somalia.”

T          “Somalia!  The utopia cannot be in Asia.  By definition.  It has to be here.  In ‘Merica.”

I          “By definition.”

T          “We are exceptional.”

I          “We certainly are.  What about Somali exceptionalism?”

T          “They aren’t exceptional, whoever they are.”

I          “I take exception.  They may not be the exception, the way we are heading.”

. . .

Bumper stickers of the week:

I’d rather not entrust the government of the United States to the first 400 people listed in the Boston telephone directory or to the faculty of Harvard University.

Why don’t those who have already immanetized the eschaton want others to immanentize the eschaton?

My grandparents went to Somalia and all I got was this lousy t-shirt that says:  “Don’t immanentize the eschaton.”

If O’Bama gets re-elected, I’m moving to Somalia

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Drill, Baby, Spill (May 17, 2010)

Posted in Antitrust, Energy, Gas/Fossil Fuel on May 19, 2010 by e-commentary.org

. . .

“Long before the oil tanker EXXON VALDEZ ran aground in 1989 in Prince William Sound, the maritime pilots and local fishermen knew and protested that a tanker would run aground.  No doubt about it, they warned.”

“The tanker was caught between a rock and a hard piece of ice.  The rock was less forgiving; the rock did not forgive.  There were also warnings about deep drilling in the Gulf of Mexico.  The damage may be far worse than suggested.  And the by-product of the same arrogance.”

“Arrogance and avarice are the two companion killers.  Oil companies are so diabolically ironic.  Exxon once was called ESSO, the ‘Eastern Subsidiary of Standard Oil’ or the phonetic pronunciation of the letters ‘S’ and ‘O’, so that no one would forget that it had been part of the great oil monopoly Standard Oil.  Before that, the company was known as ‘Humble Oil’ to remind the public of its humble manner.”

“BP had been doing an effective job of appearing green.  Although if you think about it, it looks like the British Polluters made all the decisions to maximize the green.”

“I am also afraid that we need to continue exploring for dead compressed dinosaurs in the short term.  Drilling on American land or in American waters does make the country less vulnerable to foreign suppliers.  Drilling within an American jurisdiction is more likely to result in the oil company being compelled to internalize the ‘externalities’ which are all of the costs of production.”

“Externalities?  I’m not quite with you.”

“The company may be required to pay for anti-pollution safeguards and the actual cost of labor including safety measures and the like.  Foreign operators are even worse because they can totally disregard health and safety concerns.”

“Except when domestic operators have enough stroke to avoid paying and complying.”

“There are no guarantees.  O’Bama’s recent statements about opening coastal areas to drilling are also ironic.  He is trying to develop a realistic and balanced energy policy.  The oil industry did not do much to help the case.  And look at you.  And me.  Before this day is concluded, I will drive my car with the ‘Support the Terrorist Tax’ bumper sticker on a trip that may not be necessary.  I am voting on drilling.  If not here, then there will be drilling somewhere.”

. . .

Bumper sticker of the week:

Drill, baby, spill.

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Less Government Regulation Series: Google (Nov. 30, 2009)

Posted in Antitrust, Civil Rights/Civil Liberties, Google, Internet, Less Government Regulation Series, Privacy, Society, Technology on November 30, 2009 by e-commentary.org

“Nine years ago, you purchased the book ‘Privacy Issues Today.’  Another critically-acclaimed work purchased by others who purchased this book is available for only $29.95.  Just click below and we will bill the credit card on file.”

A courtesy or a curse?  This solicitation may not be from Google, yet the same problem with privacy is lurking.  You can drive to the store, purchase a pickle, pay with cash and leave only your image on the closed circuit cameras in the store and perhaps in the parking lot.  If you pay with a credit card and/or provide a customer identification number, there is an electronic fingerprint.  However, those records typically are static and rarely mined for information.

In response to a typical search request, you might be informed:

“Did you mean: (one of our advertisers)”  (Note:  Not all of the top responses are advertisers.)

A person today cannot not use Google.  Google cannot not make a record of the search history.  Google is collecting far more information than any public or private entity should be allowed to collect, retain, sell and inevitably manipulate.  The computer motherboard has become the new Big Brother.

Possible copyright violations by Google can be and are being challenged publicly.  By contrast, invasions of privacy are usually done privately and are far more elusive to detect and remedy.

In economics, a “natural monopoly” occurs when, because of the economies of scale of a particular industry, the maximum efficiency of production and distribution is realized through a single supplier.  In some cases inefficiency may occur.  The electric utility is a prototypical “natural monopoly.”  The usual market does not support two entities providing electricity in one market.  Thus one entity is allowed to operate a monopoly subject to government regulation.  Google has emerged as a natural monopoly.  Or perhaps a traditional monopoly.

Government regulation should be eschewed, they say.  They are correct.  Government regulation on a good day is often bad.  It is time for a serious debate on the need to regulate Google.

Before it is too late.  Although it may be too late.

Bumper sticker of the week:

In mathematical terms, a google is 100000000000000000000000000000000000000000000000000000000

0000000000000000000000000000000000000000000;

In privacy terms, a Google is 1984.

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