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Missed Opportunities in U.S. v. Microsoft

cyberlaw writes "The Supreme Court's deadline for filing a final appeal in the landmark U.S. v. Microsoft antitrust case expired yesterday with little notice. But it's a day Andrew Chin has been anticipating for six years. Today Chin, a former legal extern who assisted Judge Thomas Penfield Jackson during the drafting of the November 1999 Findings of Fact in that case, makes his first public comments on the merits of that case, in keeping with the D.C. Circuit's admonition that officers of the court should not comment on impending cases. He has written an op-ed article in today's Raleigh News and Observer.

Chin is currently an associate professor teaching antitrust and intellectual property law at the University of North Carolina. According to his faculty biography, Chin also earned a doctorate in computer science in 1991 as a Rhodes scholar at the University of Oxford. After a few years of teaching math and CS, he picked up a J.D. at Yale Law School, and eventually ended up working behind the scenes on the Microsoft case.

Chin's article raises some new points about the Microsoft case that don't seem to have been considered by any of the parties, courts or commentators during the trial, such as the fact that the Windows and Internet Explorer software products actually consist of legal rights and technological capabilities, not lines of code. A longer piece by Chin is being published in the Harvard Journal of Law and Technology."

2 of 424 comments (clear)

  1. Re:Analysis by danheskett · · Score: 4, Informative

    So far as I know nobody else has integrated the browser and the desktop in anything like the way Microsoft has done. Providing an embeddable browser or HTML rendering engine is not the same as using the same component to access, interpret, and render both trusted and untrusted documents.
    The security implications aside, you can look at KDE as an example. They use the same rendering component/framework for file-browsing as web-browsing. Look at the description on their site: "Konqueror is the file manager for the K Desktop Environment. It supports basic file management on local UNIX filesystems, from simple cut/copy and paste operations to advanced remote and local network file browsing. Konqueror is the canvas for all the latest KDE technology, from KIO slaves (which provide mechanisms for file access) to component embedding via the KParts object interface, and it is one of the most customizable applications available. Konqueror is an Open Source web browser with HTML4.0 compliance, supporting Java applets, JavaScript, CSS1 and (partially) CSS2, as well as Netscape plugins (for example, Flash or RealVideo plugins). Konqueror is a universal viewing application, capable of embedding read-only viewing components in itself to view documents without ever launching another application. "

    With a few modifications that would describe IE/ActiveX/Explorer just about to the letter (remove open source, of course).

    If that was the case Microsoft wouldn't have a desktop monopoly to leverage into a browser monopoly in the first place.
    I beleive they dont have a monopoly, to be honest. There is so much choice in terms of x86 operating systems that it's bizarre that anyone could claim they have a monopoly. Add into the mix Apple which competes with MS on every front as well as other bit players (for example, if someone makes a device that eliminates the need for an OS, does that make them a competitor? I believe so. That means in terms of share MS competes with makers of things like set-tops boxes and consoles).

  2. Re:Yet... by Epi-man · · Score: 5, Informative

    Until a president has the balls to say that doctors, hospitals and parms are EXTORTING the American public and make laws to stop them it will not change.

    Disclaimer: My wife is a doctor

    Okay, let's just take a quick look at some numbers:
    From the UAW a UAW represented assembler makes $25.63/hour straight time. This translates to over $53k/year assuming no OT. To my knowledge (quite possible wrong) to obtain this job, you need only a high school diploma. They report post inflation annual raises (from '92-'02) of 1.28%. Average college costs ~$20k (average of public and private, exclude out of state) and is rising by 7% each year. In 1999 med school cost ~$18k (again taking a conservative average), I couldn't find numbers for the annual increase, but given the costs we incurred, 7% is a reasonable number again. Books add even more, to the tune of ~$4k across the first two years. Let's look at a doctor's income stream vs. a UAW assembler assuming they are the high school class of 2003:

    First year out of high school, -20k vs. $53k
    second, -21.4k vs. $53.7k
    third, -22.9k vs. $54.4k
    forth, -24.5k vs. $55.1k
    Onto medical school we go!
    1st year, -25.6k (no inflation for books) vs. 55.8k
    2nd year, -27.2k vs. 56.5k
    3rd year, -27k (assume no more books) vs. 57.2k
    4th year, -28.9k vs. 58.7k
    Time for residency, pay based on my wife's:
    1st year, 31k vs. 59.5k
    2nd year, 31.5k vs. 60.2k
    3rd year, 32k vs. 61k

    OK, now our doctor is ready to go out and start making real money....where do they stand finacially?

    -$83k vs. $567.9k

    Most of my wife's medical school friends enter residency with school loan payments to the tune of $1,200/month, basically a second mortgage. So now our doctor gets to go to work. Care to guess how much this doctor is going to get paid for seeing a child on medicaid? $7. Yes, that is right, they will get the princely sum of $7 to see that child for a 15 minute visit. That will probably not cover the cost of the people they must hire to file the paperwork to get paid. That works out to $28/hour while our assembler is now earning $29.48/hour (this is an inflation adjusted number, that means the real number will be much higher since 1% inflation is pretty darn low!). Who was it that was extorting whom? Does that auto worker go to work every day knowing that they could get sued and have everything except their house taken from them (my wife was threatened with lawsuits 3 times as a medical student for Pete's sake! Care to guess how much her malpractice insurance premiums are estimated to be? Over $20k/year.)? Yes, doctors can get paid well, but I would say in many respects they have earned it a lot more than others.

    I'm sorry for this rant, but people who just spout off like doctors in general are super greedy really irk me (for obvious reasons). The people you need to be more concerned with are the insurance companies (basically profit generating machines from my perspective) and the lawyers (who make my wife live in constant fear that we will have everything taken away from us someday...oh wait, we get to keep the house and its mortgage).