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Daily Wrap and Flow

Reading the Daily Wrap and Flow is a quick and easy way to follow the ebb and flow of the trial. This link will always contain the latest commentary making it easy to bookmark. This column is updated throughout the day with the latest commentary placed at the top. If you prefer external links to use a full screen see help.

March 5, 1999 - Friday

2:40 PM PST - Is Microsoft losing its clout? (By ZDnet)

I think Microsoft has lost more than just their clout. They have lost their credibility.

They hire an economist to testify under oath that the vast number of Windows applications are not important and that Linux is some great competition. Then their own people talk to the press and contradict that very assertion.

I find it amazing how ridiculous Microsoft looks in the court room.

March 4, 1999 - Thursday

9:30 AM PST - Industry Trade Group Favors restructuring Microsoft

March 2, 1999 - Tuesday

10:45 AM PST - Should Microsoft be broken up? Some 64% say "yes".

ZDNN has been running a poll for about a week now. You can vote for yourself if you have not already done so.

But, just how do you break it up? I have written a couple of very short articles to lay out some alternatives. I have labeled them as a vertical breakup and a horizontal breakup.

The vertical breakup basically separates individual products or product lines. The horizontal breakup takes key products such as the code base for the OS and splits it multiple times. I have proposed selling the code base for the OS at least 6 or 8 times non exclusively to whoever wants to submit a bid. I suspect that companies such as IBM, HP and Compaq will jump at the chance. Other companies (primarily OEMs) would also be interested. These companies include Dell, Gateway, Packard Bell and others. Even some ISPs such as AOL might be very interested. And, then you have other companies currently providing utilities and compilers, etc., such as Symantec and Inprise. Even Caldera and Corel may be interested in submitting a bid. Novell might gain an interest.

The point is that there is little or no reason why an operating system has to be developed and offered only by a single company. And, there is no reason why the company that does so also offers a complete product line.

Others (Robert Bork for one) have suggested just splitting Microsoft into three equal companies with each having the whole product line. That is a simple solution but just would not solve the basic problem. The problem is that the consumer OS is a monopoly product (for the foreseeable future) and that fact can and does harm consumers significantly. Consumers are forced to buy IE now both increasing their costs and depriving them of a choice in the market. Money 99 is next. Flight Simulator is next. Why not? If Microsoft thinks it is important enough to dominate the market, it will just bundle it with the OS.

What do you think? Will Microsoft products survive if a monopolist is not forcing their sale? Would IE survive if the OS and Word do not force its purchase?

The real question this industry must ask itself is whether superior technologies are going to be given a fair market in which to flourish or are they going to be continuously suppressed by a monopolist or an oligopoly (several large companies). Now is the time to think about that and notify legislators and the DOJ.

We have already had a consent decree that required IE not to be a precondition to the purchase of a Microsoft OS. Microsoft has proven to be company that will ignore court orders. Any injunction that lays out appropriate conduct for Microsoft is going to have little or no effect upon the monopolist. The antitrust laws are already in place. They just ignored them and hired more lawyers. The consent decree is already in place. They just ignored it.

Monopoly power is extremely powerful. Any company would like to have it. Microsoft Corporation is one company that can not be permitted to retain it. Why? Because they will always abuse it.

10:35 AM PST - The antitrust trial might be in recess but Microsoft plans to force feed more applications to all consumers

Microsoft likes to call this OOBE (out of the box experience). If you really want Microsoft to decide all purchasing decisions for you, all you have to do is wait and then get out your plastic.

March 1, 1999 - Monday

Trial is in recess for 6 weeks.

I will be using this column to focus the discussion upon the possible remedies that would benefit the industry and benefit consumers.

I would also like to discuss in detail the defenses that Microsoft has presented throughout this trial and may discuss the case law that currently exists.

Yes. I have my own opinions on what has occurred and what should be done by the courts. But, I want to restate my goal of publishing any and all articles submitted by anyone wishing to contribute to the public forum. Unlike Microsoft which will not publish any material contrary to their view or other organizations which will not publish pro Microsoft material, I will include via a link or actual publication any relevant material regardless of viewpoint. Please see my DOJOutline for the current articles I have selected or have been submitted by others.

Home - Lewis A. Mettler, Esq.