To: John F. Dowd who wrote (11325 ) 10/15/1998 4:00:00 AM From: Daniel Schuh Read Replies (2) | Respond to of 74651
Refutation, indeed. Dowd, you know that the current Sherman suit is not the same thing as the previous consent decree action. Don't you? I assume you merely find it convenient to conflate the two, as Microsoft does. Bill's used that line himself, but somebody else saw through it. From an old article in Bill's former favorite, the pinko Economist:However, Bill Gates should hesitate before he pops the champagne. Whether or not Microsoft indulged in “tying” is not the key point at issue in the broader case. True, that question matters because the DoJ believes that Microsoft has used tying as a tactic to maintain its market power. More important, though, is whether, as a monopolist, Microsoft has behaved in a way that is inconsistent with its legal responsibilities. The appeals court did not deal with this charge. Mr Gates, writing in The Economist two weeks ago, also dodged the issue. Yet the evidence, much of it in the form of emails sent by Microsoft employees, is disturbing. (http://www.economist.com/editorial/freeforall/microsoft_case/ld5082.html) On more or less the same topic, a more current article, Microsoft Retort Reinterprets Gates E-Mail nytimes.com A little snippet from a current article, for amusement only.The notion that Gates, the nation's wealthiest person and the head of the company that dominates the personal computer software industry, would be the supplicant in any business meeting leaves Microsoft's critics unconvinced. "You would expect Microsoft to take positions that at least pass the laugh test," said Kevin Arquit, a partner at Rogers and Wells, who is a consultant to Sun Microsystems Inc. a Microsoft rival. "This paper suggests that Microsoft is worried about the evidence that is going to come out in the trial." (from nytimes.com , "Microsoft Retort Reinterprets Gates E-Mail") As I stated elsewhere, I'd personally be quite disappointed if Microsoft positions on this matter passed the laugh test. It would make the whole thing far less amusing, sort of like the Intel antitrust matters, which must get 1% of the press. Intel's got a different legal approach, though. Understand the law, try to stay within it, at least technically, and leave your legal troubles to the lawyers. Most people don't really want to know about antitrust matters. Microsoft must be free to innovate, though, and their legal strategy here certainly is innovative. Amusing too, at least to some. Cheers, Dan.