Re: Intellectual property? Is it a taking? Read Section 6 of Sherman

[Hans Reiser <reiser@idiom.com>]

The laws on forfeiture have never been gentle ones, and Section 6 of Sherman
makes pretty clear that any time the US wants to seize goods owned pursuant to a
conspiracy to restrain trade it can go and do so.

I think the US should forfeit all of Microsoft's software to the United States
in accordance with Sherman, and their not doing so is just because they are a
bit wimpy over there at the DOJ.

This business of takings clause protection is just so much nonsense, in my not
so humble opinion.  This is a penalty for a crime, and it is a protective
remedy.  Taking property as punishment for a crrime is highly constitutional.
People need to get it through their heads that violating the antitrust laws
really is a CRIME, and that there are criminal penalties that deserve to be
enforced.  Not doing so is an unconscionable abdication of the responsibility
that Senator Sherman imposed on the DOJ that has unfortunately become a
tradition at the DOJ.

There, have I alienated everybody, friend or foe of MS, that is still living
yet:-)....

The DOJ seems to be improving; I hope they don't settle for cosmetic remedies
like in 1992.  Criminal penalties are called for.

Hans

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