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Microsoft & Justice Department

by Steve Gibson, Nov 01, 2001 7:08am PST
Related Topics – Microsoft

It appears our friends at Microsoft have made some progress in settling their little legal scuffle. Reports from a few places are saying that the Justice Department and Microsoft have reached a tentative settlement. (Also on MSNBC & AP). Thanks PsYk0

The agreement would reportedly force the software company to end restrictive deals with computer makers, release some of the software code for Internet Explorer, and offer versions of Windows with and without added features such as MSN Messenger.




Comments

20 Threads | 65 Comments






  • Silliest settlement I've ever seen. Although not final, there wouldn't be leaks of a settlement any stronger. Doesn't touch one tenet of reducing monopolistic powers/antitrust.

    This also comes with the dropping of the individual States' cases, and therefore, no civil cases could be brought to fruition either, which was where the real damage was likely to occur. By Settling this--Kudos to MS's legal team--they made up for incredible lost ground, but likely it had more to do with the republican administration coming in. Razberries to consumers, who will likely have to depend on Linux as their last hope for any form of cheap desktop on i386. I hear snickers on that last comment... :)

    There is also the Euro suits, which will likely go the opposite way. Funny how Maarten wants to move to the States and I want to get the hell out of this false democracy...heh...

    I find this stunning in that legislation against corporations is now so short-sigted. With fewer companies controlling the media and operating system worlds, the capitalistic model is starting to show it's weaknesses. I see an eventual end to anti-trust. With corps under control of courts and politics, well, you know the rest. SHould be relatively predictable.

  • "Uh.. yeah we promise to stop breaking laws."

    You mean, of course, the Sherman Anti-Trust Act. I present same in its entirety:
    SECTION 1 Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding ten million dollars if a corporation, or, if any other person, three hundred and fifty thousand dollars, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court.

    SECTION 2 Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding ten million dollars if a corporation, or, if any other person, three hundred and fifty thousand dollars or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court.


    Yep, that's it.

    Now I had written quite the thesis here about why the Sherman Act is incompatible with the Rule of Law, etc etc etc, but it was over 4k and got rejected :( So I'll just summarize.

    Read the Sherman Act. There is no way a court can objectively determine whether it has been violated, because it uses ambiguous terms without defining them. Further, divestiture (breaking up a company) is not included in the list of penalties, and thus in ordering that penalty, the court itself breaks the law.

    Even if you accept the legitimacy of anti-trust law (which I do not), you cannot accept the Sherman Act as a viable implementation, nor can you accept the way in which that law has been executed by the American courts.


    MoNsTeR