Subject: Re: [LINUX:10071] Microsoft, ABD adalet bakanligi: ilk karar: MS monopol'dur
From: Ertugrul Komut (linux@gul.net.tr)
Date: Sun 07 Nov 1999 - 21:19:23 EET
ya arkadaşlar,
butür şeylerin en azından türkçe özetini de eklermisiniz lütfen.....
burda tek ingilizce bilmeyen ben değilimdir sanırım...
Mustafa Akgul wrote:
> Bilgilerinize!
> Saygilar
> Mustafa Akgul
>
> %Kararin tam metnin bir kopyasi
> http://akgul.bilkent.edu.tr/%7Eakgul/ms-dos/findfact.html
> olarak okuyabilirsiniz.
>
> --------------------------------------------------------------
> This story was printed from ZDNN,
> located at http://www.zdnet.com/zdnn.
> --------------------------------------------------------------
>
> Judge drops hammer on MS 'monopoly'
> By Charles Cooper, ZDNN
> November 5, 1999 3:50 PM PT
> URL: http://www.zdnet.com/zdnn/stories/news/0,4586,2389415,00.html
>
> Story updated at 9:40 PM PT
>
> When it opens for business Monday morning, Microsoft will still be the
> most powerful software company in the world and Bill Gates will remain
> its richest inhabitant.
>
> Nothing has changed. And yet, everything has changed.
>
> Late Friday, Microsoft (Nasdaq:MSFT) suffered a crushing defeat when the
> presiding judge in its historic antitrust trial determined that the
> company had wielded monopoly power like a club -- to bash its competition
> and bludgeon innovation.
>
> In his 207-page findings of fact, Judge Thomas Penfield Jackson backed
> the government's main charges against the software maker - virtually in
> toto. And in so doing, he foreshadowed how he might rule when the time
> comes to determine whether Microsoft broke the law.
>
> The scope of the defeat was surprising, if not shocking, according to
> analysts and even some of the participants. Prior to the release of the
> Judge's decision, officials on both sides privately acknowledged they
> might lose a few while the other side might win a few.
>
> But nothing like this.
>
> "This is a tremendous victory for America's consumers," said antitrust
> chief Joel Klein at a Washington press conference that resembled a
> victory celebration. "Microsoft is a monopolist and it engaged in massive
> anti-competitive practices that harmed innovation and limited
> competition. It shows once again that in America, no person and no
> company is above the law."
>
> For the most part, the DOJ's triumph didn't surprise industry players.
> Almost without exception, long-time Microsoft rivals reacted by saying
> they'd expected to see Microsoft declared a bullying monopolist. "The
> ruling confirms what we all know," said Novell CEO Eric Schmidt. "Most
> people would say they're a monopoly on the desktop...[But] the position
> that Microsoft has should not allow it to do something in other markets."
> Microsoft's response was muted. Company officials expressed confidence in
> their chances for prevailing. At the same time, Gates appeared to offer
> an olive branch, inferring, at least by some interpretations, that room
> existed for finding an out-of-court settlement. He said Microsoft was
> ready to find a way to resolve the case in a way that was "fair to
> Microsoft, fair to the government and most of all fair to consumers."
>
> For now, though, Microsoft's fate remains in the hands of a judge who
> legal experts believe is all but ready to throw the book at the company.
>
> Microsoft's lawyers argued heatedly during the course of the 76-day trial
> that the company was not a monopolist. They also disputed the
> government's charge that Microsoft had sought to choke off outlets of
> distribution for a competing Internet browser made by Netscape
> Communications Corp.
>
> Mincing no words
> But in his ruling, the judge was having none of that. Jackson said
> Microsoft had used its position to harm consumers and rivals.
>
> What's more, he said Microsoft continued to enjoy an "extremely large and
> stable" portion of the market for software operating systems. In fact,
> Jackson said Microsoft was so dominant in the market for Intel-based
> operating systems "that if it wished to exercise this power solely in
> terms of price, it could charge a price for Windows substantially above
> that which could be charged in a competitive market."
>
> Contradicting the arguments offered by Microsoft's lawyers, Jackson
> concluded that the company's share of Intel-compatible PC operating
> systems was "extremely large and stable" and protected by a high barrier
> to entry. As a result, he said, Microsoft's customers "lack a
> commercially viable alternative to Windows.''
>
> That could be an especially troubling harbinger for Microsoft because
> Jackson wrote that Microsoft had harmed consumers in immediate and easily
> discernible ways.
>
> "They have also caused less direct but nevertheless serious and
> far-reaching consumer harm by distorting competition," according to
> Jackson.
>
> Ever since the lawsuit was filed in May 1998, Microsoft has argued that
> the company was being penalized for aggressive but not illegal behavior.
> In direct testimony and depositions, they pointed to the growing
> emergence of old and new rivals to Microsoft's power, such as Linux and a
> newly powerful America Online Inc. (NYSE:AOL). But in painting Microsoft
> as willing to use its power to harm other firms, Jackson has laid the
> groundwork for concluding that the company broke the law.
>
> "Microsoft has demonstrated that it will use its prodigious market power
> and immense profits to harm any firm that insists on pursuing initiatives
> that could intensify competition against one of Microsoft's core
> products," Jackson wrote.
>
> Winning appeals
> An appeals court that could eventually hear the case already has sided
> with Microsoft twice. In 1995, the U.S. District Court of Appeals for the
> D.C. Circuit overturned a decision by Federal Judge Stanley Sporkin, who
> had refused to sign a consent decree between Microsoft and the DOJ
> because he felt it wouldn't rein in the company. And in 1998, the appeals
> court reversed another anti-Microsoft ruling, this one by Judge Jackson.
> In that ruling the appeals court declared that Judge Jackson was wrong in
> ordering the company to unbundle its Internet Explorer browser from
> Windows 95. Microsoft may well take its chances for a third exoneration,
> pushing forward without settling.
>
> Reached by telephone, one of the two lead prosecutors in '(Microsoft
> the case, Stephen Houck, said the judge's decision was a has) also
> slam-dunk for the government. caused less
> direct but
> "It's everything I possibly could have hoped for," he nevertheless
> said. "It's a closely reasoned decision that on no serious and
> uncertain terms portrays Microsoft as an abusive far-reaching
> monopoly." consumer harm
> by distorting
> Houck, who returned to private practice after competition.'
> participating in the final round of verbal presentations
> by the two sides earlier this fall, said he detected a -- Judge
> change of tone in reading Microsoft's initial statements Thomas
> following the ruling. Penfield
> Jackson
> Settlement mode?
> "Gates sounds more conciliatory than in the past," he
> said.
>
> However, Houck was uncertain whether the weight of the ruling would
> provide an extra incentive to Microsoft to settle.
>
> "In the past, what Microsoft has proposed has not been sufficient to
> allay the concerns we had," he said.
>
> Other trial-watchers remained just as unconvinced that the ruling might
> draw the two sides together. Indeed, some, like antitrust attorney
> Stewart Gerson, suggested Microsoft might opt to roll the dice and take
> its chances with an appeals court.
>
> Gene Crew, an attorney with Townsend, Townsend & Crew agreed. "The judge
> just really rips Microsoft's arguments," said Crew, who has represented
> plaintiffs in a private antitrust case against Microsoft. "But they're
> not in settlement mode."
>
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