Re: The new licensing model

["Lewis A. Mettler" <lmettler@lamlaw.com>]

Norm,

Norm wrote:
> 
> On Fri, 17 Dec 1999 04:11:34 -0500 (EST), Dan Strychalski wrote:
> 
> >>   But I do feel that the power you speak of is based not on some excess
> >>   larceny in the heart of management but in the licenses they are
> >>   granted to use it by not having to disclose one jot of code, along
> >>   with the rest of the world. I do not see them being unique in this
> >>   regard other than having overachieved at it.
> >
> >When a certain widely-used resource that is built into the
> >hardware is suddenly disabled in every big-name program on
> >the market, and then is magically re-enabled when the
> >monopoly is complete, there is excess larceny somewhere.
> 
>      I agree.  Whether or not there was 'larceny in their hearts' is
> irrelevant, there was at the very least a blatant disregard for what
> might be considered illegal.  That said, when you consider the level of
> deceit involved it's highly likely they knew damn well exactly what
> they were doing.

If they did not know exactly what they were doing they are ignorant in
the true sense of the word.  Incompetent is another word that would
apply.

The only thing they did not know was the actual scenario that would play
out.

But, Microsoft knew and knows their acts violation a whole series of
laws.  They have to be truly ignorant to not know that.  The same is
true with the Caldera case and the bundling of networking technology.

My guess is that drafted up a little propability table with the lawyers.

Propability that DOJ will do nothing:  ??
Propability that Netscape will not sue: ??
Propability DOJ will sue but Microsoft can win case: ??
Propability DOJ will sue and win busting up Microsoft: ??

And, so on, and so on.  

What they did not do is restrain their conduct to within the law.

Just look at the consent decree.  They simply do not care what
agreements they sign nor what the law is or means.  Their policy is to
simply ignore it, hiring more lawyers and hope they come out ahead using
deceit, fraud, lobbying and whatever money will buy to avoid fair
competition.

If competition were fair, they could lose, right?

-- 
Lewis A. Mettler, Esq.(Attorney and Software Developer)
lmettler@LAMLaw.com
http://www.lamlaw.com/ (detailed review of the Microsoft antitrust
trial)