>
> >A Microsoft
> >attorney asked Apple executive Avadis Tevanian: "Suppose Microsoft simply
> >decides not to offer a product. Do you have a problem with that."
> >Tevanian's answer: "Yes. I have a problem with them doing it when they are
> >using it as a threat to get us to do something we didn't want to do."
>
> okay.. legal theory self-test. those who really *do* know the law, please
> check my math:
> and i /think/ the following are true:
>
> an action (or abstention) which has no meaningful change on the status quo
> is not a consideration.
Where party A threatens to harm (i.g. destroy the market viability
of) party B, unless they do A a series of "favors", that is called
extortion.
This marketing tactic is used by various groups of teenagers, and
sometimes organizations of older personages without what one might call
corporate type jobs, usually in less than gentile neighborhoods. Harm is
often left unmentioned in these verbal agreements, but can include
splintering of transparent materials as well as calcium-magnesium based
organic structures often used for bipedal locomotion.
> Microsoft already receives consideration for producing software which runs
> on a Mac. users pay for it. if Microsoft stops producing Mac software,
> they lose the consideration they currently receive. therefore, Microsoft
> has no legal right to demand additional consideration for continuing to
> produce Mac software.
That would seem to be a reasonable legal conclusion, although for the
different reasons.
> if Microsoft had offered to do something additional, like offer more
> products, push up a release date, or step up their Apple-related marketing
> budget, it would have been a fair deal. "i'm going to shoot my little toe
> off unless you give me $20" is *not* a legal contract, though.
I suspect a marketing type would phrase the analogy "shoot my little
toe off while it is resting against your left eyeball."
MS is not acting as a good corporate citizen. It needs to be
dismembered, or worse. I vote for the corporate death penalty.
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