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Micro-not-so-soft landing
Washington Times ^ | September 9, 2001 | Robert Levy

Posted on 09/09/2001 5:59:22 AM PDT by xsysmgr

Edited on 07/12/2004 3:46:32 PM PDT by Jim Robinson. [history]

The Justice Department has abandoned its plan to dismember the world's leading software maker. Still, pundits who thought last Thursday's announcement was a concession to Microsoft should have been watching the stock market.

The price of Microsoft stock dropped 3 percent -- even more than the dip in the overall averages. Investors never expected the government to renew its absurd demand to breakup the company. After all, the U.S. Court of Appeals had affirmed only one of Judge Thomas Penfield Jackson's three main holdings. And the appellate judges had even warned the government, in no uncertain terms, that the "drastically altered scope" of Microsoft's liability would not support a divestiture remedy.


(Excerpt) Read more at asp.washtimes.com ...


TOPICS: Business/Economy; Editorial
KEYWORDS:

1 posted on 09/09/2001 5:59:22 AM PDT by xsysmgr
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To: xsysmgr
Inexplicably, the Bush administration pursues this baseless lawsuit

Yet another example of how the Republicans preach small government but are no different from the Democrats.

2 posted on 09/09/2001 6:14:01 AM PDT by akron
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Comment #3 Removed by Moderator

To: innocentbystander
I wonder what would happen if the Bush Administration went ahead and fired all of the Justice Department's lawyer's like Clinton did back in 1993?
4 posted on 09/09/2001 6:47:11 AM PDT by Slyfox
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To: innocentbystander
Not true. Windows CE source code is freely available. I expect Microsoft would offer similar easy access to XP as part of a settlement. They will scream "Ow! that hurts! You DoJ men are so tough and manly!" but that's just for show.

Microsoft has won, comprehensively. It would just be bad form for Gates and Ballmer to tap dance across the stage singing with glee.

IMO Clinton turned a bunch of Marxists loose on one of our economic crown jewels. I want to know who the remaining true believers are in the DoJ that are working this case.

5 posted on 09/09/2001 7:02:35 AM PDT by eno_
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To: Slyfox
...if the Bush Administration went ahead and fired all of the Justice Department's lawyer's like Clinton did back in 1993?

Clinton didn't fire all the DOJ lawyers, just the US Attorneys (93 of them). Almost all of the lawyers at DOJ are career civil service employees, not political appointees.

6 posted on 09/09/2001 7:11:40 AM PDT by xsysmgr
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To: innocentbystander
Those API's ARE Microsoft, and there is no way in hell that they will EVER be turned over. Forget about it.

Should the applications development divisions of MS have access to the OS APIs that other companies don't?

7 posted on 09/09/2001 7:13:52 AM PDT by bobwoodard
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To: xsysmgr
Thank you for the clarification. Are the political appointees the ones with the axe to grind against Microsoft?
8 posted on 09/09/2001 7:24:02 AM PDT by Slyfox
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To: xsysmgr
Can you say "fascism?" I knew you could. The biggest lie in history has been the story that fascism is rooted in right-wing ideology. The plain truth is that the world's totalitarians (fascist or otherwise) are virtually all left-wing. Of course, this stands to reason since left-wingers believe human beings are (or should be) malleable - hence the need to control and direct their lives. Freedom-haters (libs in the U.S.) everywhere love fascism.
9 posted on 09/09/2001 7:36:29 AM PDT by VoodooEconomist
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To: innocentbystander
I don't know what's more laughable - the world's largest power monopology making allegations about a private-sector monopoly ... or stupid gubmint bureaucRATs acting as if they know the first thing about technology. Keep in mind, many gubmint bureaucracies are still using 1970s and 1980s technology ... and God knows it's not for lack of money. It's just that gubmint is inherently inefficient and wasteful - they have no incentive/reason to be otherwise. So, the DOJ and all of its worthless shyster lawyers can go back to he!!.
10 posted on 09/09/2001 7:40:56 AM PDT by VoodooEconomist
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To: xsysmgr
Clinton didn't fire all the DOJ lawyers, just the US Attorneys (93 of them).

And set a new precedent in process. As is wont with liberals, Clinton has made US Attorney selection a matter a political consideration.

11 posted on 09/09/2001 7:43:10 AM PDT by VoodooEconomist
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To: bobwoodard
Should the applications development divisions of MS have access to the OS APIs that other companies don't?

Sure, why not. It is, after all, Microsoft's PRIVATE PROPERTY. They were the ones that created an operating system (and its API) that consumers/corporations VOLUNTARILY chose as the O/S of choice. As far as I'm concerned, MS should be able to do whatever the hell it wants with its private property - including keeping their API proprietary. But MS isn't stupid like the gumbint. MS knows that they are the ones that benefit immensely from value-added applications produced by other vendors. Unlike gumbint, Microsoft has no coercive power over anyone. Market dominance? Yes. Coercive powers? No.

12 posted on 09/09/2001 7:47:05 AM PDT by VoodooEconomist
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To: VoodooEconomist
And set a new precedent in process.

Yes. I think the US Attorney he really wanted to fire was the one in Little Rock, who was investigating the White Watter affair. The rest were fired at the same time to keep this from being so obvious.

13 posted on 09/09/2001 7:49:08 AM PDT by xsysmgr
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To: Slyfox
Are the political appointees the ones with the axe to grind against Microsoft?

When this case started there is no doubt in my mind that this was true. Now, I don't know. Bush's new Assistant Attorney General for the Antitrust Divison has obviously slammed on the brakes pretty hard, but sometimes these things take on a life of their own. This case has been tried and appealed, so the attorneys that worked on it (career though they be) have a lot of ego tied up in it. Also, antitrust attorneys generally tend to equate 'Big' with 'Bad' so they would want to continue.

14 posted on 09/09/2001 8:01:56 AM PDT by xsysmgr
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To: VoodooEconomist
They were the ones that created an operating system (and its API) that consumers/corporations VOLUNTARILY chose as the O/S of choice.

I'd disagree. Wasn't this the essence of the 1995 consent decree, which ended the practice of effectively putting Windows on any machine sold through their licensing agreements? MS was able to gain a huge lead in marketshare and I don't think they've lost market share since then.

As far as I'm concerned, MS should be able to do whatever the hell it wants with its private property - including keeping their API proprietary.

If MS didn't have the monopoly in the consumer OS arena, I'd probably agree with you. Of course, I guess it comes down to the view of whether or not MS has a monopoly and what that means in this context.

But MS isn't stupid like the gumbint. MS knows that they are the ones that benefit immensely from value-added applications produced by other vendors.

How does this reconcile with their "embrace and extend" strategy? For instance, why would "Joe Average User" go out and buy CDR software, now that WXP will do that natively? Other examples could include browsers, system utilites, etc. While we, the consumers, seem to benefit at first, after time has gone by and the 3rd party developers have dropped out due to lack of market demand, you are left with only one provider. Who has won at that point? What benefits might have been developed, if the marketplace still had developers in the area that MS decided to build into the OS?

Unlike gumbint, Microsoft has no coercive power over anyone.

Really? 8-) With Hailstorm, product activation procedures, etc they seem to be on the road to changing some things around. Of course, the argument will be that you don't have to participate, but I don't think that is realistic, given the market share they have in so many different areas.

15 posted on 09/09/2001 9:35:47 AM PDT by bobwoodard
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To: xsysmgr
That third proposal means that XP would compete against Windows 98 and 2000, thus minimizing Microsoft's leverage in dealing with consumers who are content with their existing operating system.

Heaven forfend that they should have to convince users to upgrade by offering a superior product instead of simply pulling the rug out from under customers who had purchased their earlier products in good faith.

16 posted on 09/10/2001 6:02:16 AM PDT by steve-b
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To: bobwoodard
For instance, why would "Joe Average User" go out and buy CDR software, now that WXP will do that natively?

It's called the aftermarket.
Your car comes with a radio.
How is it Alpine, Sony, Kenwood, Pioneer et al compete?

If someone makes a better CDR software package, they will be able to sell it.

17 posted on 09/10/2001 6:34:21 AM PDT by eddie willers
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