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The law is fairly clear on this point: although one may obtain a monopoly through entirely legal means, it is unlawful to engage in anticompetitive conduct in order to sustain or expand that monopoly. The court found today actual "conscious predation," which implies but is far worse than merely prohibited exclusionary conduct. I think you would have to go back to the 1911 Standard Oil case to find a court decision this damning against a major American corporation, and that ended up as the poster child for structural remedies. It is pretty obvious from reading the court decision today that the judge is not thinking in terms of whether Office will run on Linux; the court already ruled in November that Linux was in no position to threaten Windows market dominance either now or for a reasonable time into the foreseeable future. The court certainly would have the power to force Microsoft to support Office on Linux, but the meat of the ruling is the "middleware" issue involving web browsers and Java, and that militates toward splitting off the operating system division as a separate company. My guess is that the judge was heavily influenced by the extreme position taken by Microsoft as a legal defense: denying that operating systems can be a market segment, denying that a monopoly position exists in Windows, having a chairman who gave a horrifyingly evasive deposition where he denied even knowing the people who report to him, and memorably faking a demonstration introduced under oath which could not be replicated once the fakery was caught. By the time you are cross-examining the medical examiner, you may as well concede that the body autopsied is really dead. -- Mike On Tue, 4 Apr 2000, Derek Martin wrote: > No such condition exists with software. The lack of competition is due to > Microsoft's relentless pursuit of their competitors, the end result of > which is a kind of modern-day, "civilized" version of genocide... of > software companies. - Subcription/unsubscription/info requests: send e-mail with "subscribe", "unsubscribe", or "info" on the first line of the message body to discuss-request at blu.org (Subject line is ignored).
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