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

[Edward Wesolowski <ids AT idisplay.com>]

Thanks for the thoughtful, useful reply here. I've always felt that 
something like standard gauge railroad tracks or standard 60 Cycles per 
second AC is neat, in one way,  because national rail service is possible, 
or because it's great to use electricity with all these terrific 
appliances. The other side of the coin seems brutal, tho.
> ... a priopietary "standard" locking out the competition
> ...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

Ed Wesolowski

========================================

From: Michael S Czeiszperger <czei AT webperformanceinc.com>
To: Eudora::"InterNetWorkers" <internetworkers AT franklin.oit.unc.edu>

Subject: [internetworkers] Re: The list isn't blowing up yet?
Date: 9/7/01 10:07 AM

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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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