To: Daniel Schuh who wrote (22520 ) 2/2/1999 12:54:00 AM From: Gerald R. Lampton Respond to of 24154
Federal Filings Newswires Copyright (c) 1999, Dow Jones & Company, Inc. Monday, February 1, 1999 DOJ Attorney Makes Short Shrift Of MSFT Demo * * * Boies, driving home his point, said that the video demonstration suggested advantages gained through deep integration in Windows 98, but these same benefits could be achieved by purchasing Windows 95 and adding Internet Explorer 4.0. Allchin agreed, but again explained that adding IE 4.0 is more analogous to a Windows upgrade than adding a separate product and it didn't matter how the consumer received the browsing ability. Boies quickly shot back that it did matter because in one instance the consumer has a choice. * * * ========================================================== The omitted parts of this article basically pan Allchin's testimony about a videotape, which Boies very effectively undermined, not devastatingly so, but very effectively just the same. I cut all that out to focus on one thing: Boies keeps going back to the "choice" theme, over and over again. I guess the government thinks this case is about choice. However, this case is not about choice. This case is about principle. As in, when is it appropriate not to follow a principle, and when should one compromise that principle in the name of some short-term goal? For example, when, in a free market economy, do we ignore the basic principle that private enterprises, not the government, should decide what actual combinations of products or services will maximize consumer welfare? Is it when the government wants to intervene so consumers will have a choice? And, are there ever instances when reprehensible conduct should be allowed to go unpunished in order to uphold and reaffirm the validity of greater principles too vital to be compromised, so that other actors in the economy will know that their right to engage in similar, if less egregious, conduct will be respected? If so, what conduct, and what principles? Just some questions to think about between now and the appeal. ;)