The European Union has only taken baby steps toward proper net neutrality legislation so far. Today, however, the European Commission's Neelie Kroes just gave the first glimpse of what those continent-wide rules could look like. Her proposals would let companies prioritize traffic, but not block or throttle it. The measures would also prevent gotchas once customers have signed on the dotted line: internet providers would not only have to offer clear terms of service, but make it easier to jump ship for something better. There are concerns that the proposals would let providers favor their own services, but Kroes also makes no arbitrary distinctions (and thus exemptions) between wired and wireless networks, like we've seen in the US -- can we get these rules elsewhere, please?

[Image credit: The Council of the European Union]

Filed under: Wireless, Networking, Internet

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Via: GigaOM

Source: European Union

It was almost a year ago to the day that the European Commission began investigating Motorola over reported abuse of its standard-essential patents (SEPs), and now the regulators have a little more to say on the matter. The Commission has issued Motorola Mobility a Statement of Objections, which doesn't mean any judgment has been reached, but lets the company know its preliminary view, and it ain't good news. According to these initial findings, Motorola wanting an injunction against Apple in Germany based on some of its GPRS-related SEPs -- the particular legal encounter that was the catalyst for a complaint by Cupertino and ultimately, the EC's investigation -- "amounts to an abuse of a dominant position prohibited by EU antitrust rules." Motorola originally said it would license these patents under FRAND terms when they became standard-essential, which Apple was happy to pay for. However, the company pursued an injunction nonetheless.

The Commission's statement goes on to say that while injunctions can be necessary in certain disputes, where there is potential for an agreement under FRAND terms, companies with bulging SEP portfolios should not be allowed to request injunctions "in order to distort licensing negotiations and impose unjustified licensing terms on patent licensees." Joaquín Almunia, the Commission Vice President who's responsible for competition policy, echoed what we've heard from other important folks entrenched in the never-ending patent battlefield (such as Judge Koh), saying: "I think that companies should spend their time innovating and competing on the merits of the products they offer -- not misusing their intellectual property rights to hold up competitors to the detriment of innovation and consumer choice." So, what happens next? Motorola will first have its right to address the statement before the EC makes a final decision, but it's looking like a fine is headed the company's way. Hopefully, the outcome will also have a wider impact on patent cases of the future, so companies will spend more time making shiny things for us, and less on courtroom squabbles.

Filed under: Cellphones, Tablets, Mobile, Apple, Google

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Via: Reuters

Source: European Commission

Google has no doubt been on pins and needles wondering whether or not the European Commission will accept the search engine changes it's proposing to avoid an antitrust showdown. If what we're hearing is right, Larry Page and crew might just get to relax in the near future: sources for the New York Times claim that the EU agency has accepted Google's proposal. Reportedly, the terms of the deal are close to what had been mentioned last week. Google would have to explicitly label search results that come from its own services while sometimes showing those results from others. It would also have to test the results in the field to get feedback from both the Commission and competitors. While neither Google nor European officials have confirmed the apparent leak so far, any truth to the story could mean the long-running saga might draw to a close before it gets ugly.

Filed under: Internet, Google

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Source: New York Times

There's no question that most of the talk between Google and EU regulators over the firm's search ranking practices have taken place behind closed doors, but now the antitrust inquiry is one step closer to a binding resolution. Following a preliminary assessment in which the European Commission laid out its concerns, Google has offered up a formal list of commitments in attempt to assuage the regulator -- and in the process, avoid a nasty fine that could top $5 billion. Reuters sources suggest that one concession may involve labels within search results that distinguish Google's services from those of its rivals, but whatever the final resolution entails, EU Commissioner Joaquin Almunia asserts that it'll be a legally binding agreement. As for the next step, Google's proposal will be subject to input from its peers, which includes complainants such as Microsoft. If there were ever an opportunity to kick up some dust, we reckon this'd be it. Then again, it could be that Redmond is more preoccupied with Android nowadays.

Filed under: Internet, Google

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Source: Reuters

Believe it or not, the European Union's public data hasn't been very public: despite a 2003 directive, there wasn't a clear right to reuse weather or other vital data, whether it's for an app or a service. Logic is taking hold now that 27 countries on an EU Council committee have endorsed a European Commission revision opening the floodgates. The new rules would require that EU countries explicitly permit citizens and companies to reuse public information, either for free or no more than the basic cost of sending it out. The revamp would also push availability in open formats, along with expanding the directive's coverage to archives, libraries and museums -- you know, repositories of nothing but public knowledge. Both the European Parliament and individual governments will have to sign the changes into law sometime in the (likely not-so-near) future, but the shift could lead to a sudden wealth of data for Euro-centric hardware and software.

Filed under: Misc, Internet

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Via: GigaOM

Source: European Commission (1), (2)

Google has spent the past couple years facing down antitrust accusations in Europe for pushing its web services over those of competitors. But, just as that case is coming to a close, the New York Times now reports that new anti-competitive allegations have been levied against Android. This new complaint was filed by a group called Fairsearch -- whose members include old EU foes Microsoft and Nokia, plus Oracle and a host of travel booking websites -- and claims that Google's using Android as a way to deceive consumers into using Google apps instead of competitors' software. The problem, as Fairsearch sees it, is that Google forces OEMs who use Android to unfairly place apps like YouTube and Gmail in prominent places on the desktop. Of course, this new complaint is just the beginning, so we'll have to wait and see what the European Commission's investigation into the matter uncovers, and how the folks in Mountain View respond.

Filed under: Microsoft, Nokia, Google

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Source: New York Times

You're still waiting to get 4G? That's old hat: the European Commission is already thinking about 5G. It's investing €50 million ($65.3 million) into research with the hope that the next-next-generation cellular technology will be a practical reality by 2020. About €16 million ($20.9 million) of that is headed toward METIS, an Ericsson-led alliance hoping to develop wireless with 10 to 100 times the capacity, a similar increase in speed and just a fifth of the lag. Like a UK parallel, though, there's only so much technology talk the Commission can offer at this stage. The funding is as much for regional pride as progress -- officials want 5G to be a Europe-led affair after Asia and North America took center stage on 4G.

Filed under: Cellphones, Wireless

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Via: The Next Web

Source: European Commission

Lag: it's the bane of video chats, VoIP calls and Call of Duty players trying to keep a streak going. The European Commission must be as irked by delays and drops as we are, as it's giving €3.6 million ($4.8 million) over three years to help three universities, Alcatel-Lucent Bell, Institut Mines-Telecom and Simula Research Labs defeat lag through the RITE (Reduce Internet Transport Latency) Project. The initiative hopes to find new ways to cut lag on both the network itself as well as endpoints, like servers. If the networking research alliance hits the jackpot, it hopes to make standards of any proposed changes. Without a specific direction, it's not clear that RITE will lead to instant-response connections. Should there be much success, however, we'll only have ourselves to blame for flaky gameplay.

Filed under: Gaming, Networking, Internet, Alt

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Via: The Register

Source: University of Aberdeen

The European Union has accepted an offer from Apple and four major publishers to reduce pricing restrictions on content offered at Amazon and other book-sellers. After being caught out by the EU, we heard that the offer was likely to be adopted last month, and the commission has now confirmed the settlement which, according to them, "will restore normal competitive conditions in this new and fast-moving market, to the benefit of the buyers and readers of e-books."

The new setup will let retailers set prices or discounts for two years and also drop "most-favored nation" contracts for five years. This clause had previously stopped Simon & Schuster, HarperCollins, Lagardere SCA's Hachette Livre and Macmillan from striking deals to sell e-books at other retailers at prices lower than those offered in Apple's own bookstore -- the "favored nation"

Filed under: Apple, Amazon

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Source: Reuters, European Commission

Britain has had grand visions of supplying broadband to virtually every home through its Broadband Delivery UK (BDUK) initiative, but the lack of EU approval has put a large part of that plan on ice. Consider the European Commission's latest move a thaw, then. It just confirmed that BDUK is legal within EU rules on state aid through the measures to keep it honest, such as top-level advice to regional planners and Ofcom control over the costs and terms of any given rollout. The clearance lets a raft of projects get underway, and should ideally supply services like BT Infinity to 90 percent of the UK as well as a minimum 2Mbps for the rest; given that many BDUK providers have had to wait until now to get started, though, we wouldn't anticipate fast internet access in the boonies just yet.

Filed under: Networking, Internet

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Via: ITPro, Wall Street Journal

Source: European Commission

European LTE deployments might just be getting started, but the European Commission is already trying to head off any bandwidth problems at the pass. The organization has ordered that 120MHz of normally 3G-only spectrum around the 2GHz band has to be reusable for LTE and other 4G networks by June 30th, 2014. Once the airwaves loosen up, the Commission sees its home continent having an advantage over an LTE-happy US: it expects to have as much as 1GHz of spectrum available for 4G, or potentially twice as much as what Americans might claim. Officials are also mulling plans to repurpose extra slices of 2GHz spectrum that haven't even been used for 3G and could offer that much more headroom. While an edge over the US in bandwidth might not last after policy changes, it's hard to complain if the EC move leads to future smartphones whose downloads stay speedy.

Filed under: Cellphones, Wireless, Mobile

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Via: GigaOM

Source: European Commission

Ever hemmed and hawed over buying AppleCare with your shiny new gadget? European chiefs are worried that you don't know all of your rights. They're concerned that Cupertino's warranty-selling practices hide the fact that all customers are entitled to a statutory two-year warranty to fix defects present at sale. The company has already had to open its checkbook to Italian regulators, but pointed out that the protection plan is there to remedy issues that may crop up after you've taken your new toy from its perfectly-engineered box. Nevertheless, commissioner Viviane Reding is pushing for a Europe-wide inquiry into the company, contacting all 27 member states to look into the matter. In the meantime, we're left working out how many times we're likely to drop our new device in the next three years.

Filed under: Misc, Peripherals, Apple

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Via: Bloomberg

Source: Der Speigel (Translated)

The European Commission is planning to fine Microsoft for its failure to adhere to a 2009 ruling that required the software giant to offer customers a choice of default web browser. The EU Competition Commissioner, Joaquin Almuni, advised the press that a formal proceeding into the breach -- which Microsoft itself acknowledges -- has begun. Reuters reports that should Microsoft be found on the wrong side of the law, that the resulting fine could be as much as 10 percent of its global turnover. Whether the end sum would be as high as this remains to be seen, but given recent events, you can expected some hurried shuffling of paper in Redmond's accounts department.

Filed under: Internet, Software

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Via: TechCrunch

Source: Reuters

Filed under: Cellphones

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Via: TechnoBuffalo, 9to5Mac

Source: Apple Store (UK)

Everything Everywhere's been keeping itself plenty busy on the mobile wallet frontier and its involvement with the slow-burning alliance with Telefonica UK (O2) and Vodafone has finally been given a nod of approval from the European Commission. The joint venture aims to "remove a number of barriers" that are apparently hampering the phone networks' efforts, while it will allow businesses to connect with a single mobile payments system compatible with the majority of the UK's carriers. Take a look at more specifics (including the less thrilling advertising details) at the press release after the break.

Filed under: Cellphones, Internet, Mobile

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The European Commission is well aware that we need spectrum. Rather than make everyone fight for their piece, though, the agency wants us to hug it out. It's proposing a spectrum change that would bring in "much more dynamic sharing" of both licensed and unlicensed radio frequencies. While nothing's definite at this point, the EC's Digital Agenda representative Ryan Heath mentions that the move could give more capacity to WiFi in the unlicensed 5GHz space -- no doubt a relief for anyone who's dealt with an overwhelmed public hotspot. That's not to say that carriers won't benefit. Officials want to provide perks by offering "guaranteed rights" to providers and anyone else that has to share licensed airwaves with others. The sharing initiative is a long distance away from having an impact given that the Commission is calling for help from the European Council and Parliament just to get started, but it could be an important step towards harmony in a land where unoccupied airwaves are rare.

Filed under: Wireless, Networking

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Via: PCWorld

Source: European Commission

In the US, the e-book price fixing scandal appears to be winding towards its inevitable conclusion. Many of the publishers settled with the DOJ right off the bat, and now the states themselves have gotten three publishing houses to cough up $69 million in their own agreement. (Of course, Apple, Macmillan and Penguin have all decided to go the trial route, but we'll have to wait till next year to see how that plays out.) In Europe, the battle is still raging on, but Reuters is reporting that the accused are offering concessions in a bid to put the antitrust allegations behind them. The only name missing from the list is Penguin, which may or may not be part of the plea deal. Not all the details of the proposals have been revealed yet, and there's no guarantee the commission will accept them. The heart of the settlement, however, would involve allowing Amazon to sell e-books at a discounted price for two years. Would cheaper Kindle books be good, clean fun for the whole family? Sure, but it certainly pales in comparison to the potential penalties if Apple and their publishing partners go to trial.

Filed under: Apple

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Source: Reuters

Three and Everything Everywhere have completed the sale of two 15MHz blocks of the 1,800MHz spectrum, announced yesterday. It follows Ofcom's controversial decision to let the latter network queue-jump to offer LTE services in the UK before the official auction process begins. Three won't be able to use its new toy until its frenemy has vacated it, which could be as late as September next year, but could start preparing 4G internet shortly after. The sale was made due to merger requirements by the European Commission, but still needs approval from Ofcom, but given that it's already handed the company an unassailable head-start, we hardly think it'll be too concerned by the deal.

Filed under: Cellphones, Wireless, Mobile

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While we're still a long way from living the fully autonomous car dream, baby steps are being taken. The EU evidently shares this dream, and has passed regulations that will require new cars to have emergency self-braking systems (known as autonomous emergency braking, or AEB) if they want to achieve a five-star safety rating. The systems can use radar, laser or video to detect when obstructions or pedestrians are present, and a recent study suggests that the technology reduces accidents by up to 27 percent. Commercial vehicles will have to sport the systems from November next year, and everything else from 2014. Safety aside, we're thinking that anything that can help prevent rear-ending our new ride, is definitely a welcome addition.

Filed under: Transportation

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The European Commission is digging it its heels and officially launching an investigation into 13 companies for allegedly rigging bids on optical drives with at least two major OEMs. The companies haven't been named, but it's safe to assume if the Commission is getting involved these aren't two-bit players selling cheap knockoffs. With the Statement of Objections issued, now its a matter of gathering evidence and formally charging those it can build a case against. With an e-book investigation underway and a DRAM conspiracy not far in its past, the existence of an optical drive cartel is probably not the sort of news the Commission wants to hear right now. Sadly, there's not much detail to share, but you'll find the complete and brief PR after the break. Now its just time to sit back and wait to see what companies we're allowed to start hating next.

Filed under: Storage

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It's been more than three years since being slapped with a record-setting €1.06 billion (roughly $1.45 billion) antitrust fine by the EU, and Intel is finally getting around to putting an appeal in motion. The request for a reversal is going to the second highest court in the union, the General Court in Luxembourg, where Intel's lawyers plan to argue that the evidence used to convict the company was "profoundly inadequate." The Commission that levied the fine was also criticized the European Ombudsman for failures in record keeping and procedure during the original investigation. However, the prosecution is sticking steadfast to its argument that rebates handed out by Chipzilla were clearly a clever ploy to hide its anti-competitive practices. Should the hearing not go Intel's way, there is one last stop on its journey -- the EU's Court of Justice. A loss there would require the rather sizable fine be paid.

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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.

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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.

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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."

Filed under: Mobile

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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.

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