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25 More States Oppose MSFT Antitrust Dismissal
phebz23 writes "News.com is reporting that 25 more states (even Washington!) are rallying behind the previous 9 to prevent Judge Kollar-Kotelly from dismissing the case on the grounds that the states should not have say in antitrust policy which is opposite of Microsoft's motion. They cite the Clayton Act, which grants them the authority to continue the case." Important to note that the states say: "even when the federal government has proposed to settle a case. Congress has granted the states clear authority to proceed independently under Section 16, despite the fact that the federal government has chosen not to act, has proposed to settle a case, has in fact settled a case, or has taken the matter to trial."
The states aren't really rallying around the other 9. What they are concerned with, isn't this case, but their ability to bring antritrust cases in the future. Hence they are supporting the 9 states bringing of the case regardless of what they feel about the merits of the MS case.
This is I feel the beginning of "to the pain" for microsoft. I wonder if even they understand fully how quaint little laws from the states themselves will begin popping up dragging them into dangerous and legally hopeless territory?
An Education is the Font of All Liberty
This is important for the continuity of government and the law. Essentially the Department of Justice did a complete about face after the Bush administration came into office. (Microsoft gave more money to government and incumbents than did Enron by the way including our Federal Attourney General who while recusing himself from Enron case did not apparently see any conflict of interest in the Microsoft case).
If the states did not have this kind of legal standing, cases that stretched over administrations could side-step the law entirely.
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It's true that this antitrust trial is dragging on and on, but I feel it is good for the general public.
Face it, a LOT of the public doesn't really care or understand the ins and outs of this trial. The more states that stand up for their rights, the more the public gets to learn about Microsoft's blatant misuse of their monopoly. It does drag on and on, but it degrades Microsoft's public image by constantly being in court for stuff they KNOW is against the law.
Well, at least a thoughtful reply.
The point is to restore competition. Microsoft was able to destroy the market for OS products years by forging exclusive OEM distribution agreements that incorporated a little trick called cliff pricing. This was ruled illegal in the first antitrust case years ago.
By prohibiting MS from selling to OEMs, the marketplace of operating systems is restored. Customers can buy what they want be it Windows or whatever. I suspect (contrary to your assertion) that what would emerge would be a number of Windows compatible operating systems to leverage the huge windows compatible applications base.
The second part of the monopoly is in office suites. This came from Microsoft's ability to take advantage of their control of the platform. Opening the file formats just allows other products to interoperate on a level playing field.
I don't see that this proposed remedy is exessively punitive, it merely restores the marketplace to a state that existed before the illegal behavior. In many ways I feel it is similar to the breakup of the telephone monopoly. True, people would be inconvienced with the burden of choice.
Howard Roark, Architect
I believe in a Man's right to exist for his own sake.
Built-in protection against Micorosoft's lobbying efforts at the federal level. I wouldn't have thought our government capable of such forsight.
The government can't help it. The protection is completely integrated with the Operating System. Removing it would break the government completely, or worse, we'd be seeing literally thousands of U.S. government variants! You don't want that, do you?
Remember "Bring 'em on"? *sigh
An AC wrote:
> Can't we end this now. Hasn't Mr. Gates suffered enough already?
Microsoft was found to have broken the law. We are now in the penalty phase of the trial. There is no longer any question as to how guilty MS is, only how much they will pay for breaking the law.
Problem is, we can't get Microsoft and their lawyers (both those who are employees of Microsoft and those who supposedly work for the Department of Justice) to clam up and get penalized already. It would really help if the so called "Department of Justice" would quit defending Microsoft and start prosecuting them like they are supposed to be doing. Then we wouldn't have a settlement that MS is using to repeat their illegal activities, and 9 states off on their own because they seem to be the only ones who care about doing their job.
The 25 states will help here, even if they don't formally join in with the nine states. State governments are important, and they have rights, even in this "War on Terror" era. It's high time they stood up and let people know that.
.Net, DRMOS, using the Settlement like a rolled up newspaper to smack their OEMs around... It is plainly clear that Microsoft has not suffered enough, because it obviously has no intention of mending its ways. Until justice is done, until Microsoft mends its ways, until huge corporations respect the law of the land, this isn't over. We have a choice. Either the computer industry becomes vibrant, prosperous, innovative, and free (as in liberty), or we have the Microsoft Millenium. Choose!
"The path of peace is yours to discover for eternity."
"Mosura", 1961