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Technology Stocks : How high will Microsoft fly? -- Ignore unavailable to you. Want to Upgrade?

To: Art Bechhoefer who wrote (32470)	11/6/1999 9:26:00 PM
From: Duane L. Olson	Read Replies (2) \| Respond to of 74651

Art, You are absolute correct, imho, that there is rather little chance that Judge Jackson's Findings of Fact would be overturned on appeal. On the matter of monopoly, however, (and I may be a bit rusty from my BusLaw classes), there is nothing particularly illegal about having a monopoly, whether that be 80%, or 95%, or whatever. In fact, I would guess that QCOM will end up with a virtual 100 percent monopoly on CDMA, when all that is left is CDMA (pardon a little liberty with the facts there)... However, certain actions taken by a monopolist are illegal, even if the same actions, taken by another business in a more competitive situation, would be legal. I'm really surprised to find more than a few strays who would have EVER thought MSFT wasn't a monopoly.... and a well-deserved one, imho, until they started going after NSCP. Their out-maneuvering of IBM was a masterstroke1 (I'm and ex-IBM-er). But also, imho, MSFT went MUCH too far... once they had their monopoly, they abused it, much to the detriment of the consumer. In that regard, Judge Jackson's decision is truly a "Conservative" one, in the early, free-enterprise, capitalistic sense. Judge Bork, not generally considered a "flaming liberal" strongly supports the decision. Perhaps a few misanthropes like Bob Novak will dissent, but I think the general run of free enterprise conservatives and libertarians will largely, loudly applaud the findings. Certainly there should be many more opportunities for the REAL free-enterprise types, the little entrepreneurs who are just aching to get to market, if they can do so without the fear of being crushed by the Microsoft juggernaut... Just MHO, of course.. tso

To: Art Bechhoefer who wrote (32470)	11/7/1999 9:55:00 AM
From: John F. Dowd	Respond to of 74651

AB: The fact that others have left the playing field and MSFT has a de facto monopoly presence in the desktop market is really not an issue and hardly a great judicial finding. The thought that they have abused this position of dominance to the harm of the consumer is what is at stake. To this point the judge refers to what might be and not what is. Regarding the stifling of innovation he cites virtual innovation that has not even arrived in the brain cells of future inventors. This is Isaac Asimov stuff. JFD