more on Net neutrality and antitrust

[David Farber <dave () farber net>]

Begin forwarded message:

From: Gerry Faulhaber <gerry-faulhaber () mchsi com>
Date: July 6, 2006 2:44:45 PM EDT
To: Charles Pinneo <pinneo () sbcglobal net>
Cc: dave () farber net
Subject: Re: [IP] Net neutrality and antitrust

No, MS purchased the Spyglass browser; they didn' t copy Netscape.   
And this is irrelevant to the point that indeed Sun and Netscape  
lobbied very hard and very long at the DoJ to get the Antitrust Div.  
to file the MS case. Previously, the FTC decided not to bring a case  
against MS, which is some evidence of the effectiveness of the Sun/ 
Netscape lobbying strategy at DoJ.

It is of no antitrust consequence that MS buys much of its innovative  
software, a strategy that many companies use.  Pharma, for example,  
outsources virtually all its biotech stuff.  Are we supposed to think  
this is an evil strategy?  Not only am I not rewriting history,  
Charles, I am perfectly comfortable with MS's strategy here and I do  
not feel they or anyone else needs to apologize for it.

Professor Gerald R. Faulhaber
Business and Public Policy Dept.
Wharton School, University of Pennsylvania
Philadelphia, PA 19104
Professor of Law
University of Pennsylvania Law School

----- Original Message -----
From: "Charles Pinneo" <pinneo () sbcglobal net>
To: "Gerry Faulhaber" <gerry-faulhaber () mchsi com>; "Dave Farber"  
<dave () farber net>
Sent: Thursday, July 06, 2006 10:01 AM
Subject: Re: [IP] Net neutrality and antitrust


> Gerry,
>
> What do you mean, "Sun and Netscape whined about Microsoft,"   
> Microsoft copied the Netscape browser and stole it from Netscape.   
> Microsoft never invented anything. Everything they made was  
> invented  by other smaller Companies. Are you trying to reinvent  
> history?
>
> Charlie Pinneo
> pinneo () sbcglobal net
> -----------------------------
> On Jul 5, 2006, at 5:33 PM, David Farber wrote:
>
> > Begin forwarded message:
> >
> > From: Gerry Faulhaber <gerry-faulhaber () mchsi com>
> > Date: July 5, 2006 3:18:08 PM EDT
> > To: dave () farber net
> > Subject: Re: [IP] Net neutrality and antitrust
> >
> > Dave [for IP]
> >
> > This is indeed the path we suggested...sort of.  Perhaps Vint was  
> > misquoted, but the news article makes him look like he expects  
> > the  DoJ to bring his antitrust case for him when he asks for it.   
> > This  is very unlikely to happen, unless a BB ISP is egregiously   
> > anticompetitive.  If Google wants relief under A/T law, they will   
> > almost surely have to file a private case. This is not unusual;   
> > private A/T cases are rather common.
> >
> > The last time private firms lobbied the (Clinton) DoJ to  
> > institute  an antitrust case was when Sun and Netscape whined  
> > about Microsoft;  I suspect the DoJ folks don't see that as a  
> > great success, and are  maybe not so likely to be the industry's  
> > cat's paw again.
> >
> > Professor Gerald R. Faulhaber
> > Business & Public Policy Dept.
> > Wharton School, University of Pennsylvania
> > Philadelphia, PA 19104
> > Professor of Law
> > University of Pennsylvania Law School
> >
> > ----- Original Message ----- From: "David Farber" <dave () farber net>
> > To: <ip () v2 listbox com>
> > Sent: Wednesday, July 05, 2006 10:11 AM
> > Subject: [IP] Net neutrality and antitrust
> >
> >
> > > seems that is the path we suggested
> > >
> > > Begin forwarded message:
> > >
> > > Google says bill could spark antitrust fight
> > >
> > > Vint Cerf, a Google vice president and one of the pioneers of the
> > > Internet, warned that his company won't hesitate to file antitrust
> > > complaints in the United States if high-speed Internet providers
> > > abuse the market power they could receive from U.S. legislators.
> > > There's still room for political maneuvering on both sides of the
> > > Net neutrality argument before a bill gets passed.
> > >
> > > http://ct.zdnet.com/clicks?t=2802573-  
> > > cf4eb2b70d07133033c66f1cdd38477f- bf&s=5&fs=0
> > >
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> >
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