[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Moderately improved map of Microsoft tying evidence

I have added modest improvements to the map, based on emails sent to me.  Please send more.

Apologies for the html and ascii duplication, but it is going to be a web page....

Do you know of others who have legally useful or promising accounts of Microsoft tying activity?  I am proposing that we put together a comprehensive digest of the evidence against Microsoft, of the legal strategies that seem promising, and of the legal arguments that seem relevant.  I suggest that we evolve this brief outline into a much more detailed strategic map of our legal campaigns, and thereby ensure that evidence and strategies found by us separately are added to the arsenal of us all. Are there others who share this interest? If so, then we can make a web page, and hopefully learn much and focus our energies in the process of evolving it.

Here are the legal strategies that I am aware of:

    consent decree enforcement

    contractual tying

    interface tying

The parties suing:

    DOJ (consent decree)

    State Attorney Generals (investigating but not acting at this time)
of Connecticut, Texas, California, some others....
    (contractual tying, monopolistic practices)

    Reiser (interface tying)



    Does product integration create packaging efficiency sufficient to
legally justify tying of OS components
    (such as browsers.)?

    How do we articulate a dividing line between allowing an OS
architect to do his work, and allowing tying?

Important reference to precedent setting case for when products are separate, buried in an article about why Microsoft thinks the government's accusations are vague perceptions:
(1984 decision, Jefferson Parish Hospital vs. Hyde)

Relevant Web Pages:

http://roscoe.law.harvard.edu/courses/techseminar96/antitrust/antitrust.html, great theory articles, assorted other useful things.

The Ralph Nader group, contains anti-trust and microsoft  assessment mail archives, conference on assessing microsoft info, etc.  http://www.essential.org

Microsoft supplied info:
Cyber activists (who hate MS, of course) http://www.netaction.org/