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Date:      Thu, 11 Nov 1999 21:45:01 -0800
From:      "David Schwartz" <>
To:        "Jamie Bowden" <>
Cc:        "Brett Glass" <>, <>, <freebsd-chat@FreeBSD.ORG>
Subject:   RE: Judge: "Gates Was Main Culprit"
Message-ID:  <000001bf2cd1$0f989c70$>
In-Reply-To: <>

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> So?  Most software companies aren't an OS monopoly using that position to
> force their non OS products down the throats of the world.

	Yes, Microsoft is a monpoly in the Alice-in-Wonderland world where Netscape
Navigator competes with Windows but Macintoshes don't.

> The DoJ isn't
> using Joe Programmers email against microsoft, they're using Chairman
> Gates', and his cadre of president's and vice-president's mail against
> them. If they don't represent the reasons and motives behind M$, who the
> hell does?

	Really, no one. That's why, in general, the standard for evaluating the
reasons for a businesses' conduct are essentially that of the 'best possible
reason'. In other words, to conclude that an action was specifically taken
solely for an anticompetitive purpose, it generally must be established that
there's no other legitimate business purpose why the action could have been

	Even individuals often explain their motivations inaccurately. This is why
we really don't have any 'pure intent' crimes, except perhaps for attempted


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