http://www.independent.org/tii/news/000628statement.html


FOR IMMEDIATE RELEASE
June 28, 2000
Contact: Rob Latham
(510) 632-1366
[EMAIL PROTECTED]


STATEMENT FROM THE INDEPENDENT INSTITUTE ON ORACLE'S SPONSORSHIP OF 
SMEAR CAMPAIGN


OAKLAND, California -- The Independent Institute released the 
following statement from its founder and president, David J. Theroux, 
regarding stories in
the June 28, 2000 editions of The New York Times and The Wall Street 
Journal that software maker Oracle Corporation hired investigators to 
use
clandestine tactics to try and smear the Institute's work.

"We were disappointed to learn that our San Francisco Bay Area 
neighbor, Oracle Corporation, hired Investigative Group International 
in an unsuccessful
attempt to smear us by calling into question the legitimacy of our 
14-year scholarly, public policy research program.

"Instead of being willing to address the issues openly, Oracle has 
apparently felt the need to employ back-alley tactics, subterfuge, 
and disinformation in
order to achieve its aims.

"We challenge Oracle's executives -- and renew our invitation to 
Assistant Attorney General Joel Klein -- to publicly debate the 
central economic, legal, and
social issues of antitrust, competition, and high technology.

"Evidently, Oracle's clandestine campaign was triggered by the impact 
of the Institute's research findings and public discussions resulting 
from our Open
Letter on Antitrust Protectionism -- which criticizes the antitrust 
prosecution of Microsoft and other high-tech firms as having nothing 
to do with consumer
welfare and everything to do with corporate welfare.

"To set the record straight, the Open Letter was organized, written, 
and promoted entirely at our initiative. Two hundred and forty of the 
nation's leading
economists and other scholars signed the Open Letter, none of whom 
was paid for his or her involvement. The Institute used its general 
funds to publish the
Open Letter on June 2, 1999 in two national newspapers as a public service.

"The Open Letter was organized as part of the Institute's 
long-running work in this field. Our research and work in this area 
predates the Microsoft case, the
"browser wars," and even the Internet industry itself. Research by 
professors Stan Liebowitz and Stephen Margolis, culminating in our 
widely-acclaimed
book, Winners, Losers & Microsoft, draws upon the authors' systematic 
research of independent software reviews from computer magazines over 
the past
15 years.

"The fact that Microsoft has been a member of The Independent 
Institute for the past two years has not altered any aspect of the 
substance or conclusions of
our consistent and indeed independent work, stretching back over ten 
years. Microsoft's support constitutes a gift, which any first-year 
lawyer can tell you is
insufficient to support a legally-enforceable contract. Unlike Oracle 
and Investigative Group International, The Independent Institute has 
never performed
contract research and never will.

"All of our work is strictly based on the excellent, scholarly 
standards of peer-reviewed science, for which we will not accept 
contract funding, and there is
no aspect of government policy nor social or economic issue that we 
might not address.

"Here we have a federal court case that will affect the future of 
global markets in a field that is producing the single greatest 
economic revolution since the
dawn of the industrial age. Pursued at the behest of a group of 
multi-billionaire business leaders, this case is based on a 
fundamentally flawed economic
theory ("path dependence") that has no empirical evidence to support 
it and no evidence of consumer harm.

"Meanwhile, opinion polls show that the general public is 
overwhelmingly opposed to the case and ranks Microsoft at the highest 
order. We shouldn't let the
sideshow of public relations campaigns and corporate espionage mask 
the real story in this case -- the pervasive existence of corporate 
welfare and corporate
statism in the U.S., of which antitrust protectionism is one major aspect.

"Since its publication, Winners, Losers & Microsoft, has received 
glowing reviews from top economists and other scholars in the field. 
It would appear
that perhaps the inconvenient, timely, and well-received findings of 
our work might not have exactly set too well with some of those at 
Oracle, and perhaps
elsewhere, who have a special-interest stake in the outcome of the 
Microsoft case.

An Open Letter to President Clinton on Antitrust Protectionism

Winners, Losers & Microsoft: Competition and Antitrust in High 
Technology, by Stan Liebowitz and Stephen Margolis

Antitrust and Monopoly: Anatomy of a Policy Failure, by Dominick T. Armentano

Is Microsoft a Monopolist? by Richard McKenzie and William Shughart 
[Article from The Independent Review (pdf or html)]

Antitrust and the Commons: Cooperation or Collusion? by Bruce Yandle 
[Article from The Independent Review (pdf)]










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