Roedy Green wrote:
> On Wed, 26 Oct 2005 16:53:07 -0700, "David Schwartz"
> <[EMAIL PROTECTED]> wrote, quoted or indirectly quoted someone who
> said :
>> Umm, it's not a judgment. Microsoft said you can sell Windows and
>> other operating systems, but there will be a charge for every
>> machine you sell without Windows -- if you want to be able to buy
>> Windows wholesale. Someone could comply with this by not selling any
>> other operating systems at all and never pay the fee. Therefore,
>> this is a lesser restriction than saying you can only sell Windows
>> wholesale if you don't sell or offer any competing systems. If I
>> have the right to say you can't use my car at all, I have the lesser
>> right to impose the lesser restriction that you can only use my car
>> if you pay me $10.
> It makes a big difference that MS has a monopoly.
See my other response to this specific argument.
> If I open an washing machine store and Maytag says, "we only sell
> wholesale to you if you agree to sell our brand exclusively."
>
> What Microsoft did is different for three reasons:
>
> 1. the Maytag agreement made up front, not imposed to shut down a
> business who has never signed a prior exclusivity contract.
The Microsoft agreement is also up front. It's not "imposed" in any
sense except that it's one of the conditions for buying Windows wholesale.
> 2. The appliance store has lots of other brands to sell. In my case,
> failing to comply with MS's illegal and immoral demand would put me
> out of busness. They were forcing me into commit criminal acts or lose
> my business.
In other words, what Microsoft had to offer you was of such value that
you'd have no customers without it. To put it another way, those are
Microsoft's customers because it's your ability to sell Microsoft products
that makes your business.
> 3. Maytag makes the machines. In the computer instance, we at CMP
> custom build the computers. Microsoft have no business telling me what
> to do when they supplied only one component. I could not even sell a
> BARE computer.
The "one component" is what makes the product you're selling. It's
"Windows PCs" that people are buying and it's the look and feel of a
"Windows PC" that makes it what it is.
There is no different to Microsoft beween a bare computer and one
preloaded with Linux or FreeBSD. One can quickly be converted to other with
minimal cost of effort. In the market, bare PCs really do compete with
Windows PCs.
DS
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