Feb 01 2008

700 MHz Airwave Auction Exceeds $4.6 Billion, a Win for Consumers

700 MHz Airwave Auction Exceeds $4.6 Billion, a Win for ConsumersWASHINGTON — Feb 01, `08 — Although a major auction of prime public airwaves, the 700 MHz, is far from finished, there already appears to be a big winner: the US consumer.

A bid on the largest portion of public wireless airwaves, now being auctioned by the US government, reached $4.7 billion Thursday, surpassing a threshold price that would trigger so-called open-access rules that would allow any legal mobile device or software program to use those airwaves.

While bidding was anonymous, analysts speculated that Google and Verizon Wireless, a joint venture between Verizon Communications and Vodafone Group, were the likely bidders on that swath, or about one-third of the total spectrum being auctioned.

Winners, however, will not be known until the entire auction by the U.S. Federal Communications Commission ends, a process that could take several more weeks. The auction began Jan. 24.

To retain the open-access conditions on that spectrum, a minimum $4.6 billion bid was required. The commission is selling a spectrum that is being freed as part of the switch to digital television in February 2009. The airwaves are considered especially valuable because the frequencies travel long distances and can easily pass through walls.

The rules, advocated by Google and a coalition of consumer and public interest groups, will help pry open traditionally closed wireless networks that prevent people from taking their phones with them when switching providers.

Google, AT&T and Verizon Communications are among 214 qualified bidders for nearly 1,100 licenses to pieces of the spectrum that vary from a nationwide swath to regional slivers.

Because of strict rules to prevent collusion, bidders won’t be identified until the auction ends, and companies are forbidden from commenting on their activity. Based on the limited bidding information available, Verizon is probably the high bidder on the open-access chunk, but Google is also a possibility, said Blair Levin, an analyst at brokerage Stifel, Nicolaus & Co.

“The amount of activity that we’ve already seen occurring demonstrates just how significant the interest is in this piece of spectrum,” FCC Chairman Kevin J. Martin said.

“The openness requirement is important both in terms of the innovation it will lead to on the edges of the network and the ability of consumers to take advantage of that innovation,” Martin further added during a briefing with reporters yesterday.


Dec 19 2007

eBay Applauds Victory in Netcraft vs eBay and PayPal Patent Case

eBay Applauds Victory in Netcraft vs eBay and PayPal Patent CaseSan Jose, Calif — Dec 19, `07 - eBay today released the following statement regarding its District Court victory in the Netcraft vs eBay and PayPal patent infringement case.

On December 18, 2007, the U.S. District Court for the Western District of Wisconsin entered judgment, granting eBay’s and PayPal’s motion for summary judgment of non-infringement on both of the patents that Netcraft asserted against eBay and PayPal.

“We are pleased by the Court’s well-reasoned ruling in this case. We will continue to protect the interests of our global community of users and the businesses who rely on eBay’s platforms to make a living.”

In May 2007, Netcraft brought suit against eBay and PayPal and contended that PayPal’s payment services infringe two of Netcraft’s patents titled “Internet Billing Method.” The Court ruled that all of the patents in question require “providing customers with internet access” and because eBay and PayPal do not provide customers with internet access, the two companies do not infringe Netcraft’s patents.


Dec 18 2007

Paul Allen to Bid in 700 MHz Wireless Spectrum Auction

Paul Allen to Bid in 700 MHz Wireless Spectrum AuctionWashington — Dec 18, ‘07 — A venture led by Microsoft co-founder Paul Allen has applied to bid in an upcoming auction of 700 MHz wireless airwaves, according to FCC’s “Accepted Applications” list released on late Tuesday, Reuters reports.

Allen was listed with an entity called Vulcan Spectrum LLC among the applicants who filed to bid in the FCC auction of 700-megahertz spectrum, which is scheduled to begin on January 24.

Allen and Vulcan Spectrum were on a list of scores of potential bidders who filed applications ahead of a December 3 FCC deadline. The auction applicants also included, Google, AT&T, Verizon Wireless and Qualcomm.

The FCC-run auction is expected to take several weeks, or even months, of daily, back-and-forth bidding, with the identities of the bidders kept secret. The radio waves are being returned by broadcasters as they move from analog to digital signals early in 2009. The signals can go long distances and penetrate thick walls.

FCC List of “Accepted Applications“, “Incomplete Applications” (in pdf). More at FCC (in Word).


Dec 13 2007

EBay to Appeal Patent Infringement Ruling

EBay to Appeal Patent Infringement RulingSan Jose, Calif — Dec 12, ‘07 — eBay released the following statement in response to the December 11, 2007 District Court ruling in the MercExchange v. eBay case.

“We are disappointed with the court’s order and we plan to appeal it. In its ruling, the court concluded that it did not have the legal right to consider the merits of our arguments concerning the ‘265 patent, but rather was required to reject our motions based on the procedural posture of the case. We intend to appeal the Court’s ruling on the procedural issues and remain confident that after the appeal, the Court will consider our arguments on their merits.

“Additionally, our motion for summary judgment that our 2003 design-around was effective and there is no ongoing infringement of the ‘265 patent, and that no further damages are due, also remains pending before the court.

“We remain pleased with other developments in this ongoing case, including the decision by the United States Court of Appeals to invalidate another patent in this case; the May 2006 unanimous Supreme Court decision in eBay’s favor on MercExchange’s request for an injunction; and the District Court’s subsequent affirmation in September 2007 that no injunction is called for. We look forward to the opportunity to appeal yesterday’s District Court ruling.”

Tuesday’s ruling by Judge Jerome Friedman stems from a jury’s 2003 verdict finding eBay and eBay subsidiary Half.com liable for $35 million for intentionally infringing two MercExchange patents. The US Court of Appeals for the Federal Circuit later reduced the award to $25.5 million.

Friedman in July denied eBay’s request to stay proceedings on one of the patents, governing eBay’s so-called “Buy It Now” feature that allows users to buy an item outright at a given price without bidding for it.

Friedman said in July the US Supreme Court’s 2006 ruling sending the case back to the trial court for further action had no bearing on the jury’s 2003 verdict. More at eBay.


Dec 03 2007

Yahoo, eBay Join Hands in Japan

Yahoo, eBay Join Hands in JapanTokyo, Japan — Dec 03, ‘07 — Yahoo Japan and eBay said Tuesday they have agreed to team up in online auctions, planning services for next year that will make it easier for consumers to buy things via the Internet from the US and Japan.

Yahoo said by March, Japanese will be able to bid for items up for sale on eBay through the Yahoo auction site in Japan. By the middle of next year, similarly, a site will be set up that will allow Americans to buy Yahoo Japan auction items through the eBay site.

The deal will facilitate “cross-border trading” and invigorate the online auction market, Yahoo said in a statement. In online auctions, consumers put up items they want to sell and get offers through the Internet from prospective buyers.

Americans using eBay will be able to more easily buy Japanese goods popular abroad, such as “manga” comic books, CDs, and products that feature Japanese animation characters and other mascots, it said.

Also, some products are cheaper online abroad than in Japan, and consumers will be able to compare prices for the best deals.

Yahoo Japan, a unit of Sunnyvale, Calif.-based Yahoo has more than 15 million auction items listed on any given day, while eBay, based in San Jose, Calif., the world’s biggest online auction site, boasts 248 million registered users. More at Google/AP.


Nov 30 2007

Google Will Bid for 700 MHz Mobile Spectrum

Google Will Bid for 700 MHz Mobile SpectrumMOUNTAIN VIEW, Calif — November 30, 2007 — Google announced today that it will apply to participate in the Federal Communications Commission’s upcoming auction of wireless spectrum in the 700 megahertz (MHz) band.

As part of the nationally mandated transition to digital television, the 700 MHz spectrum auction — which begins January 24, 2008 — will free up spectrum airwaves for more efficient wireless Internet service for consumers.

Advocacy by public interest groups and Google earlier this year helped ensure that regardless of which bidders win a key portion of the spectrum up for auction (the so-called “C Block”), they will be required to allow their users to download any software application they want on their mobile device, and to use any mobile devices they would like on that wireless network.

The winner must ensure these rights for consumers if the reserve price of $4.6 billion for the C Block is met at auction.

“We believe it’s important to put our money where our principles are,” said Eric Schmidt, Chairman and CEO, Google. “Consumers deserve more competition and innovation than they have in today’s wireless world. No matter which bidder ultimately prevails, the real winners of this auction are American consumers who likely will see more choices than ever before in how they access the Internet.”

Schmidt also praised the leadership of FCC Chairman Kevin Martin and his fellow commissioners for adopting the new rights for consumers earlier this year.

Google’s formal application to participate in the 700 MHz auction will be filed with the FCC on Monday, December 3, 2007 — the required first step in the auction process. Google’s application does not include any partners.More at Google.

Bidding separately instead of assembling a coalition does not rule out Google later signing up partners if it wins the bidding, said a source familiar with the company’s strategy. But the FCC has “anti-collusion” rules that prevent deal-making between potential bidders during the auction period.

The auction is expected to take several weeks, or even months, of daily, back-and-forth bidding, with the identities of the bidders kept secret. Big spectrum bidders typically draw up elaborate strategies, often with input from game-theory experts.

FCC officials hope the company’s participation will mean a possible new player in the wireless business and boost the amount of money the government can bring in from the auction.


Nov 19 2007

Oodle 2.0 Unveils a Whole New Way to Shop Classifieds

Oodle 2.0 Unveils a Whole New Way to Shop ClassifiedsSAN MATEO, Calif – Nov 19, ‘07 /PRNewswire/ — Oodle today announced the launch of Oodle 2.0, a whole new way to shop classifieds. With a new suite of tools and a complete site redesign, Oodle radically improves the way consumers use classifieds.

“Most people have a love-hate relationship with classifieds,” said Craig Donato, CEO of Oodle. “They can find great deals but it’s incredibly frustrating and time-consuming. Oodle not only gives users access to millions of local listings, it now provides the tools they need to quickly discover great deals.”

With the launch of Oodle 2.0, users can: Relax While Oodle Does the Work 

Oodle recognizes that shopping through classifieds involves more hunting than traditional e-commerce. It typically takes weeks to find the right car or apartment which is why Oodle has introduced a personalized home page that includes recent searches, so when users return to the site they can quickly pick up where they left off. Between visits, users also receive detailed email updates of new listings that match their active searches.

Get the Inside Scoop

Oodle enables users to make informed buying decisions answering questions like, “What’s a great price?” and “How often do listings like this pop up?” The site also safeguards users against an increasingly prevalent problem in classifieds: fraudulent listings. Oodle’s improved spam detection automatically deletes listings it determines to be fraudulent and flags listings that seem suspicious. More at Oodle.


Nov 06 2007

eBay Wins ‘Trademark Dilution’ Suit Against Perfumebay, Perfume-bay.com

eBaySan Jose, CA — Nov -6, ‘07 — A company whose name sounds like eBay’s has lost its appeal of a court ruling that protected the online auctioneer from ‘trademark dilution’ by e-commerce rivals with similar-sounding names.

A three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously upheld a lower court’s ruling in September 2005 against Perfumebay.com and Perfume-bay.com. EBay had argued that the names confused customers, who might think they were on an official eBay site.

Circuit Judge Johnnie B. Rawlinson wrote that Perfume Bay’s conjoined name in a Web address was ‘nearly identical’ to eBay’s and could prompt customers to ‘disassociate the eBay mark with eBay’s services.’ The sites must get a new name, according to the appellate panel’s decision Monday.

EBay has for years has waged legal fights against Web sites with all sorts of names that end with ‘bay.’ It has closed down AutoBay, RentBay and other sites. San Jose-based eBay, one of world’s largest e-commerce companies, argued that Perfumebay.com was particularly confusing because it contains the exact spelling ‘ebay.’ More at Y!.


Oct 26 2007

In the Battle of 700 MHz Spectrum, Wireless Association -CTIA- Takes Verizon’s Place, Sues FCC

Tag: 700 MHz, Auctions, Cellphones, FCC, Lawsuits, Mobile, PDAs, TechLuverJack @ 8:53 PM

In the Battle of 700 MHz Spectrum, Wireless Association - CTIA - Takes Verizon’s Place, Sues FCCWashington - Oct 26, ‘07 - The AP is reporting on the Wireless Association, CTIA, taking Verizon’s place and quietly filing a lawsuit that contains some language identical to the original complaint against FCC, on the same day Verizon Wireless withdrew its legal challenge.

AP reports, “The spectrum is being made available thanks to the transition to digital broadcasting by television station owners. It is expected to raise as much as $15 billion in an auction to begin Jan. 24.

The auction rules, approved by the Federal Communications Commission on July 31, include “open access” requirements on about a third of the spectrum. The winning bidder for those frequencies will be required to permit wireless customers to use whatever phones and software they choose, as long as it doesn’t harm the network.

The provision was pushed by FCC Chairman Kevin Martin, who billed it as a victory for consumers. The wireless industry was not so enthusiastic. Verizon filed suit in the U.S. Court of Appeals for the District of Columbia on Sept. 10 claiming the agency had exceeded its authority, violated the Constitution and acted in “an arbitrary and capricious” manner.

CTIA argues that the government-mandated open access provisions are unnecessary in a competitive wireless market and that the agency’s mandate is built upon “an irrational and inconsistent foundation.”

Despite the fact that one portion of CTIA’s complaint contains language nearly identical to the Verizon Wireless suit, the company and the trade association say the events are not connected. “The dropping of the lawsuit speaks for itself,” said Verizon Wireless spokesman Jeffrey Nelson. “It is clear, it gives the real rationale and that’s all there is.”

Joe Farren, spokesman for CTIA, said “there was no agreement or discussion about CTIA’s suit taking the place of Verizon.” The point of the CTIA suit was to “correct the record” regarding the FCC’s position that there is insufficient competition in the handset marketplace.”

More at AP


Oct 18 2007

‘Sold!’ Go Daddy Offers Live Auction for Premium Domain Names

Tag: Auctions, TechLuver, Web 2.0Jack @ 9:41 AM

GoDaddy LogoTDNAM Signature Auctions GoDaddy Dot ComSCOTTSDALE, Ariz.–(BUSINESS WIRE)–Have you ever wanted to have a domain name like Bob.com or TopBeaches.com? Well, now is your chance. Go Daddy Signature Auctions takes place November 6 - 8. The fast-paced, online event allows anyone to bid on a long list of premium domain names.

“We’ve said it many times - domain names are real estate of the 21st century,” said Bob Parsons, Founder & CEO of GoDaddy.com. “We wanted to give people a chance to secure some prime Internet space through a fast-paced, easy to use auction.”

Go Daddy has assembled an impressive lineup of domains from which bidders can choose. Bidding starts at the seller’s reserve price, so a single bid can take the domain name. The auction is open to the public. Qualifying to bid in the online auction is easy; just a few simple answers are required.

Once approved, users can go to GoDaddySignatureAuctions, where they can bid on more than 25 domain names. Domain names will be put up for auction one at a time. There is no time limit to each auction; so once the bidding stops, the auction ends. A moderator will be on hand in a live-chat setting to answer any questions potential bidders may have.

If you are unable to attend the auction for the domain name you would like, you can place a sealed proxy-bid, which automatically bids for you until your pre-set limit is reached. All winning transactions will be handled through Escrow.com. This allows security and peace of mind for both parties.

The list of domain names up for auction will be available October 24. More at GoDaddySignatureAuctions