To: Frank Ellis Morris who wrote (16432 ) 2/18/1999 11:45:00 PM From: Lee Martin Read Replies (3) | Respond to of 74651
Doesn't the gov't have to prove that MSFT is a monopoly to win this lawsuit? My dictionary defines a monopoly as "a company or group having exclusive control over a commercial activity". The word exclusive jumps out at me. My dictionary defines exclusive as "not divided or shared with others". All MSFT should have to prove is that Windows shares the OS market with Linux, OS2 etc. and Internet Explorer shares the browser market with Navigator. It doesn't matter what share of the market MSFT has as long as it's not 100%. The gov't says that MSFT did some arm twisting to get co's to use it's products instead of its competitors. This is called good business and ALL of the big co's cut deals like this every day. CSCO has tried to put ASND out business for years by cutting deals with ISP's that were looking at both co's products. ASND would have the best product but CSCO would get the contract because CSCO could twist the ISP's arm over other pending contracts for CSCO proprietary equipment. In other words, if you're an ISP using CSCO proprietary equipment (routers etc.) and CSCO IOS software and you want to buy some RAC's from ASND, CSCO will offer to cut you a better deal on their routers etc. if you buy from them. If you don't play ball, you'll pay a higher price than other ISP's who will. Is this right? No. Is it illegal? Apparantly not. Is it done every day around the world? You betcha. Will they be able to continue this after ASND becomes part of LU? No, Ma bell is gonna be the one doing the arm twisting. Until then CSCO will continue with the same practices they have for years because nobody considers them a monopoly. MSFT does exactly the same thing but now enough competitors have gotten together and petitioned the gov't to declare them a monopoly. If they can prove MSFT is a monopoly, these tactics are illegal. If they can't, they're just practicing good business. So I go back to my original question; does the gov't have to prove MSFT is a monopoly to win, and thus be able to propose some kind of remedy? If the answer is yes, how will they be able to prove Linux and NSCP don't exist so that MSFT will meet the definition of monopoly? All answers to these questions are welcome. Thanks,Lee