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Re: The Microsoft Question
The point of our discussion is to come to an understanding of the legal
concepts at play in the MS drama. Those concepts are concerned with MS's
behavior in the marketplace, not on the quality of MS product
(necessarily) nor the lack of quality on the competition, not even the
question of whether Gates it too rich or not. There is plenty of smoke
blown about on the points of quality and success and they do play well in
the public relations area, but the laws of anti-trust pretty much ignore
quality and focus on behavior. In this case and in those objections raised
by Nader (for which see his Slate article) the claim is that MS has used
their position of a near monopoly in the OS area to coherse (sp) hardware
manufacturers (a cadre of near monopolies themselves by most counts) into
bundling non-OS-related MS products unfairly edging out competitors.
Nader claims that MS is a new kind of creature in some ways, but is
exhibiting behavior which should be subject to anti-trust action
nonetheless. (see John Markoff's article in NYTimes at
http://www.nytimes.com/library/cyber/week/100697nader.html).
MS has a considered response at http://www.microsoft.com/corpinfo/ a link
which may also be found on our syllabus.
In that alone, MS is an interesting case at an interesting time (the time
being in part constructed by a nearly 15 year lull in anti-trust actions).
But the MS case and situation also raises and will continue to raise
important questions relating to access and control of information as
regards to publishing and broadcasting especially as MS moves into city
guides, TV and magazines. My feeling is that this case and those likely to
follow will be important as any that we will be seeing in the new
communications industry for some time. It is important to try to
understand the issues what is at stake here. Gut opinions are not
enough--on either side of the issue. Can we find a basis in previous
business behavior of other companies that will help us in understanding
this case? Say that of Standard Oil, IBM or ATT?
BTW I, nor anyone else, expects Bill Gates to become bankrupt from
anti-trust. If history is consistent, Gates will become richer and more
diversified just as did Rockefeller, Morgan, Duke, and Carnegie. Bill is
easily as creative a competitor as any of those before him.
==========================================================================
Paul Jones
Certified Black Helicopter Pilot *** Unwitting Dupe of One World Gov'ment
http://sunsite.unc.edu/pjones/ The Unix Web Server Book (Ventana 1997)
pjones@sunsite.unc.edu voice: (919) 962-7600 fax: (919) 962-8071
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