Post #16,303
11/3/01 12:54:39 AM
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Huh?
Never said the guy was a paragon of virtue...just that he wasn't the evil bastard he was being made out to be by the opposition because he happened to go to church on Sunday.
And can't say I'm tremendously happy here.
It appears that MS has gained material benefit from completely unforseen events...with Justice essentially folding on the most important aspect of the case under the threat of "its bad for the economy"
I am hopeful that XP will fail miserably...since it seems to be as big a pile of GAK as was made out to be.
Also hopeful that the States will reject this...and that Europe will be hard on them...and that AOL or the Mozilla Team quickly asks for the API and gets stiffed so the Court can vacate this POS ruling.
You were born...and so you're free...so Happy Birthday! Laurie Anderson
[link|mailto:bepatient@aol.com|BePatient]
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Post #16,334
11/3/01 9:37:10 AM
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Seconded
I don't remember if I posted much, or any, about it, but the things Ashcroft was being attacked for had nothing to do with his ability or inability to do the job. He isn't a racist, he isn't a fascist, he isn't a Bible-thumping fundamentalist. On the other hand, I have no doubt that he still has a boner from the USA Act (but then what AG wouldn't? Except for Twirp Reno.)
His opponents would have had a lot more credibility if they'd been willing and able to point to specific examples of incompetancy or favoritism.
Besides all that, I doubt he had much personal involvement in this settlement anyway; he's got other things on his plate. I would not be surprised to learn that he didn't tell the people involved in these "negotiations" to play nice.
And realistically, if there was to be any negotiated settlement, do you think Microsoft would have agreed to anything more than this? I'm actually surprised they agreed to what is in the settlement. There are more things than "be nice to Microsoft" going on here; imagine the career path of a lawyer in the currently Politically Correct environment who throws the mess back into the judge's court while saying "we couldn't work out a settlement".
"Beware of bugs in the above code; I have only proved it correct, not tried it." -- Donald Knuth
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Post #16,471
11/4/01 1:48:32 PM
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"completely unforseen events"
I don't think that phrase means what you think it means.
This was just the most convinient excuse.
There's no reason why the case could NOT be persued as before.
Once Bush was elected, MS knew it had won. What the justification / rationalization / excuse would be had not been determined.
But everyone knew that one would be found.
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Post #16,495
11/4/01 6:56:03 PM
11/4/01 7:28:20 PM
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Don't think so...
...or it would've ended sooner...with less oversight.
I've a feeling that the immediate shot to the economy in Sept-Oct forced a "settle this now" attitude...and gave Gates' argument more meat...and this was the quickest out they had.
Again...XP is a pile of crap...a downgrade from 2k...so we'll see if the market can do what its supposed to do.
I would really like have seen someone have a linux distro ready to counter the launch of XP...and again have been disappointed.
I like Mdk 8.1...but its still not replacement material. Neither is RH.
You were born...and so you're free...so Happy Birthday! Laurie Anderson
[link|mailto:bepatient@aol.com|BePatient]
Edited by bepatient
Nov. 4, 2001, 07:28:20 PM EST
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Post #16,505
11/4/01 7:47:58 PM
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Sooner?
"With less oversight"?
Have you read the proposal?
This settlement is EXACTLY what we said would happen. A slap on the wrist.
Economy? Doesn't the break up of a monopoly usually result in MORE jobs and such?
Check out the telephone companies and such.
MS wanted Bush elected because Bill knew that he'd be let off if that happened.
Just like it DID happen.
If this settlement isn't EXACTLY what MS wanted, why don't you tell me how it will affect their business practices? In real terms. How will it hinder their continued leverage of their desktop monopoly? How will it stop them from crushing competition? Anything.
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Post #16,537
11/4/01 11:35:59 PM
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Before the election, even.
"With less oversight"? Have you read the proposal? This settlement is EXACTLY what we said would happen. A slap on the wrist.
Not even that.
But its tougher - damning with faint praise - than the settlements that were attempted before now - before Bush was elected. As you should recall, as you and I both sneered at them, then.
Given that, I can't say that Bush being elected changed anything.
Addison
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Post #16,546
11/5/01 2:02:07 AM
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Re: Before the election, even.
Not even worth the discussion.
This one would be like arguing the point with Ross. >eveel Repos<
You were born...and so you're free...so Happy Birthday! Laurie Anderson
[link|mailto:bepatient@aol.com|BePatient]
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Post #16,585
11/5/01 10:17:50 AM
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I can.
Given that, I can't say that Bush being elected changed anything. According to all reports, previous settlement attempts (under the previous administration's watch) where BillG(e) attempted to get an agreement as toothless and spineless as this were summarily rejected out of hand by the DoJ. Now they're accepted with full Doublespeak justification. Yes, something changed all right....
jb4 (Resistance is not futile...)
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Post #16,605
11/5/01 11:33:16 AM
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No, you can't.
According to all reports, previous settlement attempts (under the previous administration's watch) where BillG(e) attempted to get an agreement as toothless and spineless as this were summarily rejected out of hand by the DoJ. Now they're accepted with full Doublespeak justification.
Yes, something changed all right....
Read them again.
Because that's bullshit.
The DoJ tried to settle this *at every turn*.
The *STATE AG's* are the ones who rejected all of that out of hand. As they are this. (Which is why I think its a ploy, cause the DoJ has tried to settle this many, many times.
They tried to settle this before the trial, during the trial, when Jackson TOLD them to try and come to an agreement.
"All reports"? Bullshit.
Go back and reread them. The State AG's have been the driving force - not the DoJ - under the previous administraton OR this one.
Addison
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Post #16,604
11/5/01 11:31:25 AM
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Refresh my memory.
I don't recall previous settlements getting this far.
I do remember the DoJ taking a hardline stance regarding what it wouldn't accept.
Then the talks would fail because MS didn't want actual restictions.
Did I miss something?
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Post #16,607
11/5/01 11:37:39 AM
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Yep.
Did I miss something?
Yep.
The DoJ tried to settle this with a toothless CD at the start. Did you miss that?
The DOJ tried to settle this with a toothless settlement at the beginning of the trial. Guess you missed that.
*And* (and I know you commented on it) when Jackson *mandated* talks after the fact phase, the DoJ was trying to settle - and it was the *STATE AG's* who shut those talks down, remember Posner being upset about that? Not the DoJ. The State AG's. Bush/no Bush ain't the problem, its the DoJ Just Doesn't Get It, and HASN"T, the entire time.
Addison
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Post #16,608
11/5/01 11:50:24 AM
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Some refreshment.
[link|http://www.theregister.co.uk/content/7/16104.html|[link|http://www.theregister.co.uk/content/7/16104.html|http://www.theregis...7/16104.html]]
Gah. Google's not responding well to searches on that, wonder if we should start conspiracy theories.. :)
Less glamorously, Auletta who had access to the leading players throughout, sheds some light on how close Microsoft came to settling the case, after many months of stroppy intransigence, before Jackson offered his Conclusions of Law. Eighteen drafts of a Posner-mediated draft were circulated between Klein and Gates, with Gates willing to sacrifice some of his most strongly-defended "principles" to avoid a break-up judgement.
In the penultimate fourteen page final draft - Draft 18 - Justice had agreed to two clauses that were incredibly attractive to Microsoft. One, as part of the settlement, the DoJ would vacate Judge Jackson's Findings of Fact - where he established that Microsoft was a monopoly. The other imposed a new consent decree lasting only another five years. Since the IBM trial imposed a much-longer consent decree, and Microsoft had already been deemed to break its existing decree, this looks pretty indulgent. Regardless of what a Bush-led Department of Justice may now do with the case, the Findings of Fact are unlikely to be withdrawn. A judge needs to be found to be either insane or corrupt for this to happen, and although Microsoft may think Penfield Jackson qualifies on both counts, the idea isn't going to find much traction outside Seattle. So leaving the Findings of Fact on the record exposes Microsoft to years of potential private actions, and with AOL's Steve Case explicitly raising the possibility, such actions are likely to find backers with deep pockets.
The agreement included other areas that not surprisingly, Microsoft felt it could live with: ceding some modest editorial control over the boot-up screen to OEMs; a promise not to reliate against OEMs; and instead of the neutrally-run compliance lab, an internal Microsoft antitrust compliance officer. Yes, you read that last bit correctly: and isn't that worthy of a sitcom in its own right? The Compliance Officer...
Perhaps its no wonder that the States attorney generals, who were jointly pursuing the action, felt left in the cold by the mediation process, and torpedoed the settlement. Leaving Posner and Microsoft furious: the former called them "assholes".
That help any? Looking for more, I remember lots more, but that was up to and over a year ago, and the Web's not always great at maintaining historical records.
Addison
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Post #16,634
11/5/01 2:38:15 PM
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Are we using different definitions?
"Eighteen drafts of a Posner-mediated draft were circulated between Klein and Gates, with Gates willing to sacrifice some of his most strongly-defended "principles" to avoid a break-up judgement."
So, Posner came in after the initial finds of fact.
That is, after the trial (essentially).
And the DoJ and MS were working on settlements.
And these settlements involved MS giving up things MS didn't want to give up in order for MS not to be broken up.
See the above quote from your quote.
Now, MS doesn't seem to be giving ANYTHING up.
And there are reports of re-writing the case to show it being ONLY the DoJ vs MS and letting the states go it alone.
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Post #16,637
11/5/01 2:47:43 PM
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I have no idea what you're using.
So, Posner came in after the initial finds of fact.
In the one link I found. There were others, earlier on. But I don't suppose you'd actuall admit to being incorrect if I found them, too.
That is, after the trial (essentially). And the DoJ and MS were working on settlements.
And apparently had one.
And these settlements involved MS giving up things MS didn't want to give up in order for MS not to be broken up.
Apparenly MS was gung-ho about the one that they had. so whatever they "Gave up" it wasn't much.
To Repeat: the DoJ has been trying to settle this ineffectually the whole time. That was one, very quick proof of that.
Its customary to say "You're right" or "Sorry about that" when these things occur.
And there are reports of re-writing the case to show it being ONLY the DoJ vs MS and letting the states go it alone.
So?
They've been pushing the DoJ's nose to the grindstone the whole time - the DoJ's wanted out from the get-go.
Any changes are minor - and about as bright as their attacks during the trial. As you might remember, the damage to Microsoft occured TOTALLY (almost) in the DEFENSE PHASE. Had M$ rested their case after Boise got through - M$ would have walked.
So what *proof* do you have that Bush changed a cotten-picking THING about this, other than your bigotry? I don't see a damn bit of change, and if it did occur, it was pretty damn slight.
Addison
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Post #16,675
11/5/01 4:46:05 PM
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Whatever.
"So what *proof* do you have that Bush changed a cotten-picking THING about this, other than your bigotry?"
Oh, not a bit of *proof*.
Just a prediction that I made back before the election.
A prediction that has come true now.
And the observation that the DoJ could have gotten this type of settlement from MS at anytime prior to Bush being elected.
But, for some reason, they didn't.
And the DoJ could have dropped the case at any time and left the states to pursue their own course.
Just as is happening now.
But they didn't do so then.
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Post #16,699
11/5/01 5:09:54 PM
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Re: Whatever.
Oh, not a bit of *proof*. Just a prediction that I made back before the election. A prediction that has come true now. And the observation that the DoJ could have gotten this type of settlement from MS at anytime prior to Bush being elected.
And they tried.
As I showed. (And you failed to even acknowledge the issue)
Is it *that* hard to even admit that maybe - Bush and his boys didn't fix this, its not about oil, big biz, and screwing over the little people, but the same idiots at the DoJ that have been trying it the WHOLE TIME?
The DoJ does the *exact* *same* *thing* that they did under Clinton, but I guess *THAT* was Bush's fault, too?
But, for some reason, they didn't.
They did - on several occasions, one link to EXACTLY the same thing (under Billy Boy) you apparently failed to peruse.
And the DoJ could have dropped the case at any time and left the states to pursue their own course. Just as is happening now.
No, they haven't dropped it. They could have, they haven't.
Your "facts" are getting further and further from (independantly) established reality. (There, that's another tangent you can go down, rather than address the main point thus - that its barely, if at all different, than the DoJ's actions throughout this WHOLE case - which you won't even discuss,... Lemme guess... Bush sabotaged their prosecution, too?)
(For such an idiot, damn , he's effective!)
Addison
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Post #16,722
11/5/01 6:00:48 PM
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Again, whatever.
This settlement is completely toothless.
I see no reason why MS wouldn't have been happy with this before the trial.
But it didn't happen.
Now it is.
"Your "facts" are getting further and further from (independantly) established reality."
Whatever. This settlement didn't happen before the election. Now it seems to be assured. Even if the states have to be excluded to get it through.
If that is a "fact" to you, then so be it.
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Post #16,728
11/5/01 6:21:31 PM
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Earth to Brandioch......
This settlement is completely toothless. I see no reason why MS wouldn't have been happy with this before the trial.
And they were offered something apparently similar to this - and the State AG's shot it down.
But it didn't happen. Now it is.
In case you missed the last few years, Microsoft has been screaming that they did nothing wrong, so there's no settlement needed, that it all was for our benefit, and nobody got hurt. They went to trial, sure they'd prove their case - and the Prosecution - under Clinton failed utterly. The entire damage done was in REBUTTAL to the defense witnesses.
This settlement didn't happen before the election. Now it seems to be assured. Even if the states have to be excluded to get it through.
I was hoping you were just being dense on purpose.
There wasn't a REASON to before the election - it was still being appealed!
[link|http://dailynews.yahoo.com/h/ap/20011101/tc/microsoft_chronology_1.html|[link|http://dailynews.yahoo.com/h/ap/20011101/tc/microsoft_chronology_1.html|http://dailynews.ya...ology_1.html]]
-Sept. 26: Supreme Court refuses to hear Microsoft's appeal of Judge Jackson's decision, sending the case instead to a federal appeals court in the District of Columbia.
(Notice the gap between Sep and Jan, then the appeals court ruling in Feb. The election was in November. )
-Jan. 2001: Government and Microsoft filed briefs to the federal appeals court. Microsoft says Jackson's many comments to journalists show his bias against the company.
-Feb. 6: Appeals court schedules time during oral arguments for discussion about Jackson's behavior outside the courtroom.
-Feb. 26-27: Appeals court hears oral arguments. Judges lambaste Jackson for extrajudicial comments.
-June 28: Appeals court throws out breakup order, citing Jackson's comments.
-Aug. 7: Microsoft asks Supreme Court to take up case.
-Aug. 24: U.S. District Judge Colleen Kollar-Kotelly picked at random to take up Microsoft case.
-Sept. 6: Justice Department announces that it will no longer seek a breakup of Microsoft.
If that is a "fact" to you, then so be it.
So you dismiss whatever you don't like to see...... and then insinuate that my comment you're talking less reality is.. somehow.. off base.
The appeals court hadn't even gotten the case when the election was held.
There was no reason for MS to seriously settle UNTIL the Supreme Court had tossed them on their ear.
Now, they've got a problem. They've got a judge who wants a setltlement, and who doesn't apparently know that Microsoft isn't trustworthy. (which I guess I'll have to remind you of, since your history has evaporated).
So they propose a remedy as toothless as the first, and Golly! Microsoft is OK! With! It! Just like they were the LAST time, and the state AG's had to shoot it down.
If you're going to insist that Bush and his boys had anything to do with it, you have to show some PROOF, because its the EXACT SAME TOOTHLESS BULLSHIT for the last 3-4 years.
Are you *that* far gone you can't even see the context of the trial, the state AG's, what has happened before,.....?
Then tell me how Bush affected the previous 2-3 attempts to produce a settlement - years before his election.
Addison
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Post #16,733
11/5/01 6:47:40 PM
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Again, whatever.
Yes, it was being appealed.
And it still isn't finished.
MS wouldn't settle before.
But MS and the DoJ had many settlement proposals.
Now MS is willing to settle with a toothless agreement.
But the states aren't happy.
So the states will be written out of the settlement.
"(Notice the gap between Sep and Jan, then the appeals court ruling in Feb. The election was in November. )"
Yes, I am aware of the specifics of the case.
I just don't share your view of them.
Which is why I predicted what I did before the election.
Which has come true.
As for MS not having incentive to settle until all is done (or whatever). MS settled before. 1995. MS avoided a lot of problems. I see no reason to believe another settlement prior to the trial wouldn't have yielded the same results.
In fact, your position seems to support that.
But MS didn't.
My position is that the did not because the DoJ and states were asking more than MS was willing to give.
And MS ran out the clock until Bush was elected.
Because MS knew that they would get a better deal with Bush.
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Post #16,739
11/5/01 7:52:29 PM
11/5/01 7:57:08 PM
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Hrm.
Yes, I am aware of the specifics of the case.
Then something supporting your view other than "Its Bush's fault", I'd think, would be in order.
But MS didn't.
For the nth time:
Because of the State AGs. The DoJ's been more willing than Microsoft to settle.
I've already shown you where DoJ tossed the towel in ONCE and was stopped by the states. It happened before the trial, too. AND several times in between. If you *were* aware of the specifics, then you'd know that. Seemingly, even despite concrete proof that MS was ready to settle once, under the Clinton DoJ, you persist in insisting otherwise. That one incident alone is enough to sink your insistance that its Bush's fault, or that your prediction was predicated on anything but cynical mistrust of Bush. (Not that it by itself would be unwarrented). But that once - disproves that you are aware of the specifics.
Each time, settlements were stopped by the states.
Not the DoJ. (Under Clinton)
But Bush is over the DoJ *now*, so the *same behavior* is his fault.
Riiiiiight.
Addison
Edited by addison
Nov. 5, 2001, 07:57:08 PM EST
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Post #16,766
11/5/01 9:47:44 PM
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Of course its his fault...
...it fits Brandioch's world view...it must be right.
You were born...and so you're free...so Happy Birthday! Laurie Anderson
[link|mailto:bepatient@aol.com|BePatient]
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Post #16,828
11/6/01 9:42:54 AM
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Well...
that world-view produced an accurate prediction based on an event. I agreed with the prediction that Bush's election would result in MS getting away essentially scot-free. I've said so, to a number of friends and associates.
And that IS happening, right now. So - why are the States now 'ignorable', where they weren't before the trial? Why now, after MS has been convicted? (D@MN IT, THEY SHOULDN'T HAVE ANY SAY OVER THIER FSCKING SENTENCE, just because they appealed the previous one) Tell you what - think like a tech... What changed in the setup? The environment? Wasn't a new President just installed?
While perhaps not provable, it remains plausible.
Imric's Tips for Living- Paranoia Is a Survival Trait
- Pessimists are never disappointed - but sometimes, if they are very lucky, they can be pleasantly surprised...
- Even though everyone is out to get you, it doesn't matter unless you let them win.
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Post #16,834
11/6/01 10:31:04 AM
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Re: Well...
that world-view produced an accurate prediction based on an event. I agreed with the prediction that Bush's election would result in MS getting away essentially scot-free. I've said so, to a number of friends and associates.
You may well have, but so far, not much has *changed*. That's the problem with claiming "credit" for "knowing" or "predicting" this.
So - why are the States now 'ignorable', where they weren't before the trial?
Again, let me quote you from the LAST settlement agreement - where the states torpedoed it...
Perhaps its no wonder that the States attorney generals, who were jointly pursuing the action, felt left in the cold by the mediation process, and torpedoed the settlement. Leaving Posner and Microsoft furious: the former called them "assholes".
[link|http://news.cnet.com/news/0-1003-200-329367.html|[link|http://news.cnet.com/news/0-1003-200-329367.html|http://news.cnet.co...-329367.html]] May 15, 1998: Microsoft and regulators aren't saying much about their closed-door settlement talks in Washington, but a regulatory filing today by the software giant says the company believes that a lawsuit is "likely" if talks break down.
"The [Justice Department] and a group of approximately 19 state attorneys general have requested information from Microsoft concerning various issues," the "10-Q" filing with the Securities and Exchange Commission today reads. "The parties currently are exploring whether a negotiated settlement can be reached.
Those talks broke down, I didn't see the story on cnet, but because of again, the State AGs. I had a lot of problems trying to find the old news stuff, its apparently disappeared into the Mists of time... Google returned a lot of sites that aren't there anymore. But this is enough to show that the DoJ's stance hasn't changed. The spokesmen might have changed, and done a worse job of presenting it, but sorry, all evidence shows that its the State AGs all along who drove this - no matter who was playing golf at Camp David.
[link|http://news.cnet.com/news/0-1003-200-1551075.html|[link|http://news.cnet.com/news/0-1003-200-1551075.html|http://news.cnet.co...1551075.html]] May 20, 2000. The states have until now taken a harder line than the Justice Department, said legal experts.
"The states are much more true believers when it comes to the old-time religion of structural, hard-hitting antitrust," Kovacic said. "The Justice Department is more cautious."
"You can ask why the states are there in the first place," said University of Baltimore School of Law professor Bob Lande. "Isn't their very presence saying they don't quite trust the antitrust division?"
There are increasing signs that the states are fragmenting over breaking up Microsoft and it is the Justice Department now taking the harder line, said legal experts.
They DoJ tried to settle this initially with just requring Microsoft to ship Netscape, for pete's sake.
Your worldview might well lead to a predicition such as you made - but so far, you're batting with Tarot cards and Miss Cleo as for *actual* cause and effect. :)
Addison
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Post #17,036
11/6/01 6:58:54 PM
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So - why are the States now 'ignorable'? You didn't answer.
Indeed, you made it seem as if they were in the driver's seat.
So - will the DOJ be prevented from rolling over like this by the States?
And if not - WHY NOT?
Imric's Tips for Living- Paranoia Is a Survival Trait
- Pessimists are never disappointed - but sometimes, if they are very lucky, they can be pleasantly surprised...
- Even though everyone is out to get you, it doesn't matter unless you let them win.
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Post #17,060
11/6/01 10:07:36 PM
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Yes, I did.. and if you want to count tally sheets,
You're WAY behind.
BARE BARE minimum you've yet to counter the prior 2 settlements that I linked you to *and* there were 2 more (The initial DoJ position was "put Netscape on the CD, and that's fine" - but I'll understand if you'd like to dispute those, at least in theory.
Indeed, you made it seem as if they were in the driver's seat.
They've derailed at least 4 attempts by the DoJ to settle - as above - there's 2 links, right fer ya, so at LEAST handle those two, huh?
Now, if you're asking me about the Chief DoJ idiot or the Fed AG saying something stupid, well, I don't know about that - its possible THAT is the SINGLE SOLITARY difference here.
But it doesn't change the fact - that these prior settlements which (All together now) BUSH DIDN"T HAVE ANY CONTROL OVER, weren't materially different - and in fact, were (IMO) LESS STRICT.
So now its *your* job to show that Bush/cronies DID HAVE SOMETHING - the sheer "fact" of the settlement - the 5th so far, doesn't count, since there are 4 more *just as inane*, unless you want to tie Bush to THOSE, too.
Addison
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Post #17,067
11/6/01 10:48:15 PM
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Tally sheets? Bush has no control over the AG?
But it doesn't change the fact - that these prior settlements which (All together now) BUSH DIDN"T HAVE ANY CONTROL OVER, weren't materially different - and in fact, were (IMO) LESS STRICT. Oh. I see. So it makes perfect sense that now states are bailing. After all, they are in the driver's seat, & MS's appeal was largely denied. So - what's changed? Who does the DoJ report to? What branch of government headed by whom? Oh, no. No connection there. Bush *can't* have anything to do with it. Further, I don't have to prove anything. I have merely said such influence is plausible, credible, and likely. You have yet to convince me (and I suspect others) of anything different. To change MY mind, you have to prove to me that it ISN'T possible that the Bush Administration had anything to do with this 'settlement'. Heh.
Imric's Tips for Living- Paranoia Is a Survival Trait
- Pessimists are never disappointed - but sometimes, if they are very lucky, they can be pleasantly surprised...
- Even though everyone is out to get you, it doesn't matter unless you let them win.
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Post #17,070
11/6/01 11:06:19 PM
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Have you been sleepposting?
To change MY mind, you have to prove to me that it ISN'T possible that the Bush Administration had anything to do with this 'settlement'.
Where did I say that?
I *said* that *nothing changed*. Ergo - Bush bears no EXTRA blame. It wasn't a CHANGE FROM THE PREVIOUS ADMINISTRATION.
I have merely said such influence is plausible, credible, and likely.
Dude, nothing, NOTHING at all CHANGED.
So WTF does Bush's election have to do with ANYTHING?
You've got to prove that 1) Under Clinton, it was handled DIFFERENTLY (it wasn't, per the prior history), or 2) that it WOULD HAVE BEEN DIFFERNT UNDER GORE.
So far, you've just bashed Bush. That its of course his connving ways.
Well, grand. But nothing changed on his watch, is the problem.
Addison
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Post #17,114
11/7/01 10:05:19 AM
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Zzxzzzzzz....
I *said* that *nothing changed* But it has. You can say what you like. THIS time, States are bailing, no? If the States are in control, and the proposed settlement is the same as in the past, as you assert, and the change in White House tenancy has no effect, THEN WHY IS THIS 'SETTLEMENT' BEING TREATED DIFFERENTLY? You've got to prove that 1) Under Clinton, it was handled DIFFERENTLY (it wasn't, per the prior history) Mmm hmm. So, it was treated the same, the environmental change caused by switching out Presidents has no effect, (even though the DoJ is under the President), yet the States are accepting this 'deal' where they didn't before, and the DoJ is VERY publicly rolling over (whether they attempted to and were thwarted before is irrelevent, since they aren't being stopped now - that, too is a difference). or 2) that it WOULD HAVE BEEN DIFFERNT UNDER GORE. I don't give a damn HOW Al Bore 'would have handled it.' What does that have to do with anything? So far, you've just bashed Bush. That its of course his connving ways. ROFL. What a 'bigoted' thing to say! Is it 'bashing' Bush to believe that he might exercise his legal Presidential power to follow the economic philosophy embraced by his political party? Heh. If Pat Robertson had been elected, would it be bashing him if I stated my belief that he would dismantle the abortion laws in this country and follow a pro-right-wing-conservative religious agenda? nothing changed on his watch Heh. Except, of course, that it appears that the DoJ AND the States are rolling over for Microsoft - for no reason whatever, right? I guess it's a mystery, huh.
Imric's Tips for Living- Paranoia Is a Survival Trait
- Pessimists are never disappointed - but sometimes, if they are very lucky, they can be pleasantly surprised...
- Even though everyone is out to get you, it doesn't matter unless you let them win.
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Post #17,137
11/7/01 11:50:12 AM
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Re: Zzxzzzzzz....
You can say what you like. THIS time, States are bailing, no?
So? This has nothing to do with the President. At best, if TEXAS bailed, or FLORIDA, then there could be an insinuation.
Do we need to go over Government 101, and discuss federal versus state authority and power structure?
If the States are in control, and the proposed settlement is the same as in the past, as you assert, and the change in White House tenancy has no effect, THEN WHY IS THIS 'SETTLEMENT' BEING TREATED DIFFERENTLY?
You've said it, and I've asked you to show what's different about it. Since you aren't, I'm presuming you can't.
There's nothing different (albeit the change in circumstance that Scott noted) about this, than any other.
South Carolina dropped out a while back - was that Bush's fault? Clinton's? New Mexico (IIRC), a while back - Bush? Clinton? Who's fault?
If you're asking why the states are possibly signing on - ASK THEM. Some aren't. No different. Some are, and in case you didn't notice, Microsoft has been putting shitloads of political pressure on them (Which is Bush's fault.. how?), AND we've got a serious national/international issue to deal with. (Lemme guess. Bush's fault).
So, it was treated the same,
You forgot your proof. Oh, and again, thes State AG's don't answer to Bush.
I don't give a damn HOW Al Bore 'would have handled it.' What does that have to do with anything?
To remind you of what your insinuation/assumption/bigotry is all about: You said that you predicted that if Bush were elected (Gore being the only real possibility), that this would happen.
So for your "prediction" to be more than a Miss Cleo tarot card reading, you'd have to show that it would have been DIFFERENT under *aybody else*. If you don't do that, then you're just blaming Bush, for *no reason*. If the SAME THING would have happened under Gore or Clinton, WHAT IN THE HELL ARE YOU BLAMING BUSH FOR?
If Pat Robertson had been elected, would it be bashing him if I stated my belief that he would dismantle the abortion laws in this country and follow a pro-right-wing-conservative religious agenda?
Not at all. Nor is that what you've done here.
You've placed the blame for this DoJ action on Bush, and said its because of Bush. Despite 4 attempts, equally impotent, for the SAME KIND OF IDIOCY, under someone else, and without proving, or even assuming it would be ANY DIFFERENT under Gore. And again: The states don't answer to the President, so you can't blame Bush for any idocy THERE, either.
I guess it's a mystery, huh.
Nope. Just bigotry.
I'll go ahead and close the one opening I left open on purpose - the DoJ under Nader would certainly not have settled like this. (One possibility last election).
But, in order to blame Bush, and claim that you "knew" it was coming, you *do* have to show HOW it is different (all you've done is claimed that), and that it would have been different under Gore.
No mystery, there.
Addison
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Post #17,156
11/7/01 1:18:59 PM
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Woulda, coulda, shoulda.
Let's see, now. I say that MS will get off essentially scot-free if Bush wins control of the AG. Now, where there is there an implied (or necessary) prediction about any other circumstance other than the circumstances I was contemplating (namely, if Bush took office? If you want to define 'bigotry' as not giving predictions on both sets of opposed pairs whenever I make a prediction about one member of said pair, well, you have an odd idea of what bigotry means. At most, you could call me biased, but I doubt you have any idea in what way from this datapoint. Not all the world works like "If'n yer ain't fer us, yer agin' us!". Now, irrelevant as it is, I suspect that Bore, ever the politician, would cozy up to MS as well - in the hopes of winning some influence with Redmond. After all, MS would eventually 'rule' the Internet itself - if encouraged properly. And Hey! It's an American company! I wouldn't have put it as certain, but again, it would have been plausible, even likely. Sound familiar? As to your dismissal of the the circumstance that Scott points out (that the DoJ had already won, that they couldn't lose the case anymore), well, I think that you'll see that it heavily influences my opinion [link|http://z.iwethey.org/forums/render/content/show?contentid=16828|-here-]. If the SAME THING would have happened under Gore or Clinton, WHAT IN THE HELL ARE YOU BLAMING BUSH FOR? Geez, Addison. Say there are two muggers and a drunk in a park, and one of the two muggers rolls the drunk. Would you, COULD you defend the offending mugger with "You can't blame the guy, if he didn't do it the other one would have - because of that likelyhood, no blame can be placed? Sorry - I don't buy THAT for a second. Do you?
Imric's Tips for Living- Paranoia Is a Survival Trait
- Pessimists are never disappointed - but sometimes, if they are very lucky, they can be pleasantly surprised...
- Even though everyone is out to get you, it doesn't matter unless you let them win.
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Post #17,201
11/7/01 4:47:58 PM
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Re: Woulda, coulda, shoulda.
I say that MS will get off essentially scot-free if Bush wins control of the AG.
That would imply that you expect that Microsoft would NOT do so, under other Executives.
Otherwise, Bush being in office is irrelevant.
Its that simple.
The converse is "If Bush doesn't win control, then Microsoft won't get off scot-free". That's the counter to your prediction. Its not the case. (at least, not shown so far). Bush wasn't the deciding factor - so predicting based on that predication is mistaken.
Not all the world works like "If'n yer ain't fer us, yer agin' us!".
Nope, it doesn't. However, in making such a prediction, namely, that ONE circumstance will lead to a situation, by defintion means you've excluded the other. I can predict that the Panthers and the Jaguars (US football teams) will be in the Super Bowl. By defintion, that means that *nobody else will*. (there being only 2 teams who can).
If you said "DoJ will let them off scot-free", sure,. But you qualified that AND placed a restriction on it - *IF BUSH WON*. Now you're saying that doesn't mean that if BUSH LOST the opposite would occur. Technically possible, but why then would you specify BUSH as the problem?
As to your dismissal of the the circumstance that Scott points out (that the DoJ had already won, that they couldn't lose the case anymore), well, I think that you'll see that it heavily influences my opinion.
I pointed out a settlement to you - after the findings of fact, after which meant the DoJ had won, that Microsoft was declared a monopoly, where the DoJ was willing to VACATE those findings of fact, in essance, GIVE UP. It *was* before the appeals court. But it *wasn't* under Bush, which, let me remind you, IS THE CONDITONAL FOR YOUR PREDICITION.
Say there are two muggers and a drunk in a park, and one of the two muggers rolls the drunk. Would you, COULD you defend the offending mugger with "You can't blame the guy, if he didn't do it the other one would have - because of that likelyhood, no blame can be placed? Sorry - I don't buy THAT for a second.
Didn't say that. I didn't say the settlement was good, or that it was smart - that's what your analogy would have me do. Its excreble, and undefendable.
What you said is "If Bush is elected, one of those muggers will roll the drunk". Bush's election, while he could have stopped it, and in my opinion SHOULD have, doesn't seem to have changed the entire DoJ stance. Something you're blaming him for (implying that there's a difference between his DoJ and Clinton's, and what would ahve been under Gore).
I'm not *defending* this settlement. The DoJ *should* be ashamed. I'm glad the states balk, and I hope they get to take Microsoft apart in the courtroom.
Bush's boys screwed up. *BUT* no more than Clinton's boys screwed up, or that I know that Gore's boys would have. The *only* President who would have made a difference would have been Nader.
And if THAT'S who you were contrasting with Bush in your prediction, OK, sure, you're right.
Addison
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Post #17,238
11/7/01 7:17:21 PM
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Minor logic problem....
If you said "DoJ will let them off scot-free", sure,. But you qualified that AND placed a restriction on it - *IF BUSH WON*. Now you're saying that doesn't mean that if BUSH LOST the opposite would occur.
A -> B != B -> A
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Post #17,240
11/7/01 7:33:55 PM
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Contrast?
in making such a prediction, namely, that ONE circumstance will lead to a situation, by defintion means you've excluded the other. I can predict that the Panthers and the Jaguars (US football teams) will be in the Super Bowl. By defintion, that means that *nobody else will*. (there being only 2 teams who can). So, if I know two bartenders looking for a job at the same pub (We'll call them George and Al) and I predict that George will buy me a beer if he gets the job, that means that I've said that Al wouldn't? Nope. All I've said is that George *will*. I have not excluded Al from buying me a beer. I might have no trouble believing that Al would buy me a beer as well. If I believe it to be almost certain for one, but only highly likely for the other, am I to be constrained to say that, explicitly? Under what other circumstances am I to be constrained to pay lip service to all possibilities when mentioning one? if BUSH LOST the opposite would occur. Technically possible, but why then would you specify BUSH as the problem? Why? Why opposite? That still sounds like "if'n yer ain't fer us..."! And "BUSH as the problem"? Why must there be one problem? My prediction wasn't unreasonable, heck, it doesn't 'blame' Bush for anything but being true to his economic principles. Bush's boys screwed up. *BUT* no more than Clinton's boys screwed up, or that I know that Gore's boys would have. Oh, you know that, do you? You predict that, had Gore won, he would have screwed up? By your lights, doesn't that mean that you knew that Bush's boys wouldn't? *chuckle* I believe there is a causal link between what's happening now and Bush's election. That doesn't preclude my belief that similar effacts might be produced via other events and influences. Gee - would you be able to understand my prediction better if I reworded it for you? How about "If Bush is elected, anti-trust will not be persued rigorously". Or do you think that that means that I am saying it was persued rigorously BEFORE the election? It doesn't, you know.
Imric's Tips for Living- Paranoia Is a Survival Trait
- Pessimists are never disappointed - but sometimes, if they are very lucky, they can be pleasantly surprised...
- Even though everyone is out to get you, it doesn't matter unless you let them win.
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Post #17,245
11/7/01 7:46:55 PM
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<Evil Grin>
<chuckle> Bush's boys screwed up. *BUT* no more than Clinton's boys screwed up [...]
Actually, at least in this case, Clinton's boys didn't screw up, did they? They got the judgement and won the case. This one is entirely Bush throwing away a win. I suspect this is what's REALLY bothering Addison... Clinton did better than Bush. Worse, Janet Reno did better than John Ashcroft.
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Post #17,263
11/7/01 9:16:44 PM
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It is a Cruel World.
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Post #17,295
11/8/01 8:21:36 AM
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Bingo!
I suspect this is what's REALLY bothering Addison... Clinton did better than Bush. Worse, Janet Reno did better than John Ashcroft. I suspect you're right, and a very cogent observation. Minor nit, tho. Wasn't Reno driving the bus when that embarrasment to all past, present and future New Mexicans, Ann Bingamon, wrought that original, failed, so-called "consent decree" that finally made DoJ get of the dime and bust those suckers? If so, your observation is still valid-- Reno: 1 for 2 (.500), Ashhole: 0 for 1 (.000).
jb4 (Resistance is not futile...)
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Post #17,301
11/8/01 9:17:27 AM
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I really don't know...
nit, tho. Wasn't Reno driving the bus when that embarrasment to all past, present and future New Mexicans, Ann Bingamon, wrought that original, failed, so-called "consent decree" that finally made DoJ get of the dime and bust those suckers? If so, your observation is still valid-- Reno: 1 for 2 (.500), Ashhole: 0 for 1 (.000).
The an interesting idea. I'm going to look that one up, for I really don't know.
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Post #17,117
11/7/01 10:13:55 AM
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The big difference....
Between then and now:
The DOJ didn't have a duly entered GUILTY verdict that withstood even an Appeals Court hearing.
Before, they were just settling. This time, they could pretty much do anything they wanted to do to Microsoft (within reason), and they went for a token slap on the wrist settlement with even more loopholes than before. Last time they did that, they didn't have the weight of a court victory behind them. This time they did.
I don't know that Bush had a direct hand in this, but his administration (ie. Ashcroft, his selected appointee) certainly did.
Regards,
-scott anderson
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Post #17,133
11/7/01 11:37:21 AM
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That's true, but...
This time, they could pretty much do anything they wanted to do to Microsoft (within reason), and they went for a token slap on the wrist settlement with even more loopholes than before.
That's simply, not true.
If they wanted to _settle_, as the judge ordered them to, then they had to come up with something that Microsoft would accept. I'd LIKE to think that they've realized the scumbags that are Microsoft, but my point being that they *HAVE* done something JUST AS DUMB in the past, with NO INPUT FROM BUSH.
Thus, *just* because Bush is now the Prez doesn't mean ergo, that's why they wussed out.
I'll remind you that the INITIAL DoJ settlement would have been to put the Netscape install on a Windows CD.. I don't think that's *less* of a loophole than this deal.
Last time they did that, they didn't have the weight of a court victory behind them. This time they did.
Yep, and I don't understand their agreement either, I think they got steamrolled by Microsoft again - but it *is* again. Nothing magically changed between then and now... the DoJ's actions are exactly the same.
You're correct about winning the court case - but the LAST settlement attempt was AFTER the findings of fact, and bloody hell, the DoJ was going to wipe that out!
Yes, Bush had a hand (indirectly) in the settlement, however; nothing that has been done would indicate *any* change in the DoJ's stupidity in this matter, thus, anybody saying "I knew it, if Bush got elected" is just bashing Bush.
Addison
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Post #17,138
11/7/01 11:59:28 AM
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I think you just like to argue.
Honestly. That's simply, not true.
If they wanted to _settle_, as the judge ordered them to, then they had to come up with something that Microsoft would accept. I'd LIKE to think that they've realized the scumbags that are Microsoft, but my point being that they *HAVE* done something JUST AS DUMB in the past, with NO INPUT FROM BUSH. Er, no, you're wrong. The DOJ only had to try to settle. The judge didn't order them to settle. She can't. She ordered them to try. The DOJ was perfectly within its rights to insist to MS that they give on all the points. Thus, *just* because Bush is now the Prez doesn't mean ergo, that's why they wussed out. Didn't say it was, did I. I'll remind you that the INITIAL DoJ settlement would have been to put the Netscape install on a Windows CD.. I don't think that's *less* of a loophole than this deal. The number of loopholes in this deal is staggering. There was really just one big loophole in the '95 consent decree. You're correct about winning the court case - but the LAST settlement attempt was AFTER the findings of fact, and bloody hell, the DoJ was going to wipe that out! This one is after Microsoft has lost big in the appeals court (and got refused by the Supreme Court as well). I think the both of you are knee-jerking, just in opposite directions. You'll defend against anyone who suggests the Bush Administration had a hand in it, and others will defend against anyone who says they didn't. My point is that, hey, the administrations might not have anything to do with it. You cannot, however, say that nothing else changed. THEY WON THE CASE. Federal, Appeals, and to a certain extent Supreme. That is a substantial difference, any way you look at it, and if that isn't a mandate to hang Microsoft out to dry, I don't know what is. We'll never know what the previous DOJ would have done, because our damned appointees change every few years.
Regards,
-scott anderson
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Post #17,141
11/7/01 12:04:02 PM
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Yeah, ban him for being so insensitively diruptive!
I mean, it's not as if any of the rest of us are so uncouthly argumentative...
:-)
Christian R. Conrad The Man Who Knows Fucking Everything
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Post #17,154
11/7/01 1:07:04 PM
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Its possible..
But its more that I dislike seeing people gratuitiously bashed. And given what you just said... I'd suggest a check on what you're saying, versus the thread.. Its pretty close to being hypocritical.
You'll defend against anyone who suggests the Bush Administration had a hand in it, and others will defend against anyone who says they didn't.
That's not true. The Bush administration of course had a hand in it. Never said otherwise.
I've argued that nothing *changed* with the election of Bush. Yes, other things changed, the appeals court, supreme court, new judge appointed, 9/11 (or 11/9 for Peter), but the initial post here, will, if you recall, said that the latest DoJ settlement was *the result of Bush being elected*.
It, quite simply, isn't that simple, nor do the facts back that up.
Misconstruing my position to defend Bush doesn't help. The settlement is horrible, ludicrous, and ignorant. *But its the same sort of stupidity that's dogged this trial*. Thus, the evidence that its Bush "selling out" or anything else is refuted by prior acts.
Now, what I *am* worried about is that Microsoft went to the DoJ, and said quietly, Hey, Guys, tell ya what, we'll settle this, work it out quietly afterward, and we'll give you everything you need to crack bad guy's Windows systems and track 'em.
*That* is what worries me. But again, Clinton wasn't a bastion of freedom in the digitial world, and I don't see Gore doing better .....
The number of loopholes in this deal is staggering. There was really just one big loophole in the '95 consent decree.
It helps to keep context. While its possible that you would consider that the "first" - the context of "Netscape" should have corrected you to the start of the post-95 CD goings on. (Since Netscape as a threat, as an issue, didn't exist)
I was talking about the *initial* DoJ position in the latest action (which apparently has dropped off the web). The DoJ's initial position on this was to require Microsoft to *only* include Netscape on the same CD, and they would be happy, Gates told 'em to shove it, etc.
Loopholes? Hell, that's all the DoJ wanted. Under Clinton. Remember, this is about "Bush was elected and sold out".
My point is that, hey, the administrations might not have anything to do with it. You cannot, however, say that nothing else changed.
You're in the wrong thread. This is the "Its Bush's Fault" thread. And you were saying *I* liked to argue? :)
I didn't say *nothing* else changed. I said the DoJ's been this stupid under prior administrations, and the mere change in administrations (changing the outcome) isn't supported by any real facts. Those would have to show that realistically, Gore's DoJ would have put the screws to Microsoft. Or at least that Clinton's *did*.
You have a point that they have a stronger bargaining position. Absolutely right. But its a minor point in the fact of the rest of the idocies - regardless of the administration. But Microsoft isn't there to bargain in good faith, and the DoJ doesnt' seem to know that - and its *not* since 1/20 (or 20/1 for Peter) that this occured.
So if you want to accuse me of being argumentative, I must ask you to actually read the thread, number one, and number two, at least get what I'm saying in context...
Bush's people had a hand in this. But mostly it was the same lawyers who've been making the same underestimates of Microsoft, the whole trial. So its not anymore Bush's fault than Clinton's, thus the whole premise behind this thread has a problem, hence my attempts to point that out.
If you want to nitpick and say that sure, something changed in the meantime, sure, you're right (but again, you're calling ME argumentative?), but it doesn't change the main fact that the DoJ's caved on almost every time - and its been the States driving this case.
Addison
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Post #17,163
11/7/01 2:02:54 PM
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Re: Its possible..
No, I'm not changing the point of the thread. I'm simply pointing out why the arguments you're using to support your point of view are wrong.
Which you're conveniently attempting to sidestep now. :-)
Regards,
-scott anderson
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Post #17,198
11/7/01 4:33:25 PM
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Er. No.
No, I'm not changing the point of the thread. I'm simply pointing out why the arguments you're using to support your point of view are wrong.
Er. That's exactly what you did, Scott.
You changed it from "Its Because Bush Won" . The DoJ's stance hasn't changed since this whole case started. Its been the point I've made allthroughout.
I've shown other settlement attempts that were equally impotent. Thus, its *not* "just Bush".
Yes, the situation is changed, the DoJ does have more ammunition, that has changed. What hasn't changed is Microsoft's willingness to give in.
The point (which you claim not to be changing) is that the DoJ is stupider now than under Clinton, or would have been under Gore.
Which you're conveniently attempting to sidestep now. :-)
Er. By agreeing that there's a point there, but disagreeing that it has anything to do with the main thread? By showing evidence of the same sort of ignorance?
Weird sorta sidestep, there.
And you say *I'm* argumentative?
The point is, its no more Bush's fault for this excreble settlement than Clinton's, and nothing shows that it would have been different under Gore.
Which other people are taking exception to, having "predicted" that *since* Bush won, Microsoft would get off scott-free. Well, they're certainly capable of making that claim, but its unsupported by any facts or basis, other than their hatred of Bush.
That's the point....
Addison
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Post #17,218
11/7/01 5:31:03 PM
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Re: Er. No.
Sorry, reread, Addison. You're so busy trying to prove/disprove everything that anyone says here that you're not bothering to read. Here's what I responded to: I *said* that *nothing changed*. Ergo - Bush bears no EXTRA blame. It wasn't a CHANGE FROM THE PREVIOUS ADMINISTRATION. and Dude, nothing, NOTHING at all CHANGED. ALL I said was that you could NOT say that NOTHING HAD CHANGED. I think I showed that quite well. They have a guilty verdict in two courts now, and a refusal to hear by the SC. That's a big change. End of my point. Make of it what you will, but I'm done. You're a pain in the ass to talk about anything with sometimes because of this kind of behavior.
Regards,
-scott anderson
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Post #17,223
11/7/01 6:05:56 PM
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Really?
Sorry, reread, Addison. You're so busy trying to prove/disprove everything that anyone says here that you're not bothering to read.
Really?
Ah well, Irony abounds.
Here's what I responded to: I *said* that *nothing changed*. Ergo - Bush bears no EXTRA blame. It wasn't a CHANGE FROM THE PREVIOUS ADMINISTRATION. and Dude, nothing, NOTHING at all CHANGED.
ALL I said was that you could NOT say that NOTHING HAD CHANGED.
You're entirely right. Lots of things changed. Seasons changed, we had a terrorist attack.
You're right. I was wrong, some things did change.
But that was irrelevant to my prior point, and Oh, BTW, it was after the Findings of Fact with the prior post, but what the hey, just Blame Bush. (Which if you're not doing, its a pretty good impression of it).
You're a pain in the ass to talk about anything with sometimes because of this kind of behavior.
Well, Scott, Pot, Kettle, *AND* Black. Jump into a thread, nitpick over something (and now at least I understand your nitpick), and when I *agree* with you on the nit, start insulting.
The point I made, that Bush's election didn't demonstrably affect this, *still* stands unchallenged, but you did score a nit-pick..... but *I'm* the one that's hard to deal with.
Aha.
Addison
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Post #17,225
11/7/01 6:24:00 PM
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Re: Really?
You're right. I was wrong, some things did change. And since up to that point your entire argument was based on the fact that things DIDN'T change (you WERE using capital letters to get that point across, remember? Probably meant you thought it fairly important, non?), I thought it was pretty significant to point that out. But no, Addison has determined to Win At All Costs so now it's a "nitpick". Well, Scott, Pot, Kettle, *AND* Black. Jump into a thread, nitpick over something (and now at least I understand your nitpick), and when I *agree* with you on the nit, start insulting. No, Addison, what you're seeing here are a few gentle (yes, gentle, believe it or not) suggestions from someone who thought he was a friend of yours, pointing out something that you don't even seem to be aware you're doing. I've seen you do this time and time again, turn on someone who's a friend with some pretty harsh "my logic shall defeat you" vitriol. It's not winning you any friends, buddy, and I thought you might like to know. But hey, if that's insulting you then I'll guess I'll just take my lumps and shaddup. Or maybe I'll just stop trying, and maybe I'll just stop considering you a friend, 'cause I'm sick of your behavior. As I said, I'm done. Last word is yours for the taking, etc. etc. etc.
Regards,
-scott anderson
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Post #17,232
11/7/01 7:01:00 PM
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Oi.
You two.
Flame Off forum.
Now.
Smokum peace pipe.
Peter Shill For Hire [link|http://www.kuro5hin.org|There is no K5 Cabal]
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Post #17,167
11/7/01 2:30:05 PM
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There may be one huge difference between then and now....
Under Clinton...the DOJ and Microsoft weren't going to settle unless the states agreed.
Under Bush...(according to the rumors I'm hearing), the DOJ and Microsoft regardless of whether or not the states agreed.
That's a huge difference.
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Post #17,204
11/7/01 4:50:28 PM
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If that's true,
And I'm not aware of that, that is a difference, you're possibly right.
I don't know if they could seperate the case, but in the past, it wasn't seperated.
So if the DoJ does, you're right, that's a change (though we don't know what Gore's boys would have done, given the OTHER changes (And it was essentally an either/or, with Bush or Gore)), but I think its safe to blame Bush with some certainty, given that.
Addison
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Post #17,248
11/7/01 7:58:00 PM
11/7/01 7:58:59 PM
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But we do know...
So if the DoJ does, you're right, that's a change (though we don't know what Gore's boys would have done, given the OTHER changes (And it was essentally an either/or, with Bush or Gore)), but I think its safe to blame Bush with some certainty, given that.
that Clinton didn't. Furthermore, you're forgetting that Bush selects his cabinet. John Ashcroft was personally selected by Bush...if fact they had to fight to get him in. John Ashcroft has receive cash money from Microsoft. Attorney General John Ashcroft and Microsoft founder Bill Gates hailed the settlement, saying it would help the sagging economy.
"This settlement is the right result for consumers and businesses, the right result for government and the right result for the economy," said Ashcroft, adding that the new restrictions would help independent software makers be competitive with Microsoft.
[...]
A judge originally agreed to do that, but the breakup was reversed by a federal appeals court this summer. The Bush administration took the breakup off the table before starting negotiations this fall.
President Bush has long urged a settlement in the case but the White House remained on the sidelines during the final days of negotiations led by Justice Department antitrust chief Charles James.
[link|http://www.cnn.com/2001/TECH/industry/11/02/microsoft.agreement.ap/index.html| source ] Compare this to Janet Reno's comments on the J. Jackson's ruling. ATTY GEN. RENO: Good afternoon. As you know, the court has just announced its remedy in the Microsoft case. I'm pleased that the court has ordered a strong, effective remedy to address the serious antitrust violations that Microsoft has committed. The court's remedy strikes the right balance. The structural remedy will stimulate competition that will have a lasting impact on this important industry, and the interim conduct relief will ensure that Microsoft cannot break the law while the structural provisions are taking effect.
[...]
The remedy the court ordered -- breaking Microsoft into an operating systems company and an applications company -- is fair, and it's measured. Indeed, it directly flows from the extensive findings and legal conclusions that the courts had previously entered.
That's what the law requires, and that's what Judge Jackson did.
[link|http://www.usdoj.gov/archive/ag/speeches/2000/060700microsoftcom.htm| source ] BTW: You're right, we don't know what Gore might have done. But it ISN'T the point. We KNOW what Bush is doing.
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Post #17,338
11/8/01 12:56:44 PM
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More quotes.
Ashcroft and James made me cringe when I heard them at the press conference announcing the settlement. [link|http://www.usdoj.gov/atr/public/press_releases/2001/9463.htm|Here] at the US DOJ. "This settlement will promote innovation, give consumers more choices, and provide the computer industry as a whole with more certainty in the marketplace," said Charles A. James, Assistant Attorney General for the Antitrust Division. "The goals of the government were to obtain relief that stops Microsoft from engaging in unlawful conduct, prevent any recurrence of that conduct in the future, and restore competition in the software market\ufffdwe have achieved those goals." Innovation made me cringe. [link|http://www.usdoj.gov/ag/speeches/2001/1102newsconference.htm|Here] is a transcript of the announcement. Maybe it's an attempt to turn MS's language against it, but it still raised red flags with me. I doubt that Ashcroft had much to do with the agreement. I expect he was pretty far removed from it - he's tied up with other things now. But the language seems consistent with Ashcroft's views, as experessed in [link|http://www.stauffercom.com/letter3.html|this] 1998 letter. Cheers, Scott.
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Post #16,835
11/6/01 10:39:42 AM
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*SNORT*
"Wasn't a new President just installed?"
Hee, hee, hee. Ok, now I gotta clean up the coffee you made me eject nostrilly.
Don Richards, Proud recipient of the ABBA.
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Post #16,837
11/6/01 10:52:10 AM
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Brett Glass predictions.
Do I need to explain?
Addison is basically covering the rest of the ground adequately.
And it seems as if this "agreement" may end up going the way of the previous attempts.
We'll know more later.
You were born...and so you're free...so Happy Birthday! Laurie Anderson
[link|mailto:bepatient@aol.com|BePatient]
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Post #17,039
11/6/01 7:19:05 PM
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ROFL
I don't see Brandioch saying "I'm always right because I made an accurate prediction once". And it seems as if this "agreement" may end up going the way of the previous attempts. We'll see... And I do not see anything that rules out Bush Administration influence in this travesty. Outside of faith that Bush would never attempt to sabotage a case brought against a big business during the previous administration. I still find Bush influence plausible, credible, and indeed, likely.
Imric's Tips for Living- Paranoia Is a Survival Trait
- Pessimists are never disappointed - but sometimes, if they are very lucky, they can be pleasantly surprised...
- Even though everyone is out to get you, it doesn't matter unless you let them win.
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Post #17,059
11/6/01 10:02:15 PM
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Re: ROFL
And I do not see anything that rules out Bush Administration influence in this travesty. Outside of faith that Bush would never attempt to sabotage a case brought against a big business during the previous administration. I still find Bush influence plausible, credible, and indeed, likely.
I've showed you 2 cases (And there were more, but we'll go on the 2 I've showed) - where the SAME THING happened, pre-Bush.
Its *your* job to show proof that Bush *DID* have something to do (with the exact same behavior as years past).
Otherwise, its just sheer bigotry.
Addison
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Post #17,068
11/6/01 10:51:25 PM
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Bigotry?
Because I suspect something I cannot prove?
OK.
Tell me, do you come from NJ, where 'everything is legal, as long as you don't get caught'?
This settlement is being treated differently than the others. By the press, and by the States.
Tell me why.
Imric's Tips for Living- Paranoia Is a Survival Trait
- Pessimists are never disappointed - but sometimes, if they are very lucky, they can be pleasantly surprised...
- Even though everyone is out to get you, it doesn't matter unless you let them win.
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Post #17,072
11/6/01 11:11:39 PM
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Bigotry.
Because I suspect something I cannot prove?
Because you've blamed Bush, despite having been shown proof that Bush has had nothing to do with 2 prior settlements, and I claim at least 2 more tha I didn't link to.
Now, yes, Bush has control of the AG, and presumably he could keep them from attempting a stupid settlement. But you've said that "since Bush was elected" - despite the SAME EXACT issue being pursued EXACTLY THE SAME.
What the hell *else* is that but utter bigotry? "Its all Bush's fault".
This settlement is being treated differently than the others. By the press, and by the States.
Not from what I can tell. DoJ made a stupid proposal, doesn't affect MS, press reported it, some ridiculed it, states balked. 2 priors in this thread of EXACTLY this behavior.
*WHAT* is different?
Addison
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Post #17,074
11/6/01 11:49:03 PM
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umm err
BG paid a lot of dough since the original indictment to both dems and repos, why are you surprised the payola worked? This was/is a shakedown thanx, bill
tshirt front "born to die before I get old" thshirt back "fscked another one didnja?"
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Post #16,839
11/6/01 11:03:20 AM
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They aren't
So - why are the States now 'ignorable', where they weren't before the trial?
Nothing's changed. This is just ANOTHER settlement agreement worked up by the DoJ representing the states and the attorneys representing Microsoft.
The states have to approve the settlement to close the case.
Doug Marker posted a link to an article which estimates that 1/3 of the states are against the settlement, 1/3 said they will sign it, and 1/3 are on the fence.
I don't know if full agreement is necessary, but I get the feeling this settlement will not go through as is.
The issue appears to be that this settlement agreement is somehow evil since the Ashcroft-led DoJ worked on it versus the Reno-led DoJ of the recent past.
IF the case ends on this settlement agreement with all the states capitulating to the DoJ, then you MIGHT have a point.
----- Steve
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Post #16,855
11/6/01 1:01:52 PM
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One other scenario.
If the case gets re-written to exclude the states and then the deal goes through without them.
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Post #17,041
11/6/01 7:30:24 PM
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Oh, I really do live by my 'Tips for Living'.
The issue appears to be that this settlement agreement is somehow evil since the Ashcroft-led DoJ worked on it versus the Reno-led DoJ of the recent past. As if settlement before wouldn't have been 'evil'... And been hailed that way. IF the case ends on this settlement agreement with all the states capitulating to the DoJ, then you MIGHT have a point. Heh. IF? Remember, the perversity of the universe tends toward a maximum.
Imric's Tips for Living- Paranoia Is a Survival Trait
- Pessimists are never disappointed - but sometimes, if they are very lucky, they can be pleasantly surprised...
- Even though everyone is out to get you, it doesn't matter unless you let them win.
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Post #17,084
11/7/01 1:30:37 AM
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In that case
I really REALLY hope you (and I) are pleasantly surprised :-)
----- Steve
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Post #17,228
11/7/01 6:43:27 PM
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Say WHAT?
Any changes are minor - and about as bright as their attacks during the trial. As you might remember, the damage to Microsoft occured TOTALLY (almost) in the DEFENSE PHASE. Had M$ rested their case after Boise got through - M$ would have walked. It's true that Micros~1 shot itself in the foot, the thigh, the dick, and various other body parts by the time it finished with its "defense". But to assert that Boise simply mailed it in is just flat bullshit. Time after time Boise was able to bring up witnesses to show that Micros~1 was 1) illegally protecting its monopoly, and 2) lying about it. Or have you forgotten the Intel testimony, or the various "smoking gun" emails? I understand you have a political agenda here, Ad, but please refrain from the most egregious of history revision (a little goes a long way...)
jb4 (Resistance is not futile...)
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Post #16,581
11/5/01 10:10:25 AM
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How is the market going to do "what it's supposed to do"...
..when there is no market? Haven't you been paying attention, Beep? Micros~1 is a monopoly. There is no market when there is a monopoly.
(And, yes, I do know the definition of "is".)
jb4 (Resistance is not futile...)
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Post #16,601
11/5/01 11:22:56 AM
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Umm...
...no remedial economics classes here. A monopoly does not negate the presence of a market...in fact...a market must exist for a monopoly to occur.
You were born...and so you're free...so Happy Birthday! Laurie Anderson
[link|mailto:bepatient@aol.com|BePatient]
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Post #16,633
11/5/01 2:36:02 PM
11/5/01 2:42:52 PM
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OK, fine...
a market must exist for a monopoly to occur. OK, fine. But then, once a monopoly occurs, there is no longer a market in the sense that other sellers need not apply. At that point, the market is closed; there is one seller, and buyers are at their tender mercies. Cause an effect: a market must exist for a monopoly to occur, but once that monopoly has indeed occurred, then the market is basically gone. Exploitation replaces the free market all you trickle-down types like to hallucinate about. In this case, you would probably agree that there is no free market in place here, now wouldn't you? No free market, no "free market forces". And no remedial economics needed, either...thank you.
jb4 (Resistance is not futile...)
Edited by jb4
Nov. 5, 2001, 02:42:52 PM EST
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Post #16,635
11/5/01 2:40:41 PM
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Nope, not fine.
Might want to go re-read that econ book. :)
OK, fine. But then, once a monopoly occurs, there is no longer a market in the sense that other sellersnned apply. At that point, the market is closed; there is one seller, and buyers are at their tender mercies.
That's not quite true. That means that one seller has the ability to dominate, to make changes. That doesn't mean there is *no* market, or *no* competition.
Intel had a monopoly on x86 chips for a long time, despite Cyrix and AMD (and others) attempts to break into that. They *did* compete, but Intel made the rules, set the prices.
Cause an effect: a market must exist for a monopoly to occur, but once that monopoly has indeed occurred, then the market is basically gone.
Depends on many factors.
Exploitation replaces the free market all you trickle-down types like to hallucinate about. In this case, you would probably agree that there is no free market in place here, now wouldn't you?
I wouldn't. You *do* have other options available, as hard as they might be. That doesn't decrease Microsoft's monopoly position - but it does mean that *you* don't *have* to buy their product(s).
No free market, no "free market forces". And no remedial economics needed, either...thank you.
I'd reconsider the remedial, were I you...
Addison
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Post #16,649
11/5/01 3:37:53 PM
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Glad...
...you took that one.
Maybe I was just hallucinating...but I sure thought I just saw a complete misunderstanding of economic theory...being one of those trickle-down types and all...
:end puke
You were born...and so you're free...so Happy Birthday! Laurie Anderson
[link|mailto:bepatient@aol.com|BePatient]
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Post #16,853
11/6/01 12:57:33 PM
11/6/01 12:58:02 PM
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Not not fine
I wouldn't. You *do* have other options available, as hard as they might be. That doesn't decrease Microsoft's monopoly position - but it does mean that *you* don't *have* to buy their product(s). Ad, I'm more than surprised. Are you trumpetting the myth that there is no Micros~1 tax? That I can buy a naked-PC from the manufacturer of my choice? (That would have been Gateway until they stopped offering Athlon processors, BTW...) Or that I can buy a PC pre-loaded with the OS(es) and application(s, or lack thereof) of my choice?
jb4 (Resistance is not futile...)
Edited by jb4
Nov. 6, 2001, 12:58:02 PM EST
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Post #16,934
11/6/01 4:13:07 PM
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Not^3 fine
Are you trumpetting the myth that there is no Micros~1 tax?
Nope.
That I can buy a naked-PC from the manufacturer of my choice? (That would have been Gateway until they stopped offering Athlon processors, BTW...) Or that I can buy a PC pre-loaded with the OS(es) and application(s, or lack thereof) of my choice?
Not at *all*.
You've misunderstood what a "monopoly" is. Microsoft is a monopoly not because you can't pick *any* PC of your choice. Even if they weren't a monpoly, that doesn't mean you *could* pick the PC of your choice with the OS of your choice. VA linux, for instance, refused to preload BSD. Gateway might not ship anything but RedHat, so Karsten, wouldn't be able to buy from them, etc.
But you *can* buy *a* PC, without Windows. You *can* replace Windows (though that's still paying the tax, its not requiring any other investement, etc).
You stated there was NO competition, nothing else, and that's not true, either. Linux, FreeBSD, and whatever OS/2 is this week *are* competitors. Their lack of market penetration is what (helps) define Microsoft AS a monopoly.
Addison
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Post #17,040
11/6/01 7:20:06 PM
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I am so glad that you have explained that the Marketing
Model is perfect and everything is operating like a well-Oiled Machine. Nothing has gone wrong.. gone wrong.. gone
It's just all those ignorant non-Economists who *imagine* that there just might be something .... which *has*.. gone wrong.. gone wrong.. with that Model of Reality\ufffd. (It couldn't be possible for The Model Itself to have severe errors within. Of course - everyone Knows That!)
Still.. Oh Well, perhaps those Celestial Market Forces shall
eventually
in a decade or two or three?
demonstrate the validity of this wondrous Model of Reality.
We'll be able to celebrate the bankruptcy of Billy IV in June of 2119, thus vindicating the existence of Market Forces. After all. We must all learn to Be Patient, I see, in order to fully appreciate the Wonderfulness of these Concepts.
OTOH if we'd prefer Not to live in that logical-fantasy numerical universe, and prefer one with non-robotic humans present too (and actually living a life)
Wake me...
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Post #16,531
11/4/01 10:23:15 PM
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Evil Parody...
"Hi..I'm Rodger Clinton...er...John Ashcroft, and I'm selling Presidental Pardons..er...Consent Decrees."
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Post #16,507
11/4/01 7:59:41 PM
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I never even said that much in his defense.
Actually, I don't recall if I said anything on the topic. I wasn't fully politicized until a couple months ago. But I was at least somewhat political-minded when all this came down.
I just didn't have anything to add. But I'm no liberal. I went through liberalism in middle school. Shave the whales, give me some chants, and all that. Grew out of it.
Meanwhile, in the current war, it's one, two, three, four... we all know damn well what we're fighting for!
Throw Ashcroft to the wolves, I say. I'll gladly let them savage Ashcroft if they'll let me savage Clinton. Actually, I'll savage Clinton regardless, so this is more of a concession than it seems.
[link|http://www.angelfire.com/ca3/marlowe/index.html|http://www.angelfir...e/index.html] Sometimes "tolerance" is just a word for not dealing with things.
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