Bill Gates

Because the actual antitrust laws are a super different thing than, ooh, does this feel anti-competitive in some way to me?

Because the actual antitrust laws are a super different thing than, ooh, does this feel anti-competitive in some way to me?

Well, David, now you're cracking open the issue of consumer harm, the consumer welfare standard that the whole thing is based on. So take us into the story.

Well, David, now you're cracking open the issue of consumer harm, the consumer welfare standard that the whole thing is based on. So take us into the story.

This centered on the notion of per-processor licensing, which we discussed in our last Microsoft episode.

This centered on the notion of per-processor licensing, which we discussed in our last Microsoft episode.

Yep. Because theoretically, they could have examined any monopolistic practice at this point. And they said, just the one narrow thing that we were worried about, they agreed to stop doing. And we, in voting 2-2, we see no other issues that we need to investigate.

Yep. Because theoretically, they could have examined any monopolistic practice at this point. And they said, just the one narrow thing that we were worried about, they agreed to stop doing. And we, in voting 2-2, we see no other issues that we need to investigate.

Yeah, theoretically, double jeopardy is not a thing.

Yeah, theoretically, double jeopardy is not a thing.

Exactly. And this is so messy because I think, David, you just used the exact language, which is they cannot tie these application products in a bundled sale. However, they absolutely can integrate new features. Yes.

Exactly. And this is so messy because I think, David, you just used the exact language, which is they cannot tie these application products in a bundled sale. However, they absolutely can integrate new features. Yes.

And this also looks the other way at the whole idea of software development and platforms, which is it is a continuously changing landscape where over time, in the interest of users, platforms do more and more and more things that applications used to do.

And this also looks the other way at the whole idea of software development and platforms, which is it is a continuously changing landscape where over time, in the interest of users, platforms do more and more and more things that applications used to do.

And so the whole notion that they're going to write that sentence and then call it good, what is an application today might be a feature years down the line, but the law is written and we have to pay attention to that sentence constantly re-evaluated in the context of the current time.

And so the whole notion that they're going to write that sentence and then call it good, what is an application today might be a feature years down the line, but the law is written and we have to pay attention to that sentence constantly re-evaluated in the context of the current time.

Well, is it a feature? It's actually, it's literally an application. It is a bundled application as it exists today. So this is the gray area.

Well, is it a feature? It's actually, it's literally an application. It is a bundled application as it exists today. So this is the gray area.

clearly motivated by the idea that we want our windows platform to maintain the power it enjoys from its monopoly market share so there's a sympathetic view for sure of hey this is core functionality to an operating system whether it's a feature or an application that we bundle and also clearly the reason you are incentivized to ship your own browser is to cut off the air supply of potential competitors that develop the platform of the future yes

clearly motivated by the idea that we want our windows platform to maintain the power it enjoys from its monopoly market share so there's a sympathetic view for sure of hey this is core functionality to an operating system whether it's a feature or an application that we bundle and also clearly the reason you are incentivized to ship your own browser is to cut off the air supply of potential competitors that develop the platform of the future yes