Netflix manipulated the Net Neutrality deal

Turkey | Mythic Inconceivable!
 
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I'm normally not a fan of just pasting a whole article into a thread, and would typically pull out quotes that are important to an argument, but the entirety of the article is quoted below, since it's behind a paywall:

http://www.wsj.com/articles/holman-jenkins-netflix-is-the-culprit-1426633943

Spoiler
About that Netflix flip-flop, it’s worse than you think.

On Jan. 14, 2014, the D.C. circuit court threw out an existing net-neutrality rule put in place by the Federal Communications Commission, and Netflix CEO Reed Hastings rushed to assure investors the ruling was a nonevent. In the absence of an official net-neutrality rule, the likelihood of broadband operators blocking access or slowing down Netflix was nil.

“Part of delivering and expanding [the broadband business] for consumers,” he explained, “is having a really good Netflix experience, a good YouTube experience. That’s why people get higher-speed broadband. So I think actually our economic interests are pretty co-aligned.”

Ted Sarandos, Netflix’s programming guru, added that if Internet carriers “were to contemplate blocking Netflix or other services, it will significantly fuel the fire for more regulation, which is not something they are interested in.”

Netflix elaborated in a letter to shareholders filed with the Securities and Exchange Commission: “[Internet services providers] are generally aware of the broad public support for net neutrality and don’t want to galvanize government action. Moreover, ISPs have very profitable broadband businesses they want to expand. Consumers purchase higher bandwidth packages mostly for one reason: high-quality streaming video. ISPs appear to recognize this and many of them are working closely with us and other streaming video services to enable the ISPs’ subscribers to more consistently get the high-quality streaming video consumers desire.”

People, this has been the adult view of net neutrality all along, and why intelligent persons have rightly called federal regulation a solution in search of a problem.

Then why, a month after this deluge of demurrers, did Netflix change its tune radically and call for utility regulation of even the upstream “network of networks,” which previously had not been considered part of the net-neutrality debate?

Because Netflix was then rolling out its own network, Open Connect, to bypass the public network in favor of direct tie-ups with last-mile providers like Comcast,Verizon and AT&T. This largely ignored story has been told in detail by a disparate group of analysts and lawyers including Dan Rayburn,Larry Downes,Jonathan Lee and Fred Campbell. Netflix effectively engineered a slowdown of its own service in late 2013 by relying on an intermediary with inadequate capacity, then waved a bloody shirt in pursuit of the direct-connection deals that today allow Netflix to distribute its content more efficiently and cheaply.

At least now we understand the famous but nearly indecipherable remarks of Netflix CFO David Wells at a Morgan Stanley media conference two weeks ago. To wit, Netflix had been happy to flog the net-neutrality meme while negotiating these agreements, Mr. Wells indicated, and then unhappy when the FCC took its rhetoric seriously and imposed sweeping Title II regulation.

And no wonder: Netflix can hardly be in favor of anything that curbs its own freedom to run its business as it sees fit. Yet the FCC’s “reclassification” of the Internet as a public utility potentially does exactly that.

The same miscalculation, by the way, was made by Google, Apple, Microsoft and other Silicon Valley smarties who kept their heads down as the traditional net-neut talking point morphed into a demand for utility regulation. They didn’t want to risk their images in a political brawl with lefty pro-regulation groups, so they kept silent and relied on the Obama administration and FCC Chairman Tom Wheeler to act responsibly. That was a bad bet.

Mr. Wheeler knows Title II is unnecessary and undesirable, but apparently felt it would be a personal defeat if he did not deliver something once the president had nosily intervened in favor of the “strongest possible” rules. Then, the only FCC majority available was three Democrats marching in lockstep with the president toward utility regulation.

Men spend their lives in Washington waiting for such a moment. Mr. Obama wasn’t going to come over and beat him up if he effectively scuttled the rulemaking and sent it back to the drawing board. But Mr. Wheeler, at age 68, was not ready for responsibility and so waved Title II through rather than risk standing alone and taking the heat.

In the Abilene Paradox (look it up), a group drives to Abilene for lunch because each thinks the others think it’s a good idea. Net-neut politics has now witlessly deposited the country in Abilene. It will be an expensively bought lesson for Google, Apple and others who flunked their civic responsibility to participate in an important public debate. And their schooling isn’t over.

tl;dr

Quote
Netflix effectively engineered a slowdown of its own service in late 2013 by relying on an intermediary with inadequate capacity, then waved a bloody shirt in pursuit of the direct-connection deals that today allow Netflix to distribute its content more efficiently and cheaply.
Then other tech giants, as well as the administration and the FCC Chairman, remained quiet to avoid being singled-out against regulatory action.
Quote
In the Abilene Paradox (look it up), a group drives to Abilene for lunch because each thinks the others think it’s a good idea. Net-neut politics has now witlessly deposited the country in Abilene. It will be an expensively bought lesson for Google, Apple and others who flunked their civic responsibility to participate in an important public debate. And their schooling isn’t over.


 
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I'm not sure why they placed an opinion piece behind a paywall, that seems a bit silly tbh.


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I'm not sure why they placed an opinion piece behind a paywall, that seems a bit silly tbh.

Holman Jenkins is a columnist for the WSJ. It's under the Opinion section, but isn't under the same category as their third-party/reader opinion pieces. Plus, most of the WSJ content is behind the subscription wall to begin with.


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I TOLD YOU.

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I'm not sure why they placed an opinion piece behind a paywall, that seems a bit silly tbh.

Holman Jenkins is a columnist for the WSJ. It's under the Opinion section, but isn't under the same category as their third-party/reader opinion pieces. Plus, most of the WSJ content is behind the subscription wall to begin with.
These people are dumb as fuck if they think I'm going to pay them money to read their biased bullshit. (Not this article specifically)
Tell me about it. When I'm on /r/syriancivilwar, I sometimes run into articles which seem interesting, but BANG! Paywall! It's so fucking annoying when you want to read something, but then you just get cock blocked.


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I like the Wall Street Journal, but their editorials on net neutrality are preposterously in favor of the telecoms and often factually challenged. This guy and Henninger (a Fox News contributor, which should say plenty about his motives) are the worst.

From another one of Jenkins' articles:
Quote
As the Internet has evolved, net-neut paranoia increasingly has rested on fears of what broadband providers could do, not what they are likely to do or have commercial motive to do.
History shows that this is completely, utterly false. (Three links there, FYI--and notice how many times Comcast shows up)
Last Edit: March 18, 2015, 07:38:20 PM by Kupo


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I like the Wall Street Journal, but their editorials on net neutrality are preposterously in favor of the telecoms and often factually challenged. This guy and Henninger (a Fox News contributor, which should say plenty about his motives) are the worst.

From another one of Jenkins' articles:
Quote
As the Internet has evolved, net-neut paranoia increasingly has rested on fears of what broadband providers could do, not what they are likely to do or have commercial motive to do.
History shows that this is completely, utterly false. (Three links there, FYI--and notice how many times Comcast shows up)

I think his point is that a lot of what this heavy-handed regulation covers are things that are not economy viable. The examples you provided show Comcast repeatedly being fined and publicly criticized. I'm not sure how your links prove anything except that there were already regulations in place to address these issues, making the decision to make broadband internet a utility unnecessary.

Regardless, the point of the thread is to highlight the influence of these companies on the decision, and much of the outcry was fabricated for a special interest group.


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I TOLD YOU.

I TOLD YOU AND YOU DIDN'T LISTEN.


Anonymous (User Deleted) | Legendary Invincible!
 
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I like the Wall Street Journal, but their editorials on net neutrality are preposterously in favor of the telecoms and often factually challenged. This guy and Henninger (a Fox News contributor, which should say plenty about his motives) are the worst.

From another one of Jenkins' articles:
Quote
As the Internet has evolved, net-neut paranoia increasingly has rested on fears of what broadband providers could do, not what they are likely to do or have commercial motive to do.
History shows that this is completely, utterly false. (Three links there, FYI--and notice how many times Comcast shows up)

I think his point is that a lot of what this heavy-handed regulation covers are things that are not economy viable. The examples you provided show Comcast repeatedly being fined and publicly criticized. I'm not sure how your links prove anything except that there were already regulations in place to address these issues, making the decision to make broadband internet a utility unnecessary.

Regardless, the point of the thread is to highlight the influence of these companies on the decision, and much of the outcry was fabricated for a special interest group.
It proves my point (and Jenkins wrong) by stating the facts that Comcast and the other telecoms--special interest groups in and of themselves--of intentionally and consistently violating the principles of net neutrality, the principle that data travels back and forth without interference, despite the regulations designed to ensure that that concept is upheld. It is proof of why it is imperative that net neutrality exist and be enforced.

The claims of 'economic viability' are absurd and exist only to paint the illusion of a valid argument in favor of eliminating net neutrality rules.

Every incident are simply the reasons why the argument against the necessity of net neutrality (and the claim that it is somehow 'draconian') is objectively wrong. The telecoms have continually shown that they won't follow the rules. They've had their chances. I can't say I feel sorry for them at this point.

Edited to be nicer >.>
Last Edit: March 19, 2015, 05:17:21 PM by Kupo


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It proves my point (and Jenkins wrong) by stating the facts that Comcast and the other telecoms of intentionally and consistently violating the principles of net neutrality, despite the regulations designed to ensure that that concept is upheld. It is proof of why it is imperative that net neutrality exist and be enforced.
I'd hesitate to label relatively isolated, and subsequently punished, incidents of exploitation as consistent and widespread. I'd hardly say that claim is a platform from which the rules of net neutrality can be torn down -- rather, it shows that there already exists tools to combat these problems. Reclassifying broadband internet as a utility is unarguably a massive shift from what anyone was expecting, or asking for. Also, the author isn't claiming ISPs will naturally allow net neutrality without regulation -- that was a quote by the CEO of Netflix before they flipped their position.
Quote
Every incident are simply the reasons why your argument against the necessity of net neutrality (and the claim that it is somehow 'draconian') is objectively wrong.
I'm a little confused. Where is this argument you say I have against net neutrality? This thread and article is discussing Netflix's gamble to achieve a more advantageous position in the market. They want the back-end of the network to be hamstrung while they negotiate a deal with last-mile ISPs.


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I'd hesitate to label relatively isolated, and subsequently punished, incidents of exploitation as consistent and widespread.
I would have to disagree. This happens too often (once a year) and they keep trying to legally undo those rules that they keep breaking over and over again. This is too often to not be deliberate or 'isolated'.

In regards to Netflix, the only thing I can think of (because I can't speak for them) is that they hadn't recognized the threat to their business until they thought it through and had to actually deal with Comcast throttling its own network to essentially blackmail Netflix. Ideas can sound great until they're put into practice.

Quote
I'm a little confused. Where is this argument you say I have against net neutrality? This thread and article is discussing Netflix's gamble to achieve a more advantageous position in the market. They want the back-end of the network to be hamstrung while they negotiate a deal with last-mile ISPs.
Sorry >.> I've been a bit high-strung recently. I just interpreted this:
Quote
I think his point is that a lot of what this heavy-handed regulation covers are things that are not economy viable. The examples you provided show Comcast repeatedly being fined and publicly criticized. I'm not sure how your links prove anything except that there were already regulations in place to address these issues, making the decision to make broadband internet a utility unnecessary.
in combination with the last time we had a discussion about NN that you didn't like it >.> I'll back off, sorry Turkey.


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No worries, man, your reply was really good. I definitely support net neutrality, I'm just wary of sweeping government control of it. I I had no idea about the author's running bias on the subject, and I really appreciate the insight you gave in your first reply.


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No worries, man, your reply was really good. I definitely support net neutrality, I'm just wary of sweeping government control of it. I I had no idea about the author's running bias on the subject, and I really appreciate the insight you gave in your first reply.
I... well thanks >.>