Portability

“ What we’re not troubled by, in that world, is something that is a lock-in that’s deliberate and meant to sell the product. If people need something to happen in those content management systems, to increase their flexibility, to allow them more portability, to make it easier for them to interoperate with other things they also want to use, it will get done. ”

“ Fig. 4.—Weldon rangefinder.
The merits of different field rangefinders depend mainly upon the balance of advantages they offer with respect to accuracy, suitability to variety of ground, simplicity, portability, and durability, these conditions being of a more or less conflicting character. The following are recognized principles: (1) the naked eye cannot with certainty appreciate less than one minute difference of angle, therefore telescopic power is necessary in proportion as the base is short compared with the range; (2) telescopes of high power cannot be steadied by hand alone ”

“ People will tell you "No one can own the Internet!"— but the fact is that while you may own your computer, you do not "Own the Internet" any more than owning my own telephones or PBX exchanges means I own telephone networks that belong to The Telephone Companies. The corporations that own the physical wires and cabling, they are the ones who own the Internet, and right now that system is being sold to The Telephone Companies, and your "rights" to the Information Superhighway are being sold with them. ”

“ Computer technology is increasingly removing technical limitations as to the types of enhanced services that may be offered. Yet, a classification scheme which would categorize enhanced services as either communications or data processing inherently limits the types of services that an unregulated entity may offer. The reason for this is clear. Providers of data processing and other computer services acquire the necessary transmission facilities from communications common carriers pursuant to tariff, and resell this transmission capability as part of their enhanced offering. ”

“ In essence, our efforts up until now have focused on increasing consumer choice and have resulted in non-discriminatory access to the tele-communications network for connection of non-carrier provided equipment. This has allowed consumers to exercise their rights in the selection and use of terminal equipment that best suits their needs. Moreover, it has opened up various segments of the equipment market to new entrants. ”

“ Each such separate corporation shall obtain all transmission facilities necessary for the provision of enhanced services pursuant to tariff, and may not own any network or local distribution transmission facilities or equipment. ”

“ It would also be most serviceable if it were provided that all goods released from cold storage for interstate shipment should have plainly marked upon each package the selling or market price at which they went into storage, in order that the purchaser might be able to learn what profits stood between him and the producer or the wholesale dealer. Indeed, It would be very serviceable to the public if all goods destined for interstate commerce were made to carry upon every packing case whose form made it possible a plain statement of the price at which they left the hands of the producer. ”

“ Proprietary information.—Any entity which establishes standards for telecommunications equipment or customer premises equipment, or generic network requirements for such equipment, or certifies telecommunications equipment or customer premises equipment, shall be prohibited from releasing or otherwise using any proprietary information, designated as such by its owner, in its possession as a result of such activity, for any purpose other than purposes authorized in writing by the owner of such information, even after such entity ceases to be so engaged. ”

“ In view of the many changes that have occurred in the telecommunications industry in recent years the validity of permitting carriers to bundle terminal equipment and transmission service charges at any level is highly questionable. In general, bundling of goods and services may restrict the freedom of choice of consumers and restrains their ability to engage in product substitution. [51] Unless the goods and services in the bundle exactly match the preferences of consumers, consumer satisfaction may be reduced by bundling. ”

“ And as further pointing out the characteristics of the public use justifying the fixing of prices, it will be noted that, with the exception of toll mills (which, however, to employ property devoted to a public use) , they all have direct relation to the business or facilities of transportation or distribution,-to transportation by carriers of passengers, goods, or intelligence by vehicle or wire; to distribution of water, gas, or electricity through ditch, pipe, or wire; to wharfage, storage, or accommodation of property before the journey begins, when it ends, or along the way. ”

“ The conclusion of the Court, therefore, allows the mere business convenience of the company (it saves storage tankage) to convert into interstate commerce that which all the parties, by their contract and conduct treated, and charged and paid for, as an intrastate transportation, and thereby subordinates, in my judgment, the substance to the merest form of the transaction. ”

“ Without the instantaneously available market information provided by private wire connections, an over-the-counter dealer is hampered substantially in his crucial endeavor-to buy, whether it be for customers or on his own account, at the lowest quoted price and sell at the highest quoted price. Without membership in the network of simultaneous communication, the over-the-counter dealer loses a significant volume of trading with other members of the network which would come to him as a result of his easy accessibility. ”

“ On the contrary, the user must be for the people at large,-for travellers,-for all,-must also be compulsory by them, and not optional with the owners,-must be a right by the people, not a favor,-must be under public regulations as to tolls, or owned, or subject to be owned, by the State, in order to make the corporation and object public, for a purpose like this. ”

“ That it has become the law and usage, and is one of the necessities of the express business, that the property confided to an express company for transportation should be kept while in transit in the immediate charge of the messenger or agent of such express company. ”

“ Broadly speaking though, there are also supply-side and demand-side ‘crises’ in the monograph world.
This is where open access plays a role, at least in one respect. OA rests on a specific economic form called ‘nonrivalrous commodity exchange’.37 This form, which requires digital dissemination, is one wherein the ‘use’ of a commodity does not entail somebody else’s inability to use it, meaning that the costs no longer inhere in reproducing objects but instead in the labour required to create the first copy. ”

“ For almost a century, our law has recognized that companies who connect you to the world have special obligations not to exploit the monopoly they enjoy over access in and out of your home or business. ”

“ That reasons of economy and convenience or even of necessity arising from the absence or prohibitive cost of storage space at the immediate point of distribution might lead him thus to locate his storage operations, and thereby incur the necessity and expense of hauling the goods from storage to market, hardly could be held to make the interruption an incident of transit rather than one of his own business policy and interest. That he may secure the same advantages by using the storage facilities of others for like purposes, rather than his own, does not change the result. ”

“ The parcels post service of European countries is entirely satisfactory to the people, is cheaper than the pretense of a parcels post service which has victimized the people of this country for a half-century and far cheaper than the rates we have been forced to pay for express service.
16. As it was originally designed, and so provided by law, that our government should have a monopoly in the carriage and delivery of packages and parcels, the express companies in this country—all of them—have been and are engaged in an outlawed traffic. They are criminals. ”

“ That fully recognising, as one of the first duties of a Government, the protection of the public interests, by economising the public resources, the mode adopted for doing so, by closing at short periods and re-opening to 30 public tender these large Contracts for the Mail Service, is neither effective for benefiting the public, nor altogether equitable as regards the interests of those private parties who had embarked capital in the formation of the extensive steam navigation enterprises, by means of which these important postal communications were first established. ”

“ The company contested the constitutionality of this law, and the case came to this court, where it was said that a telegraph company occupies the same relation to commerce, as a carrier of messages, that a railroad does as a carrier of goods. Both companies are carriers, and their business is commerce itself. ”

“ One result may be an indirect forcing of currently unregulated entities to acquire common carrier status in order to obtain the same degree of flexibility afforded a resale common carrier." Id. We perceive that the impetus for this to happen will increase as the computer processing applications and technologies continue to evolve and grow. In addition to increasing the scope of Commission regulation, the specter of potential regulation may impose artificial barriers to entry. Here also, this effect may grow in significance as technology advances. ”

“ Hence the adequacy of existing services for normal needs and the willingness and ability of an existing carrier to render the service are not the end of the matter. The 'distinct need' of the shipper may nonetheless not be served by existing services, if the new service is better tailored to fit the special requirements of a shipper's business, the length of its purse, or the select nature of the delivery service that is desired. ”

“ To sum up: there are important differences between the letter and parcel traffic: (1) the letter traffic is a monopoly in which the more profitable business belongs to the State as well as the unprofitable, while the parcel business is not a monopoly, and any traffic which proves profitable may at once attract private competition; (2) in the letter traffic the cost of transmission for a given distance is negligible, and in the parcel traffic it is important ”

“ Our action today is only another in a series of steps to isolate terminal from transmission offerings, increase consumer choice, and to open equipment markets to full and fair competition. By striking down carrier-imposed restrictions on requiring equipment interconnection over a decade ago, we foreclosed carriers from offering only the single option of end-to-end communications service. ”

“ I repeat that an owner of property is entitled in the exercise of his rights and satisfaction of his needs to demand service of the carriers to which he has relation according to his rights and needs, and in the order of their requisition, and the ability of the carrier. ”

“ Taken together, these proposals would put the control of the computer back in the hands of the owners of the content and the operating system, and control of the network users' choices in the hands of the person who sells them their bandwidth. At the same time, our intellectual property agenda is filled with proposals to create new intellectual property rights or extend old ones. That is the openness aversion in action. ”

“ For from one side of the platform a set of active porters are centripedally wheeling from different spring-waggons innumerable packages to the recording clerks, as eagerly as from these clerks (whose duty it is to record the weight of every article, and to affix to it the Company’s printed charge for conveyance to its address) other porters, equally active, are centrifugally wheeling other packages to various railway vans, which, as fast as they can be filled, are drawn away from the despatching side of the platform, and immediately replaced by empty ones. ”

“ Various devices, now doubtless forgotten through disuse, were then in constant requisition; thus letters for travellers and others in the trade were habitually enclosed in the parcels sent by the great London booksellers to their customers in the provinces; similar use was [302] made of warehousemen’s bales and parcels, and of boxes and trunks forwarded by carriers; as also of what were termed “free packets,” containing the patterns and correspondence of manufacturers, which the coach proprietors carried free of charge, except fourpence for booking. ”

“ On the other hand, the corporations often had the advantage of underground connections which were denied to the company, but the relatively small number of the subscribers of the corporation telephones, the high cost of underground connections, the clumsy service offered in many cases, and the ability of the company to offer lower rates in competitive areas proved too much for most of the corporations which were granted licences. ”

“ That is to say, the existence of such a power in its essence would enable a carrier, if it chose to do so, to select the favored persons from whom he would buy, and the favored persons to whom he would sell, thus giving such persons an advantage over every other, and leading to a monopolization in the hands of such persons of all the products as to which the carrier chose to deal. ”

“ No member or member organization shall establish or maintain any wire connection, private radio, television or wireless system between his or its offices and the office of any non-member, or permit any private radio or television system between his or its offices, without prior consent of the Exchange. ”