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DoJ Seeks Advice on Effects of Microsoft Breakup

Goon writes " Here's an article at CNN about how the Justice department has hired a consultant to gage the effect of breaking up microsoft into 3 or 4 smaller companies. According to the article, it appears that this is what the DOJ is intending to do if a settlement is not reached."

4 of 200 comments (clear)

  1. Re:Breaking up Microsoft by vectro · · Score: 5
    Richard Stallman wrote an interesting piece about what might be the best punishment for Microsoft from the perspective of Free Software.

    It can be found here.

  2. Another thought. by legoboy · · Score: 4

    There isn't anything stopping Microsoft from simply closing shop in Redmond and moving to Canada. I can tell you without any doubts that our (Canada's) government would roll out the red carpet for them.

    Microsoft employs roughly 32,000 people. Generally well educated people, at that. The boost to the economy of a region would be astounding. Assuming 30,000 people at a low $CDN 30,000 per head, that's almost 1 billion in salary each year, half of which goes into the government's pocket. (That's another story...) Corporate taxes would be huge. Microsoft paid several billion to the US Federal government in Fiscal '98. The Canadian government would be all for it.

    With regards to the North American Free Trade Agreement (NAFTA), the US Government would be powerless to stop the importation of Microsoft products into the US. As IANAL, I'm not sure about the implications of Chapter 15 upon a corporation that changes countries during an ongoing monopoly investigation.

    Anyway, here's a link to a CANOE article from a month back that inspired this comment.

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    If a tree falls on an anonymous coward yelling 'first post' in the forest, does anybody hear?
  3. Re:Breaking up Microsoft by evilpenguin · · Score: 4
    something else will take away Microsoft's monopoly. It's happenned before (IBM)


    What you fail to mention is that a big part of the reason IBM lost its monopoly was a decade-long anti-trust investigation by the DoJ. IBM became a more conservative and careful company during this time, giving a number of competitiors considerably wider freedom of action.

    I cannot understand how it came to be that the notion of "free markets" (meaning, apparently, comeplete lack of legal and government oversight) came to be enshrined as a faith. And make no mistake, it is a faith. There is no evidence to support the notion that a completely laissez-faire approach to economics produces anything resembling a just and equitable society. What it does produce is violent boom-bust cycles and a small class of plutocrats.

    If you compare the present, highly regulated American economy to the American economy of any period prior to and including the Great Depression I think you will find a much wealthier populace, with a greater proportion of the population in the so-called "middle class." Of course there is still tremendous concentration of wealth. That's because wealth is power, and power will act to coerce the system to their interests. Of course there is considerable poverty, but much of this is due to failures of other social institutions, notably education. It is exacerbated by mental illness and drug abuse. I don't claim to understand the nature of these social ills. I have been lucky enough never to have been poor, so I don't pretend that I understand what it means, or why people find themselves there, but I do know that if we educated everybody and made a commitment to take care of those who truly cannot take care of themselves, things would be better than they are now.

    Sorry, I've drifted rather far afield. I guess what I'm saying is, when you hear the blanket assertion that "free market: GOOD, government regulation: BAD," question it. I don't think it is really so. If you believe it, ask yourself why.

    There is such a thing as a totally unregulated, unfettered, free-market business. We call it the mob. Ask youself if you want to live in a country where a business can do ANYTHING that is economically expedient, from dumping toxic wastes in rivers to assisinating rivals and then ask if regulation is all bad.

    I don't like socialism or communism. I do not believe in state ownership of industry or in the elimination of private property. I believe in the profit motive, and in the connection between entrpreneurship and wealth. I believe that a rising tide raises all boats. But I also believe that there are larger social interests than amassing wealth for one's stockholders, and that part of the role of government is to be responsive to those social needs and thus to act as a check on the power of privately held money. That's why your vote is so important. Your vote is the only other currency out there besides the dollars. Sure, dollars largely control elections, but they still have to have your vote. Don't think for moment that monied interests aren't glad that voter turnout keeps falling. That weakens the vote currency and strenthens the cash currency.

    It's all interrelated... Think...
  4. It's not enough by SurfsUp · · Score: 4
    a breakup would leave Microsoft (MSFT) with three or four viable businesses while still being the appropriate punishment for any antitrust violations

    In what sense is this a punishment? If history is any guide the shareholders will gain from a breakup if anything, a la Standard Oil.

    If split horizontally, the part of Microsoft that still owns the operating system will still be a bad actor, as will the part that owns the office products. If split vertically the companies will simply collude unless prevented from doing so by some sort of regulation - the sort of regulation that BillG has shown great willingness and skill at circumventing in the past.

    At minimum the following needs to be accomplished:

    Microsoft must be prevented from attacking its competitors and driving them out of business. (it's illegal for a monopoly to do this)

    Microsoft must be prevented from subverting public protocols and standards

    Microsoft must be prevented from extending its monopoly in office systems by means of secret file formats and protocols

    Microsoft must be prevented from leveraging its operating system francise by means of secret/patented api's, protocols and file formats.

    Microsoft must be prevented from using its monopoly position in operating systems and office applications to control the behaviour of OEM's, distributors, retailers, ISP's, online services, etc.

    Microsoft must be prevented from using its ownership/control of internet access providers and carriers such as cable companies to force use of it's proprietary software and/or protocols.

    How are these things going to be accomplished by a breakup? I'm very skeptical that a breakup will address these goals at all. In the end, further remedies will have to be applied or we'll see the same old thing all over again. Then what?

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    Life's a bitch but somebody's gotta do it.