I filed suit regarding Microsoft's violating Section 1 of the Sherman Anti-Trust Act

[Hans Reiser <reiser@ricochet.net>]

  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
  Netscape.
  
  Sincerely,
  
  Hans Reiser
  
  
  **************************************************************************************
  
  Plaintiff: Hans Reiser
  6979 Exeter Dr.
  Oakland, CA 94611-1625
  phone: 510-482-2483
  
  
  
  UNITED STATES DISTRICT COURT for the NORTHERN DISTRICT OF CALIFORNIA
  Division: ________________________ Case Number:___________________________
  Hans Reiser
  Plaintiff
   vs.
  Microsoft Corporation
    Defendant
  
  Complaint: Restraint of Trade --- Hans Reiser vs. Microsoft Corporation
  
  
  
  
  
  
  
  
  1) Venue is proper within the Northern District of California in that damages
  to plaintiffÂ’s
  property and person occurred in this district.
  
  2) Plaintiff Hans Reiser is a natural person, U.S. Citizen, and resident of
  Alameda County.
  
  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
  California
  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
  constitutes unfair
  competition in violation of 15 U.S.C.A section 45. Plaintiff asserts that the
  reasoning
  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
  family of
  operating systems, and the Microsoft Office product line is an instance of
  MicrosoftÂ’s general
  corporate strategy of employing tying, necessitating that Microsoft be
  enjoined against further
  such behavior.
  
  6) The web browser is the primary interface to the primary world of modern
  information
  workers, a virtual world known as the World Wide Web.   Through unlawful
  restraint of
  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
  follows:
  8) That defendant be adjudged to have violated the anti-trust laws as herein
  alleged.
  9) Pursuant to 15 U.S.C.A. section 6, that all Microsoft products to which
  that section
  applies be forfeited to the United States.  This includes Internet Explorer,
  the
  Windows family of operating systems, and the Microsoft Office product line.
  10) That an injunction be issued requiring Microsoft to immediately cease and
  desist from
  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
  court.
  14) For such other relief as the court deems proper.
  
  
  
  
  Hans Reiser
  6979 Exeter Dr.
  Oakland, CA 94611-1625
  
  Complaint: Restraint of Trade --- Hans Reiser vs. Microsoft
  Corporation                                1