RE: MS Breakup. was XP Windows all broken -- MIDRANGE-L

Chris,

Very well done! This is exactly what I'm talking about. These restrictions
are broad in scope, and should be very effective if put into practice. In
fact, I think the most important parts of the judgement start in paragraph
3.

Now, I hope you Yank's will let your members of Congress know in no
uncertain terms that you wish to see it carried through.


John Taylor

p.s. - Think of how much bandwith we could have saved if someone posted this
link earlier. But then again, most of the entertainment value in these
threads is the very process of arguing with you. ;-)



> -----Original Message-----
> From: owner-midrange-l@midrange.com
> [mailto:owner-midrange-l@midrange.com]On Behalf Of Chris Rehm
> Sent: Saturday, July 21, 2001 3:18 PM
> To: MIDRANGE-L@midrange.com
> Subject: 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:
>

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