eBay denied stay in LVMH case

The French Court of Appeals today denied eBay’s petition to stay an injunction issued June 30 by a Parisian court that requires eBay to halt all sales of four LVMH perfumes over any site worldwide that is accessible from France, according to an eBay spokesperson.

An eBay spokesman says the company “will comply as technically and humanly possible” with the injunction while it continues to pursue its appeal of the ruling.

In a statement, LVMH says that today’s denial of the stay “confirms the seriousness of the faults committed by eBay’s sites . . . and confirms the significance of the legal precedent set by the Paris Commercial Court’s Judgment on June 30, 2008.”

The change in the link policy has been put on hold. And neutral feedback won’t be counted as negative feedback. That’s quite a change in tune. Then again, $63 Million ain’t chickenfeed either. It ought to be enough to alter your tone, at least temporarily.

One might also suppose that this constitutes a series of losses which might also adjust the “volume” …

Post from: EveryJoe

eBay Not Sounding Quite As Contentious For The Moment

Net Neutrality Debate Is Secretly All About Internet Television Net Pioneers Say
By MacRonin
David Clark, a senior MIT computer scientist who spent eight years as the internet’s chief protocol architect, argued that the focus on neutrality is misplaced, because the net hasn’t ever been pristine. The current debate, he says, is really a reaction to a coming tectonic collision between the cable industry’s traditional business model, and the movement of television onto the internet.

Sandvine calls net neutrality “laughable,” defends filtering
Ars Technica – Boston,MA,USA
As Sandvine puts in it a white paper on net neutrality (”A Broadband Wild West?”), “This over-subscription model is observed regularly in our modern life.

Supreme Court to Review Net Neutrality
All About Jazz – Philadelphia,PA,USA
The 9th U.S. Circuit Court of Appeals in San Francisco ruled against AT&T, saying the telecom company was setting its wholesale prices so high that the Internet service provider could not compete with the low prices AT&T charged in the retail market.

What a Non-Neutral Internet Looks Like — Let’s Go to the Video
Public Knowledge Tech News and Comment – Washington,D.C.,USA
By Art Brodsky on June 24, 2008 – 11:42am
Thanks to AT&T and Comcast, however, we now can see what an Internet without Net Neutrality will look like, and it’s not pretty. Right up front, we should thank our friends who labor in the neighboring vineyards of what’s called “public access” cable TV, the part of cable reserved for public, educational and governmental programming.

Group Pushes for High-Speed Internet Access for All
Redmondmag.com – CA,USA
Federal Communications Commissioner Jonathan Adelstein was among the scheduled speakers in New York at the Personal Democracy Forum to announce the creation of InternetforEveryone.org. Other participants in the news conference included Google chief technology evangelist and Internet patriarch Vinton Cerf, in addition to law professors and entrepreneurs.

Charter: NebuAd Deal Raises Concerns
MediaPost Publications – New York,USA
Digital rights groups and net neutrality advocates condemned the plan, which they viewed as more invasive than other types of online ad targeting, …

Should The US Nationalize The Internet?
InformationWeek – Manhasset,NY,USA
Greedy businesses threaten innovation by trying to put an end to net neutrality, media companies want to control every Internet-connected device in an effort to lock down distribution channels, and spammers and other fraudsters have pretty much taken over e-mail. Now, TechCrunch is reporting that Vint Cerf, the so-called “father of the Internet,” says maybe we should think of the Internet as being like the highway system — a public good that should be nationalized.

Encrypted Traffic No Longer Safe From Throttling
By CmdrTaco(help@slashdot.org)
“New research could allow ISPs to selectively block or slow down your encrypted traffic even if they cannot snoop on your transmitted data. Italian researchers have found a way to categorize the type of traffic that is hidden inside an encrypted SSH session to around 90% accuracy. They are achieving this by analyzing packet sizes and inter-packet intervals instead of looking at the content itself. Challenges remain for ISPs to implement this technology, but it’s clear that encrypting your traffic inside an SSH session or VPN connection is not a solution to protect net neutrality.”

Google’s Fight to Socialize Broadband
By podcasts@redstate.com (Redstate Network)
Through a host of third party organizations, Google is at the center of a spider web of entangled left wing interests hiding behind feel good notions like “net neutrality” that have evolved from keeping internet service providers from charging you extra for using iTunes instead of Rhapsody, into socialized broadband.

Post from: EveryJoe

Net Neutrality Links 07-06-2008

eBay Cancels Plans to Go PayPal-Only in Australia

“eBay has cancelled plans to go to a PayPal-only marketplace in Australia. It had intended to limit buyers and sellers to using its own payment service exclusively, but withdrew its notification to government regulators after the agency indicated its intention to prohibit eBay from doing so.”

In a refreshing comment by one of Auctionbytes readers;

“How refreshing it is to actually see a government in action whose primary interest is protecting its constituents rather than acting as a rubber stamp for the interests of big business.”

Post from: EveryJoe

There Will Be No eBay PayPal Only Requirement For Sellers In Australia

Referencing the current results (subject to change) of the attempt to impose a PayPal only payment process on eBay Australia which eBay has been told by the Australian government it could not implement and the latest $63 Million fine by a French court for not properly policing the eBay site for counterfeits Dee reminded us;

eBay: In France – “today’s ruling is about an attempt by LVMH to protect uncompetitive commercial practices at the expense of consumer choice and the livelihood of law-abiding sellers that eBay empowers everyday.”

The ACCC in Australia to eBay: ‘‘consumers are in the best position to determine which service offers the best features… consumers are in the best position to decide which payment method is most suitable for them.”

eBay in France: “We believe that the overreach manifests itself through an attempt to impose, in France, a business model that restricts consumer choice through an anti-competitive business practice.”

Dee says: “Replace ‘in France’ with ‘in Australia’ and you’ve discovered eBay hypocrisy at its ugliest.”

Sorry folks, you still can’t have your cake and eat it too…

Post from: EveryJoe

Australian Cake Eaten In France – eBay Wants It Both Ways

Doreen Carvahal wrote in The NY Times recently;

Small Publishers Feel Power of Amazon’s ‘Buy’ Button

In the latest in a series of disputes over the division of revenue from online sales, Amazon has disabled the “buy now with 1 click” icon on its British Web site for hundreds of books published by the British unit of Hachette Livre, from back-list Stephen King novels to, naturally, “The Hachette Guide to French Wine.”

The button allows registered users to purchase titles instantly, with free shipping. Customers can still buy the affected books, but they have to navigate to an open marketplace that links them to third-party sellers of new or used books. And they have to pay for shipping.

The struggle comes at a time that Amazon’s power as a bookseller is increasing, with sales growing online in an otherwise tepid global book market. Some publishers fear that with the introduction of Amazon’s Kindle electronic reader, the company will rise into a position to be able to demand more concessions.

“The buy button is their weapon of choice and that’s how they impose market discipline,” said Paul Aiken, executive director of the Authors Guild, an American trade group that also briefly lost the buy icon, for titles sold from BackinPrint.com, a print-on-demand service for infrequently purchased works. “This is such a clear indication that once they have the clout they are willing to use it to the full extent that they can. It’s ugly with Amazon and will probably get uglier.”

Amazon is saying little about its tactics. But bloggers have been organizing letter-writing campaigns and petition drives accusing Amazon, which bills itself as “Earth’s most customer-centric company,” of transforming itself into the bully of the publishing industry.

Mick Rooney says;

The dispute seems to particularly focus on Amazon’s aggressive low pricing on lead titles which is having an effect on ordinary high street bookstores.

Amazon UK have not responded publicly about the dispute but their continued heavy handed practice of dealing with publishers continues in light of the recent moves against some print-on-demand publishers.

At bNet we find;

According to reports, Amazon.co.uk has removed some titles published by Hachette from sale on its website. The bookseller is thought to be seeking to put pressure on Hachette to give it a greater percentage of profit from the sale of its titles.

Hachette’s group chief executive in the UK, Tim Hely Hutchinson, has written to the company’s authors to say that the company does not intend to meet Amazon’s demands.

Could this

Numilog, a major e-book distributor and retailer in France, will be acquired by Hachette Livre, a subsidiary of the Lagardere Group, if a proposed deal goes through.

So reports Le Figaro, a major French newspaper.

What’s more, Hachette, the country’s largest publisher, is prepared to offer books in the right format for the Sony Reader in France, although it will not be the company introducing the machine there this year (correction, May 21: thanks to Hadrien Gardeur at Feedbooks for pointing out the difference).

have been the motivation for Amazon?

Post from: EveryJoe

Was Kindle Designed To Aid Amazon’s Market Discipline?

The restricted press event conducted by Rogers yesterday appears to be in response to an increasingly vocal uproar by internet users, 3rd party internet service providers and advocacy groups to outlaw the practice of traffic shaping and deep packet inspection.

Google preps net neut dowser
Register – London, England, UK
In an effort to identify traffic discrimination by American ISPs, Google is prepping a suite of network analysis tools for everyday broadband users.

“We’re trying to develop tools, software tools…that allow people to detect what’s happening with their broadband connections, so they can let [ISPs] know that they’re not happy with what they’re getting – that they think certain services are being tampered with,” Google senior policy director Richard Whitt said this morning during a panel discussion at Santa Clara University, an hour south of San Francisco.

If the country doesn’t have neutral networks, Whitt contends, innovation stagnates among application developers. And he believes that individual consumers – as well as Washington policy makers – should join the fight for such neutrality.

Net Neutrality and How the ISP’s May Destroy the Internet
By Larry
Here’s a bit of info that alarms the heck out of me. Apparently, the major Internet services providers around the globe are planning on charging consumers extra for visiting websites outside their ’subscription Internet area.’

Innovation 08 panel on Net Neutrality at Santa Clara University
By george_ou@lanarchitect.net
Ou is adamant that – whether it (Net Neutrality rules) forbids ISPs from prioritizing apps and services or it forbids them from selling prioritization – neutrality regulation would actually prevent things like video and voice from flourishing on our worldwide IP network.

The Hundt-Powell Debate
Broadcasting & Cable – New York, NY, USA
Network neutrality: Obama is for regulation that would assure network neutrality. Hundt said, “Net neutrality is basically the broadband, future-oriented version of common-carrier [regulations], which worked in this country to provide an absolute rule against discrimination for decades and decades. And only those who are not willing to embrace the future are reluctant to take that same principle and apply it to broadband. Net neutrality is a principle of free speech, free choice and sound economics.”

Post from: EveryJoe

Net Neutrality Links 06-22-2008

Developments In eBay Plan To Go PayPal Only

“The Australian IT website reported that eBay Australia sent a “strongly worded” letter this week to users warning that failure to comply with the new policy would result in an immediate removal of product listings and repeatedly emphasizing the deadline.”

After they told everyone that the date for implementation of the new policy would be pushed back to July. So, eBay feels powerful enough to countermand the Australian government though they had said they would work with the ACCC to come to an amicable solution.

Solution be damned – full speed ahead – we care not about your ACCC – height of obnoxiousness.

Post from: EveryJoe

Approaching The Height Of Arrogance!

“During a question-and-answer session at an event hosted in San Francisco by Syracuse University’s Newhouse School of Public Communications, Schmidt reiterated his belief that advertising on mobile devices eventually will emerge as Google’s biggest source of profits. The company hopes to be in a better position to deliver ads to people on the go during the second half of this year when it’s scheduled to unveil its new mobile software package, ‘‘Android.”

Google’s plans to make Android available to wide variety of mobile handsets have caused conflicts for Schmidt in his role as a director of Apple Inc., which makes the popular iPhone. Schmidt said he has had to excuse himself from ”one or two” Apple board meetings involving the iPhone, which he said currently accounts for a ”vast majority” of mobile traffic on Google’s search engine.”

Read more about Android here…

Post from: EveryJoe

Advertising On Mobile Devices

The Angus Net Neutrality Bill
By Michael Geist
NDP MP Charlie Angus introduced his private member’s net neutrality bill in the House of Commons this afternoon. The short bill seeks to add transparency, neutral network management, and open devices to the Canadian telecom law …

Jon comments at Michael Geist’s : “I’m not opposed to paying by the MB since that would force transparency upon the ISPs with regard to their pricing practices. I am opposed to data caps and steep penalties for exceeding them because these will probably interfere with and possibly even stymie creative use of the internet.”

Canadian punk rocker-turned-MP submits net neutrality bill
Ars Technica – Boston,MA,USA
Much as the US debate over the net neutrality issue spawned SavetheInternet.com, Canada’s fight this week produced SaveOurNet.ca, a group designed to channel …

T-Mobile spent $700000 lobbying in first quarter
Forbes – NY,USA
The company, the nation’s fourth largest cellular carrier, also lobbied lawmakers on the issue of “Net neutrality,” or the principle that all Web traffic be …

Class Action Suit Against Bell For Throttling
Slashdot – USA
doppiodave writes “Hard on the heels of the Net Neutrality bill introduced in Canada’s Parliament, a class action suit was filed yesterday against Bell by …

Marshall McLuhan On Net Neutrality
By Robbo
In his 1964 book Understanding Media: The Extensions Of Man, famed media scholar Marshall McLuhan wrote these words: Once we have surrendered our senses and nervous systems to the private manipulation of those who would try to benefit from taking a lease on our eyes and ears and nerves, we don’t really have any rights left. …

Post’s ‘Web Cops’ Are Off The Beat on Net Neutrality
By Art Brodsky
The Washington Post has again taken the low road on keeping a free and open Internet. In its latest editorial, the newspaper of record in the Nation’s Capital again declined to view the reality of a duopoly broadband market and a lack …

Comcast Beginning ‘Net Neutrality’ Testing
Wired News – USA
Comcast will begin testing what the cable concern has described as a “protocol agnostic” approach to managing bandwidth traffic during high-peak periods, Comcast said Tuesday. …

Post from: EveryJoe

Net Neutrality Links 06-09-2008

Another h/t to Ina at Auctionbytes for this news;

eBay Feedback Extortion Alerting Service

Which introduces AfterTheGavel.com. Dr. Ben Bishop, the founder, describes his site as

“A way for sellers to leave feedback about buyers to prevent problems. ‘Perhaps the buyer is trying to threaten the seller with negative feedback to try to extort a lower price,’ he said. ‘This is a mechanism for sellers to report that to other sellers so this buyer can’t go on doing this indefinitely, hopefully.’”

From the FAQ’s at the site itself;

“AfterTheGavel is for sellers to be able to manage risk for their online auction businesses. As the world of online auctions changes sellers need to know who they are dealing with as buyers as much if not more than buyers need to know sellers. AfterTheGavel.com will serve as a balancing weight to keep this information available to sellers.”

While this appears to be the founding basis;

Q: How can AfterTheGavel.com help me protect my auction business?

A: It has been a long held belief that when someone that is doing wrong is exposed they can be stopped. If you know there is a thief in your neighborhood you will lock your doors. The same is true online. If you know someone is a problem customer you can block them from doing business with you and causing you problems including ruining your seller reputation with unjustified negative feedback. All sellers even if they are not registered can search buyer IDs and find out if they want to block a buyer due to their history. That is fair and justified on the sellers part. Sellers can also leave feedback to warn other sellers. This will create a strong deterrent to buyers being unfair & unreasonable to sellers as it has always been.

Seems like a nice effort. I hope it becomes worthwhile.

Post from: EveryJoe

eBay Feedback Extortion Alerting Service