MS Breakup. was XP Windows all broken

John,
    You were asking if the breakup included a clause about ownership in the
two companies. I surely thought it didn't but I was wrong. Here is a couple
of excerpts from the filing.
    By the way, this isn't Jackson's wording, he didn't write the breakup
order. He had the Justice department do it. They gave him one, breaking them
into two companies, and he sent them back to redo it saying he thought it
should be three. They came back again with just two and that is what was
entered.
- - - - - - - -
 Provisions Implementing Divestiture Reorganization

    After Implementation of the Plan, and throughout the term of this Final
Judgment, neither the Operating Systems Business nor the Applications
Business, nor any member of their respective Boards of Directors, shall
acquire any securities or assets of the other Business; no Covered
Shareholder holding securities of either the Operating Systems Business or
the Applications Business shall acquire any securities or assets of or shall
be an officer, director, or employee of the other Business; and no person
who is an officer, director, or employee of the Operating Systems Business
or the Applications Business shall be an officer, director, or employee of
the other Business.

After Implementation of the Plan and throughout the term of this Final
Judgment, the Operating Systems Business and the Applications Business shall
be prohibited from:

i. merging or otherwise recombining, or entering into any joint venture with
one another;

ii. entering into any Agreement with one another under which one of the
Businesses develops, sells, licenses for sale or distribution, or
distributes products or services (other than the technologies referred to in
the following sentence) developed, sold, licensed, or distributed by the
other Business;

iii. providing to the other any APIs, Technical Information, Communications
Interfaces, or technical information that is not simultaneously published,
disclosed, or made readily available to ISVs, IHVs, and OEMs; and

iv. licensing, selling or otherwise providing to the other Business any
product or service on terms more favorable than those available to any
similarly situated third party.

------
Here's another fun note...
------
Throughout the term of this Final Judgment, Microsoft, the Operating Systems
Business and the Applications Business shall be prohibited from taking
adverse action against any person or entity in whole or in part because such
person or entity provided evidence in this case.
------

I tell you what, why not go have a look at the document. It is a little bit
legalese, but not too bad. It looks good to me.

http://www.usdoj.gov/atr/cases/f4800/4894.htm

at the bottom of it you will find the definition:

h. "Covered Shareholder" means a shareholder of Microsoft on the date of
entry of this Final Judgment who is a present or former employee, officer or
director of Microsoft and who owns directly or beneficially more than 5
percent of the voting stock of the firm.


Chris Rehm
javadisciple@earthlink.net
If you believe that the best technology wins the
marketplace, you haven't been paying attention.


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