[ale] AOL sues Microsoft

Kyle Lussier lussier at autonoc.com
Thu Jan 24 02:46:30 EST 2002



> Yeah...I know...none of us like it...but in the end it is capitalism.

I think my opinion on this subject is that the game of capitalism has
rules, and you need to follow them, otherwise the game itself becomes
damaged.  In extreme cases, "damaged" games of capitalism cause things
to happen like what is happening in Argentina.  You have to preserve
the integrity of the rules, at all costs.  The battle shouldn't be
anti-Microsoft, whatever.  The battle should be "play fair, stop
cheating."

Fundamentally, I think Microsoft has been an extraordinarily brilliant
player in the game of capitalism.  But the Sherman Act has been law
for a great many years.  Microsoft has been reminded of that many
times, and the Sherman Act defines rules for the game.  Those rules
say you can't use one monopoly to get another monopoly.  You can't
it's against the law, and it's against the rules of the game.

I don't blame Bill Gates for doing the things he has done.  I would
argue that it is healthy for any agressive company to do what they
are doing.  It becomes an issue, when the rules of the game get
damaged.

The Bush administration, for a variety of personal and contributor
related reasons, does not believe in Anti-Trust legislation.  That
is perfectly fine, and I respect their right to their opinion.
*But* the Sherman Act is law.  If Bush doesn't like a law, he should
go debate it in congress and get it repealed.

Bush most specifically should not ignore the law, nor grant an
exemption.  Going all the way back to 25 years ago, the Bush family
has been playing this game of selling exemptions to laws.  Back to
the day that Jeb Bush was involved in the S&L scandal, which cost
us $500 billion, to crony-ism getting exemptions for Enron so they
could hide money, to bank loans granted from tax payer dollars to
political friends that had no intention of repaying the loans.
For 25 years they have "sold" exemptions to laws.

Prior to Bush being elected, he met with Gates in Seattle for 3 days,
and Gates had visited him in Austin at the governor's mansion.
Gates has contributed more than $5 million to the Republican party,
and Gates has hired the both the form RNC chairman and the Bush's
presidential campaign director to work full time lobbying Bush.
According to the Tunney Act, you have to disclose all of this
lobbying, campaign contributions, visits, etc.  Microsoft, nor
the DoJ disclosed any of these visits, hirings, or campaign
contributions which are documented in many papers publicly.

For what it's worth, I was an avid Republican until Bush won the
presidency, so I'm not any "republican basher".

I just want the integrity of the game of capitalism to be healthy,
vibrant, and preserved.  And as Steve Ballmer put it, at the end
of the conference call related to the DoJ settlement, he snickered,
and said "I guess we have a green light to continue 'innovation'."

Fundamentally, I don't blame Gates.  It is our government that is
failing here and is not protecting the integrity of the rules of
the game, nor the integrity of capitalism and free markets in
America, and that is very very dangerous.

The deadline for public opinion in relation to the Tunney Act
is next monday.  I invite all ALE members, if you haven't already,
to submit your opinions.  There is a rumor flying around that
Microsoft has "bought" a great deal of people to write in supporting
the settlement.  My feeling is that is not a true reflection
of the reality.

Please consider submitting your comments before Friday to make
sure they are included in the federal registry about this situation:

  http://www.codeweavers.com/~jwhite/tunney.html

Because if this matters to you, it's time to stop procrastinating.
The Tunney Act exists to insure integrity in the game of capitalism
remains, but the Tunney Act is "public opinion" driven, and it's
purely numbers that count here. Please forward that link to everyone
you know.

Kyle Lussier



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