[Am-info] STATES SEEK MICROSOFT WINDOWS SOURCE CODE

[Sujal Shah]

On Fri, 2002-02-15 at 10:12, John Poltorak wrote:
> On Fri, Feb 15, 2002 at 09:44:17AM -0500, Sujal Shah wrote:
[SNIP]
> > I'd actually say that the premise isn't entirely faulty (though I think
> > I'm saying the same thing as Mitch). It *would* be like Coke turning
> > over the formula... What makes the coke scenario different is that there
> > aren't a multitude of laws that protect coke from people duplicating a
> > formula (you can't patent or copyright a recipe).
> 
> What makes the scenario entirely different is that Coca Cola is not a 
> predatory monopoly. You get the option of buying other Colas - I believe 
> Pepsi is still quite popular... Also you are not forced to buy a Coke with 
> a KFC, or Big Mac / Whopper. Of course Coke *might* be the only drink 
> available but its price is not included with the meal if you don't want 
> it. 
> 

With all due respect, the fact that they are a monopoly is irrelevant to
my point.  The quoted gentleman is implying that releasing source would
put Microsoft out of business.  I'm just saying that it wouldn't, and
that Mr. Law Professor should realize that.

Whether to do it or not (which is what your argument goes toward) is not
really relevant to that point.

Furthermore, I honestly believe it is irrelevant that they are a
monopoly... As Mitch pointed out, Microsoft is making a claim ("Windows
and IE are inseparable) and then disallowing the court enough
information to verify or disprove that claim.  At the end of the day,
the normal process of discovery and building a case should be sufficient
reason (and give the court sufficient right) to provide the source code
to experts.  

I'm sure the court could be creative and find some way to keep the
source sealed from the general public...

Sujal

> In contrast Microsoft virtually have a 100% monopoly of the retail market 
> for IBM compatible PCs. They do not need to observe the discipline of the 
> marketplace (unlike Coke) and can and do charge exorbitant amounts for 
> their software which is factored into the price of new computers so you 
> never really get to see how much you pay, but whatever you do pay is not 
> optional. You have to pay the Microsoft Tax whether you want the product 
> or not! Whatever you say about Coke, its price is broadly in line with its 
> competitors because of the marketplace. With Microsoft, where competition 
> is forbidden, the price is not determined by demand since even when 
> demand for computers plummeted last year, Microsoft sales, not only held 
> there own but grew to record levels. That's simply because they can push 
> there prices up at will, and no one can do anything about it. 
> 
> 
> > Sujal
> > 
> > >    Mitch Stone
> > >    mitch@accidentalexpert.com
> 
> 
> -- 
> John
> 
> 
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---- Sujal Shah --- sujal@sujal.net ---

        http://www.sujal.net

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