The most effective remedy in this case would be both simple and fair: Put Windows NT 4.0 and Windows 98 (object code only--not source) into the public domain.
This remedy would not prevent Microsoft from innovating. The company could create (and bundle) any combination of products it chose. It would have to compete on price with the free version of NT (businesses) or 98 (personal), so consumers would be guaranteed competitive pricing.
This remedy would not directly benefit competitors. They can still sue individually for actual and punitive damages.
This remedy would effectively compensate the consumers who have paid excessive prices to date for Microsoft software without costing Microsoft anything out of pocket. The $30 billion they have banked over and above their operating costs should be compensation enough for the several billion they invested in developing those products.
This remedy would eliminate Microsoft's ability to force users through the OEM channel to upgrade when Microsoft ships a new version of the operating system or Office. A stable NT 4.0 platform would allow competitors to compete with Office on price and features.
Microsoft's .Net initiative would succeed or fail on merit rather than on the marketplace perception of inevitability.
The effect on Microsoft's business practices would be immediate and last for at least several years. That would give competitors and consumers time to wean themselves from dependency on Microsoft's platform.
It would also provide sweet irony as a punishment--Microsoft would be forced to compete with the very monster it created.
Mark Holder
Product Engineer
Applied Technology Solutions Inc.
