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Subtle Difference in Anti-Trust...
No one was saying that Microsoft having a monopoly was illegal. Having a monopoly is NOT illegal. It is how they were using it to unfairly create another monopoly that was illegal. If we are going to use sporting analogies, take horse racing. It is not unfair to the have the fastest horse on the track - it is not unfair to have that horse beat all others by a dozen lengths. But it is unfair to leverage that horse to win a human marathon by riding it.

Likewise, I did not use the words "fair" by themselves with respect to business. I used the words "fairly compete"; by which I meant that MS would use ONLY those means available to their competitors to compete in the market. For example, better product, advertising. Now I am not saying MS doesn't advertise - it does - nor am I saying they are not trying to make better products - I actually believe they are trying to do that (when they perceive competition). What I am saying is that they used - and the appeal Judges agreed with Judge Jackson here - ILLEGAL monopolistic practices by leveraging an existing monopoly (OS) to gain another monopoly (browser).

For example, if I made the "Banjo Quantum Chip" that was the first in the "Quantum Computing" market for home users and, by that fact, was the leading Quantum Chip in that market. Now, I would have to expect that Intel would R&D hard, advertise hard, and would have better production means in order to discount their product hard. It would be tough, but it would be fair competition. But if Intel used their monopoly in the "orthodox" chip market and gave away their quantum chips (at a loss), simply to gain a dominant position in this market, then it is unfair, illegal competition. Other methods may be to make deals with hardware vendors so that they would only sell Intel's "Quantum Chip"s if they wished to continue to sell Intel's other chips. Again, the competition is not only unfair, it is illegal.

So - bouncing and mixing metaphors like tennis balls in a blender - back to horse racing - I do not believe that the fastest horse has to be knobbled in order to make the race fair (although horses are in certain racs by being given weights), but I do not think the new nag to the field should NOT use the fact it owns the race track to win (like starting just before the finish line, or something).

Good to see you're back in form, I was getting worried.

Regards

The Banjo
Posted by: BanjoPaterson   Posted on: 02/14/06 You are currently: a Guest | Members login | Terms of Use

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M$ being dragged kicking and screaming to the principals office...  Nix_0S_Fan | 02/14/06
Did anyone not see t his coming? (nt)  xshakes | 02/14/06
Odd - sounds like what the EU are complaining about.  BanjoPaterson | 02/14/06
If the USDOJ was only greared to justice  ajv123 | 02/15/06
So, since when does on-going development take precedence over compliance  DonnieBoy | 02/14/06
Wait DB. You yourself have always said...  John Zern | 02/14/06
Good point!  Still Lynn | 02/15/06
m$ should have been split  Linux Geek | 02/14/06
"split in 10 divisions" Something Like Linux...  John Zern | 02/14/06
Not the same  thunderdome1 | 02/23/06
MS should have split itself into 3 logical units  Boot_Agnostic | 02/14/06
Huh  b.d.hi | 02/15/06
Oh  Boot_Agnostic | 02/15/06
m$ should have been split  ajv123 | 02/15/06
Isn't this what Judge Jackson feared?  No_Ax_to_Grind | 02/14/06
No Axe - Someone's Got Your Login and is Using it...  BanjoPaterson | 02/14/06
Is it possible to compete "fairly"?  No_Ax_to_Grind | 02/14/06
Yes  Yagotta B. Kidding | 02/14/06
I disagree...  No_Ax_to_Grind | 02/14/06
in other words ...  An_Axe_to_Grind | 02/14/06
Delusional? No, arrogant, deffinately.  No_Ax_to_Grind | 02/14/06
Not disagree, disbelieve  Still Lynn | 02/15/06
I remember benign companies.  Anton Philidor | 02/14/06
True enough.  No_Ax_to_Grind | 02/14/06
SMB  Yagotta B. Kidding | 02/14/06
Hear, hear!  Linux User 147560 | 02/15/06
well I think you have a point there.  hipparchus2001 | 02/14/06
Subtle Difference in Anti-Trust...  BanjoPaterson | 02/14/06
I disagree...  No_Ax_to_Grind | 02/14/06
No no no no no.... let me try again using your analogy  BanjoPaterson | 02/14/06
Thanks for an elegant response  Roger Ramjet | 02/15/06
No no no no no.... let me try again using your analogy  ajv123 | 02/15/06
This analogy flawed too  StorageGuru | 02/15/06
Yeah. Just Like AT&T had to....  John Zern | 02/14/06
No, AT&T did themselves in...  No_Ax_to_Grind | 02/14/06
... by agreeing to be broken.  Anton Philidor | 02/14/06
Yeah, but  nomorems | 02/14/06
there is fair and unfair  toxicfreak | 02/14/06
Amen  nucrash | 02/14/06
I think they'll eventually be broken anyway ...  George Mitchell | 02/14/06
You make an excellent point...  No_Ax_to_Grind | 02/14/06
Of course it's not doing much for the tax payer.  Anton Philidor | 02/14/06
So Important They Blow off the Governor  mighetto | 02/14/06
Governors come, Governors go....  No_Ax_to_Grind | 02/14/06
Battalions of lawyers.  Anton Philidor | 02/14/06
Wow! is this really No_Ax?  An_Axe_to_Grind | 02/14/06
So next time...  No_Ax_to_Grind | 02/14/06
angry at M$  wrench_ninja | 02/15/06
OMG!  nomorems | 02/14/06
Not one decent post here  csa0307 | 02/14/06
lol  Jack-Booted EULA | 02/14/06
No_Axe_To_Grind is Often Pro-Microsoft...  BanjoPaterson | 02/14/06
Not true at all...  No_Ax_to_Grind | 02/14/06
Gov & Monopolies  jalstadt@... | 11/21/06
monopolies ???  Update victim | 03/08/07
Terrible Juxtaposition of Titles (nt)  BanjoPaterson | 02/14/06
They tried, but they need the Windows code first  John Zern | 02/14/06
John  Linux User 147560 | 02/15/06
Almost funny - almost  Fred Fredrickson | 02/15/06
If you can't debate them ...call them names.  ajv123 | 02/15/06
Even MS uses open-source  thunderdome1 | 02/23/06
right on  jing75 | 08/31/06
Pure Jealousy  tekspek1 | 02/14/06
Microsoft no longer an American Company  mighetto | 02/14/06
Microsoft is a US secret weapon.  ajv123 | 02/15/06
Power!  ajv123 | 02/15/06
You Misinterpret  tekspek1 | 02/15/06
Then rule and penalize and stop being justice as usual  Boot_Agnostic | 02/14/06
The judge can't...  No_Ax_to_Grind | 02/14/06
The EU will sanction ALL US Corportations  mighetto | 02/14/06
I hear they'll responsible for the Katrina and...  John Zern | 02/14/06
Dweeby John Zern  nomorems | 02/14/06
and Microsoft needs the business and Uncle Sam needs the access.  ajv123 | 02/15/06
I knew it would happen, you blew the last working  No_Ax_to_Grind | 02/14/06
You don't get it. They are the US govenment.  ajv123 | 02/15/06
Obviously I didn't post something  Boot_Agnostic | 02/15/06
She CAN demand compliance and issue penalties for non-compliance (NT)  Update victim | 02/15/06
Why bother?  Yagotta B. Kidding | 02/14/06
True..  No_Ax_to_Grind | 02/14/06
Personally I think investors would be well served by a break up  hipparchus2001 | 02/14/06
Those are all existing products.  Anton Philidor | 02/14/06
I don't think the company has changed its mind., indeed!  ajv123 | 02/15/06
New OS name...  Nix_0S_Fan | 02/14/06
Dear Judge Kollar-Kotelly  Update victim | 02/15/06
alas..  5th Limb in the Kisser | 02/15/06
Microsoft is like a starfish  osreinstall | 02/16/06
poor Microsoft  migtex2 | 02/16/06
poor Microsoft  migtex2 | 02/16/06
Not about being successful  thunderdome1 | 02/23/06
A lot of people are down on Walmart  Boot_Agnostic | 02/24/06
Microsoft Anti-trust bullcrap  jing75 | 08/31/06
Disagree  jalstadt@... | 11/21/06
Source Code ?  Update victim | 03/08/07

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