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Science Friday > Archives > 1998 > October > October 16, 1998:

Hour One:
Microsoft Antitrust Preview / Pending Technology Legislation

On Monday of next week, lawyers from Microsoft and the U.S. Department of Justice will meet in Washington to begin what may be one of the most far-reaching court cases of the technological era - the fight over whether or not the Redmond, Washington-based software giant has violated federal antitrust laws in its quest for dominance in the world's computer markets.

The Sherman Antitrust Act, the main sword wielded by the government in its antitrust battles, was created in 1890 - long before computers hit the scene and before "convergence" became a buzzword. It was used in 1911 to chop apart John D. Rockefeller's Standard Oil company, and, more recently, to break up the Bell telephone system in the early 1980's. The law makes it a crime to monopolize any part of interstate commerce. According to the act, a monopoly exists when only one firm provides a product or service, and has gained that sole control not because it offers a superior product or service, but because it has suppressed competition through anticompetitive conduct.

In May, the Department of Justice brought suit against Microsoft, saying that it was engaged in an unlawful campaign to eliminate competition, deter innovation, and restrict consumer choice. It accused the company of using its monopoly on the Windows operating system to force other software products on consumers. Microsoft denies that there is a monopoly, and argues that its success is the result of providing products that consumers want to use. On this segment of Science Friday, we'll preview the upcoming case, talk about how this suit compares to past antitrust actions, and find out what effect the results might have on the future of the technology industry.

Then, we'll take a look at some pending technology legislation.

As Congress rushes to finish up action on pending legislation before it recesses for the fall election season, a number of important technology bills have moved through the pipeline - but several important pieces of legislation still remain Congress has agreed to postpone collecting taxes on sales over the Internet for three years. They've passed a bill protecting companies from Year 2000 computer problem-related lawsuits, and have agreed to legislation designed to protect copyright of information on the Internet. Still pending, however, are bills dealing with some of the seamier sides of the Internet - pornography and gambling - and bills dealing with encryption policy and spam have been set aside until next session.

On this segment of Science Friday, we'll talk about what tech bills are in the works - and what effects the ones that have been passed may have on technology worldwide.

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Guests:
James Grimaldi
Washington Correspondent
Seattle Times
Washington, DC

Mary Lou Steptoe
Antitrust Partner
Skadden, Arps
Washington, DC

Jeri Clausing
Technology Reporter
New York Times Online
Baltimore, MD

Deirdre Mulligan
Staff Counsel
Center for Democracy and Technology
Washington, DC

Books/Articles Discussed:

Related Links:
Microsoft documents on the case
Department of Justice documents
FINDLAW feature on the Microsoft case
Antitrust Enforcement and the Consumer
Consumer Project on Technology (anti-Microsoft group)

Previous SciFri program on Microsoft antitrust suit

THOMAS: legislative information from the Library of Congress
U.S. House of Representatives
U.S. Senate
Center for Democracy and Technology
Coalition Against Unsolicited Commercial E-mail (CAUCE)

This segment produced by:
Annette Heist
Charles Bergquist

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