Internetworkers: http://www.ibiblio.org/internetworkers/

[Michael S Czeiszperger <czei AT webperformanceinc.com>]

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On Thursday 06 September 2001 01:39 pm, you wrote:
> A major decision involving the Microsuck case comes out (Bush told the DOJ
> to back off on splitting the company in half), Microsuck gets to remain one
> company, has the investigation about illegally bundling Internet Exploder
> with their OShit,  and no one has yet sent out a single message involving
> this?
>

While I would rather see MS split into multiple companies, I actually see 
this as the DOJ's best option at the moment. I read large parts of the ruling 
by the appeal's court, and it upheld most of the charges. The two main things 
that were struck down were the remedy and the claims of tying IE into the OS. 
Since the IE tieing claim was the weakest part of the DOJ case anyway, this 
isn't such a surprise. What the DOJ has said is they aren't going to appeal 
those decisions, which has the effect of moving the case along. Instead, 
they're going to use the substantial number of rulings in their favor to 
craft a behaviorial rememedy now based on what the appeal's court did like.

One interesting thing to watch is how much XP is going to be examined in 
crafting the behavioral remedy. The appeals court was very clear that MS can 
put any software they want in their OS, which means that they'll eventually 
pick off each part of the software industry one by one. Instead of putting 
out API's with demo code, they're putting out full fledged applications in 
every product category. Have you noticed that its impossible to remove 
Frontpage or NetMeeting from Windows 2000? 

As people upgrade their OS and purchase new hardware, the installed base of 
MS's free stuff gets bigger and bigger, and becomes a priopietary "standard" 
locking out the competition. This is much different than competing with 
"free" open source software, since those almost always use standards, and its 
possible to be compatible, and also they don't come preinstalled on 99% of 
every new PC sold in the world.

The two main behaviors that was cited by the appeal's court as breaking the 
law was MS's exclusionary licenses, where companies were threatened or 
prevented from using competitor's products, and in deceptive practices, where 
they delibertly deceive both partners and customers.

So while we're going to have to compete with free products pre-installed on 
Windows, hopefully a rememdy will make sure MS at least won't be able to make 
sure that no one will ever see your product, and will make it harder for MS 
to compete by simply lying about your product.

For fun try reading the appeal's court ruling:
http://cnnfn.cnn.com/2001/06/28/microsoft_file/decision.pdf

The large section on Java is particularly enlightening for those of you who 
think that MS is just a strong competitor.

- -- 
Michael S Czeiszperger
czei AT webperformanceinc.com


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