Posted by Stephen Adams on 06/12/06 13:36

NRen2k5 <nomore@email.com> writes:

>Stephen Adams wrote:
>> NRen2k5 <nomore@email.com> writes:
>>> RichardK wrote:
>>>> NRen2k5 wrote:
>>>>
>>>>>> You might consider that failing to license is doing worse, I don't.
>>>>>> Bottom line is success, market penetration and sales.
>>>>> It's going to bite them in the ass when
>>>>> 1) The courts catch up to them.
>>>>> 2) Their competitors outdo them.
>>>>> and 3) Their customers turn on them.
>>>>>
>>>>> All because they decided to be ultra-anal with their format.
>>>> 1: The courts are going to catch up with them for what, exactly?
>>> Unfair business practice.
>>
>> There is nothing unfair about Apple's business practices under US law.
>> Please cite the exact statute and how you thin Apple is violating it.
>
>http://en.wikipedia.org/wiki/Antitrust
>http://en.wikipedia.org/wiki/Vendor_lock-in

You didn't explain how they violate either. Remember, simply being
a monopoly is NOT illegal if you didn't use illegal methods to get
there or use illegal methods to keep competitors out.

No company is under ANY obligation under US law to create a product
that other companies can interoperate with. For a clear example,
take the situation where I build a widget that uses my proprietary,
patented techonolgy (whatever it might do), and it's a legit, valid
patent, I am *entitlted* to a monopoly in the production of such
items - I am never forced to license it. The US Constitution guarantees
that I have the right to exclusivity.

At no time, before or after the patent expires, am I required to make
my device compatible with any other device. I can't stop others from
making things that connect to my device, or making products or services
that make use of my device, including add-ons for it (assuming they
don't violate my patent).

In this case, nothing is stopping a venodr from creating content for
the iPod. Nothing is stopping a competitor from producing a device
that competes with it. Nothing forces a user to buy music from iTunes.

So the only possible question is, does the requirement to use an iPod
to buy from iTunes violate anti-trust law? No. Apple is under absolutely
no obligation to open iTunes to other devices. None. Apple got to where
they are by producing a better product/service combination than anyone
else.

Apple has done nothing illegal. They win because their competitors can't
design a better product. In the US, we don't punish companies for doing
that, unless they use their market position illegally.

-Stephen
--
Space Age Cybernomad Stephen Adams
malchus842SP@AMgmail.com (remove SPAM to reply)

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