[Am-info] level the playing field

Lewis A. Mettler lmettler@lamlaw.com
Fri, 07 Jan 2000 10:24:35 -0800


It does not matter if they use Windows or not.

105 million downloads proves that 1) consumers know what a browser is 2)
consumers demand to pick and choose the software they use (even if they
are forced to buy inferior or unwanted brands) and 3) they are not so
stupid to even think that a browser application is an operating system.

Tell Microsoft the number they used in court to deceive the judge was
over inflated.  Microsoft Corporation vouched for the number, not the
DOJ.  In fact, they claimed the number was based upon an independent due
diligence test as part of the AOL-Netscape merger.

That number was the most creditable piece of evidence Microsoft
presented.  Of course it is a garbage number.  Everything that Microsoft
did in that trial was garbage.  That is why the judge rejected almost
all of it as being unreliable, lacking creditability and unrealistic. 
But, Microsoft made the point, not the DOJ.

Of course, Microsoft thought it would prove distribution was not
foreclosed but all they did was prove browsers are known by millions of
consumers as applications (just like Microsoft) and consumers do indeed
always want to pick and choose the products they buy.  Everyone on this
list does.  All consumers do as well.  No consumers does not want to
make that choice.  There are only bubblegum salesman that lie in their
effort to prevent consumers from making their own purchases.  This
despite the fact that it is fraudulent to do so, is unfair to consumers
and harmful as well.

Paul Rickard wrote:
> 
> lmettler@lamlaw.com
> 
> >Whan Microsoft introduces evidence in court that over 100,000,000
> >attempts were made to get Communicator, I do not have any problem
> >deducting that lots of consumers do not want to be forced to buy the
> >Microsoft brand first.
> >
> >If you can not make that deduction, no one can help you.
> 
>     Hmm.. One wonders how many of those were users of OSes without IE,
> like Windows 3.X, Unix, Linux, Mac OS, OS/2..... You just assume they
> were all Windows users because you see everything from a Windows-grounded
> perspective. You also seem to have blindly accepted that 100 million
> figure Microsoft handed out, knowing full well that there weren't even
> that many people on the Internet at the time that 'count' was taken.
> 
> ======== Paul Rickard, Editor of The Microsoft Boycott Campaign =======
> --------------------------------[ Http://www.msboycott.com ]-----------
> 
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-- 
Lewis A. Mettler, Esq.(Attorney and Software Developer)
lmettler@LAMLaw.com
http://www.lamlaw.com/ (detailed review of the Microsoft antitrust
trial)