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Isn’t this no different than a system builder purchasing Windows licenses to install on the systems they sell?
Does building and selling a computer with the MAC OS on it violate Apple’s license agreement for MACS? I’m not familiar with the case, but this seems a bit harsh.
Its been a long, long time since I visited antitrust issues, and the only antitrust academic class I took was in undergrad economics, not law school. But I’ve read up a little on this after reading this post, and I tend to agree with you: their claims are probably without merit.
The interesting thing, though, is that Apple will most likely argue that some of the elements of tying arrangements don’t apply here because the restraint of trade isn’t significant when Apple to “ties” the OS to their machines since Apple doesn’t have a significant market share. Pretty ironic considering how their marketing department is trying to position them.