[Am-info] Re: Robert Bork's anti-trust opinion

[Hans Reiser]

Let me also add, that the appeals court position in the MS case that 
tying is not so bad, is based on the Chicago School teachings which Bork 
is one of the founders of.  This is a man who has dealt devastating 
blows to consumer welfare for decades.

We need to move the anti-trust field towards a recognition that if there 
is access to source code, software is per se separable as a product 
because fortune 500 companies who are consumers can perform the assembly 
themselves using compiler technology.

This means that access to source code should be considered a requirement 
of antitrust laws.  This freedom to modify and create value is one of 
the principle advantages of Linux.  Linux however locks out those who 
want to sell usage licenses for their software, so Linux is not a 
panacea (though I take a somewhat perverse joy in making money selling 
free software despite my recognition that it is not the universal answer 
to how to produce software).

Hans

sturde@az.com wrote:

>In <20011109135302.643CB29BD7@lists.essential.org>, on 11/09/01 
>   at 08:53 AM, am-info-request@venice.essential.org said:
>
>>This is beautifully said by Bork.  However, Bork's opinion is purely 
>>based on his being paid by Netscape.  He has done a lot to encourage the 
>>abandonment of the antitrust laws by the judiciary.  His opinions simply 
>>reflect the source of his last check received.
>>
>
>First of all Mr. Bork about 20 years ago wrote a very influential
>anti-trust book.  Second, if he is merely a schill, then why did MS
>attempt to hire him when the DOJ brought the anti-trust lawsuit and why
>did he refuse to represent MS?  I will tell you why, because he analyzed
>MS's anti-trust positions and decided they were wrong.
>
>James Sturdevant
>
>-----------------------------------------------------------
>sturde@az.com
>
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