MS seeks to keep OEM policy confidential

The US government is expected to finish presenting its argument this week over Microsoft's business practices with a hearing about the software giant's OEM pricing data which could be held in a closed court room.

Microsoft will spend the first order of the day arguing that while its OEM policy would be discussed, it would like to keep the information confidential.

However, in the region of 10 media organisations have protested and asked for the documents to be made available.

Monopolists have to play by different rules than other companies, claimed a witness for the Department of Justice (DoJ) in its ongoing trial with Microsoft last week. Franklin Fisher, an economist from the Massachusetts Institute of Technology, warned of the consequences of a firm in a monopoly position abusing its position.

'A monopolist has to restrict the acts it can engage in because of the possible anti-competitive consequences,' he stated while under cross examination by Microsoft attorney Michael Lacovara.

Microsoft has argued that its business practices are no different from those used by other IT companies and that the dominance of its Windows OS does not amount to a monopoly, because it does not preclude other firms from developing competing operating systems.

'If Henry Ford had a monopoly we'd all be driving black cars,' Fisher added. 'That's not what competition is about. That's not what helping consumers is about.'

Lacovara attempted to suggest that Fisher had become 'agitated' and asked the witness if he needed to take a break, which he declined, although he admitted to having strong feelings on the issue.

'We're going to live in a Microsoft world,' he said. 'It might be a nice world, but it's not a world that is competition driven.'

By giving its internet browser software away for free, Microsoft was committing a predatory act to protect its Windows monopoly, Fisher argued.