copyright vs. antitrust

Microsoft lawyers raised an interesting point in the oral summations today before Judge Jackson in the antitrust trial. See
http://www.washingtonpost.com/wp-dyn/articles/A17899-2000Feb22.html

  ...
  Jackson ... threw cold water on another of Microsoft's   key defenses -- that its contracts with computer makers   placing certain restrictions on their handling of Windows   and the browser were legal because of U.S. copyright law.

"We don't claim that the copyright laws trump the antitrust
  laws," Warden [Microsoft lawyer] said, "but the antitrust   laws also don't trump the copyright laws."   

  Said Jackson: "I'm not so sure about that."   

  Jackson repeatedly came back to the copyright defense   and near the end of the arguments finally told Warden,
"Copyright does not protect the conduct with which your
  client is charged."

A recent Slashdot discussion (of a 1980 interview with Bill Gates by "80 Micro" magazine) gave similar evidence that Microsoft sees copyright as nothing more than another way to protect trade secrets and competitive advantage. Perhaps the trial will result in some better thinking about the basis for copyright in our law.

-- 
"Eric"  Eric Eldred  Eldritch Press
mailto:Eldred[_at_]EldritchPress.org
http://www.eldritchpress.org/EricEldred.vcf