[CLUE-Talk] Legal breaking of the MS monopoly WAS: Re:[CLUE-Tech] HP laptop

[Ed Hill]

On Wed, 2002-01-30 at 12:40, Kevin Cullis wrote:
> Ed,
> 
> Saw this and I think I'l reconsider my analogy some: 
> 
> Reiser Says MS Settlement Reflects Deep Failure To Understand
> Implications of "Patching" Technology
> 
> http://linuxpr.com/releases/4445.html
> 
> Apple's and oranges are like cars and computers ....
> 
> Kevin


Hi Kevin,

Yeah, I read it and don't entirely agree with Hans.  Like "Zonker", I
think companies do have a right to copyright binaries and hold the
source back.  I just think (or is it hope?) that such behavior will, in
the long run, prove to be a competitive disadvantage in many markets
since the buyers will eventually realize that they *DO* have a better
option--free/open source!

And, though Hans doesn't talk about it, Namesys could (in theory at
least) arrange to license the necessary parts of the WinNT/2K/XP source
code (or *just* the binary API) from MS so that they could build and
sell a Windows-compatible version of the ReiserFS.  This could all be
done without ever distributing any source-code patches as Hans
discusses.  Others have done it.  For example, there are third-party
Windows drivers for NFS and ext2.

I think Hans' other points about the zero-marginal-cost of software,
component tying, compatibility-leveraging, and the ramifications for
monopolists are more compelling if not terribly original.  Lessig and
others have harped upon these concepts and why they make it difficult to
compare software to physical goods like cars or tires or gasoline.

So like you said, apples and oranges!  ;-)

Ed

ps - I want to see free and open source software win (or loose) 
     through brutal head-on competition.  And I want the current 
     anti-trust laws enforced so that, in some practical sense, 
     the playing field is approximately level.


-- 
Edward H. Hill III, PhD
Post-Doctoral Researcher   |  Email:       ed at eh3.com, ehill at mines.edu
Division of ESE            |  URL:         http://www.eh3.com
Colorado School of Mines   |  Phone:       303-273-3483
Golden, CO  80401          |  Fax:         303-273-3311
Key fingerprint = 5BDE 4DA1 66BE 4F7B BC17  3A0C 932B 7266 1E76 F123
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