Free research papers
Good Topics To Write A Research Paper On 1800S Us History
Thursday, August 27, 2020
Essay plan for hazards in geography Essays
Exposition plan for risks in geology Essays Article plan for dangers in geology Essay Article plan for risks in topography Essay Quickly answer the inquiry posed: Why do comparable sorts of risks have deferent Impacts in deferent spots? Discussion about the hazard weakness quadrant. Discussion about the hazard condition and how it will connect to the inquiry. Pl : Point: Economic circumstance of the nation influenced by the catastrophe Lots of cash = better wellbeing cares to treat influenced individuals. Minimal expenditure = minimal spent to reconstruct, plan, get ready, foresee perils so Impact Is more noteworthy. Clarify: If they have more cash than they can spend it on modifying the Infrastructure and making It progressively safe o future catastrophes. They could spend more cash on estimate gear to ensure that the regular danger doesnt become a calamity. Proof: Central California (2003) have High hazard and high security contrasted with Bam, Iran (2003) who have High hazard and low security. UP: Point: Population Density heaps of individuals strain on crisis administrations and different offices prompting more misfortunes. Inadequately populated regions have too scarcely any individuals for the peril to be noted as a catastrophe. Less effect on an overall scale. Clarify: If here are many individuals in the territory that the catastrophe has struck then more individuals will be harmed or murdered in this way more pressure is on the crisis benefits subsequently more demise. It is likewise going to be worldwide if more individuals kicked the bucket thus more nations should be associated with helping the nation to guarantee that negligible harm was caused. Proof: Japan 2011 and Haiti 2010 Point: The period in time wherein the risk happened. For instance a volcanic ejection presently would be less extreme than an emission of a similar force that happened numerous prior decades hand. This is on the grounds that progresses in innovation have permitted us to design and foresee dangers in a substantially more compelling manner Explain: Before innovation was created people couldn't anticipate when perils could come and how serious they will be so in the past the risks were an astonishment to individuals thus needed more an ideal opportunity to clear hence there were more wounds and passings. Proof: China 1 976 8. 3 extent dead, Chili 2014 8. 2 extent 6 dead. End: Overall Leeds are increasingly influenced In comparative sorts of risks contrasted with Medics. Extend Essay plan for risks in topography By libs Briefly answer the inquiry posed: Why do comparable sorts of risks have various effects in better places? Discussion about the hazard weakness quadrant. Plan, get ready, foresee dangers so sway is more noteworthy. Clarify: If they have more cash than they can spend it on modifying the foundation and making it progressively safe Point: Population Density bunches of individuals = strain on crisis administrations and other China 1976 8. 3 greatness dead, Chili 2014 8. 2 greatness 6 dead. By and large Leads are increasingly influenced in comparative sorts of risks contrasted with Medics.
Saturday, August 22, 2020
Banning Te Novel Huck Finn From School Reading Lis Essays
Prohibiting Te Novel Huck Finn From School Reading Lis Essays Prohibiting Te Novel Huck Finn From School Reading Lists Prohibiting te novel Huck Finn from school understanding records My exposition manages forbidding the novel Adventures of Huckleberry Finn from secondary school understanding records, and why this conduct is improper. In particular, it tends to the accompanying inquiry: Feature writer James J. Kilpatrick composed that Huck Finn is a pleasant book for white young men to peruse For dark youngsters, I have come to acknowledge, it is a fierce insult. He censures the book on account of its utilization of the word nigger. Many school areas have restricted this book for a similar explanation. What are your perspectives regarding this matter? Since the Civil War, prejudice has been a sensitive issue with the American open. Though a few people have attempted to violate this issue, imagining that race no longer assumes a huge job in our nation, others despite everything accept that there are not kidding racial issues in the United States. I am one these individuals. In any case, in contrast to a few, I don't accept this issue can be fathomed by staying away from or glossing over the issue of race, as James L. Kilpatrick and a few schools have all the earmarks of being doing. In the novel Adventures of Huckleberry Finn Mark Twain presents an undertaking story loaded up with more profound implications and questionable points, two specifically being servitude and bigotry. In spite of the utilization of the word nigger and the cliché depiction of African Americans, I don't think schools have any support in prohibiting this book from understanding records. Imprint Twain composed Huck Finn during the Reconstruction time frame in the south, when most Americans needed to overlook the organization of servitude and its results. In any case, Twain set the timespan of this novel before the Civil War when subjection was at its pinnacle. Along these lines, the supremacist sees he remembered for the book reflected the perspectives of most southerners during this time. Those that state that Huck Finn is unseemly to be perused in schools are basically saying that a part of United States history ought not be instructed in the study hall. Despite the fact that subjugation was one of the most terrible periods in our nations history, to ensure nothing of its bore ever happens again, we should ensure each secondary school understudy knows about the consequences of such practices. By forbidding a significant work in U.S. history, these schools are disregarding the racial assumptions of this timespan essentially in light of the fact that the language in Huck Finn may not be proper. Also, perusing this novel ideally summons in individuals a feeling of disgrace for the missteps of our precursors. Despite the fact that the books language may irritate a few, it is Africans Americans and Caucasians the same who are outraged. No one gets a kick out of the chance to take a gander at the word nigger nor hear it utilized, in any case, we should acknowledge that this word was one after another thought about suitable language. Perusing the novel, I was rebuffed by this word and my stomach beat as I read about the numbness and loathe put away inside the hearts of characters. Be that as it may, I appreciated perusing this novel and increased another viewpoint of life before the Civil War. I believe that when schools forbid the novel Huck Finn from their educational plan that they are basically bombing their understudies. Huck Finn is a magnificent bit of writing, rich with history, depiction, and interesting points of view. By not permitting this book to be perused in schoo ls resembles closing understudies out from an important learning experience. Indeed, they can in any case read the novel in their extra time, however they are not managed the benefit to examine this book straightforwardly in class or addition new viewpoints into its importance. Also, when African Americans will not peruse this novel they are denying themselves of an encountering a splendid bit of writing. I imagine that until you have a go at something, you cannot assault it, or probably you are demonstrating your obliviousness and obstinate nature. Twain didn't compose this novel to deprecate the African American race or to advance the establishment of bondage. Twain composed this novel to delineate life in the South before the Civil War. Alongside this portrayal are the predisposition and supremacist mentalities predominant in South at
The Fault in Our Stars
Our lives are a lot of building squares, and we generally long to be seen as high rises. Be that as it may, not every person has this capacity. Individuals have flaws, and unfortunately, it can arrive at where those destroying balls intercede. Furthermore, what was at one time a lot of building squares is no more. A few people have it harder than others. Individuals live with malignancy, dangerous sicknesses that could destroy their lives. The Fault in Our Stars is a story for the most part about the life of a young lady named Hazel who goes gaga for an individual named Augustus.The issue is, that her and two other primary characters in the story, Augustus and Isaac, need to live their lives engaging disease, which truly controls their ââ¬Å"ordinaryâ⬠lives. It is about the battle (blames) that accompanies managing malignant growth, and how they attempt to conquer these hindrances. Now and then they succeed, and here and there they don't. John Green titled his novel The Fault In Our Stars on the grounds that the stars are the structure hinders (a people life), and the flaw in those stars is what is keeping those structure obstructs from turning out to be high rises, the unleashing ball (cancer).There are numerous noteworthy subjects all through the novel that associate to the title. The battles in existence with malignant growth, how love triumphs through hardship, and adapting to the passing of a friend or family member. These subjects identify with the title as well as represent what this story is extremely about. Sets of building hinders that are gradually separated, to where they are crushed totally purchase the destroying ball, both truly and intellectually. Disease is something that it difficult to live with, and it creates various misfortunes in life.The three principle characters in this story, Hazel, Augustus, and Isaac live their lives engaging malignancy. They meet various snags each day, and the battle is managing those obstructions. Hazel ba ttles with lung malignancy, and consistently she strolls around with oxygen tank to enable her lungs to work. Once her malignant growth caused significant damage when she woke up in the center of the night at around four toward the beginning of the day with a prophetically calamitous agony in the focal point of her cerebrum. She woke her folks and was taken to the ICU. Hazel was taken out, and they saved her.When she woke up toward the beginning of the day her folks clarified everything that had happened to her. ââ¬Å"Mom and Dad disclosed to me that I didn't have a mind tumor, yet that my cerebral pain was brought about by poor oxygenation, which was brought about by my lungs swimming in liquid, a liter and a half(!!!! ) of which had been effectively depleted from my chest, which was the reason I may feel a slight inconvenience in my side, where there was, hello take a gander at that, a cylinder that went from my chest into a plastic bladder half loaded with fluid that for all the world looked like my Dadââ¬â¢s most loved golden ale.My mother disclosed to me that I was returning home, that I truly was, and that I would need to get this depleted occasionally and get back on the BiPAP, this evening time machine that powers air all through my lungs. â⬠(107) Hazelââ¬â¢s overexertion was extremely hard on her and the remainder of her family. Presently she needs to get her lungs depleted now and then and she is likewise on BiPAP. As I would like to think this was something beyond a battle, this was a bad dream. A bad dream spearheaded directly from her malignancy, and it is simply horrendous. Augustus had carried on with an exceptionally unbending existence with cancer.At the time that he met Hazel, he was malignant growth free with a removed leg. At the point when Augustus and Hazel went to the air terminal to go on their excursion to Amsterdam, Augustus took long to get to the plane when he said that he would go get food and return. He told Hazel and her mother that the line at McDonaldââ¬â¢s was truly long yet reality came out when he was perched on the plane close to Hazel. ââ¬Å"Listen, sorry I dodged the entryway territory. The McDonaldââ¬â¢s line wasnââ¬â¢t actually that long; I justâ⬠¦. I just didnââ¬â¢t need to stay there with each one of those individuals taking a gander at us or whatever.â⬠(145, 146)Here Augustusââ¬â¢s battle with malignant growth is the looks that individuals would give him, looks that were simply too difficult to even think about fathoming. He didnââ¬â¢t need to get those looks. It pestered him. Augustus didn't care for individuals seeing him like there was a major issue with him. It was simply humiliating. Isaac was Augustusââ¬â¢s companion that acquainted him with Hazel. Isaac and Hazel went to help bunch together. Isaac experienced eye malignancy, and he would get a medical procedure that would kill himself of his disease. The issue was that this medical procedure wo uld take his sight.This was a gigantic hindrance that malignancy has set for him and he needs to adapt to the battle of loosing his sight. In any case, something surprisingly more dreadful happened to Isaac when he enlightened his better half concerning the news (that he would have been visually impaired). His better half quit seeing him and it broke Isaacs heart. She was his genuine affection and they said they would consistently be together, yet she was unable to take it any longer. ââ¬Å"She said she canââ¬â¢t handle it. Iââ¬â¢m going to lose my vision and she canââ¬â¢t handle it. â⬠(60) his sight would have been abhorred was to free his cancer.Meaning that the malignant growth was the reason for him loosing his sight, starting the lose of his genuine affection. This was Isaacââ¬â¢s immense battle in existence with malignancy. Loosing the adoration for his life. The subject of battles in existence with malignant growth identifies with the title on the grounds t hat these battles from disease are the issues (battles) that are in the stars, what is keeping the structure hinders from turning out to be high rises, which is started by the destroying ball (malignant growth). Malignant growth is a lethal infection that builds numerous issues in life.According to the affection that was shared among Hazel and Augustus, no issue or ââ¬Å"faultâ⬠could ever cease the adoration that these two had for one another. Augustus indicated hazel that there is a whole other world to life than remaining at home and letting malignant growth devour you. It didn't take long for them to begin to look all starry eyed at. Together they were unparalleled and they could let nothing cut them down. The two of them experienced thorough ways, yet together, their cherished directed themselves out of that hardship, and to wellbeing. When Hazel was taken to the emergency clinic as a result of her overexertion the medical attendant educated her about Augustus.ââ¬Å"Youà ¢â¬â¢re not going to get some information about your beau? â⬠she inquired. ââ¬Å"Donââ¬â¢t have one,â⬠I advised her. ââ¬Å"Well thereââ¬â¢s a child who has scarcely left the sitting area since you got here,â⬠she said. ââ¬Å"He hasnââ¬â¢t seen me like this, has he? â⬠ââ¬Å"No Family as it were. â⬠(108) Even however it was exceptionally difficult to see Hazel in that bother of distress, Augustus went on the grounds that he cherished her. He didn't let hardship end his adoration for hazel. He would not let anything prevent him from seeing her. At the point when Augustus Osteosarcoma returned, he went to purchase a pack of cigarettes in the night, and something turned out badly with his G-tube. He advised Hazel to come and assist him with fixing it.She removed her BiPAP, appended herself to an oxygen tank and went to help him before it was past the point of no return. At the point when she saw him Augustus was in the drivers seat of his vehicl e shrouded in his own regurgitation. ââ¬Å"Oh, G-d, Augustus, we need to get you to an emergency clinic. â⬠I choked from the smell however twisted forward to review the spot over his tummy button where theyââ¬â¢d carefully introduced the cylinder. The skin of his midsection was warm and brilliant red. ââ¬Å"Gus, I love you. â⬠(244-245). Hazel adored Augustus so much that she removed her BiPAP, and left without anyone else with her oxygen tank to help Augustus in his critical time of need.She didn't let this ââ¬Å"faultâ⬠cut down her spirits and she did what ever she could to keep him alive. She spared his life and on the off chance that she didn't go there to support him (and call 911) Augustus would not have made it. Their adoration triumphs through hardship, that is the manner by which incredible their affection is. This topic identifies with the title on the grounds that the affection is the thing that keeps those stars or building squares (people groups l ives) fully operational and they wont let the flaw (hardship) hinder the adoration. Love isnââ¬â¢t something that can be wanted for, you must have that click.The click among Hazel and Augustus was solid to the point that they would not let anything get into the way. Toward the finish of the book Hazel is compelled to adapt to the demise of her unparalleled perfect partner, Augustus. Hazel was crushed. She cherished him to such an extent. At his memorial service, she went up to Augustusââ¬â¢s final resting place to state her last farewell. ââ¬Å"I love you present tense,â⬠I murmured, and afterward put my hand on the center of his chest and stated, ââ¬Å"Itââ¬â¢s alright, Gus. Itââ¬â¢s alright. It is. Itââ¬â¢s OK, you hear me? â⬠I had-and have-positively no certainty that he could here me. I inclined forward and kissed him on the cheek. ââ¬Å"Okay,â⬠I said. ââ¬Å"Okay.â⬠(270)Hazel has been making a decent attempt not to let it get to her (the torment), and she doesn't need Augustus to be frantic that he passed on her. That is the reason Hazel says its alright, to advise Augustus and make herself realize that she can live through this. The subject of adapting to the passing of a friend or family member identifies with the title of this novel since adapting to the demise of a friend or family member is another issue (battle) that was in the stars that was started from death by malignant growth. Osteosarcoma was the unleashing ball that annihilated Augustusââ¬â¢s building squares and Augustusââ¬â¢s passing was the unleashing ball that harmed Hazelââ¬â¢s building blocks.There are numerous snags throughout everyday life, and we generally attempt to beat them. A few people have it harder than others. A few people are compelled to live their lives fighting malignant growth. That is the thing that The Fault in Our Stars is about, the weight of living as an alternate individual with new issues ordinary. Every so often w ill be superior to other people, and a few days will be more awful. Itââ¬â¢s an endless crazy ride. Sure there will be times where
Friday, August 21, 2020
ROMANITC LOVE TOPIC IN BOTH RENAISSANCE LIERATURE AND MUSIC Essay
ROMANITC LOVE TOPIC IN BOTH RENAISSANCE LIERATURE AND MUSIC - Essay Example This has risen above to madrigal artists who initially just sang common music however in the end accepting sentimental love as a major aspect of their music collection. Hence madrigal vocalists took a turn with renaissance works as they started singing adoration tunes from the customary sing of acclaim. The most conceivable explanation that be found is to this is renaissance pieces fit the all around made organization of madrigals also that the loftiness of the subject of adoration approaches the loftiness of Praise. Not at all like a regular artist which we know today, madrigals are commonly made out of a few people made out of four vocal parts â⬠the soprano, alto, tenor and the pass. Soprano and alto are commonly sung by ladies because of its high pitch while the tenor and bass are generally sung by men. A madrigal vocalist endeavors to communicate forceful feeling contained in an all around made line out of which a praised work makes an ideal fit. Madrigals can likewise be said as the most elevated type of music that normally bids just to the developed and the scholarly because of the modernity of its medium. It follows then that the words articulated by a madrigal music should likewise be equivalent to its structure and what better lines can be sung by a madrigal than the deliberate meter of a work. Madrigals were customarily sang for common purposes yet in the end advanced to likewise sing commended love works of renaissance writing because of the loftiness of its words and reason that equivalent to an acclaim. Its exceptionally organized singing had intercourse pieces an ideal for the vehicle of a madrigal in this manner speaking to the modern crowd. Today in any case, madrigal has advanced further. It despite everything sing love tunes however no longer limit itself to the pieces of renaissance writing yet the works of the renaissance writing set the bar of the verses that can be sang by
Tips For Writing Essays With the Sample of Essay Introductions
Tips For Writing Essays With the Sample of Essay IntroductionsExposing your weaknesses, getting an assignment over with quickly and reminding the examiner of the most important points in the essay samples of essay introductions can take a little time and planning. The best way to do these three things is to organize yourself as best you can. There are some tips to help you organize yourself and put together the essay samples of essay introductions that you will need.First, you will want to have the ideas, time lines and details straight in your head. Make a list of all of the topics you are going to cover for this essay sample, including the thesis statement and topic, the main body, supporting details and examples. At this point you want to move on to writing the outline for the essay.The outline of the essays, along with many other types of materials is a common essay format that any college student is likely to encounter when they are preparing for a college essay. It gives you th e outline of what the essay will contain and helps to make your sentences shorter and more organized. It also includes things like a schedule of events, your use of dialogue and action words, and your purpose for writing the essay.To help you make sure you are well organized for the samples of essay introductions, you can check out a calendar to see how you are doing. A calendar is a great way to record dates and events so you know how your assignments are progressing. These types of calendars can be found at many libraries and a lot of bookstores and are easy to use. You just get to input the date and then print out your progress.Writing is not easy, especially if you don't plan ahead. Writing a schedule of what you should be doing can be really helpful when you know what to expect from the assignments. You can start by writing down the important dates, such as when you need to submit a paper, the deadline, and how long it will take you to complete the assignments.Knowing what you need to do and how long it will take you to get them done will help you start planning your work flow and keeping track of the time you spend writing each assignment. Write down some of the topics you would like to cover, whether it is a personal essay or a university essay, or even a technical or career essay. If you are writing a technical article, you might consider something more relevant to your career.Writing the outline is a good place to get your bearings. It will show you where you need to get to in order to get to the main point of the essay, and make sure you are writing from a factual and organized perspective. You may want to try to write an outline first in order to get you going, before you start writing.Learning how to organize your thoughts and the way you communicate them will pay off in the end. Knowing what to do and how long it will take you to get to the main point will help you keep organized and find time to write your essay samples. When you are ready to get started, start with a plan and you will have a much easier time with it.
Saturday, June 27, 2020
Basic Literary Terms Definition And Examples
You are probably here because you need to write a literary analysis essay for your Literature class. A literary analysis requires you to break down the story into its different elements and analyze what they mean. The goal of a literary analysis is to help you better understand what the writer is trying to convey. Whether you are analyzing a novel or a poem or a play, you need to know the basic literary terms and what they mean.PlotThe plot is the arrangement of events in a story. These series of events comprise the beginning, middle, and end. More specifically, the parts are exposition, rising action, climax, falling action, and denouement.Exposition where the important parts of the story are introduced to the reader, such as the setting and the characters.Rising action where the problem or the conflict of the story is revealed or starts to happen. This leads to the climax.Climax where the conflict of the story takes place. It also serves as the turning point for the characters.F alling action where the conflict is resolved.Dnouement not to be confused with the falling action, the conclusion of the story or where the outcome of the resolution is implied, if not shown.ForeshadowingThisliterary term is an integral part of the plot as this is how the author gives clues to the reader about what will happen in the story.ConflictAs mentioned earlier, the conflict takes place in the climax of the story. The conflict is the problem faced by the characters in the story or the struggle between two characters or two opposing forces. The conflict is one of the most commonly used literary term because it is central to the storys meaning and theme.Point of viewThe point of view is the way in which the author tells the story. Depending on the authors intentions, he or she may opt to tell the story through one of the following:First person where the narrator is part of the story, and often has limited knowledge of the events that transpire or transpiredSecond person whe re the narrator addresses the reader directly as they tell the story. Often, in this style, the narrator expresses his or her commentary on the story.Third person where the narrator is unknown and is not part of the story, and often tells the story in an objective manner.Omniscient this narrator also tells the story in third person. However, he or she knows everything about the story and the characters.CharacterThe characters are the actors in the story. They have different personalities and impact in the story. There are two main types of characters:Protagonist around whom the story revolves.Antagonist is the character that opposes the protagonist.Bear in mind, however, that the protagonist is not necessarily good, nor is the antagonist necessarily evil. Many stories have a heroic protagonist and a villainous antagonist; other stories have a villainous protagonist and a heroic antagonist.ThemeThis literary term refers to the main idea or concept that the story is trying to conv ey. Some of the most commonly explored themes are human versus nature, you are your own worst enemy, and good versus evil.JuxtapositionThis is when the author places two things side by side in order to compare them. This is a technique used to show the differences between the two things.More than just being literary terms, these are also the main elements of the story that you can analyze in your literary analysis. Together, these elements form and convey the meaning that the author wants his or her reader to think about or to understand. Likewise, you can use these literary terms to convey what you understood or want to say about a piece of literature. A good literary analysis requires effective writing, too.Writing service for studentsThese are only some of the many literary terms that college students must know. Other terms such as bildungsroman or in medias res may be thrown at you which, chances are, you might not understand completely. You do not have to be very stressed about it. Here at , we believe that college students should enjoy their lives to the fullest. They should not worry themselves over memorizing highly technical literary terms. Hence, as an academic writing service, it is our utmost mission to help college students in need. Custom term papers, custom research papers, custom essays, custom dissertationswe offer a wide array of writing services, all with topnotch quality thanks to our roster of seasoned writers. Are you in need of some academic help? Send us a message, and your college life will feel more like a breeze!
Monday, May 25, 2020
Effect-of-Microsofts-Monopolistic-Approach-to-Software-Bundling - Free Essay Example
Sample details Pages: 29 Words: 8647 Downloads: 3 Date added: 2017/06/26 Category Statistics Essay Did you like this example? The Effect of Microsofts Monopolistic Approach to Software Bundling on Innovation and Competition. Chapter 1 Introduction When mentioning Microsoft, ones thoughts naturally turn to computers, as the two are inexorably tied together. And while they both need each other, software was the latter development in this marriage of needs. Donââ¬â¢t waste time! Our writers will create an original "Effect-of-Microsofts-Monopolistic-Approach-to-Software-Bundling" essay for you Create order Based upon digits, computers utilize this foundation as the basis for their computations (Berdayes, 2000, p. 76). A digit is a numeral that represents an integer and includes any one of the decimal characters 0 through 9 as well as either of the binary characters 0 or 1 (Atis, 2005). Computers utilize digits under the base-2 number system, which is also termed as the binary number system (Berdayes, 2000, p. 3). The base-2 system is utilized in computers as it implements easier with present day technology. A base-10 system could be used, however its cost in terms of technology innovation would make computers prohibitively expensive (Berdayes, 2000, pp. 53-56). Via the utilization of binary digits as opposed to decimal digits, bits thus have only two values, 0 and 1 (Barfield and Caudell, 2001, p. 344, 368). The preceding is important in understanding the relationship of numbers to computers as well as Microsofts later entrance into this world. The following provides a visual un derstanding of how this works: Table 1 Decimal Numbers in the Binary System (Swarthmore University, 2005) Decimal Number Binary Number 0 = 0 1 = 1 2 = 10 3 = 11 4 = 100 5 = 101 6 = 110 7 = 111 8 = 1000 9 = 1001 10 = 1010 11 = 1011 12 = 1100 13 = 1101 14 = 1110 In computers, bits are utilized in conjunction with bytes, which are represented as 8-bit bytes that work as follows: Table 2 8 Bit Bytes (Barfield and Caudell, 2001. pp. 50-54) Decimal Number Bytes 0 = 0000000000000000 1 = 0000000000000001 2 = 0000000000000010 65534 = 1111111111111110 65535 = 1111111111111111 The earliest computer has been traced back to the abax, which is the Greek word that describes calculating board as well as calculating table which as invented in China and called the abacus, it was also used in ancient Greece, the Roman Empire, Russia, Japan, and is still in use by the blind (qi-journal.com, 2005). Operating much as the bits and bytes in the modern computer, the abacus has a vertical row of beads that represent multiples of 10, 1, 10, 100, 1,00 and so forth (qi-journal.com, 2005). The basic principle of the abacus operates in much the same manner as the modern computer, through numerical representation. The first generations of modern computers were huge in comparison with todays small, powerful and fast machines, and needed air-conditioned rooms to dissipate the heat. Programming on the first commercial computer in 1951, the UNIVAC, was a group of related mechanisms driven my mathematical equations that had to be written in order for the UNIVAC to work on problems (hagar.up.ac.za, 2006). It would take another 6 years for the first personal computer to be developed, the IBM 610 Auto-Point, which was termed as a personal computer because it only took one individual to operate it, however, the cost in 1957 termed at $55,000 translates in to well over $100,000 in todays value (maximon.com, 2006). In 1975 saw the introduction of the Altair 8800, which sold for $439, with 256 bytes of RAM, which also represented the year that Bill Gates, along with Paul Allen founded Microsoft (maximon.com, 2006). Altair was seeking a computer language, which Gates and Allen delivered via a program called BASIC on 23 July 1975, which they gave the company exclusive worldwide rights to for 10 years (Rich, 2003, p. 34). Sold as an add-on with the Altair 8800 for $75, the preceding provided the revenue underpinnings for Microsoft (Rich, 2003, p. 35). Generating just $381,715 in 1977, Microsoft was upstaged by Apple Computers that made machines as well as their own operating system (Rich, 2003, p. 36). Apples success caught the attention of IBM, which was not in the personal computer market, the foregoing was the means via which Gates entered the picture with IBM based upon DOS, program it secured from Seattle Computer for just $50,000 that heralded the beginnings of the industry giant (Rich, 200 3, p. 51). Microsoft MS-DOS represented the foundation for the beginning financial strength of the company, which would enable it to develop Windows 95 and successive versions leading to Vista in 2007. Along the way, Microsoft has been accused, rightly or wrongly, of a monopolistic approach to software bundling that has stifled competition and innovation. This paper will seek to examine this facet, its effects, how it happened and the ramifications of the statement. Chapter 2 Literature Review 2.1 Monopolist or Fierce Competitor In Trust on Trial: How the Microsoft Case is Reframing the Rules of Competition, by Richard McKenzie (2000, p. 1), reflects that Microsoft in the last 25 years has become the worlds premier software company, dominating many of the markets it has entered and developed and also finds itself under legal assault for monopolist behaviour. McKenzie (2000, p. 2) indicates that in the United States its the Justice Department against Microsoft, but behind the courtroom scenes there has been a good deal of political maneuvering by other major American corporate high-tech combatants -Sun Microsystems, Oracle, Netscape, IBM, and America Online, to name just a few who would like nothing better than to see their market rival, Microsoft, get its comeuppance in the court of law. In this instance it is the efficacy of antitrust law enforcement has been on trial as the Microsoft case represents the first largescale antitrust proceedings of the digital age; (McKenzie, 2000. p. 2). McKenzie (2000, p. x) reflects upon the government case against Microsoft as a monopolist, indicating that while its operating system comes preloaded on at least nine of every ten computers containing Intel microprocessors sold in the country, if not the world was it this that made the company a monopolist? The market dominance that Microsoft has in the fact that its operating system comes preloaded in over 90% of the computers sold was expressed by the former United States Republican candidate Robert Dole, who stated Microsofts goal appears to be to extend the monopoly it has enjoyed in the PC operating system marketplace to the Internet as a whole, and to control the direction of innovation. (McKenzie, 2000, p. 28). This view was also repeated by the media as well as New York Attorney General Dennis Vacco who see Microsofts product development strategies are evidence of monopoly power: in that the Windows operating system has become almost the sole entry point to cyberspace (McKenzie, 2000, p. 29). It is without question that Microsofts dominance resulting from preloaded operating software provides it with an advantage in introducing other forms of software. But, is that simply good business practices or predatory behaviour? For consideration, McKenzie (2000, p. 47) points to the b ook written by Judge Bork The Antitrust Paradox where he stated repeatedly antitrust should not interfere with any firm size created by internal growth . And like it or not, that is how Microsoft got into the position it now enjoys. But, in all the rhetoric, there is another facet to Microsofts dominance, the PC manufacturers themselves. As stated by the manufacturers themselves, there simply is no other choice! (McKenzie, 2000, p. 29). Eric Browning, the chief executive of PC manufacturer Micron has said I am not aware of any other non-Microsoft operating system product to which Micron could or would turn as a substitute for Windows 95 at this time (McKenzie, 2000, p. 30). This sentiment was also echoed by John Romano, an executive at Hewlett-Packard who advised we dont have a choice (McKenzie, 2000, p. 30). The tie-in between monopoly power and market dominance has been explained by Franklin Fisher, the chief economist for the Justice Department as Monopoly power is a substantial degree of market power, or the ability of a firm (a) to charge a price significantly in excess of competitive levels and (b) to do so over a significant period of time (McKenzie, 2000, p. 30). Fisher further asserts that Microsofts dominance in the market is protected by barriers to entry in the form of economies of scale in production, network effects, and switching costs (McKenzie, 2000, p. 30). Fisher adds that There are no reasona ble substitutes for Microsofts Windows operating system for Intel-compatible desktop PCs. Operating systems for non-Intel-compatible computers are not a reasonable substitute for Microsofts Windows operating system because there would be high costs to switching to non- Intel-compatible computers like Mac and Unix (McKenzie, 2000, p. 30). However, the monopolistic tendencies of Microsoft have not resulted in the company charging higher prices as a result of its dominant position. This view was put forth by the chief economic consultant for the state attorneys general in that the absence of viable competitors in Intelcompatible operating systems means that Microsoft doesnt have to worry about raising its price or using its economic weight in other ways (McKenzie, 2000, p. 30). He asserts that a monopolist would continue to raise its price so long as its profits rose. (McKenzie, 2000, p. 31). Something that Microsoft has not done. Such is inconsistent with the manner in which monopolists behave. The line of reasoning for the preceding is that the cost of the operating system represents on average 2.5 percent of the price of personal computers (and at most 10 percent for very inexpensive personal computers), so even a 10 percent increase in the price of the OS [operating system] would result at most in a 1 percent in crease in the price of even inexpensive PCs (McKenzie, 2000, p. 31). Warren-Boulton thus concludes that Microsofts price for Windows is very likely far below the monopoly price which is a result of the so-called coefficient of the price elasticity of demand facing any firm (the ratio of the percentage change in the quantity to the percentage change in the price (McKenzie, 2000, p.31). Therefore, argues McKenzie (2000, p. 32) a monopolist would not price its product in the very low range, because a very low elasticity implies that a price increase will increase profits , thus the governments case has opposing views of Microsofts monopolist position, a telling facet in considering the overall implications of the company. The foregoing direct contradicts Franklin Fishers, the chief economist for the Justice Department, claims that Microsoft earns superhigh profits , which its low prices does not support (McKenzie, 2000, p. 32). Thus, in being a so-called monopolist, Microsofts pricing policies do not reflect the behaviour of one. The complicated market, competitive, product and business realities of Microsoft in a competitive market must also be viewed as the company taking actions to protect its position through new product introductions as well as making it difficult for competitors to gain an edge, the manner in which all firms operate if they intend to remain i n business and continue as market leaders. The fact that Microsoft provides its Internet browser free along with its operating system, serves the interest of customers in that they have this feature already available in the purchase of their computers. It also represents a competitive action that limits other browsers from gaining an edge in the market. McKenzie (2000, p. 32) aptly points our that Any firm that is dominant in a software market isnt likely to want to give up its dominance, especially if there are substantial economies of scale in production and network effects in demand , something with both Fisher as well as Warren- Boulton indicate is true in the software industry. McKenzie (2000, p. 32) adds that if Microsoft where to start losing market share for its operating system it could anticipate problems in keeping its applications network intact, which could mean its market share could spiral downward as a new market entrant makes sales and those sales lead to more and more applications being written for the new operating system . The flaw in the monopolist argue, as pointed out by McKenzie (2000. p. 34) is that even if a company had a 100% share of the market it must price and develop its product as though it actually had market rivals because the firm has to fear the entry of potential competitors . To make his point , McKenzie (2000, p. 34) points to classic microeconomics textbooks that teach that a monopolist represents a single producer that is capable of restricting output, raising its prices above competitive levels, and imposing its will on buyers therefore in the position of the U.S. Justice Department, Microsofts high, 90%, market share is a near or almost monopoly, that McKenzie (2000, p. 34) aptly states is like almost being pregnant, you either are or you arent. To illustrate his point, McKenzie (2000, p. 34) points to the company called Signature Software, which at the time had 100 percent of the market for a program that allows computer users to type their letters and e-mails in a font that is derived from their own handwriting. He adds that despite it being the singular producer in the market, the company prices its software very modestly, simply because the program can be duplicated with relative ease. McKenzie (2000, p. 34) also points out that Netscape at one time almost completely dominated the browser market, yet did not price its advantage in monopolist fashion. In protecting its position, Microsoft developed and introduced new products, all of which any other firm had the opportunity to do and thus innovate, yet such did not happen. McKenzie (2000, p. 137) asserts that the aggressive development of new products by Microsoft was in defense of its market position as well as being good marketing and customer satisfaction practices. He points to the following innovations by Microsoft that helped to cement is market dominance and stave off competitive inroads, all of which could have been created by other firms (McKenzie, 2000, p. 137): 1. 1975 Microsoft develops BASIC as the first programming language written for the PC. A feat that could have been accomplished by anther firm had they innovated and gotten the initial contract with Altair for the 8800. 2. 1983 Microsoft developed the first mouse based PC word processing program, Word. 3. 1985 The company develops the first PC based word processing system to support the use of a laser printer. 4. 1987 Microsofts Windows/386 became the first operating system to utilize the new Intel 32-bit 80386 processor. 5. 1987 Microsofts introduces Excel, the first spreadsheet that was designed for Windows. 6. 1989 Word became the first word processing system to offer tables. 7. 1989 Microsoft Office becomes the first business productivity application offering a full suite of office tools. 8. 1991 Word becomes the first productivity program to incorporate multimedia into its operation. 9. 1991 Word version 2.0 becomes the first word processing program to provide drag and drop capability. 10. 1995 Internet Explorer becomes the first browser to support multimedia and 3D graphics 11. 1996 Microsofts Intellimouse is the first pointing device to utilize a wheel to aid in navigation. 12. 1996 Microsoft introduces Picture It, the first program to permit consumers to create, enhance and share photo quality images over their PCs. 13. 1997 DirectX becomes the first multimedia architecture to integrate Internet ready services. 14. 1998 Microsofts WebTV in conjunction with the hit television show Baywatch becomes the first internationally syndicated Internet-enhanced season finale. 15. 1999 Windows 2000, which later becomes Windows NT adds the following innovations as firsts to a PC operating system, Text to speech engine, Multicast protocol algorithms that are reliable, Improvements in the performance registry, Inclusion of DirectX, Vision based user interfaces, Handwriting recognition, and a number of other innovations to enhance its operating system, and maintain as well as increase its market position. The preceding represents examples of innovation spurred by Microsoft that could have been introduced by its competitors in various fields first, but where not. Thus, Microsoft in these instances, as well as others introduce consumer enhancing innovations to further its market dominance through aggressive new product development, a path that was open to others as well. 2.2 Bundling, Innovative or Stifling Competition Rosenbaums (1998) book Market Dominance: How Firms Gain, Hold, or Lose it and the impact on Economic Performance provides a perspective on the means via which companies gain as well as lose market share, and the tactics they employ to best their competition. Few people remember that when Microsoft introduced Microsoft Word and Excel, the dominant software programs for word processing and spreadsheets were Lotus 1-2-3- and WordPerfect (Rosenbaum, 1998, p. 168). In fact, WordPerfect was the application found in all businesses, period (Rosenbaum, 1998, p. 168). Each of the preceding applications cost approximately $300, which Microsoft bested by selling his Office Suite program for $250. Through providing limited use Word programs in Windows, consumer had the chance to test Word before buying it (Rosenbaum, 1998, p. 168). More importantly, Microsofts spreadsheet, word processing, presentation programs were simply better and easier to use that the competition. By innovatively offering a free limited version of Word with the operating system, Microsoft induced trial, to which it had to follow up on with a better product. In looking at competitive practices and competition analysis, there is a relationship that exists between the structure of the market and innovation, to which Hope (2000, p. 35) poses the question as to whether monopoly is more conducive to innovation than competition . Hope (29000, p. 35) indicates that in response to the foregoing, there is no clear-cut answer, probably because there is none . Hope (2000, p. 35 puts forth the theory that Most economists, and virtually all designers of competition policy, take market structure as their starting point as something which is somehow, almost exogenously, given (although it may be affected by competition policy), and which produces results in terms of costs, prices, innovations, etc However, Hope (2000, p. 35) tells us that this is wrong, based upon elementary microeconomics, as Market structure is in herently endogenous (and is) determined by the behaviour of existing firms and by entry of new ones, simultaneously with costs, prices, product ranges, and investments in RD and marketing. Exogenous variables, if they in fact exist in a particular situation, represent facets such as product fundamentals such as production processes, entry conditions, the initial preferences of the consumers, variables determined in other markets, and government policy (Hope, 2000, p. 35). As a result, Hope (2000, p. 35) advises that the questions as to whether there will be more innovation with monopoly than with competition is no more meaningful than to ask whether price-cost margins will be higher if costs are high than if they are low . 2.2.1 Bundling Examples in Other Industries Aron and Wildman (1999, p. 2) make the analogy of Microsofts bundling methodology with that of cable television whereby a broadcaster how owns a marquee channel can preclude competition in thematic channels (such as comedy or science fiction channels) by bundling their own thematic channels with the marquee channel. The preceding illustrates the idea that consumers tend to value channels such as HBO, Cinemax and Showtime that their reputation helps to cause consumers to consider other program platforms they offer. These channels advertise their other channels on their marquee stations and vise versa, offering bundling of channels at reduced prices to encourage purchase. Aron and Wildman (1999, p. 2) offer the logic that a provider that attempts to compete by offering a thematic channel on a stand-alone basis, without an anchor channel, would not be able to survive the competitive pressure of a rival with an anchor. The argument that having a marquee channel, or anchor, is key to th e viability of broadcasters is supported by the development of pay television in the United Kingdom. Aron and Wildman (1999, p. 2). The dominant pay television supplier is BSkyB which controls most of the critical programming rights in Britain, enabling it to use bundled pricing to execute a price squeeze against rivals which as in the case of Microsoft the pay television industry is that a firm that monopolizes one product (here, an anchor channel) can effectively leverage that monopoly to preclude competition in another product market by using bundled pricing (Aron and Wildman, 1999, p. 2). Aron and Wildman (1999, p. 3) provide another example of how firms utilize bundling to inhibit their competition, through the example of Abbott and Ortho laboratories, which produce bloodscreening tests utilized to test blood that is donated for viruses. Interestingly Abbott produced all five of the test utilized to check for viruses, whereas Ortho only produced three, thus Abbott bundled the five tests in a manner that Ortho was unable to compete, thus effectively making it a monopolist (Aron and Wildman (1999, p. 3). Were these good business practices that this enabled Abbott to increase its market share at the expense of another company that did not innovate in producing all five tests to complete? Ortho claimed that Abbott was effectively a monopolist in two of the tests, Ortho claimed that Abbott could and did use a bundled pricing strategy to leverage its monopoly into the other non-monopolized tests and preclude competition there (Aron and Wildman, 1999, p. 3). The preceding examples show that a monopolist can preclude competition using a bundled pricing strategy (Aron and Wildman, 1999, p. 3) and that in so doing can accomplish such without charging prices in excess of what is reasonable for their customers, which makes sound business sense in that capturing the market thus eliminates the need for such, and also provides the business condition that prevents competitors from re-entering the market at lower prices. Thus it is rational for a monopolist to behave as if competitors exist, which in fact they will if it provides such an opportunity through increased pricing. The examples indicated show that it is indeed possible in equilibrium for a provider who monopolizes one product (or set of products) to profitably execute a fatal price squeeze against a rival in another product by using a bundled pricing strategy (Aron and Wildman, 1999, p. 3). 2.3 The Case Against Microsoft Spinello (2002, p. 83) in his work Regulating Cyberspace: The Policies and Technologies of Control inform us that there are four distinct aspects of the United States government case which is based upon violations of the Sherman Act, which are as follows: 1. The companys monopolization of the PC operating systems market was achieved via anticompetitive means, specially in the instance of the utilization of its browser, in violation of Section 2 of the Sherman Act, which declares that it is unlawful for a person or firm to monopolizeany part of the trade or commerce among the several States, or with foreign nations (Spinello, 2002, p. 83). 2. That Microsoft engaged in Unlawful exclusive dealing arrangements in violation of Sections 1 and 2 of the Sherman Act (this category includes Microsofts exclusive deal with America Online) (Spinello, 2002, p. 83). 3. That Microsoft in its attempt to maintain it competitive edge in browser software attempted to illegally amass monopoly power in the browser market) in violation of Section 2 of the Sherman Act (Spinello, 2002, p. 83). 4. And that the bundling of its browser along with the operating system was in violation of Section 1 of the Sherman Act (Section 1 of this act prohibits contracts, combinations, and conspiracies in restraint of trade, and this includes tying arrangements) (Spinello, 2002, p. 83). Spinello (2002, p. 89) provides an analysis of the Department of Justice case against the company utilizing a distinct example as represented by Netscape. He contends that the option for consumer choice was never inhibited by Microsoft, and that Netscapes own practices contributed to the decline in popularity of its browser. Chapter 3 Analysis 3.1 Bundling, Competitive or Market Restrictive? The Concise Dictionary of Business Management (Statt, 1999, p. 109) defines a monopoly as A situation in which a market is under the control or domination of a single organization . The Dictionary continues that This condition is generally considered to be met at one-quarter to onethird of the market in question (and that) A monopoly is contrary to the ideal of the free market and is therefore subject to legal sanctions in all industrialized countries with a capitalist or mixed economy. In addressing this facet of the Microsoft case, McKenzie (2000, p. 27) elaborates that Microsofts market position as a single seller in the market as a result of its dominance represents latent, if not kinetic, monopoly power and in the opinion of the judge presiding over the case, the company is illegally exploiting its market power in various ways to its own advantage and to the detriment of existing and potential market rivals and, more important, consumers. This goes to the heart of the matter concerning the assertion that Microsofts monopolist approach is stifling competition and innovation as its bundling practices effectively eliminates software such as Netscape and others from becoming an option for other companies as the Internet browser Explorer comes preloaded with Windows and Vista operating software. This view was publicly asserted by the United States Attorney General at the time, Janet Reno in a 1997 press conference where she stated on behalf of the Justice Department that Microsoft is unlawfully taking advantage of its Windows monopoly to protect and extend that monopoly (McKenzie, 2000, p. 27). Gillett and Vogelsang (1999, p. xiv) in Competition, Regulation, and Convergence: Current Trends in Telecommunications Policy Research advise that Bundling is a contentious element of software competition that has been at the heart of the Microsoft antitrust litigation, and represents an integral aspect in the examination of how and if Microsofts monopolistic approach to software bundling has an effect on innovation and competition. They state that through bundling, can profitably extend this monopoly to another product, for which it faces competition from a firm offering a superior product (in the sense that it would generate more surplus than the product offered by the monopolist) (Gillett and Vogelsang, 1999, p. xiv). They continue that Bundling the two products turns out to be an equilibrium outcome that makes society in general and consumers in particular worse off than they would be with competition without bundling . Gillett and Vogelsang (1999, p. xiv) offer the idea that b undling is likely to be welfare reducing and that unbundling would not be a suitable remedy Aron and Wildman (1999, p. 1) advise us that through the use of bundling a company can exclude its rivals through the combined pricing, thus successfully leveraging its monopoly power. They continue that the preceding represents part of an equilibrium strategy by which the monopolist acts in a rational manner for the long term and short term, however such a strategy representing exclusionary pricing would not be profitable in the absence of the competitor (Aron and Wildman, 1999, p. 1). They add that the bundling of software generates welfare losses, both in terms of social welfare and in terms of consumer surplus (Aron and Wildman, 1999, p. 1). The bundling of Microsofts Internet Explorer browser with its operating systems means that such almost effectively excludes other browsers from gaining a significant market share. And while consumers can download other browsers, they do so utilizing the preloaded Internet Explorer. Having a browser already installed, which was also availabl e in prior computers familiarizes consumers to Microsofts Internet Explorer thus effectively eliminating the need to take the time to download what they already have, as well as what they are familiar with. Additionally, since most consumers have used or are using Internet Explorer, this fact tends to influence other and prohibit them from seeking another browser, specially if they have questions on how to surf the Internet or find items. Aron and Wildman (1999, p. 2) claim that since Microsoft holds a monopoly over operating systems, representing over 90% of the global market, its claim that by bundling the browser with its monopoly operating system, Microsoft makes it impossible for other browser firms to compete in the browser market. This not only has an exclusionary effect on competition but, it is claimed, a chilling effect on innovation. The nature of Microsofts actions range from those who believe its practices are the tactics of a successful and aggressive competitor that is innovative has done, and is doing what any successful company needs to do to be, stay and remain successful (Aron and Wildman, 1999, p. 2). On the opposing side, there are those who believed that only a break up of Microsoft would force an end to the anticompetitive nature of its actions by reducing its size and thus making it more competitive (Aron and Wildman, 1999, p. 2). Thus, the analogy drawn by Aron and Wildman (1999, p. 2) is that the reward for market success is jurisdictional intervention. Aron and Wildmans (1999, p. 3) examples also show that the common aspect of bundling in three completely different markets illustrates how bundling can enable a firm to increase its market share over competitors and then after having achieved that position, to limit inroads on its position through maintaining prices that are competitive, thus effectively eliminating re-entrance to the market by its competitors or new firms. Such a tactic does not eliminate competition, it restricts their ability to increase market share and limits them to peripheral markets and or customers. In the case of Microsoft, the company has eliminated the potential for choice in that its operating system comes pre-loaded, thus the first option available its their browser, which customer can supplant through downloading a different one to use. The bundling aspect does provide Microsoft with a huge competitive advantage, however it is not insurmountable in that if competitors developed uniquely innovative brow sers with features in advance of Microsoft, that were more user friendly and enhanced their experience, the bundling tactic could be attacked. Thus the question of whether bundling effectively limits competition and innovation is dependent upon the way in which one is viewing it. It must be remembered that in all instances, all competitors at one time had basically equally access and or opportunity in any given market, meaning at its inception or when it was emerging. Thus, they all had the opportunity to offer a series of products, features, enhancements, and related benefits for the market on basically equal terms. This applies to Abbott and Ortho, BSkyB television and Microsoft, as their competitors all had the opportunity to innovate at some critical point in the development of the market, however only Abbott, BSkyB and Microsoft did. Hope (2000, p. 33) point on this provides an answer to the preceding in that he states What may look like an unjustified and anti-competitive bundling of products or services (or of functions) if one looks at todays market definition may be an innovation which will change the standard functions of the product or service in question if one can anticipate tomorrows market definition (or todays latent demand). Hazlett (1999, p. 52) in his article Microsofts Internet Exploration advised that The facts of the browser war lead inexorably to one conclusion: consumers have benefited enormously from the ferocious rivalry between Netscape and Microsoft. He adds that Microsofts actions should not be branded as anticompetitive, since they did not foreclose Netscape from the marketplace (Hazlett, 1999, p. 52). In fact Bill Gates himself makes it clear that The fact that our browser was integrated into Windows 95 from the outset did not in any way prevent consumers from choosing another browser ( The Economist, 1998, pp. 19-21). The entire facet of bundling is not as clear-cut as the United States governments case attempted to make it, nor is it clear-cut from various potential competitive and anticompetitive standpoints. Lessig (2000) argues in support of a New Product Rationale whereby two software products combined in a new way would be considered a single product for purposes of antitrust tying law and adds a caveat that this conclusion would be presumptive only. This same position is also taken by Hovenkamp who states that bundling of a partial substitute can sabotage a nascent technology that might compete with the tying product but for its foreclosure from the market (Spinello, 2002, p. 91). Communications Daily (2000) points out that a clear case of anticompetitive bundling is provided by AOL-Time Warner, which bundled its AOL software with its cable service, without offering its customers alternative browsers thus Caching technology allows popular Web sites to be stored closer to the end user, possibly at cable head end, in order to avoid Internets backbone delays. 3.2 Strategies to Gain Market Share Hope (2000, p. 33) in the book Competition Policy Analysis stated What may look like an unjustified and anti-competitive bundling of products or services (or of functions) if one looks at todays market definition may be an innovation which will change the standard functions of the product or service in question if one can anticipate tomorrows market definition (or todays latent demand). Hope (2000, p. 33) further states that Thus in industries whose technology changes rapidly or in which innovations (and the definition of products or services) are likely to affect the expected perceived needs of consumers, there can be an interdependence between the practices of the innovating firms and the definition of the market on which they operate . He continues that firm strategies are often based on their expectations of what tomorrows product definitions will be like rather than on what todays market looks like (Hope, 2000, p. 33). In viewing the methodologies employed by Abbott, BSkyB and Microsoft, Hope, 2000, p. 33) advises that On the one hand, the definition of markets depends to a certain extent on the objectives of the law for the purpose of which markets are assessed , and adds that On the other hand, even in the case of competition law, in an increasing number of situations, market definition contains an implicit judgment on the respective valuation of the short-term anticompetitive effects of the practice or structural change considered and their long-term effect.. The Department of Justice in its suit against Microsoft contended that the bundling of its browser along with its operating system represented unlawful technological tying in that the browser was incorporated into the source code, thus making it impossible to disable it (Spinello, 2002, p. 86). The foregoing arrangement representing tying violates the Sherman Act if the seller has appreciable economic power in the tying product market, and if the arrangement affects a substantial volume of commerce in the tied market (Spinello, 2002, p. 86). However, there is another facet to the foregoing in that the bundling of the browser with the operating system provided the browser for free to consumers, but the Department of Justice contended that this arrangement harmed consumers in their ability to select between Microsofts Internet Explorer and other browsers (Spinello, 2002, p. 87). The bundling aspect in terms of limiting innovation and competition is addressed in the fact that Netscape s browser utilized a JAVAenabled platform would attract software developers. In the long run, then, it could displace Windows as an attractive platform for new applications and take advantage of the selfreinforcing network effect that made Windows so powerful (Spinello, 2002, p. 87). The United States Department of Justice termed the preceding as a barrier to entry as Microsoft controlled the platform for software developers in that its browser was not JAVA enabled, thus programs were written for its platform as it represented the dominant system on the market (Spinello, 2002, p. 87). The preceding represented a similar situation that faced Apple and IBM compatible PCs in that software developers wrote applications first for the larger IBM compatible market, then later for the smaller Apple market. The subject of bundling is not as clear-cut when one looks at all of the various perspectives. Spinello (2002, p. 89) points out that Microsofts appeal states the case against it in that suggests a dangerous precedent for other software companies that produce an industry standard: Could they too be accused of leveraging their monopoly power just by adding new functionality to their products? The Microsoft appeal further stated that Software products are dynamic and must be allowed to evolve; if not, consumers will suffer the consequences of outdated technologies Moreover, does the Courts consumer demand test make sense, especially for software? (Spinello, 2002, p. 89). Additionally, Microsofts appeal adds word processors now include spell checkers and PCs now include modems, even though both features used to be sold separately as add-on products. Are these other examples of unlawful ties? (Spinello, 2002, p. 89). The point Microsoft puts forth is that it innovated through the addit ion of new functionality to its software, to which the government lawyers responded that the products are really separate and are bundled together not for the sake of efficiency but solely for an anticompetitive purpose (Spinello, 2002, p. 89). The United States government further contends that Windows and IE are separate products because consumers today perceive operating systems and browsers as separate products for which there is separate demand (Spinello, 2002, p. 89). 3.3 Microsoft and The European Union Microsoft has also been accused of software bundling to restrain competitors in the European Union with regard to its Windows Media Player as well as permitting competitors to access the companys server source code to allow better interoperability between software platforms (Worthington, 2005, p. 166). Levy (2004, p. 166) in his book Shakedown: How Corporations, Government, and Trial Lawyers Abuse the Judicial Process advises that the European Union has brought Microsoft up on similar antitrust charges as the United States government. In a ruling on a 1998 case brought before the EU by Sun Microsystems, the European Union ordered Microsoft to pay a $613 million fine, disclose additional source code to ensure server interoperability, and provide an unbundled version of Windows XP, without Media Player, to PC makers in Europe (Levy, 2004, p. 166). Microsoft in 2004 entered into an agreement with Sun Microsystems that settled this piece of antitrust litigation and Sun dropped it suit, h owever the European Union continued to pursue the matter and fined the company (Levy, 2004, p. 166). The resulting fine of $610 million and ruling entails Microsoft having to disclose more of its programming code so that rivals server computers can more easily interact with Windows, and offer dual versions of Windows for sale by PC makers in Europeone version with Microsofts Media Player included, and one without (Levy, 2004, p. 280). Chapter 4 Conclusion In the United States, the long running Justice Department case resulted in a settlement whereby Microsoft had to permit PC makers and consumers to hide certain bundled Microsoft productslike its Internet Explorer browser and Media Playerand install competing products (Levy, 2004, p. 281). Further, the settlement called for Microsoft to reveal parts of its software code to companies producing larger-scale server computers that talk to Windowsbased PCs (Levy, 2004, p. 281). In the European Union, which basically addressed the same antitrust concerns as the United States Justice Department, filed by American companies over business decisions made inside of the U.S. Thus, the European Union has effectively become a haven for disgruntled businessmen who use political influence in an attempt to bring down their rivals (Levy, 2004, 281). In terms of settling so called bundling litigation, the EUs ruling does not clear the picture, nor provide any substance to the aspect of if bundling st ifling innovation and competition. Levy (2004, p. 282) argues that the Commissioner of the European Union, Mario Monti, was more concerned about making history than settling the case, a debatable point, but one which must be considered in the light of the ruling by the United States Justice Department that ended in a settlement. Levy (2004, p. 282) contends that the latest EU order, pure and simple, transforms antitrust into a corporate welfare program for market losers and that Without some semblance of regulatory consistency, companies competing globally will not be able to conform their conduct to the dictates of divergent legal regimes. He goes on to add that special interests pursuing their favorite antitrust forum in an effort to exercise the most political clout thus potentially resulting in fewer jobs, less innovation, inferior products, and higher prices (Levy, 2004, p. 281). This last facet represents the status of where things state today. The question of bundling and its effect on innovation and competition has not been essentially decided upon in the courts in the United States, nor in Europe. In terms of understanding the effects of bundling, Levy (2004, p. 163) indicates that based upon its actions in the marketplace Microsoft behaves not like a monopolist but like a company whose very survival is at stake. This is in keeping with the views expressed by others. Gillett and Vogelsang (1999, p. xiv) Competition, Regulation, and Convergence: Current Trends in Telecommunications Policy Research advise that Bundling is a contentious element of software competition that has been at the heart of the Microsoft antitrust litigation, and represents an integral aspect in the examination of how, and if Microsofts monopolistic approach to software bundling has an effect on innovation and competition. They state that through bundling, a company can profitably e xtend a monopoly to another product, for which it faces competition from a firm offering a superior product (in the sense that it would generate more surplus than the product offered by the monopolist) (Gillett and Vogelsang, 1999, p. xiv). They continue that Bundling the two products turns out to be an equilibrium outcome that makes society in general and consumers in particular worse off than they would be with competition without bundling . Aron and Wildman (1999, p. 1) state that while bundling represents a process whereby companies can exclude their rivals as a result of combined pricing advantages, thereby leveraging monopoly power, that this tactic represents part of an equilibrium strategy. They continue that such a strategy representing exclusionary pricing would not be profitable in the absence of the competitor , and state that the reward for market success is jurisdictional intervention. Through the examples of cable advertisers, Abbot and BSkyB, Aron and Wildman (1999, p. 2) illustrated the damaging effects of bundling in its real sense as opposed to the case of Microsoft, who Levy (2004, p. 163) states does not behave as a monopolist in that it keeps its prices down, and that the companys technology is struggling to keep pace with an explosion of software innovation . He adds in that it faces an avalanche of competition from new operating systems, consumer electronics, and Web-based servers (Levy, 2004, p. 1 63). He concludes that antitrust officials are preoccupied with antiquated notionstying arrangements, exclusionary contracts, predatory pricing, and a host of other purported infractionsall irrelevant, unless the real purpose, of course, is to pacify rivals trying to attain in the political arena what they have been unable to attain in the market (Levy, 2004, p. 163. Levy (2004, p. 178) makes a case for his conclusions in that MSN now loses an estimated $200 million annually providing service to fewer than 3 million customers. AOL, by contrast, has 9 million subscribers and will add nearly 3 million more with its acquisition of CompuServes consumer business. Further, Levy (2004, p. 185) contends, few manufacturers could risk offering a PC without Internet Explorer. If they did, rival manufacturers might be tempted to entice customers by bundling Explorer free of charge. In considering the aspect of bundling, Spinello (2002, p. 89) points out that Microsofts appeal states the case against it in that suggests a dangerous precedent for other software companies that produce an industry standard: Could they too be accused of leveraging their monopoly power just by adding new functionality to their products? In looking at the facts, Levy (2004, p. 223) advises that in 1998 More than 150 million copies of Netscapes browser were delivered and that Over 65 million Internet users start up at Netcenter, which is the second most visited site on the Web after Yahoo!; Microsoft is far behind. Additionally he provides information that states Over 400,000 Web sites link to Netscapes home pagemore than twice the number of links to Microsofts home page (Levy, 2004, p. 223). Finally, Levy (2004, p. 223) gives the chilling answer that Netscape still controls 42% of the browser market, and will soon control an additional 16% through its new partner, AOL, which paid more than $10 billion to acquire a 4-year-old company purportedly mangled by Microsoft. If Microsofts bundling has damaged the browser industry, then Levy (2004, p. 223) points out why is AOL with 15 million users and generating a profit, doing better than Microsofts Internet Explorer with 2 million users. In addressing the Netscape contention against Microsoft, Levy (2004, p. 224) adds that Netscape once controlled 90% f the internet browsing market, but declined sharply after PC magazines and consumers found that newer versions of Internet Explorer were superior .. and then Microsofts market share exploded. Levy (2004, p. 224) adds that Netscape made some key mistakes First, it didnt offer software developers a viable platform onto which applications could easily be written Then, it responded too slowly when its browser was outclassed Levey (2004, p. 224) continues that AOL twice spurned help from AOL; it was late in offering a free browser; and it took three years to exploit its Netcenter portal. Netscape, which charged for its browser, was supplanted by Microsofts Internet Explorer which did not cost consumers one cent, and in fact was a better browser. The fact is, as Levy (2004, p. 224) points out is that Microsoft offered a better price, zero, and a better product. The ruling by the United States Department of Justice did not resolve the issue of bundling as a practice that stifles competition and innovation. The ruling states that the bundling of products constituted an illegal tying arrangement, and that Microsoft will have to disclose its server protocols so that non-Microsoft servers (like those produced by IBM, Oracle, Sun Microsystems, and Novell) will be able to interoperate with Windows (Levy 2004, p. 273). Through all of the legal maneuvering, and rulings in the United States and Europe, the question of bundling has been brought up as stifling competition, but not actually, and conclusively proved through the final court rulings as actually doing so. In fact there is a wealth of data, and examples as provided by Aron and Wildman (1999), (Gillett and Vogelsang, 1999), Spinello (2002, Communications Daily (2000), and Levy (2004) that call this into question. Rosenbaum (1998, p. 158) probably makes the most telling observation and contribution to the assertion that bundling stifles innovation and competition, if one has a flair for open-minded thinking and irony. He reveals that Microsoft sabotaged the development of OS/2 by continuing to invest resources in a partnership with IBM on the OS/2 development project while knowing full well that Microsoft was really committed to Windows as the operating system of the future. (Rosenbaum, 1998, p. 158). Secretly, the company had adopted the risky strategy of simultaneously working on the development of the OS/2 operating system with IBM and independent development of Windows (Rosenbaum, 1998, p. 158). And to accomplish the successful introduction of Windows most of the copies were sold by bundling Windows with MS-DOS, and only an estimated 20 percent of users actually installed Windows on their machines (Cusumano and Selby, 1995, p. 161). Little mention has ever been made in the fact that I BM bundled CPUs, software, and maintenance allowed it to engage in price discrimination (which) allowed it more freedom in pricing to customers prone to competition (and) It also meant that customers could not observe real prices for peripheral equipment (thus) delayed the development of a peripheral market (Rosenbaum, 1998, p. 236). Microsoft in bundling was simply doing what a number of firms in many differing industries have done and still are doing, seek a means to advance their market share through the introduction of new products in the most cost effective manner. Rosenbaum (1998, p. 169) notes While Microsoft may well have used bundling of software applications to gain market share for its applications software programs, it is unclear that the net effects on welfare were negative. He adds that For one thing, there is little doubt that the net impact of bundling was to lower the price of many Microsoft applications programs. Furthermore, Microsoft has been unable to gain a large market share in markets where its applications software is significantly inferior, pointing to Microsoft Money as an example. Most importantly, Rosenbaum concludes There is also little evidence that Microsoft has been able to leverage its market dominance over operating systems into power over most of its software applications. The facts remain, Microsofts bundling practices have been used to market new product applications that the company has consistently delivered and innovated upon. This lower cost and more effective means has been achieved through its pre-loaded operating systems, however, with the exception of Windows Media player, consumers have and had the option to use competing products which Microsoft gave them the platform to use the Internet to obtain. Better products and or more innovative marketing cannot replace better products and lower prices. Competitors have the means through free Internet trial to use showcase their wares, and can use Microsofts Internet Explorer to help. Thus, the courts have not conclusively proved that Microsoft has stifling competition, but it sure has proven that Microsoft has outsmarted them! Bibliography Aron, D., Wildman, S. (1999) Effecting a Price Squeeze Through Bundled Pricing. In Gillett, E., Vogelsang, I. (1999) Competition, Regulation, and Convergence: Current Trends in Telecommunications Policy Research. Lawrence Erlbaum Associates, United States Atis.org (2005) digit. Retrieved on 29 March 2007 from https://www.atis.org/tg2k/_digit.html Barfield, W., Caudell, T. (2001) Fundamentals of Wearable Computers ad Augmented Reality. Lawrence Erlbaum Associates, United States Berdayes, V. (2000) Computers, Human Interaction, and Organizations; Critical Issues. Praeger Publishers, United States Communications Daily(2000) Communications Daily Notebook. Communications Daily Cusumano, M., Selby, R. (1995) Microsoft Secrets, Free Press, United States Gillett, E., Vogelsang, I. (1999) Competition, Regulation, and Convergence: Current Trends in Telecommunications Policy Research. Lawrence Erlbaum Associates, United States Hazlett, T. (1999) Microsofts Internet Exploration. Vol. 29. Cornell Journal of Law and Public Policy Hope, E. (2000) Competition Policy Analysis. Routledge. United States Lessig, L. (2000) Amicus Curiae Remedies. Brief re. United States of America v. Microsoft (97 F.Supp.2d 59 D.D.C. Levy, R. (2004) Shakedown: How Corporations, Government, and Trial Lawyers Abuse the Judicial Process. Cato Institute, United States maximon.com (2006) 1973AD to 1981AD, The First Personal Computers (PCs). Retrieved on 30 March 2007 from https://www.maxmon.com/1973ad.htm McKenzie, R. (2000) Trust on Trial: How the Microsoft Case is Reframing the Rules of Competition. Perseus Publishing, United States qi-journal.com (2005) QI: The Journal of Traditional Eastern Health Fitness. Retrieved on 29 March 2007 from https://qi-journal.com/culture.asp?-Token.FindPage=2-Token.SearchID=Abacus Rich, L. (2003) The Accidental Zillionaire: Demystifying Paul Allen. John H. Wiley Sons, United States Rosenbaum, D. (1998) Market Dominance: How Firms Gain, Hold, or Lose it and the impact on Economic Performance. Praeger Publishers, United States Spinello, R. (2002) Regulating Cyberspace: The Policies and Technologies of Control. Quorum Books, United States Statt, D. (1999) Concise Dictionary of Business Management. Routledge, United States Swarthmore University (2005) Representation of Numbers. Retrieved on 30 March 2007 from https://www.swarthmore.edu/NatSci/echeeve1/Ref/BinaryMath/NumSys.html The Economist (1998) Bill Gates Replies. 13 June 1998. The Economist Worthington, D. (2005) Microsoft Accepts Most EU Demands. 4 April 2005. Retrieved on 3 April 2007 from https://www.betanews.com/article/Microsoft_Accepts_Most_EU_Demands/1112657252
Subscribe to:
Posts (Atom)