Re: Reiser Proves Bill Gates Is Right?

[Mitch Stone <mstone@vc.net>]

In reply to charles mueller's message sent 12/31/97 12:04 AM:

>        The following communication was sent to me privately and I am
>accordingly omitting the author's name. His point, if I understand it
>correctly, is an important one.  The Justice Department claims that
>Microsoft's browser, IE, is a 'separate' product, not an 'integrated' part
>of its OS.  Justice has not, so far, asserted that any of the OTHER
>components of that OS are 'separate' products, i.e., are stand-alone product
>'markets' in their own right.

Your anonymous correspondent is correct in assessing the danger, but I 
think is guilty extrapolation. We are only in danger of sliding down a 
slippery slope when we don't attempt to establish a firm notch in the 
hillside. The other logical extreme is to treat Windows like a black box, 
the inner workings of which are completely proprietary, and the scope of 
which is entirely defined by Microsoft.

Bill Gates is fond of the "car radio" analogy to support the company 
position, but this can cut both ways. It's one thing for an auto 
manufacturer to install a car radio at the factory, but quite another to 
effectively remove the car buyer's abilty to replace it with the 
after-market radio of his choosing, and with a reasonable expectation 
that doing so will not disable the car. This becomes especially 
problematic if the after-market radio and auto industries had previously 
coexisted, and the car maker was obviously targeting the manufacturer of 
after-market radios for absorption.

The burden as I see it is on the government (or a private litigant) to 
show in these cases that the company is engaging in predatory tactics 
with the intent to conquer a previously independent industry. It is clear 
that the browser industry preexisted Microsoft's claim that IE is "part 
of the OS," and that even IE preexisted that claim. Likewise, I think 
Reiser needs to demonstrate that Microsoft is preventing him and others 
from doing what they've done before, eg., that they are purposefully 
locking out an existing industry from competing in the marketplace.

   Mitch Stone
+---
   Make money and the whole world will conspire to call you a gentleman.
                                       -- George Bernard Shaw

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