{"id":1558,"date":"2001-12-11T15:37:24","date_gmt":"2001-12-11T20:37:24","guid":{"rendered":"http:\/\/hill-kleerup.org\/blog\/wp\/?p=1558"},"modified":"2001-12-11T15:37:24","modified_gmt":"2001-12-11T20:37:24","slug":"wouldnt_it_be_l","status":"publish","type":"post","link":"https:\/\/hill-kleerup.org\/blog\/2001\/12\/11\/wouldnt_it_be_l.html","title":{"rendered":"Wouldn’t it be loverly?"},"content":{"rendered":"

The nine demurring states in the Micro$oft anti-trust settlement have put together some intriguing proposals<\/a> for a settlement. Intriguing enough that they’re probably all non-starters, according to the summary<\/a> in the Register<\/i>.<\/p>\n

The salient difference between this document and the previous is that the States have made a reasonable attempt at identifying previous abuses, anticipating future ones and, step-by-step, explaining how the remedies they’re proposing would tackle them. It’s a pretty big problem, so inevitably they’ve come up with something that is wholly unpalatable to Microsoft, and that therefore could never have been achieved via a negotiated settlement.
\nThe DoJ document, on the other hand, lists the relatively few concessions that could be achieved to form a negotiated settlement, then makes a futile and unconvincing attempt to explain why these will solve all the problems and tame The Beast. There is at least intellectual merit in the nine States having tossed this approach and devised something with internal logic and coherence instead.
\n[…] Ed Black of the Computer & Communications Industry Association (CCIA) welcomed the proposal, while saying that additional remedies would also be appropriate. “Unlike the Justice Department’s capitulation to Microsoft, this is a serious effort to curb the illegal monopoly conduct of the company and restore competition to the software industry. Perhaps the most striking difference between the States’ proposed remedy and the Microsoft\/DoJ settlement is that the States’ proposal was clearly drafted by prosecutors seeking to enforce the law, while the settlement was obviously crafted largely by Microsoft to provide a means of evading the law.”<\/p>\n

Among the tidbits are a proposal to make Internet Explorer an open source utility, and to allow other companies to license the code to M$ Office to be ported to other computing platforms than Windows. There’s also the normal dreary stuff about preventing breakware, independent secure code reviews, etc.<\/p>\n

Most notably, folks in the process who aren’t happy about it aren’t gagged by the settlement, either.<\/p>\n

It’s almost certainly a non-starter, but it’s nice to see someone in the process actually looking for some remedies for the adjudged monopolistic practices of M$.<\/p>\n","protected":false},"excerpt":{"rendered":"

The nine demurring states in the Micro$oft anti-trust settlement have put together some intriguing proposals for a settlement. Intriguing enough that they’re probably all non-starters, according to the summary in…<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_seopress_robots_follow":"","_seopress_robots_imageindex":"","_seopress_robots_snippet":"","_seopress_robots_primary_cat":"","_seopress_robots_breadcrumbs":"","_seopress_robots_freeze_modified_date":"","_seopress_robots_custom_modified_date":"","_seopress_robots_canonical":"","_seopress_social_fb_title":"","_seopress_social_fb_desc":"","_seopress_social_fb_img":"","_seopress_social_fb_img_attachment_id":0,"_seopress_social_fb_img_width":0,"_seopress_social_fb_img_height":0,"_seopress_social_twitter_title":"","_seopress_social_twitter_desc":"","_seopress_social_twitter_img":"","_seopress_social_twitter_img_attachment_id":0,"_seopress_social_twitter_img_width":0,"_seopress_social_twitter_img_height":0,"_seopress_redirections_value":"","_seopress_redirections_enabled":"","_seopress_redirections_enabled_regex":"","_seopress_redirections_logged_status":"","_seopress_redirections_param":"","_seopress_redirections_type":0,"_seopress_analysis_target_kw":"","_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[35],"tags":[],"class_list":["post-1558","post","type-post","status-publish","format-standard","hentry","category-big-business"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":128648,"url":"https:\/\/hill-kleerup.org\/blog\/2015\/11\/08\/nice-regulatory-structure-if-you-can-get-one.html","url_meta":{"origin":1558,"position":0},"title":"Nice regulatory structure, if you can get one","author":"***Dave","date":"Sun 8-Nov-15 9:11am","format":false,"excerpt":"Among the other concerns with the Trans-Pacific Partnership treaty, now before the Senate for an up\/down vote, is that it turns any attempt to regulate the finance industry in a way that arguably reduces its profits into a law suit at an international tribunal.'The TPP, a 12-nation pact with countries\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2449,"url":"https:\/\/hill-kleerup.org\/blog\/2002\/06\/20\/standing_tall_o.html","url_meta":{"origin":1558,"position":1},"title":"Standing tall or standing stupid?","author":"***Dave","date":"Thu 20-Jun-02 8:20am","format":false,"excerpt":"Judge Kollar-Kotelly asked both sides in the States-versus-Micro$oft hearings to, in their summaries, discuss possible compromises in their positions. The states complied, ranking in importance the various remedies they're seeking....","rel":"","context":"In "Hi-Tech"","block_context":{"text":"Hi-Tech","link":"https:\/\/hill-kleerup.org\/blog\/category\/hi-tech"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1473,"url":"https:\/\/hill-kleerup.org\/blog\/2001\/12\/31\/stop_in_the_nam.html","url_meta":{"origin":1558,"position":2},"title":"Stop! In the name of Love!","author":"***Dave","date":"Mon 31-Dec-01 3:47pm","format":false,"excerpt":"Micro$oft, caught completely off-guard by the dissenting states (sh'yeah, right), is begging for a four month delay in further hearings. Never mind that the next hearing is scheduled for mid-March,...","rel":"","context":"In "Big Business"","block_context":{"text":"Big Business","link":"https:\/\/hill-kleerup.org\/blog\/category\/big-business"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":24111,"url":"https:\/\/hill-kleerup.org\/blog\/2011\/11\/28\/denied-consent.html","url_meta":{"origin":1558,"position":3},"title":"Denied consent","author":"***Dave","date":"Mon 28-Nov-11 1:06pm","format":false,"excerpt":"Quoth the judge: \"The SEC's longstanding policy\u2014hallowed by history, but not by reason\u2014of allowing defendants to enter into consent judgments without admitting or denying the underlying allegations, deprives the court of even the most minimal assurance that the substantial injunctive relief it is being asked to impose has any basis\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":88,"url":"https:\/\/hill-kleerup.org\/blog\/2003\/06\/16\/music_hark_2.html","url_meta":{"origin":1558,"position":4},"title":"Music, hark!","author":"***Dave","date":"Mon 16-Jun-03 9:08pm","format":false,"excerpt":"A judge has accepted the settlement in the CD price-fixing case. A judge has approved a settlement agreement in a music antitrust lawsuit that will result in more than 3.5...","rel":"","context":"In "Media Moguls"","block_context":{"text":"Media Moguls","link":"https:\/\/hill-kleerup.org\/blog\/category\/media\/media-moguls"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":133363,"url":"https:\/\/hill-kleerup.org\/blog\/2017\/04\/27\/united-reaches-settlement-lays-out-improvements.html","url_meta":{"origin":1558,"position":5},"title":"United reaches settlement, lays out improvements","author":"***Dave","date":"Thu 27-Apr-17 7:59pm","format":false,"excerpt":"Aside from the fact that all of these improvements should have been in play in the first place, and that United's initial responses were so awful,the resolution appears to be pretty decent. We'll see how they do. United and man dragged from flight reach \u2018amicable\u2019 settlement \"Our policies got in\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/1558","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/comments?post=1558"}],"version-history":[{"count":0,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/1558\/revisions"}],"wp:attachment":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/media?parent=1558"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/categories?post=1558"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/tags?post=1558"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}