DOJ Argues in Favor of MS Settlement

hpa writes: "It is described in this article on CNET the Department of Justice is arguing in favour of the proposed settlement, because the government's case was too weak to impose additional penalties on Microsoft. Somehow this seems like a very odd thing to me, effectively the prosecution is pleading on the part of the defendant..." There's also an AP story.

Comments

Re:Pardon my ignorance...

[Prior Restraint]

But how can someone be a monopoly where there are multiple other options? Apple, Linux, etc?

This is a common misconception of anti-trust law (IANAL). Unlike what we were taught by Parker Brothers, a monopoly isn't defined as a 100% market-share. According to the way anti-trust law is applied, a monopoly exists when the average consumer believes there are no viable alternatives. In this particular case, MS has an OS monopoly because the cost of switching is prohibitively high for most end-users. Saying that you can give up most of your existing apps to switch to Linux, or ditch your hardware to switch to Apple is no answer for users.

Re:Sad state of affairs

[rgmoore]

The DOJ is basically giving up because they're tired of trying to fight Microsoft. What sort of precedent does this set for the Standard Oils of the new millenium?

I think that you're reading the causes of this wrong. The DOJ is basically giving up because there's been a change in administration. The Clinton administration, while not exactly tough on monopolies, apparently felt that the case was worth pursuing. The Bush administration, OTOH, seems to view antitrust law as being an obstacle to business and would probably drop the case completely if it wouldn't cause too much political fallout. It was widely argued before the 2000 election that Bush would almost certainly water down the Microsoft case if he won. Now he has won and the case has been greatly watered down. If this is a big surprise to you, you need to pay more attention.