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	<title>Comments on: Does Microsoft Violate Your Rights ?</title>
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	<description>Life. Liberty. Property. Defending individual freedom and liberty, one post at a time.</description>
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		<title>By: The Liberty Papers</title>
		<link>http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-707</link>
		<dc:creator>The Liberty Papers</dc:creator>
		<pubDate>Tue, 28 Feb 2006 00:54:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-707</guid>
		<description>&lt;strong&gt;A Final Word On Monopolies&lt;/strong&gt;

About two weeks ago, we had quite a spirited debate here about the question of monopolies in a free market system, and specifically the question of whether Microsoft, or any other supposed monopoly was a problem that libertarians and classical libera...</description>
		<content:encoded><![CDATA[<p><strong>A Final Word On Monopolies</strong></p>
<p>About two weeks ago, we had quite a spirited debate here about the question of monopolies in a free market system, and specifically the question of whether Microsoft, or any other supposed monopoly was a problem that libertarians and classical libera&#8230;</p>
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		<title>By: Doug</title>
		<link>http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-589</link>
		<dc:creator>Doug</dc:creator>
		<pubDate>Sun, 19 Feb 2006 14:15:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-589</guid>
		<description>Eric,

That is precisely my point. If a so-called monopoly (and I still think we haven&#039;t defined that properly) arises as a result of a purely free market, then there is nothing wrong with it. If it arises because of government action, then there is.

I guess what I don&#039;t understand is what you propose be done, within the confines of a free market system if a &quot;monopoly&quot; or business capable of creating &quot;resource scarcity&quot; arises ?</description>
		<content:encoded><![CDATA[<p>Eric,</p>
<p>That is precisely my point. If a so-called monopoly (and I still think we haven&#8217;t defined that properly) arises as a result of a purely free market, then there is nothing wrong with it. If it arises because of government action, then there is.</p>
<p>I guess what I don&#8217;t understand is what you propose be done, within the confines of a free market system if a &#8220;monopoly&#8221; or business capable of creating &#8220;resource scarcity&#8221; arises ?</p>
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		<title>By: Eric</title>
		<link>http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-588</link>
		<dc:creator>Eric</dc:creator>
		<pubDate>Sun, 19 Feb 2006 07:42:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-588</guid>
		<description>Doug, I think the issue here is that you feel that if it is a result of the market, then it&#039;s just fine. But the market can allow mistakes because it isn&#039;t perfect. The worst response to that lack of perfection is to throw government intervention at the market. That said, it doesn&#039;t mean that the bad outcome is okay just because it happened within the market. And a monopoly is not a good thing. A monopoly allows a corporation or an individual to create more resource scarcity than the market would normally allow. This means that the market, in that area, is less efficient than it should be. And that isn&#039;t good.

It&#039;s easy to argue that the consumer can simply choose not to purchase the monopolized resource. Unfortunately, that is not always a reasonable position. What if the monopoly is on heating oil and you live in Albany, for example? 

The market is better, by far, than any other means we have found, in practice, for efficient allocation of resources and decision-making. But it is neither perfectly efficient nor perfectly ethical. &quot;Natural monopolies&quot;, which represent concentrations of power, lack of efficiency and artificial resource scarcity are not good for the market.</description>
		<content:encoded><![CDATA[<p>Doug, I think the issue here is that you feel that if it is a result of the market, then it&#8217;s just fine. But the market can allow mistakes because it isn&#8217;t perfect. The worst response to that lack of perfection is to throw government intervention at the market. That said, it doesn&#8217;t mean that the bad outcome is okay just because it happened within the market. And a monopoly is not a good thing. A monopoly allows a corporation or an individual to create more resource scarcity than the market would normally allow. This means that the market, in that area, is less efficient than it should be. And that isn&#8217;t good.</p>
<p>It&#8217;s easy to argue that the consumer can simply choose not to purchase the monopolized resource. Unfortunately, that is not always a reasonable position. What if the monopoly is on heating oil and you live in Albany, for example? </p>
<p>The market is better, by far, than any other means we have found, in practice, for efficient allocation of resources and decision-making. But it is neither perfectly efficient nor perfectly ethical. &#8220;Natural monopolies&#8221;, which represent concentrations of power, lack of efficiency and artificial resource scarcity are not good for the market.</p>
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		<title>By: Doug</title>
		<link>http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-586</link>
		<dc:creator>Doug</dc:creator>
		<pubDate>Sat, 18 Feb 2006 22:01:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-586</guid>
		<description>I guess I&#039;m still missing your point. Even in a completely free market, people will be able to join together, whether it be in a labor union or a business association akin to a corporation, and create this so-called &quot;resource scarcity&quot;.

Maybe that&#039;s true, but so what ? 

If its indeed going to be a free market, then they are going to be free to do whatever they want. 

Additionally, isn&#039;t it the very definition of capitalism that I have something to sell that you want to buy. The classic example is the sale of real property. As between a buyer and seller, there is a &quot;resource scarcity&quot; because each piece of property is unique. That&#039;s just the way things are.</description>
		<content:encoded><![CDATA[<p>I guess I&#8217;m still missing your point. Even in a completely free market, people will be able to join together, whether it be in a labor union or a business association akin to a corporation, and create this so-called &#8220;resource scarcity&#8221;.</p>
<p>Maybe that&#8217;s true, but so what ? </p>
<p>If its indeed going to be a free market, then they are going to be free to do whatever they want. </p>
<p>Additionally, isn&#8217;t it the very definition of capitalism that I have something to sell that you want to buy. The classic example is the sale of real property. As between a buyer and seller, there is a &#8220;resource scarcity&#8221; because each piece of property is unique. That&#8217;s just the way things are.</p>
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		<title>By: Eric</title>
		<link>http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-578</link>
		<dc:creator>Eric</dc:creator>
		<pubDate>Fri, 17 Feb 2006 20:37:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-578</guid>
		<description>The first point I was trying to get at is that labor unions are no different from corporations in the sense that they are an organization that is designed to create resource scarcity to enhance their own profit. In a free market, with plenty of competitors, that isn&#039;t an issue. Some other competitor is going to decide they won&#039;t go along with the idea (if they all agree outside the market to manipulate the market, that&#039;s collusion, and that&#039;s a whole new problem). But, when there are no other viable competitors, then you have a monopoly. A monopoly is not a good thing, whether it is mandated by the state, or not. A so-called &quot;natural monopoly&quot; has quasi-governmental powers within their market. From that perspective, there is little difference between those two and a government. In other words, it&#039;s not just the official government that is dangerous. 

On top of that, like the laws that enforce the union&#039;s ability to create resource scarcity, there are laws that enforce and support a corporation&#039;s ability to do the same. Look at the issues that Coyote details in trying to do business in Colorado as an example. And his experience is not unique to Colorado at all.</description>
		<content:encoded><![CDATA[<p>The first point I was trying to get at is that labor unions are no different from corporations in the sense that they are an organization that is designed to create resource scarcity to enhance their own profit. In a free market, with plenty of competitors, that isn&#8217;t an issue. Some other competitor is going to decide they won&#8217;t go along with the idea (if they all agree outside the market to manipulate the market, that&#8217;s collusion, and that&#8217;s a whole new problem). But, when there are no other viable competitors, then you have a monopoly. A monopoly is not a good thing, whether it is mandated by the state, or not. A so-called &#8220;natural monopoly&#8221; has quasi-governmental powers within their market. From that perspective, there is little difference between those two and a government. In other words, it&#8217;s not just the official government that is dangerous. </p>
<p>On top of that, like the laws that enforce the union&#8217;s ability to create resource scarcity, there are laws that enforce and support a corporation&#8217;s ability to do the same. Look at the issues that Coyote details in trying to do business in Colorado as an example. And his experience is not unique to Colorado at all.</p>
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		<title>By: Doug</title>
		<link>http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-577</link>
		<dc:creator>Doug</dc:creator>
		<pubDate>Fri, 17 Feb 2006 19:45:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-577</guid>
		<description>But that&#039;s true of any voluntary organization of people that exists to provide an economic good. If two lawyers enter into a partnership together and have an agreed fee structure that each will charge, aren&#039;t they essentially creating an artificial scarcity in the market they&#039;re in ?

In other words, what you say may be true but does it really matter ? Labor unions only truly became a menace when they got the power of the state behind them in the form of closed shop laws which required mandatory membership in the union. Leaving that out of the picture, if the workers at a particular factory all want to band together for the purpose of bargaining as a group with their employer, I don&#039;t see anything wrong with that from a libertarian perspective. 

I know you&#039;re not suggesting that people should be forbidden by law from entering into these types of arrangements, but given that I am not sure what the significance of this point really is.</description>
		<content:encoded><![CDATA[<p>But that&#8217;s true of any voluntary organization of people that exists to provide an economic good. If two lawyers enter into a partnership together and have an agreed fee structure that each will charge, aren&#8217;t they essentially creating an artificial scarcity in the market they&#8217;re in ?</p>
<p>In other words, what you say may be true but does it really matter ? Labor unions only truly became a menace when they got the power of the state behind them in the form of closed shop laws which required mandatory membership in the union. Leaving that out of the picture, if the workers at a particular factory all want to band together for the purpose of bargaining as a group with their employer, I don&#8217;t see anything wrong with that from a libertarian perspective. </p>
<p>I know you&#8217;re not suggesting that people should be forbidden by law from entering into these types of arrangements, but given that I am not sure what the significance of this point really is.</p>
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		<title>By: Eric</title>
		<link>http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-574</link>
		<dc:creator>Eric</dc:creator>
		<pubDate>Fri, 17 Feb 2006 19:28:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-574</guid>
		<description>From a purely economic perspective, whether it was 100 years ago, or currently, the purpose of a labor union is to create artificial economic scarcity in a labor market. Essentially, labor unions and large companies exist for the same purpose, to manipulate the resource scarcity in the market they are in.</description>
		<content:encoded><![CDATA[<p>From a purely economic perspective, whether it was 100 years ago, or currently, the purpose of a labor union is to create artificial economic scarcity in a labor market. Essentially, labor unions and large companies exist for the same purpose, to manipulate the resource scarcity in the market they are in.</p>
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		<title>By: Doug</title>
		<link>http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-568</link>
		<dc:creator>Doug</dc:creator>
		<pubDate>Fri, 17 Feb 2006 17:01:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-568</guid>
		<description>Eric,

As they exist, I think that labor unions served a purpose at one time. I certainly have no objection to workers voluntarily joining together in a union, the problem comes when membership in the union is made mandatory. 

From an economic point of view, though, I think its pretty clear that today unions are doing more harm than good.</description>
		<content:encoded><![CDATA[<p>Eric,</p>
<p>As they exist, I think that labor unions served a purpose at one time. I certainly have no objection to workers voluntarily joining together in a union, the problem comes when membership in the union is made mandatory. </p>
<p>From an economic point of view, though, I think its pretty clear that today unions are doing more harm than good.</p>
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		<title>By: Eric</title>
		<link>http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-567</link>
		<dc:creator>Eric</dc:creator>
		<pubDate>Fri, 17 Feb 2006 14:43:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-567</guid>
		<description>Doug, do you think labor unions are a bad thing and oppose them, in general?</description>
		<content:encoded><![CDATA[<p>Doug, do you think labor unions are a bad thing and oppose them, in general?</p>
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		<title>By: Kay</title>
		<link>http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-566</link>
		<dc:creator>Kay</dc:creator>
		<pubDate>Fri, 17 Feb 2006 12:05:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-566</guid>
		<description>I see what you&#039;re saying, Eric, which is basically &quot;power corrupts&quot;.  And I would agree - it is generally true, and it has corrupted Microsoft.  But they don&#039;t have absolute power - so the second part of that old saying doesn&#039;t fit (absolute power corrupts absolutely) and would only be true should all of us who use computers turn to them as the only source for our software.  I still see MS as ultimately falling greatly - sooner rather than later.</description>
		<content:encoded><![CDATA[<p>I see what you&#8217;re saying, Eric, which is basically &#8220;power corrupts&#8221;.  And I would agree &#8211; it is generally true, and it has corrupted Microsoft.  But they don&#8217;t have absolute power &#8211; so the second part of that old saying doesn&#8217;t fit (absolute power corrupts absolutely) and would only be true should all of us who use computers turn to them as the only source for our software.  I still see MS as ultimately falling greatly &#8211; sooner rather than later.</p>
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		<title>By: Doug</title>
		<link>http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-564</link>
		<dc:creator>Doug</dc:creator>
		<pubDate>Fri, 17 Feb 2006 05:44:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-564</guid>
		<description>Eric,

There is a distinct difference between concentrations of power in the public and private sector, and that difference is that the public sector has the power to infringe liberty to a far greater extent than the private sector does. 

I still haven&#039;t seen any argument that convinces me that Microsoft, or any other company similar to it, has violated my rights as an individual as they are understood from a classical liberal/libertarian point of view.</description>
		<content:encoded><![CDATA[<p>Eric,</p>
<p>There is a distinct difference between concentrations of power in the public and private sector, and that difference is that the public sector has the power to infringe liberty to a far greater extent than the private sector does. </p>
<p>I still haven&#8217;t seen any argument that convinces me that Microsoft, or any other company similar to it, has violated my rights as an individual as they are understood from a classical liberal/libertarian point of view.</p>
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		<title>By: Eric</title>
		<link>http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-563</link>
		<dc:creator>Eric</dc:creator>
		<pubDate>Fri, 17 Feb 2006 04:33:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-563</guid>
		<description>Wait a second. There is a difference between the actual creation and the laws that protect it. The laws that protect are, in my opinion, used to create monopolies and artificial scarcity. The creation itself is, however, my property. It&#039;s my choice what I do with it. 

Guys, to say otherwise is to contradict yourself. You can&#039;t claim that MS may do as they please with their products but then claim that someone else cannot do as they please with their product. Ultimately, all wealth is the result of intellectual creativity. That creativity is my property and no one else&#039;s. I may choose to hoard it away or share it freely. This has nothing to do with the laws that Disney and Sony have worked so hard to get passed to enable their monopolies (oh yeah, I forgot, Microsoft was part of that effort). 

The thing that is frustrating to me is that I really see no distinction between a concentration of power just because it is elected or created by some other means. Concentrations of power are dangerous, are used to maintain and increase power and lead to abuse of power. The entire point of the American Constitution was to break apart and set against each other concentrations of power in order to try and avoid the abuses while still allowing sufficient power to exist to accomplish something. Now folks who believe in that philosophy are saying that inordinate power concentrated in one group&#039;s hands is okay and the abuses that stem from it are okay so long as they aren&#039;t &quot;the government&quot;. What&#039;s the difference?</description>
		<content:encoded><![CDATA[<p>Wait a second. There is a difference between the actual creation and the laws that protect it. The laws that protect are, in my opinion, used to create monopolies and artificial scarcity. The creation itself is, however, my property. It&#8217;s my choice what I do with it. </p>
<p>Guys, to say otherwise is to contradict yourself. You can&#8217;t claim that MS may do as they please with their products but then claim that someone else cannot do as they please with their product. Ultimately, all wealth is the result of intellectual creativity. That creativity is my property and no one else&#8217;s. I may choose to hoard it away or share it freely. This has nothing to do with the laws that Disney and Sony have worked so hard to get passed to enable their monopolies (oh yeah, I forgot, Microsoft was part of that effort). </p>
<p>The thing that is frustrating to me is that I really see no distinction between a concentration of power just because it is elected or created by some other means. Concentrations of power are dangerous, are used to maintain and increase power and lead to abuse of power. The entire point of the American Constitution was to break apart and set against each other concentrations of power in order to try and avoid the abuses while still allowing sufficient power to exist to accomplish something. Now folks who believe in that philosophy are saying that inordinate power concentrated in one group&#8217;s hands is okay and the abuses that stem from it are okay so long as they aren&#8217;t &#8220;the government&#8221;. What&#8217;s the difference?</p>
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		<title>By: Kay</title>
		<link>http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-561</link>
		<dc:creator>Kay</dc:creator>
		<pubDate>Fri, 17 Feb 2006 01:08:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-561</guid>
		<description>&quot;The copyright laws, for example, give artists far more control over the disposition of their work than they would ever be able to enforce via private contracts.&quot;

Yeah that.  I&#039;ve been struggling with the intellectual property thing for quite a while as well - frankly, I have a *little* talent in a few things, but I also have very little ego - believing that imitation is the sincerest form of flattery.  I have friends and acquaintances who are much more talented - some who are very willing to help and share, and others who are very closed with their works and don&#039;t want anyone to copy them at all.  I can see both sides of those issues - but tend to come down on the side of the idea that there is truly nothing new under the sun - and while you may have a unique and original idea in your realm, somewhere, somebody outside your sphere of influence has done something *exactly* like what you&#039;re trying so hard to protect.  Whew.  Did that make any sense?</description>
		<content:encoded><![CDATA[<p>&#8220;The copyright laws, for example, give artists far more control over the disposition of their work than they would ever be able to enforce via private contracts.&#8221;</p>
<p>Yeah that.  I&#8217;ve been struggling with the intellectual property thing for quite a while as well &#8211; frankly, I have a *little* talent in a few things, but I also have very little ego &#8211; believing that imitation is the sincerest form of flattery.  I have friends and acquaintances who are much more talented &#8211; some who are very willing to help and share, and others who are very closed with their works and don&#8217;t want anyone to copy them at all.  I can see both sides of those issues &#8211; but tend to come down on the side of the idea that there is truly nothing new under the sun &#8211; and while you may have a unique and original idea in your realm, somewhere, somebody outside your sphere of influence has done something *exactly* like what you&#8217;re trying so hard to protect.  Whew.  Did that make any sense?</p>
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		<title>By: Doug</title>
		<link>http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-552</link>
		<dc:creator>Doug</dc:creator>
		<pubDate>Thu, 16 Feb 2006 22:13:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-552</guid>
		<description>Well, it depends on what Microsoft was threatening to do. Threatening to do something that you have the right to do (like not sell your products to someone) isn&#039;t illegal or immoral.

I used to think about intellectual property the same way you do, but now I&#039;m not so sure. The copyright laws, for example, give arists far more control over the disposition of their work than they would ever be able to enforce via private contracts. 

Additionally, patents are the ultimate government-sanctioned monopoly. If you believe in the free market, I think its hard to justify a law that gives someone the exclusive right to produce a product for 17 years.</description>
		<content:encoded><![CDATA[<p>Well, it depends on what Microsoft was threatening to do. Threatening to do something that you have the right to do (like not sell your products to someone) isn&#8217;t illegal or immoral.</p>
<p>I used to think about intellectual property the same way you do, but now I&#8217;m not so sure. The copyright laws, for example, give arists far more control over the disposition of their work than they would ever be able to enforce via private contracts. </p>
<p>Additionally, patents are the ultimate government-sanctioned monopoly. If you believe in the free market, I think its hard to justify a law that gives someone the exclusive right to produce a product for 17 years.</p>
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		<title>By: Eric</title>
		<link>http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-549</link>
		<dc:creator>Eric</dc:creator>
		<pubDate>Thu, 16 Feb 2006 21:24:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelibertypapers.org/2006/02/16/does-microsoft-violate-your-rights/#comment-549</guid>
		<description>It is illegal and immoral when you threaten them with collusion, when you steal their property to avoid the issue, when you actively change their property in violation of your contract with them, and much more. Theft of intellectual property is theft of property, regardless of patents and copyrights. If I have created a book and tell you that you cannot use my original words without my permission, if you do so it&#039;s theft. To view it otherwise is to hold that my creativity is not my property. All a patent or copyright does is memorialize property rights in a fashion that is enforceable within our social construct. 

Do you know that MS blatantly stole another company&#039;s compression technology, put it in MS-DOS and pretended that it was their own? In the course of that, they destroyed that other company. Or that they modified Sun&#039;s Java VM technology, in violation of their contract with Sun? Did you know that there is ample evidence that Microsoft threatened to use similar tactics against Dell when Dell began offering PC&#039;s without Windows pre-loaded? Not just said they would pull their contract, but threatened them with attacks against their property and ability to compete. 

I still cannot understand how you can justify supporting a company that is, and has been for decades, willing to steal someone else&#039;s property to improve their market position.</description>
		<content:encoded><![CDATA[<p>It is illegal and immoral when you threaten them with collusion, when you steal their property to avoid the issue, when you actively change their property in violation of your contract with them, and much more. Theft of intellectual property is theft of property, regardless of patents and copyrights. If I have created a book and tell you that you cannot use my original words without my permission, if you do so it&#8217;s theft. To view it otherwise is to hold that my creativity is not my property. All a patent or copyright does is memorialize property rights in a fashion that is enforceable within our social construct. </p>
<p>Do you know that MS blatantly stole another company&#8217;s compression technology, put it in MS-DOS and pretended that it was their own? In the course of that, they destroyed that other company. Or that they modified Sun&#8217;s Java VM technology, in violation of their contract with Sun? Did you know that there is ample evidence that Microsoft threatened to use similar tactics against Dell when Dell began offering PC&#8217;s without Windows pre-loaded? Not just said they would pull their contract, but threatened them with attacks against their property and ability to compete. </p>
<p>I still cannot understand how you can justify supporting a company that is, and has been for decades, willing to steal someone else&#8217;s property to improve their market position.</p>
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