Here a Linux / Windows article....
Microsoft: Linux poses threat to Windows
By Will Rodger, Inter@ctive Week November 20, 1998 9:59 AM ET
WASHINGTON -- Microsoft Corp. (MSFT) lawyers sparred with a government economist in court Thursday, arguing that Linux, a fast-growing but notoriously difficult-to-install operating system, poses a real threat to the company's hegemony over PC operating systems.
Microsoft attorney Michael Lacovara made the assertion in the ongoing antitrust trial here to counter arguments by government witness and former Department of Justice economist Frederick Warren-Boulton that Microsoft's 95 percent share of the market for PC operating systems presents a nearly insurmountable barrier for would-be competitors to the dominant Windows operating system.
Interestingly, internal Microsoft documents dismissed Linux as a competitor to desktop operating systems only this past summer, although they did say it posed a serious threat to the company's server software efforts. The current trial deals only with desktop software.
In written testimony Wednesday, Warren-Boulton laid out a series of economic arguments that echoed critics' views of Microsoft business practices. As he explained it, Microsoft has effectively killed the market for new operating systems by obtaining economies of scale sufficient to outspend almost any company that dares to challenge it.
In addition, he said, the Redmond, Wash., company has reinforced those barriers through restrictive licensing agreements with computer makers, Internet service providers and Internet content providers. In the case of computer makers, he wrote, contracts force companies to promote Microsoft products exclusively or lose their chance to license Windows in a timely fashion.
Microsoft focuses on Linux army
Lacovara focused on the estimated 7 million to 10 million copies of Linux that have been distributed since 1991 -- in most cases free of charge or for a nominal fee, since thousands of volunteer programmers have worked on the "open" software project since it began. Microsoft operating systems, by contrast, have an estimated 140 million to 200 million users. Lacovara presented several news stories detailing plans by major software makers such as Netscape Communications Corp., Oracle Corp. and IBM to write programs and provide technical services for users of the operating system. He asked Warren-Boulton if he didn't think these companies posed a threat to Microsoft.
"Linux is certainly at this point a niche product," Warren-Boulton replied. "Its success has largely been in the server area."
But wasn't this competition nonetheless? Lacovara wanted to know.
"I wouldn't regard it [as competition] at least at this point," Warren-Boulton said. "It's certainly not a restraint on Windows pricing."
Under traditional antitrust theory, prices charged by monopolies are relatively "unrestrained" -- that is, higher than what would be charged in a competitive market.
Linux as mainstream threat?
Lacovara, eager to prove that his client is not a monopoly, pressed further. On screens and computer monitors located throughout the courtroom, he presented images of packaging from the latest version of Red Hat, one of several popular versions of Linux. Text on the box said it included versions of WordPerfect, a once common word processor that now accounts for less than 5 percent of the world market; RealAudio software for receiving audio and video over the Internet; the Netscape Navigator browser; and more than 20 other software packages restricted to the Linux market.
Didn't that prove that computer users had a real choice?
No, Warren-Boulton said, and the financial markets proved it. Despite the recent press devoted to Linux, investors kept Microsoft's price-to-earnings ration at more than 50 times earnings.
"What financial markets are saying is we don't just expect Microsoft's profits to grow, but grow at a rate more than twice that of the market," he said.
But weren't companies like Corel Inc., Oracle, Intel Corp. and Netscape betting on Linux?
"No, that's a different bet," the economist shot back. Those companies were betting they could make a profit from producing software for Linux, not that it would somehow overtake Microsoft. Lacovara should check something else instead, he said.
"I don't know who's shorting Microsoft stock, but that traditionally has not been a good bet," a seemingly irritated Warren-Boulton said. "If you seriously believe this product is going to constrain Microsoft's profits, run, don't walk, to your broker and short Microsoft," he said to peals of laughter in the courtroom.
The 'quiet life' of a monopolist
Lacovara earlier had pressed Warren-Boulton on what he thought Microsoft had done to stay current with the market. In opening arguments, states attorney Stephen Houck had referred to the "quiet life" of the monopolist, an apparent reference to a phrase economists use to describe the lack of competition faced by utilities and other monopolies.
Warren-Boulton replied that Microsoft clearly hadn't sat on its laurels. Instead, he said the company had added features and functions necessary to avoid being supplanted in the market.
The Microsoft lawyer moved in quickly. "So this is a monopoly under which a company has to innovate and always has to be paranoid it's falling behind?" he asked.
Warren-Boulton wouldn't go that far. Since consumers and others would bear serious costs in trying to switch to another operating system, they would stick around as long as the operating system was reasonably good. That hardly meant, though, that Microsoft was on the same shaky ground other software producers inhabit. In any case, he said, "there's nothing in economic theory that tells you a monopolist won't innovate." Moreover, he said, "drawing an analogy between Microsoft and a sleepy English utility is not going to be very appropriate."
Lacovara sought to get Warren-Boulton's approval for Microsoft's bundling of its browser and operating system, but the economist didn't give an inch.
"I don't think we're talking about innovation. We're just talking about bundling," he said.
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