Re: No Judicial 'Pie-In-Face' for Bill?

[James Love <love@cptech.org>]

There is another interpretation of NS selling to Sun or Oracle.  If the
NN is going to be a free client for browsing the web, this benefits
Microsoft's competitors in the server market, since Microsoft will not
benefit by a monopoly in client software.

However, NS has trouble capturing all the benefits, because it is a
relatively small player in the server market.  Either Sun or Oracle have
large stakes in a competitive server market.  

In this sense, the merger would be a good fit.  

    Jamie

charles mueller wrote:
> 
>         I think Netscape's apparent decision to fold has everything to do
> with the appeals court, especially the one in Washington but including the
> others as well.  The firm is a victim of not just Microsoft's tying but also
> of its predatory pricing (zero, free), both of which are draining its
> financial lifeblood, and has no chance of getting relief from these
> anticompetitive practices in the U.S. courts--whether through the efforts of
> Justice or in a suit of its own.  With an honest judiciary--one that honored
> the constitutional right to a jury trial for antitrust victims like this
> Microsoft competitor--Netscape would be able to take care of itself, with or
> without any help from the Justice Department.
> 
>         Charles Mueller, Editor
>         ANTITRUST LAW & ECONOMICS REVIEW
>         http://webpages.metrolink.net/~cmueller
> 
>                                                 ----------------------
> 
> At 07:26 PM 2/6/98 -0500, you wrote:
> >charles mueller wrote:
> >>
> >>         The morning papers report that (1) Microsoft has moved its internal
> >> browser people into the same in-house cubicle with its Windows
> >> operating-system crew and (2) Netscape is trying to sell out to IBM, Sun,
> >> Oracle, or the like.  New York Times, 2/6/98, C3, and Miami Herald, 2/6/98,
> >> C1.
> >>
> >>         The first presumably reflects Microsoft's confidence that it's going
> >> to get a clean bill of health from the U.S. appeals court in Washington in
> >> April, one that will legalize its 'tying' ('integration') of its
> >> browser--and all other applications--to its OS. This 2d news
> >> item--Netscape's preparations to throw in the towel--suggests that it agrees
> >> with that Microsoft conclusion, i.e., that the appellate court is going to
> >> give Bill Gates everything he wants, a judicial blessing of his software
> >> monopoly across the board.
> >
> >
> >    I don't think Netscape's decision has much to do with the appellate
> >court.  I think it has more to do with the fact that the current case is
> >only one of a dozen or more ways that MS is seeking to eliminate NN, and
> >it doesn't see DOJ addressing the other 11.
> >
> >    Jamie
> >
> >
> >--
> >James Love
> >Consumer Project on Technology
> >P.O. Box 19367, Washington, DC 20036
> >love@cptech.org | http://www.cptech.org
> >voice 202.387.8030, fax 202.234.5176
> >

-- 
James Love
Consumer Project on Technology
P.O. Box 19367, Washington, DC 20036
love@cptech.org | http://www.cptech.org
voice 202.387.8030, fax 202.234.5176