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


To: ed who wrote (10574)9/8/1998 1:05:00 AM
From: Charles Tutt  Read Replies (3) | Respond to of 74651
 
Yes, it is complicated, but I don't think what you've written helps. And that life is complicated doesn't excuse illegal behavior.

At one point you seem almost to be saying that if one disagrees with a law (i.e. it's a _bad_ law), then one need not obey it. As a child of the sixties, I'm well aware of that line of reasoning. Note, however, that acting on that argument carries with it costs.

Furthermore, while your argument recognizes the existence and necessity of a legislature, you ignore the fact that the legislature passed the antitrust laws and has chosen not to repeal them.

The only other prong I detect in your argument is that civil enforcement doesn't count -- only criminal. I hope for your sake you're not basing your investment decisions on that kind of thinking.

JMHO.



To: ed who wrote (10574)9/8/1998 8:51:00 AM
From: ToySoldier  Read Replies (1) | Respond to of 74651
 
Getting back to the facts / questions you just brought up (I can filter out the insults between your points)...

We are talking about the point you brought up in the first place and that is: if a law is broken so many times then its likely an outdated law.

Based on this argument, I put it into another perspective which is just as relevent to your argument. If so many businesses / people break the laws of the country - acording to you and Krnjeu - then the laws must not be outdated and removed or revised. Well that law can pertain to personal as well as business Mr. Ed. In other words, if people murder people all the time or speed all the time and break the law - then your logic is that the law must not be valid anymore. Of course, this is not the case!

As for Legislators - maybe you might want to read up on what their role is. Their main job is to create new laws and amend old laws. And before you begin to type "Gotch Ya" - amending old laws usually means to the tougher or more stringent - not to abolish them.

Let me ask you a very simple question. Do you actual believe that the Sherman Anti-Trust laws serve no purpose in the business world? These anti-trust laws are a valid today as they were the day they were written. A monopoly is a monopoly - the tactics on how a company like MSFT abuses their monopoly might change but the basis and reason for the law is still valid. In fact - I believe that the Anti-trust laws should be more stringent and better defined as that companies like MSFT can't pick holes through them with silly arguments like "Exactly what is a monopoly".

As for what is a monopoly. There is no question that MSFT has a monopoly of the Intel computer based Operating Systems. If you can mutate this somehow to say that is not true then I think I know what your profession is - you must be a defense lawyer! I believe MSFT's monopoly in this area is about 94% last I heard. From what I remember, a monopoly is when a company holds more than 84% of the marketshare of a specific product or service area. So dont start this stupid "What exactly is a Monopoly" garbage. MSFT's DOS/WinX/Win9X Operating Systems is a monopoly! Plain and Simple - the way you like it.

What caused the monopoly, well there is a current court case going on right now against MSFT initiated by Caldera who currently owns DR-DOS that has one clear idea what caused the monoploy - MSFT's early abuse of Anti-Trust type activities when their Marketshare was only a bit lower. If you want to go further back as to what caused the monopoly - it was more a matter of good luck - good timing - and partnership with a big & stupid bed partner at the time (IBM). It had very little to do with product superiority Mr. Ed. So dont get on your horse and tout that MSFT has a monopoly because of superior technology - it had very little to do with that.

Dont get into a pissing contest with me on the history of MSFT's clear monopoly and the how poor little MSFT is being picked on by the bad old Government. They have consistently broken the anti-trust laws and it was only a matter of time before the Government HAD TO STEP IN!

Finally, if you or some of the other Pro-MSFTers take offense at the MSFT negative points I have to say, do you really think I care. I only am more offensive to people that make dumb MSFT defending comments like you and Krnjeu just brought up this weekend. Its not as if a person on this board who is not a Pro-MSFTer gets any respect on here anyways. So I really dont care what level of respect to provide me - now do I.

Cheers

Toy



To: ed who wrote (10574)9/8/1998 9:58:00 AM
From: Daniel Schuh  Read Replies (1) | Respond to of 74651
 
Ed, since you seem to have found plenty of other people to argue with, I should stay out of this, but with a post like this it's hard to resist.

Your mind seemed to be set, it is stubborn, stupid and foolish. I am sorry to be that way, i.e personal attack, but you started it.

He did? Toy said you made some stupid statements. You turn around and make what looks to me to be a pretty encompassing and personal statement. Why didn't you just call him a communist and Microsoft hater?

If your theory is correct, that all the laws are good , and reasonable and can fit well in our modern society, then we do not need any legislators.

Uh, what theory was that? Here we move from the ad hominem argument to the straw man argument. As near as I can tell, Toy was arguing that conviction is not guaranteed for breaking many laws doesn't mean the laws are obsolete. He didn't say "laws are good". Homicide didn't look like much of a crime to John Gotti, either, for a long time.

It is a topic much complex than you can imagine , especially with a simple mind. The world is not just black or white, it is not a straight line at all.

Uh, who makes the argument that antitrust is simple? Certainly not me. The last time I (foolishly) tried to have a legal debate with the Mind of Reg(TM), I was informed that it's all quite simple, Microsoft has done nothing wrong. The reasoning was somewhat opaque to me, as near as I can tell it came down to the John Gotti defense, I've certainly never claimed the law was simple. Naive high school civics guy says there's a process to follow if the law is ambiguous. "We must be free to intimidate/ imititate/ integrate/ Oh, yeah, Innovate, that's the ticket" doesn't seem to have much to do with the legal question. Especially when the right to innovate begins and ends with Microsoft. There's a new line about, the application program formerly known as the internet browser no longer exists in Microsoft terminology. Now, it's just bits of "browser technology" scattered here and there in Windows. Thing about the law, lawyers and judges are the ones who are supposed to know about it, but they don't get much respect around here, unless they come down on the right side of the argument.

Here's a bit of old news from the other thread, with relevant quote.

Witness Lists Suggest Strategies of Microsoft, U.S. nytimes.com.

Absent from the Microsoft witness list is Gates, known as a brilliant and energetic executive who is involved in every important decision made at the company.

That's the Bill we all know and love, right?

Gates was omitted from the witness list, Murray said, because the eight executives included were those on the "front lines of each of the issues raised in the government's case; Bill Gates was not as directly involved in these issues."

Huh?

Yet the Justice Department and states contend that Gates is the central figure in Microsoft's strategy in the Internet software market, and his memos and e-mail correspondence are a key part of the evidence in the case.

Again, the Bill we all know and love.

One person who was at the recent videotaped deposition of Gates said that Microsoft's lawyers might have determined that putting him on the stand could hurt them more than it helped. "He's so argumentative and contentious," this person said, "that Gates kind of took himself out of contention."

During the deposition, Gates not only professed to many memory lapses but, this person said, disputed seemingly innocuous facts like definitions of computing terms that appeared in Microsoft's own documents. Gates, this person said, also professed not to know the level of Microsoft's sales and profits and not to know the share of the operating system market held by Microsoft's Windows.


In addition to the slippery neologistics of computing terms, more basic English vocabulary is under attack here, as when "honesty" is narrowly defined as getting the Chinese to pay for Microsoft software. I don't know how to argue about stuff like this, which is why I tend to stick to sarcasm. That's just my personal hobgoblin-induced small mind problem.

Cheers, Dan.