Microsoft would like to think that the AOL-Netscape merger somehow gives it the right to abuse its own customers by forcing the sale of IE upon them.

It does not.

Microsoft would like to think that the AOL-Netscape merger somehow justifies their abusive business practices as applied to others in the industry.

It does not.

Microsoft might be paranoid and it may find it harder to dominate the browser market, but the AOL-Netscape merger and Sun deal does not excuse their own violations of antitrust law.

Microsoft is charged with using their monopoly power in the consumer OS market to force the sale of unwanted products upon their own customers (the only question is how much is Microsoft charging for IE) and for attempting to use their monopoly power to secure yet another monopoly in a related market (i.e. the browser market and the Internet).  Having failed in that regard does not excuse violations of law either.

Nothing in the AOL-Netscape merger excuses Microsoft from their obligation to abide by the laws of this country.

Remember, Microsoft attempted to preclude competition from Intel, and Intel clearly has monopoly power of its own.

The real problem with the AOL-Netscape merger is that it is primarily a defensive move.  Microsoft's abusive practices were and are such that Netscape had little or no chance of surviving as an independent company.  Maybe if the legal system were a bit more responsive, it could have survived.  But, Microsoft is certain to drag out the legal proceedings, appeal if necessary, and by the time the legal system can act Netscape could have been history.  The antitrust case is not just about Netscape.  Intuit is next.  Any potential competitor of Microsoft will think three times before attempting to market its products regardless of merit.

IBM gave up.
Netscape gave up.
Lantastic gave up.
Stac gave up.
Even Real Networks has sided with Netscape, Intel and now AOL.

So if you think any company will offer a product in direct competition with Microsoft, you do not understand the power that Microsoft has.  Microsoft understands it very well.  (The testimony they may offer in court could be false, but make no mistake about it, they understand their marketing power.)

A whole lot of companies that never made it into the technical press dispensed with the idea of ever competing with Microsoft.  Venture capitalists just laugh when business plans are submitted that call for competing with Microsoft.

This is an industry that is completely suppressed by the illegal acts of one company, Microsoft.

Lewis A. Mettler, Esq.