Proposed Remedies 4
Proposed Remedies 4
Recent developments in the nature of
software development seem to make Microsoft's domination in the industry unsure
(more on this later in Too Little Too Late?). Some would
say this makes the case a moot point. Still others say that the very idea of
antitrust law is flawed to begin with. The end result of these assumptions is
that we should simply ignore the violations and let Microsoft go unpunished.
We cannot simply ignore violations of
the law. It is contrary to common sense and the constitution to selectively
uphold legislation and punish violations. History has shown that when violations
of the law go unpunished, especially in high profile cases, the result is a loss
of public respect for the law and the legal system. Besides, there are alleged
victims to be considered here.
Antitrust legislation is set up such
that private suits can be filed by the firms who are hurt by the anticompetitive
actions of monopolists. At the very least, punishment should include this sort
of action, so that the alleged victims of Microsoft’s actions can have their
fair chance at justice in a court of law. The downside is that those claiming to
be injured by Microsoft are many, and indeed many of the private lawsuits filed
against Microsoft are being dismissed as frivolous. The combination of so many
hurting businesses and a scapegoat with deep pockets and a bad reputation
preceding him (a.k.a. Microsoft) would result in a flood of time and money
consuming lawsuits, with the legitimate barely distinguishable from the
frivolous.