To: TTOSBT who wrote (41796 ) 4/12/2000 11:16:00 AM From: rudedog Read Replies (1) | Respond to of 74651
TTOSBT - The issue that most concerned me was not the practices themselves. It is true to say that everyone did what MSFT did, as much as they could - but none of those other companies was MSFT. I have had this debate many times in a different context. I have several small children. My 3 year old is likely to take a toy with the promise to "share later" and then refuse to share. She may hit her older siblings when they try and enforce the original "agreement". But I regard this as semi-acceptable behavior for her - at least she is discussing rules of engagement around the use of the toys. The exact same behavior by my six year old son is not acceptable. First, he's a lot bigger, so if he decides to do some hitting, he has the ability to land a "nuclear strike" on a three year old. He also knows better - he understands that a verbal contract has consequences, and if he says he will share "later", then he will have to share when later comes around. Many of MSFT's behaviors were perfectly fine when they were the upstart underdog - and probably one of the reasons they survived. Even as a company which had developed a broader range of products and significant market clout, they could have justified those practices. But as they shifted into a more dominant role, they had the obligation to do some self-regulation, and to refrain from "beating up on the younger kids"... I even heard a little of this in Ballmer's comments. Unfortunately, a company culture is a little harder to change than an individual's behavior, and even if management had started serious efforts to change back in the mid-90s when the DOJ first started taking interest, it would have been a slow process to actually change what was happening on the ground. I believe that top MSFT management "gets it" and has for some time now, and that changes are working their way down into the organization, partly through change, and partly as the older MSFT "movers and shakers" leave, taking their notions of how to do business along with them. I have never thought that the DOJ "got it" - the case they prosecuted and the positions they took just seemed to have little to do with the issues. I initially thought maybe this was like prosecuting Al Capone on tax evasion - prosecute the case you can win. But after watching the whole circus pretty closely, I have come to the conclusion that the DOJ people really do think the case is about the issues they are raising. In a way this makes it easier for MSFT - since it is obvious that the DOJ does not really understand what is at stake and what happened, the trial and subsequent remedies turn into some kind of strange sideshow - as long as the DOJ pretends that those are the issues, MSFT will pretend to defend against them, and the public will pretend to have an opinion, while the real business happens on a completely different plane. The risk, of course, is that the "play" will actually intersect the real business.