Microsoft Antitrust: How many times do I have to say this?
November 02, 1998
First, this aphorism, from a friend of mine who wishes to remain anonymous: "If Microsoft were competing fairly, surely its software wouldn't be this bad." Amen.
Early in the week, while he was still conducting his amazingly drawn out cross-examination of Netscape's James Barksdale, Microsoft lead litigator John Worden said he believed the government was applying a double standard on the subject of dividing markets, with one standard applied to Microsoft and one to Netscape.
Duh! I don't know how many times I have to repeat myself here, but that is exactly the point. Microsoft is a monopolist with market power. Actions which are perfectly legal for a non-monopoly (say, Netscape), are illegal when you have a monopoly.
What saddens me is that John is a well educated attorney who knows this fact, but chooses to twist it around in the black is white/white is black world of trial advocacy. I just hope that, having proven black is white, Worden is not run over the next time he's in a crosswalk (apologies to Douglas Adams).
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