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Date:      Wed, 10 Nov 1999 20:51:34 -0700
From:      Brett Glass <brett@lariat.org>
To:        "David Schwartz" <davids@webmaster.com>, <angussf@geoapps.com>, <freebsd-chat@FreeBSD.ORG>
Subject:   RE: Judge: "Gates Was Main Culprit"
Message-ID:  <4.2.0.58.19991110204700.043fbe60@localhost>
In-Reply-To: <000001bf2bdb$20f36f00$021d85d1@youwant.to>
References:  <4.2.0.58.19991110165117.04522100@localhost>

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At 04:24 PM 11/10/1999 -0800, David Schwartz wrote:

>         The problem is that the majority of these practices were the same types of
>practices that every software design company practices every day. 

Not so. The practices in which Microsoft engaged all involved monopoly leverage,
which no other software company has.

> > To say that the government should not intervene because Microsoft's
> > illegal actions were accomplished (in part) via software design is akin to
> > saying  that the government should not punish fraud because it is
> > accomplished via speech.
>
>         Actually, that's a point that's relevant for several reasons. A lot of the
>evidence in this case consists of memos between Microsoft employees. The
>problem is, you can't infer a company's motives by what its employees say to
>each other. 

Oh? In that case, I suppose that any corporation can get away with anything,
then, because even though it's a "fictional person" for legal purposes
it cannot have intent. 

This leaves us wide open to a rather nasty agenda: minimize government that's 
accountable to the people, while instituting what is effectively government by 
corporate fiat.

--Brett



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