copyright 1997, Rex Ballard
After the Fall - Microsoft's Future
Life isn't over for Microsoft, but they will be sharing with some other
June 10, 2000
The Judge has Ruled - What now.
Judge Thomas Penfield Jackson
, not only is Microsoft a Monopoly, but it's executives face
criminal charges if they attempt to go back to "Business as Usual". .
The exact wording of the Judges Ruling indicates that the illegal practices
such as forbidding dual-boot systems, sabatoging other systems, and forbidding
these practices. These were ruled illegal during the findings of Law and
Microsoft just turned around and told OEMs that they would only get "Medialess
Windows 2000" which trashed the MBR and could not be recovered if it was
corrupted by a third party operating system install.
Microsoft constantly in Contempt of Law
Microsoft's flagrant disregard for every aspect of the law, from 1987 to
present is astonishing. They have violated the spirit and intent of every
ruling, every settlement, and every negotiated "Deal" with "partners",
with the Federal Trade Commission, with the DOJ, with Sun, with Novell,
with IBM, with nearly every contract, Microsoft has demanded that the other
side give up critical advantages only to exploit the negotiated deal with
a loop-hole that renedered the contract meaningless.
Let the Punishment Fit the Crime
The Judge was acutely aware of Microsoft's ability to create meaningless
contracts, and each of Microsoft's proposals were frivolous attempts at
creating a meaningless settlement, a meaningless remedy, and a meaningless
Why Micrososoft WON'T win on Appeal
Microsoft will have a hard time getting the apellate court to see thing
it's way, since the Microsoft executives, including it's Chairman, CEO,
and top marketing executives confessed to Extortion, Blackmail, and Fraud
on repeated occaisions. Their justifications of trying to protect their
monopoly from Piracy, Competition, and loss of intellectual property won't
carry much weight with the appeals judges.
Antipiracy is no longer a valid defense for Microsoft.
The Piracy arguement might have held some weight if there weren't 500 million
machines licensed with Microsoft software before they every left the OEM's
door. Microsoft eventually became the world's largest company.
Bill Gates was the world's weathiest man. The few cases of Piracy
Microsoft has successfully proven have been against immigrant families
running small shops and barely able to speak english. They get out
of court settlements.
The only valid competition, to Microsoft, is total domination by Microsoft.
Competition - the only significant competitor was the Apple Macintosh and
Microsoft controlled that with Microsoft Office. Even the WindowsCE was
loaded with a miniature version of Office. Each time Microsoft cites
competition, it brings up markets where Microsoft has been able to capture
a substantial market share from an established market. Appearantly
Microsoft believes that it's fair market share is 95% of all information
The Intellectual Property Rights of WHOM?
As for Microsofts' intellectual property rights, it's hard to be sympathetic
here either. Nearly ALL of the technology used by Microsoft to get access
to the Internet was stolen from the UNIX community who wrote TCP/IP stacks,
Mosaic, and Java applets with the intent of breaking Microsoft's monopoly.
When NCSA agreed to let Spyglass sell "Branding Rights" we were talking
about changes in to the icons, bookmarks, and selection menus. Microsoft's
IE was a clear violation of the intentions of the people who created it
- including Marc Andreeson.
Locked out but totally exploited.
Furthermore, Linux, which had been developed by thousands of developers,
promoters, designers, testers, and support staff had been locked out for
over 7 years. Even more ironic was that Microsoft repeatedly exploited
the innovations of Linux, announcing them as their own proprietary innovations.
Damage everywhere but nobody "hurt"?
To claim that no one was harmed is a bit rediculous. In addition to the
numerous witnesses who were called during the DOJ trial, there are at least
200 companies that were once great leaders in a highly competitive industry
that are now decimated and the few skeletons that are left are locked out
of the marketplace. Some have been on the verge of bankruptcy or have been
absorbed by hostile takovers.
Microsoft and the Internet
Microsoft responsible for "New Economy"?
Perhaps one of the greatest travesties in this case is Microsoft's claim