back to article 'Dominant' Facebook hauled over coals by German competition authority

A competition authority in Germany has opened proceedings against Facebook for allegedly violating data protection rules. The cartel investigator in Germany, known as the Bundeskartellamt, announced that it has launched itself at the American company, as well as its Irish and German subsidiaries, on "an initial suspicion that …

  1. Anonymous Coward
    Anonymous Coward

    steady on you krauts...

    ...you do realize that the CEO is Jewish!

    1. Anonymous Coward
      Anonymous Coward

      Re: steady on you krauts...

      Correct me if I'm wrong here but it's not cricket to invoke godwin's law on the first post if that was your intention. If it's not then I fail to understand your reasoning.

      1. Anonymous Coward
        Anonymous Coward

        Re: steady on you krauts...

        Let me consult the rules of the internet ... There's porn of everything ... Nope, no rule on Godwin in firstPost.

        Objection overruled.

  2. Graham Marsden
    Thumb Up

    About time too!

    "It is difficult for users to understand and assess the scope of the agreement accepted by them. There is considerable doubt as to the admissibility of this procedure, in particular under applicable national data protection law."

    "But they agreed to it! And they can always stop using Facebook if they want! And anyway, we're not based in your country so you can't touch us!"

    (Just setting up a few squares for a new game of Bull$hit Bingo!)

    1. big_D Silver badge

      Re: About time too!

      And those terms are actually illegal in Germany and therefore cannot be enforced...

  3. Anonymous Coward
    Anonymous Coward

    Are the Germans now going to use that argument against Microsoft and their un-agreed win 10 data slurp? If not, why not?

    1. Anonymous Coward
      Anonymous Coward

      Are the Germans now going to use that argument against Microsoft and their un-agreed win 10 data slurp? If not, why not?

      Oh, that will happen. One thing at a time - Facebook has been around for a bit too, but only changed its Terms as per 1Jan last year, so that gives you some idea of timeline..

    2. big_D Silver badge

      The "un-agreed" data slurp in Windows 10 is the same as it was in Windows 7 and 8.

      The "agreed" data slurp can be opted out of - things like location, data for Cortana etc.

      With Facebook, the terms are illegal and can't be opted out of.

  4. Anonymous Coward
    Anonymous Coward

    "Dominant"

    Yes that's right, dominant. There's no need for the scare quotes because it's a well known aspect of European Union competition law, which can occur with less than 40% market share.

    "[dominance creates] a special responsibility not to allow its conduct to impair competition on the common market"

    This confuses the yanks no end. This simple misunderstanding has probably spawned millions of forum posts, but we quite rightly have much stricter laws restricting monopolies. It's high time Facebook gets an anti-monopoly boot up its arse. (And a completely unrelated privacy boot up its other arse).

    1. werdsmith Silver badge

      Re: "Dominant"

      Faecebook wants to own the internet and become the de facto web. Faecebook are far worse than anything Microsoft, Apple or Google are doing, how many people who are quick to get sanctimonious about that evil triumvirate are keeping a Faecebook account and posting puerile rubbish on their wall every day?

      We don't need to click "like" on somebody's breakfast pic. Dump them and dump them now. When it dies its useful functionality can be replaced by something distributed that will work together with peer services in the same way that email does. So we can make a choice to use system A, and that information can be shared with other people who choose to use system B, or C or whatever.

      With Faecebook dominant we have the unhealthy situation of on corporation attempting to own something that would be better for all of us if it were spread.

      And don't be taken in by their fake altruism BS either.

      1. Doctor Syntax Silver badge

        Re: "Dominant"

        "When it dies its useful functionality can be replaced by something distributed that will work together with peer services in the same way that email does."

        Usenet?

        1. CrazyOldCatMan Silver badge
          Stop

          Re: "Dominant"

          > Usenet?

          Please don't encourage the ungreat unwashed to rediscover Usenet - I've already lived through one Endless September and I don't want to do it again..

          1. Anonymous Coward
            Anonymous Coward

            Re: "Dominant"

            I've already lived through one Endless September and I don't want to do it again

            You were embroiled in "I recycle my soap" too? That was epic, the sort of thing that you never forget.

            Does anybody know if Dhug is still around?

    2. Doctor Syntax Silver badge

      Re: "Dominant"

      "It's high time Facebook gets an anti-monopoly boot up its arse. (And a completely unrelated privacy boot up its other arse)."

      I see them more as two halves of a single operation - like hammer & anvil. The privacy charge could be evaded on the basis of "they agreed" and the agreement argument gets nixed by "no they didn't because of the monopoly".

    3. Anonymous Coward
      Anonymous Coward

      Re: "Dominant"

      It's high time Facebook gets an anti-monopoly boot up its arse. (And a completely unrelated privacy boot up its other arse).

      This is for me the first time I have ever seen Facebook described as double-arsed, which opens up a whole new universe of arseholery (to paraphrase comedian Ed Byrne about planning his wedding).

  5. allthecoolshortnamesweretaken

    From the Bundeskartellamt's press release:

    "The Bundeskartellamt is conducting the proceeding in close contact with the competent data protection officers, consumer protection associations as well as the European Commission and the competition authorities of the other EU Member States."

    1. Adam 52 Silver badge

      "competent data protection officers, "

      Not the UK then.

  6. Anonymous Coward
    Anonymous Coward

    So Facebook wont share a single item of data if it is sufficient to allow someone to identify you, but will share several items that used together can be used to identify you. Nice.

  7. Dom 3

    German courts

    I am a big fan of the German courts. They seem to be the only ones prepared to tell Big Business where to get off. E.g.:

    https://www.techdirt.com/articles/20120703/11345519566/eu-court-says-yes-you-can-resell-your-software-even-if-software-company-says-you-cant.shtml

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