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To: Daniel Schuh who wrote (22954)3/11/1999 9:43:00 PM
From: Bearded One  Read Replies (3) | Respond to of 24154
 
This whole Microsoft line amazes and upsets me greatly.

It upsets me because I have friends who work at Microsoft, and their pain is only going to be increased by the Alice-in-Wonderland memos they are receiving from up-top.

It amazes me for pretty much the same reason that Microsoft's confidence amazes everyone else as well. How are they going to stand on their court record when Jackson is going to throw all most of their depositions out as not-credible? WHAT F***ING RECORD are they talking about?

It also amazes me because when they lose this thing, they are opening themselves up to shareholder lawsuits, as in, "you guys shoulda told us you were going to lose, and why did all of your insiders sell all those shares in the last year during this lawsuit?"

These guys have truly created an island of reality unto themselves.



To: Daniel Schuh who wrote (22954)3/12/1999 2:15:00 AM
From: Rusty Johnson  Read Replies (1) | Respond to of 24154
 
Will Trustbusters Try to Force Windows Open?

Business Week Online

What happens if Microsoft loses its antitrust suit--or winds up settling with the government before Judge Thomas
Penfield Jackson rules? Experts from the Justice Dept. and from the offices of 19 state attorneys general are feverishly
trying to devise appropriate remedies. While no final decisions have been made, the proposal that's generating the most
buzz is a so-called mandatory licensing plan. It would require Microsoft Corp. to auction off the Windows source
code--the underlying software commands that make the product work--to two or three other companies that would then
create their own versions of the operating system.

The theory behind this approach is that it would eliminate the monopoly that Windows enjoys among desktop computers
and would create a new competitive market in operating systems. At the same time, it would not be as complex as
breaking up the company.

BABY BILLS. That's one reason trustbusters are unlikely to support a proposal floated last month by the Software &
Information Industry Assn. (SII)--to divide Microsoft horizontally into three companies: one with the operating system,
one in applications, and the third in Internet products and services. Additionally, ''it would still leave an operating system
monopoly that we have to worry about,'' says a lawyer for one of the states. Another alternative--a ''vertical'' breakup into
three ''Baby Bills,'' would curb the monopoly but could harm consumers by spawning incompatible versions of Windows.

And given the genesis of the Justice suit--it arose after Microsoft allegedly violated an earlier consent decree--trustbusters
don't want a remedy that Microsoft can wriggle out of. ''There's a real feeling that Microsoft is perhaps not as ready to
follow the rules as other companies,'' says Iowa Attorney General Tom Miller.

That's what makes mandatory licensing appealing. According to two attorneys on the committee that is studying the issue
of remedies for the AGs, mandatory licensing is now favored by most of the states. An array of respected academics also
endorse the idea, including University of Iowa antitrust expert Herbert J. Hovenkamp, Georgetown University's Steven C.
Salop, and the John F. Kennedy School of Government's F.M. Scherer. Justice and its antitrust chief, Joel I. Klein, are
not ready to sign on. But the department has a remedies team that is currently considering the idea as one of several
options.

But mandatory licensing has some practical problems. Like the Baby Bills approach, it could fracture the Windows
standard and make the market less efficient. That's the main reason SII and the Association for Competitive Technology
(ACT) put out position papers opposing mandatory licensing.

''EVERY SECRET.'' Then there's the potentially fatal flaw to the mandatory licensing scheme: What if nobody wants to
license Windows and go into competition with Microsoft to sell the operating system and develop upgrades? That would
require ''a massive development and distribution system to compete with Microsoft--which already has a smoothly
running machine and knows every secret about Windows,'' says Palo Alto (Calif.) attorney Gary Reback.

That does not take away the allure of mandatory licensing for trustbusters who see it as a far simpler approach than trying
to dismantle Microsoft. And, proponents say, the issue of keeping a single Windows standard intact could be addressed
by forcing Microsoft and its licensees to work together in a group that would set standards. Perhaps. Now, all they've got
to do is find companies willing to play that game with Microsoft.


By Mike France, with Steve Hamm, in New York