---------- Forwarded message ----------
Date: Wed, 21 Jan 1998 17:50:28 EST
From: Das GOAT <[EMAIL PROTECTED]>
Subject: Your Options in "the Free Market"

The "Free Enterprise" gospel according to Bill Gates and other Capitalists:

       > Asked how small software companies could compete ...
       > [Microsoft] said [competitors] had three possible paths:
       >They could fight a losing battle,
       > they could produce a successful product and then
       > sell out to another large company, or
       > they could "not go into business to begin with"
_____________________________________________________

 ...Microsoft Makes Nice

   Many voices debate the questions of monopolies and anti-trust in
   the information age

     TBTF for 12/24/97 [1]

     With its contempt hearing coming up on Tuesday 1/13, Microsoft last
     week decided it was time to apply some salve to the wounds it had
     opened by treating the judiciary and the Justice Department in the
     same manner it treats competitors. The company sent top executives
     (but not Bill Gates) fanning across the country late last week giv-
     ing interviews such as the one described here [2], in which COO
     Robert Herbold (as Eddie Haskell) said that both the company and the
     Justice Department may have made statements that were too strong.
     A Bloomberg story (not online) reported this exchange with Herbold
     during one of these damage-control sessions.

       > Asked how small software companies could compete on products
       > that Microsoft plans to fold into its operating system, Herbold
       > said smaller rivals had three possible paths: They could fight a
       > losing battle, they could produce a successful product and then
       > sell to Microsoft or another large company, or they could "not
       > go into business to begin with because, hey, if you're a betting
       > person, you know which way it's going to go."

     The Justice Department, meanwhile, has filed a motion asking that
     Microsoft be assessed $1M / day in fines for contempt of Judge Jack-
     son's Dec. 11 order [3].

     To bolster its request for the removal of Special Master Lawrence
     Lessig, Microsoft published [4] what it called disparaging email
     notes [5] that Lessig had written last summer to an attorney at
     Netscape. Following a telephone conference on 1/6, Lessig refused
     to step down [6].

     Here are a few other sidelights on the Microsoft-Justice dispute.

      - A software entrepreneur, Rich Seidner, gives a blow-by-blow
        account [7] of the Microsoft takeover of a small corner of
        technology: "What I learned is exactly how Microsoft's com-
        petitive practices can do harm."

      - Virginia Postel writes that it was Apple, not Microsoft, which
        has habitually behaved like a monopolist [8].

      - Obtain if you can a copy of the 1/12/98 issue of the New Yorker.
        (As far as I know the magazine does not have a Web presence,
        although it secured the domain name newyorker.com in 1993.) In
        this issue John Cassidy relates the gradual acceptance of the
        big idea of Stanford economist Brian Arthur: that conventional
        antitrust thinking is simply inapplicable to large parts of the
        modern economy, in particular to high tech and telecomms. These
        markets are characterized by "increasing returns" (this is
        Arthur's term -- other economists tend to say "network extern-
        alities"), and in such markets the value of a product increases
        along with the number of people who are already using it. Network
        externalities obviate the expectation that unfettered markets
        will select the best products and maximize benefit to the con-
        sumer. Instead, inferior products can win out because of mere
        happenstance: small events, such as a misleading marketing cam-
        paign or a "vaporware" leak, can be magnified into large swings
        in sales. In this environment it is expectable that a few firms
        will establish lasting and lucrative monopolies, almost regard-
        less of the merits of their products; and competition will not be
        restored without government intervention. These ideas were ana-
        thema to mainstream economists in 1984 when Arthur first tried to
        publish them; his paper "Competing Technologies and Lock-in by
        Historical Small Events" did not see print until 1989. Arthur's
        ideas have influenced, among many others, the economist Steven
        Salop (an advisor to the Justice Department on the Microsoft
        case) and the Silicon Valley lawyer Gary Reback, who works with
        Netscape against Microsoft.

     [1]  http://www.tbtf.com/archive/12-24-97.html#s01
     [2]  http://www.news.com/News/Item/Textonly/0,25,17921,00.html?pfv
     [3]
http://www.techserver.com/newsroom/ntn/info/011198/info11_17086_noframes.html
     [4]  http://www.news.com/News/Item/Textonly/0,25,17800,00.html?pfv
     [5]  http://www.microsoft.com/CorpInfo/DOJ/1-5lessigltr.htm
     [6]  http://www.news.com/News/Item/Textonly/0,25,17867,00.html?pfv
     [7]  http://www.news.com/Perspectives/Soapbox/rs12_30_97a.html
     [8]  http://www.reason.com/9801/ed.vp.html

___________________________________________

     TBTF for 1/12/98: Immune response

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