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IP: Microsoft "profoundly dangerous to the rule of law" - Boston Globe


From: Dave Farber <farber () cis upenn edu>
Date: Sun, 11 Jun 2000 22:10:51 -0400



From: "Rob Raisch" <info () raisch com>
To: "Dave Farber" <farber () cis upenn edu>


(Dave, I include the last several paragraphs of this Globe staff piece as I
believe it raises an important issue related to the Microsoft trial: one of
"techno-libertarian dissent...to undermine the authority of the government."
/rr)

ECONOMIC PRINCIPALS:
Falsus in omnibus
By David Warsh, Globe Staff, 6/11/2000

Boston Globe Online -
http://www.boston.com/dailyglobe2/163/business/Falsus_in_omnibus%2b.shtml

[snip]

The Microsoft trial has turned into a remarkable contest, one of those
epochal events whose outcome affects the course of history itself. No longer
is it simply just a monopoly trial, like that of AT&T 20 years ago. Instead,
it is civil authority itself that has become the issue.

Bill Gates and his entourage have come to represent a certain kind of
techno-libertarian dissent that has grown up in the United States since the
1970s. During the antitrust investigation in 1995, there was a lot of loose
talk within the company about moving offshore if the US government ruled
against them. Microsoft signed a consent decree to end the case, then
blithely announced to the world the agreement meant nothing.

When the Justice Department moved forcefully against the company for
violating its earlier agreement, Microsoft stopped at almost nothing in its
attempt to undermine the authority of the government.

The company flouted the judge's rulings. It made extensive donations to the
Republican party, then appealed to GOP legislators to cut the Justice
Department's budget in hopes of crippling its ability to pursue the case. It
hired lobbyists to pressure presidential candidates. It paid for torrents of
sponsored research. It invented Orwellian mantras (''This case is about
Microsoft's right to innovate.'') It stalled at every turn.

How will Microsoft's conduct be thought of in terms of the history of the
decade? As being profoundly dangerous to the rule of law. The case itself
ultimately will be determined in the courts, of course. But its
unprecedented attempt to purchase immunity in the administrative and
legislative branches of government must be tried in the broader court of
public opinion.

--
Rob Raisch - lead analyst @ www.raisch.com
Muscular Business Intelligence


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