CNET on anti-Microsoft Sentiments

by on April 9, 2007 · 6 comments

By attorney Lars Liebeler, in CNET, a discussion of recent antitrust actions here and abroad, in particular scrutiny of the Novell/Microsoft agreement.

Each generation has its antitrust bogeyman from Standard Oil down to AT&T & IBM. The short-run obsession in policy circles with a single company (when policy properly conceived ought to be anonymous for the best results in the long run) invites gaming the system, and results in exceptions dominating what ought to be the rules to an alarming extent. Principled resistance to this tendency is very weak in the EU, where fines are seized on to feed growing armies of bureaucrats in Brussels and the trend is fueled by anti-Americanism.

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About Solveig Singleton

Solveig Singleton is a lawyer and writer, with ventures into ceramic sculpture, photography, painting, and animal welfare work. Past venues for her policy work include the Cato Institute (mostly free speech, telecom, and privacy), the Competitive Enterprise Institute (mostly privacy and ecommerce), the Progress and Freedom Foundation (mostly IP). She is presently an adjunct fellow with the Institute for Policy Innovation and is working on a new nonprofit venture, the Convergence Law Institute. She holds degrees from Cornell Law School and Reed College. Favorite Movie: Persuasion. Favorite Books: Dhalgren; Villette; Freedom and the Law. Favorite Art: Kinetic sculpture--especially involving Roombas. Most obsolete current technology deployed: a 30 yr. old Canon AE-1. Music: these days, mostly old blues, classical guitar, Poe, Cowboy Junkies, Ministry. Phobia: Clowns.

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  • http://linuxworld.com/community/ Don Marti

    If two European companies figured out a way to sell Microsoft’s software in violation of the company’s intent but without technically violating the EULA, and Microsoft decided to rewrite its EULA to close the loophole, this guy would be arguing for the European companies, right?

  • http://linuxworld.com/community/ Don Marti

    If two European companies figured out a way to sell Microsoft’s software in violation of the company’s intent but without technically violating the EULA, and Microsoft decided to rewrite its EULA to close the loophole, this guy would be arguing for the European companies, right?

  • http://enigmafoundry.wordpress.com/ enigma_foundry

    One cold also say:

    Each generation of Americans have their own European bogeyman from King George down to de Gaulle…

    But, seriously, Standard Oil, AT&T and IBM were each restrained by operation of law within America. A fair observer would say that American Law has failed in this regard, in the case of Microsoft. You may say that that law against monopolies is not a good law. Fair enough. However, if we are to maintain this global system of trading, we have to be ready to compromise. The global system should not be built only according to the wishes of America, and in particular, large American Corporations.

    Now that another jurisdiction’s laws apply in a way different than those in America believe they should apply, suddenly it has to be UNFAIR somehow.

    Well, that is how the rest of the world feels when America forces laws similar to the DMCA act down their throats. This is to say nothing of TRIPS and the WTO. It seems that America almost always gets the world trading rules written to its specifications. Sometimes, though some other values from some other countries seep in that are foreign to Americas interests.

    Welcome to Globalization.

    Oh, and BTW, Microsoft has been given every chance to comply with the rules of the EU. They have ignored those laws and been extremely arrogant. At a minimum, one should read the testimony of Andrew Tridgell (the author of Samba) for an explanation of why Microsoft did not comply, and what it should have done.

    It is notable that one of the supposed ‘commentators’ on the EU’s treatment of Microsoft over at IPCentral, Mr. Noel Le, did not even know who Andrew Tridgell was. How can that be?

  • http://enigmafoundry.wordpress.com eee_eff

    One cold also say:

    Each generation of Americans have their own European bogeyman from King George down to de Gaulle…

    But, seriously, Standard Oil, AT&T; and IBM were each restrained by operation of law within America. A fair observer would say that American Law has failed in this regard, in the case of Microsoft. You may say that that law against monopolies is not a good law. Fair enough. However, if we are to maintain this global system of trading, we have to be ready to compromise. The global system should not be built only according to the wishes of America, and in particular, large American Corporations.

    Now that another jurisdiction’s laws apply in a way different than those in America believe they should apply, suddenly it has to be UNFAIR somehow.

    Well, that is how the rest of the world feels when America forces laws similar to the DMCA act down their throats. This is to say nothing of TRIPS and the WTO. It seems that America almost always gets the world trading rules written to its specifications. Sometimes, though some other values from some other countries seep in that are foreign to Americas interests.

    Welcome to Globalization.

    Oh, and BTW, Microsoft has been given every chance to comply with the rules of the EU. They have ignored those laws and been extremely arrogant. At a minimum, one should read the testimony of Andrew Tridgell (the author of Samba) for an explanation of why Microsoft did not comply, and what it should have done.

    It is notable that one of the supposed ‘commentators’ on the EU’s treatment of Microsoft over at IPCentral, Mr. Noel Le, did not even know who Andrew Tridgell was. How can that be?

  • http://enigmafoundry.wordpress.com/ enigma_foundry

    BTW: I had logged into the CNET. I found it rather telling that the replies were running heavily against Microsoft.

    Don’t these guys ever learn? They just mobilized many people against Microsoft by the poorly conceived corporate propaganda…

  • http://enigmafoundry.wordpress.com eee_eff

    BTW: I had logged into the CNET. I found it rather telling that the replies were running heavily against Microsoft.

    Don’t these guys ever learn? They just mobilized many people against Microsoft by the poorly conceived corporate propaganda…

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