>>> Can the same be said for NSCP, SunW, IBM and ORCL? Do they have to open up thier internal code to give a everybody fair access to thier respectively monopolized markets?
Since when is NSCP a monopoly? Because they have a majority of the browser share? This does not a monopoly make. I think that it would be hard to show any market patterns that indicates that they are a monopoly. What market does SunW monopolize? Yes, IBM has had a monopoly in the mainframe market, and they have been treated in the legal system as a monopoly - no inconsistencies here. But, according to Lessig's boxes, I think that it has become background/contested. There is no demonstratable case that IBM holds any sort of chokehold on the future of computing (e.g. evidenced by failure of MCA, OS/2, etc.) Indeed, government legal proceedings against them have long since been dropped. What market does ORCL monopolize? Relational databases? ORCL holds no monopoly here. They have not been able to control the industry. Moreover, while their marketshare is larger than any competitor, it is still much less than even 50%. Also, RDBMSes have become commodities, and ORCL has nothing that it can wield to monopolistic advantage. Most people rely on standard SQL. Sure they have Object extensions, but in this area they have not demonstrated any control over standards. |