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I filed suit regarding Microsoft's violating Section 1 of the Sherman Anti-Trust Act
I thought it might be of interest to this list that I filed the following
complaint (summons to be served on Microsoft today) concerning Microsoft
engaging in interface based tying, and requesting that the Windows and
MS-Office products be forfeited to the United States pursuant to Section 6 of
that act. If there are those of you on this list interested in suggesting
arguments or evidence concerning this, or that have comments on the relevant
case law, that you think I might benefit from while composing my brief,
please let me know.
I would be especially interested if any of you have first-hand experience with
Windows 98 and the Netscape browser that would allow you to provide expert
witness testimony in support of it acting as a restraint on trade with
Plaintiff: Hans Reiser
6979 Exeter Dr.
Oakland, CA 94611-1625
UNITED STATES DISTRICT COURT for the NORTHERN DISTRICT OF CALIFORNIA
Division: ________________________ Case Number:___________________________
Complaint: Restraint of Trade --- Hans Reiser vs. Microsoft Corporation
1) Venue is proper within the Northern District of California in that damages
property and person occurred in this district.
2) Plaintiff Hans Reiser is a natural person, U.S. Citizen, and resident of
3) Microsoft Corporation is a corporation with headquarters located at One
Microsoft Way in
Redmond, Washington, in King County, which is believed to be doing business in
and is believed to be a corporation of the State of Washington.
4) This action arises under the Sherman Anti-Trust Act (15 U.S.C.A Sections
1-7), 15 U.S.C.A
section 15, and 15 U.S.C.A section 45.
5) Microsoft employs the use of tying by control of interface/integration
(hereafter referred to as
interface based tying). This violates the prohibition against restraint of
trade in section 1 of
the Sherman Anti-Trust Act (15 U.S.C.A section 1), and additionally
competition in violation of 15 U.S.C.A section 45. Plaintiff asserts that the
embodied by the per se rule against contractual tying also applies to
interface based tying,
making such conduct illegal. The tying of Internet Explorer to the Windows
operating systems, and the Microsoft Office product line is an instance of
corporate strategy of employing tying, necessitating that Microsoft be
enjoined against further
6) The web browser is the primary interface to the primary world of modern
workers, a virtual world known as the World Wide Web. Through unlawful
trade, the defendant has restrained the plaintiffÂ’s freedom to select the
interface of his choice
to his primary world. This is an act which inflicts profound cultural,
economic, technical, and
aesthetic damage to the plaintiff, damage valued at three months of income
which is $37,500.
7) WHEREFORE, plaintiff prays to be granted judgement against the defendant as
8) That defendant be adjudged to have violated the anti-trust laws as herein
9) Pursuant to 15 U.S.C.A. section 6, that all Microsoft products to which
applies be forfeited to the United States. This includes Internet Explorer,
Windows family of operating systems, and the Microsoft Office product line.
10) That an injunction be issued requiring Microsoft to immediately cease and
further interface based tying.
11) An award of actual damages, according to proof at trial, not less than
$37,500, to be
trebled pursuant to 15 U.S.C. section 15, to provide remedy for damages to the
plaintiff as a user of browsers.
12) That plaintiff attorneyÂ’s fees be paid pursuant to 15 U.S.C.A Section 15.
13) Cost of suit, and any prejudgement interest found appropriate by the
14) For such other relief as the court deems proper.
6979 Exeter Dr.
Oakland, CA 94611-1625
Complaint: Restraint of Trade --- Hans Reiser vs. Microsoft