Re: CMP TechWeb story - "Experts Grapple With Microsoft Remedy" + My opinion

[rd@cottonwood.com (Rick Dahlgren)]

"Eseential facility" in terms of OS is precisely what will open competition
in any market.

We've contended, for a long time that system functionality, in this case
the OS, is critical for network deployment of content.  Any argument that
such functionality is "trade secret" or otherwise protected is usually a
dodge created to discriminately place control of the delivery into the
hands of the holder of the OS.

That extends beyond OS, however, in that specialized tools, which rely on
the OS must also be disclosed.

In one instance, US West kept secret and selectively disclosed a tool
called a "Director Extractor" that would take an ordinary Macromedia
Director file and "fix" it so it would operate within the 3DO box they
deployed in Omaha.  It worked much like today's Shockwave tools.  But
without it, along with other disclosures, your content couldn't go to a
single home in a common way as a channel.  

Computer III compelled such disclosure and further created a 6 month window
for competitive development.

The FCC recently abandoned Computer III.

When the OS is the enabler on a device (computer, set top box, transaction
device, etc.) its disclosure is critical and an essential facility for
competition.  The question is.....is that the responsibility of someone
like Microsoft....or the provider of the "means?"  I think  it is in the
providers' responsibility.  Further I think the only obligation placed on
Microsoft in that instance would be to make available on "just and
reasonable terms", which I think they do.

It isn't the bullet or the gun....it is the shooter who commits the crime.
When US West, or AOL or someone who acts as a carrier deploys a service
that requires such a "bullet" to operate, then disclosure is "essential" to
competitive services that can interoperate....if Microsoft secretly
conspires with such a carrier in the development of some special tool that
is not fully disclosed, then it, too should be scrutinized.

Robert's prognostications about Apple's history are right on the money,
with one exception, his tense was the past....Apple is enjoying a serious
resurgence, competing with great products and great pricing.

I do remember, however, that for nearly a year, I could attach a color
printer to a PC for about $300, while to do so on an Apple was roughly
$6,000.00.

Rick Dahlgren
Cottonwood Communications
rd@cottonwood.com