Of course it does.

Just go to your local computer store and look. What do you see? Do you see a single application for Hp-UX or Solaris? Do you see a single application for Linux? Do you see any utilities for HP-UX or Solaris? Do you see any utilities for Linux?

If not, then just how is it that Microsoft claims they do not have a monopoly on the consumer OS market?

Oh, you say. There is Apple. Yes. There is Apple. And, it has about 10% of the market. (A monopoly only requires around 70%) And, guess what? Microsoft sells a lot of applications for the Apple market too plus they now force Apple to bundle IE. So. Microsoft forces the sale of IE upon 100% of all consumer computer purchases (unless you buy the parts and make your own computer).

So. How can Microsoft say they do not have a monopoly and keep a straight face?

It is easy. They draft a true statement. Drop out a few key qualifications so that it is misleading and then publish it.

For example:

If you consider the entire computer software industry, Microsoft does not have a monopoly. After all, there are still mainframes and mainframe operating systems. There are web servers and web server operating systems. And, there are engineering stations and appropriate operating systems for them too. Lots of alternatives unless you are a consumer and you want to use a personal computer. Then you have practically no choice at all.

In the consumer OS market, Microsoft and Apple are the only companies with a product. Just go to your friendly computer store and look. What do you see? You see Linux there to, but not a single application for it. (Microsoft claims BeOS competes, but it is not there.)

Microsoft says they do not have a monopoly because if the courts looked at the entire industry, they would not have one. But, even Microsoft's attorneys know for a fact that this is not the relevant market.  See the testimony of Frederick R. Warren-Boulton for the methods used by economists and courts to decide markets. But, you do not need to do that. Just go to your local computer store and look. Take a Microsoft attorney with you. Ask that the alternatives be pointed out to you. See if they can find a choice other than windows. Have them bring along a copy or two of their press releases so they know what to look for.  Take them by the new flashy modems and just try to find one that does not require you to first buy a Microsoft operating system.  (no, Apple does not count since you must purchase IE there too)

Could this be the first product ever that you had to purchase but was not a monopoly product.  I am just not sure any such thing can possible exist.  But, leave it up to Microsoft lawyers to tell you that they do not have a monopoly.  (Maybe they do not know what one is?)

Lewis A. Mettler, Esq.