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replay it again, sam

[From Salon]:

Personal video recorders already have Hollywood running scared. Now Microsoft is pushing a new computer that will make trading TV shows as easy as using ... Napster.

Categories: technology
Posted by diego on December 9, 2002 at 11:52 PM

more on product battles and the courts

Fred commented on my previous entry "product battles can't be won in court". He said:

Let me ask a question..

If you signed an agreement with sun to distriubte JVMs knowing full well that the contract prevented you from later distrbuting non qualified jvms not by sun and then did that said action prohibitied under that agreement.. would you not expect to be dragged into court for non compliance?

Read the orginal contract betwen SUN and MS..Sun is just asking a judge to enforce a contract that MS agreed to abide by..

The only way your arguement or Dave Winer's conjecture makes any sense at all is if MS did not sign the contract with Sun in the first place!

If MS did not want ot at any time distribute Sun's JVMs so it could do its own versions..than its obvious that they needed to not sign the agreement, right?

This is indeed a good point. However I am a bit confused at this point because I thought that the contractual lawsuit regarding the 1997 MS-Sun agreement had been settled for some $20 million and what was going on now was an antitrust suit using the definition of the recent DoJ suit that defined MS as a monopolist. If it's a contractual dispute it might be more reasonable (I say might because I Microsoft is an expert at drafting contracts that are amiguous enough to do anything they want, as the original 1994 consent decree with the US government shows, regarding which Bill Gates famously said that if they wanted to bundle a ham sandwich with Windows, they could). I will have to check a bit more on this... but certainly if its a contract violation then it's a different question altogether.

Categories: technology
Posted by diego on December 9, 2002 at 4:57 PM

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