Linux Networks & the Competition Act (Was: Fwd: [d at DCC] Competition Act)

[Darryl Moore]

Evan Leibovitch wrote:
> Darryl Moore wrote:
>> MS is most definitely a monopoly on the business desktop. It has
>> been proven in both US and EU courts.
>> 
> Yes, but context was everything. The monopoly for which they were
> founnd guilty is completely different from the nature of your charge.
> In the US the punishment given was miniscule, and even that was
> pretty well eliminated when Bush took over from Clinton. The EU is
> more aggressive, but their complaint(s) so far have also been
> generally limited to issues related to browser bundling.
> 

Well no, not exactly. The monopoly was exactly the same. The injured
parties and the method of abusing that monopoly was different.

Stop putting it all in the past tense. They are no less a monopoly now
then they were then. It is BECAUSE they are now recognized as a monopoly
that the EU is able to restrict their trading practices as they now do.

It is because they have been found to be a monopoly that the section of
the EULA restricting VM's should be struck down as I claim.

If indeed your assertions are correct, that they are not a monopoly ( or
at least do not hold a dominant position in the marketplace ), then my
complaint is dead in the water right there. But as I said, I don't think
it is difficult to prove otherwise.

>> As far as charging more for the ability to run Windows on a VM, I
>> believe that is covered under section 78 of the competition act
>> 
> 
> IANAL ... but neither are you.
> 
> How about geting an opinion from CIPPIC or the EFF, where they *do*
> have the qualified legal ability to examine this (as well as any
> relevant case law)....?
> 

You are absolutely right. I am not a lawyer. Unfortunately, neither can
I afford one. Fortunately, I do not need one to file a complaint. If one
were to come forward and offer to help, I would gratefully accept it,
but I wont let not having one stop me from trying my best. DYB DYB DYB.

I know others who have done similarly in the past, and even if I am not
successful, it is important to let the powers that be know how the
marketplace is adversely affected by the actions of these dominant players.




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