David Schwartz said:
The conclusion that the means were illegal is predicated on the
definition of the relevent market as "desktop operating systems for 32-bit
x86 computers". Conduct is not illegal unless some law puts people on
adequate notice that their conduct is illegal. What law put Microsoft on
notice that the relevent market would be defined in the bizarre and almost
nonsensical way?
Not at all. The conclusion that the means were illegal was because
*they worked*. If MS didn't have monopoly power, the people they were
dealing with would have laughed at them.
In other words, they believe the rights of Microsoft to do what they
please with what is theirs is subservient to some general obligation to help
the economy as a whole. I am saying that Microsoft has no obligaiton to the
economy as a whole but instead has an obligation to its stockholders. It
would be the gravest dereliction of that obligation for Microsoft to
sacrifice itself for some general benefit.
You do like straw men, don't you? Nowhere in the what I said does the
word "help" appear; you pulled it out of thin air, and what you said
in general has *nothing* to do with what you quoted above. The
statements don't contradict each other in any way, and both happen to
be true.
It is not theft if you can simply say "no" to the deal and all that
happens is that you don't get the product. Your argument is preposterous. If
you accept arguments that equate guns with arguments, the next step is that
using a gun is a rational response to an argument one doesn't like. Oh wait,
you're already there.
Yup, we're there - and you brought us there, by referring to federal
judges as "criminals pointing guns".
Of course, there are lots more straw men in this argument. I didn't
mention guns at all - you manufactured that from nothing. Theft
doesn't have to involve guns. Hell, it doesn't even have to involve
the knowledge of the victim, which is the case here. Everyone buying a
system from those that MS bullied paid for an MS OS, whether they got
one or not, and wether they knew it or not - and MS got the
money. They didn't even realize they were being robbed, so saying "no"
was never an option.
If you believe that, then there is no reaching you with reason.
The government created a medium of exchange, but that is not the same as
saying it created the wealth that money represents. The government created
the money simply as a stand in for the wealth that was created by others.
Another straw man. Saying "the government owns the wealth that was
created by others" is not the same thing as saying "the government
owns the economy".
The government charges you, notionally, for the services it provides. It
is somewhat silly to phrase as this as charging you for the privilege of
participating in *their* economy. I am familiar with just about every theory
for justifying government power, and I know of none that justifies a claim
of complete government ownership of the economy other than those that lead
to Communism or Totalitariansm.
Of course you aren't familiar with it. Statists seldom admit that
their system means the government owns the economy.
I see you are a totalitarianist or perhaps a communist. If you want to
live in America and discuss things that are relevent to America, let me
know.
You couldn't be more wrong. Then again, that's nothing new.
If the government prosecutes people for crimes wherein there was no
notice whatsoever that their conduct was criminal, it is acting criminally
itself. Apparently, in your world the only alternatives are that the
government owns everything or that the government owns nothing. As soon as I
claim anything is beyond the government's power, I'm an anarchist in your
book.
Yet *another* straw man. I do hope you enjoy arguing with yourself. I
never said the government owning nothing was an alternative. Nor did I
say you were an anarchist.
Since when does the DOJ get to make the law? (George Bush's claims to
the contrary not withstanding.) The issue is whether the *LAW* put Microsoft
on notice. A just law must itself put people on notice as to precisely what
conduct constitutes a violation of that law.
In that case, we hav an *awful* lot of unjust laws, because laws
seldom disallow "precise" behavior. Which is the only rational way for
a system of laws to work. Requiring that the law predict *everything*
that someone might do to harm others and explicitly listing all those
cases is silly. Instead, you outline a class of actions and tag them
all as illegal. That's why we have laws against assault and battery
and unsafe driving. And laws against exercising monopoly power in an
unfair manner.
<mike