Timothy Sipples <[EMAIL PROTECTED]> wrote: > Among the post-Katrina stories, here's an interesting article, > focusing on how disaster (e.g. a flood) shapes history in > interesting ways (e.g. Watson founding IBM):
I think Watson's boss would have pushed Watson out no matter what, much as Lee Iacocca was pushed out at Ford... for being too good (and thus a threat to replace his boss). As for the statute under which Watson was convicted... the Sherman Act... Microsoft _was_ prosecuted for Sherman Act civil antitrust but its executives _could_ have instead been prosecuted for Sherman Act felony antitrust, as NCR's salesmen were. Though a felony antitrust conviction would have required the proof of a criminal act (e.g., extortion) beyond a reasonable doubt (a higher standard than the preponderance of evidence used in civil proceedings), I believe the standard of proof for the anti-competitive _nature_ of behavior is lower in felony antitrust cases. For example, I don't believe the U.S. Attorney in Dayton had to prove that breaking cash registers led to sales of NCR cash registers (anti-competitive effect)... just that breaking cash registers (a felonious act) was done with anti-competitive _intent_. Proving anti-competitive effect was the weakest part of the DOJ's civil proceeding against Microsoft... one I believe they failed to make on the political level where the pro-Microsoft settlement was arranged. If Washington had decided to not prosecute Microsoft at all (eliminating double jeopardy concerns), perhaps the U.S. Attorney in Salt Lake City would have attempted criminal prosecutions. Between the brutal trampling of several Utah businesses and the open condemnation of Microsoft by Senator Hatch (an immensely powerful figure on Capitol Hill), the U.S. Attorney there might have had enough political cover to break ranks with Washington on that. -- John R. Grout [EMAIL PROTECTED] ---------------------------------------------------------------------- For IBM-MAIN subscribe / signoff / archive access instructions, send email to [EMAIL PROTECTED] with the message: GET IBM-MAIN INFO Search the archives at http://bama.ua.edu/archives/ibm-main.html
