To: Paul Fiondella who wrote (28888 ) 11/11/1999 7:53:00 PM From: Scott C. Lemon Respond to of 42771
Hello Paul, > You know Scott you do not seem to know that under our legal system, > a monopoly that engages in actions that violate anti-trust > provisions of US law MUST BE TREATED DIFFERENTLY from companies > that are not monopolies and do not violate the law. Yes, I know very well that I am not an expert on anti-trust law, especially involving a suit with this type of visibility and scope. Actually ... I'm not sure if anyone is ... From the people that I have been discussing aspects of the case with, they have indicated that this is very new ground ... and there are a lot of issues to address. Are you stating that in the definition of the anti-trust laws it defines the ways and criteria by which a company, declared a monopoly, must be treated? Or simply that if found a monopoly, the government/courts have descretion over what actions they take? I'd like to learn more about this ... My point on the APIs is related to various peoples comments. If anyone here thinks that Microsoft is the only company that doesn't completely document APIs, they are sorely in error. I can give countless examples. And if we are going to insinuate that this is an act that violates law (even anti-trust law) then there are numerous companies that are in the same boat. > Microsoft will have many significant restrictions on its activities > that the Wild West atmosphere of the computer industry hasn't yet > come to grips with. I can only anticipate the great amount of thought that will have to be put into the planning of such restrictions. Obviously there are numerous people who are looking at the situation, from the judge, to appeals court judges, to politicians. And the financial and economic impacts will be reviewed ... I agree completely ... not too many people have really, and fully, thought through the broad ramifications of the potential restrictions that could be applied. I guess this is my main point ... many of the comments being thrown around as "solutions" seem to demonstrate a lack of depth and research ... something that I'm sure the judge will not do. > It was stupid of Gates to put the industry into the position that > he has, but that milk has been spilled. I agree that the situation has been created, but I still can not understand how you simply "stop" at some point in the game. It seems to me that Microsoft did exactly what I would have expected. It grew at a tremendous rate, surrounded by unworthy competitors, until it reached a point of complete dominance, at which point new forces stepped in and have changed the environment. I look at this the same as other forms of biological development and evolution. It seems that a species which is able to thrive in a particular environment will do so until it has exhausted/violates the resources it depends on (a parasite which kills it's host) or until something in the environment changes which changes the natural order of things (a new predator arrives). Until then, the species keeps going ... (Obviously it appears that Microsoft ran into flavors of both of these ... ;-) > When a market is determined to be "monopolized", the monopoly must > be removed to level the playing field. I would agree that the playing field must be leveled ... Scott C. Lemon