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IP: "commingling of code" is anticompetitive [seems to me that is what I testified on djf]
From: David Farber <dave () farber net>
Date: Thu, 28 Jun 2001 18:49:55 -0400
From: "Meeks, Brock (MSNBCi)" <Brock.Meeks () MSNBC COM> To: "'farber () cis upenn edu'" <farber () cis upenn edu> Subject: "commingling of code" is anticompetitive Date: Thu, 28 Jun 2001 11:15:33 -0700 X-Mailer: Internet Mail Service (5.5.2653.19) Following up on Dan Gilmor's comments. Microsoft may have one a round here, not the fight. Look at this snippet from page 39 of the ruling on integrating the browser with Windows: In view of the contradictory testimony in the record, some of which supports the District Court's finding that Microsoft commingled browsing and non-browsing code, we cannot conclude that the finding was clearly erroneous. See Anderson v. City of Bessemer City, 470 U.S. 564, 573-74 (1985) (''If the district court's account of the evidence is plausible in light of the record viewed in its entirety, the court of appeals may not reverse it even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently.''). Accordingly, we reject Microsoft's argument that we should vacate Finding of Fact 159 as it relates to the commingling of code, and we conclude that such commingling has an anticompetitive effect; as noted above, the commingling deters OEMs from pre-installing rival browsers, thereby reducing the rivals' usage share and, hence, developers' interest in rivals' APIs as an alternative to the API set exposed by Microsoft's operating system.
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- IP: "commingling of code" is anticompetitive [seems to me that is what I testified on djf] David Farber (Jun 28)