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Comment Re:Change in operations instead of cash.... (Score 1) 246

Should have been written as *personal* media players, and yes, they did.
It is absolutely true that their product was good, but that is in no way relevant to antitrust discussions. Monopoly, whether by-merit, or not, is still subject to special rules with regard to penetration in other market places.

Not a single other point you made is even relevant.

Comment Re:Oh, the entitlement... (Score 1) 246

I'm going to make this a double-response for both of your comments, just to keep things simple. ;)

You're not off-base at all, though I do agree that our viewpoints seem to diverge.

As you said, were the iPod not dominant, it would indeed have been a VERY bad business decision on Apple's part. That said, if the plaintiffs want to assert that they were harmed by Apple's anticompetitive behavior, they need to demonstrate that Apple's anticompetitive behavior made it impossible/difficult for them to find music for their devices, which simply wasn't the case at all. There was zero friction preventing them from using any one of the innumerable competing services that provided them with the product they wanted.

As far as your analogy goes, if I understand it correctly (cars=MP3 players, nozzles=file formats, gas stations=music retailers, GM=Apple), I rather like it, but it helps to highlight why our viewpoints may differ, since I feel that your analogy has one critical flaw: it states that the new cars are exclusively using the proprietary nozzle (which necessarily comes at the expense of compatibility with the standard one), but that isn't an accurate representation of what was going on with the iPod. Had it been true, I'd agree with your viewpoint entirely.

Since iPods have from day one been fully compatible with standard, non-DRM'd file formats, such as MP3, WAV, AIFF, and AAC, it stands to reason that the new GM cars wouldn't be restricted to using GM's proprietary nozzle, as your analogy suggests, but rather that they would support the proprietary nozzle in addition to all of the standard ones already out there. As such, existing gas stations wouldn't want to replace their standard nozzles with the proprietary one even if it weren't patent-encumbered, since it'd mean switching from a nozzle that worked with 100% of cars to one that only worked with GM cars. Similarly, Ford owners would still be just as capable of getting gas as they had always been, since the existing infrastructure would continue to work just fine, and that would remain true even if GM cars controlled a massive share of the car market. GM cars having compatibility with a proprietary nozzle is in no way a threat to anyone unless the supply side of the market (gas stations) is also dominated by GM, hence my focus on retail music market numbers.

So, regarding that topic and to extend your analogy a bit, if GM opened up gas stations around the country that exclusively used their own nozzle (perhaps because they wanted to gain a competitive advantage by providing additional value to their customers), it may steal some business from the existing gas stations, but it wouldn't become a problem for Ford until GM's stations ran the other gas stations out of business, since up until that point Ford's customers would be fully capable of buying gas the same as they always have. But for that to happen, the GM gas stations would have to have a dominant market position, and 15-20% could hardly be called dominant.

All of which is to say, while it's true that Apple was only able to have a profitable music store because the iPod had a dominant market position, being profitable is not the same as being anticompetitive. So long as the iPod's compatibility with Apple's FairPlay didn't come at the expense of compatibility with other formats, people using other MP3 players would have been fully capable of going to one of the competing store and purchasing from there, rather than knowingly purchasing an incompatible file from the iTunes Music Store.

Comment Re:Federal Funding is not contingent on speed limi (Score 2) 525

Their vehicles are also more highly maintained.

I don't live in Germany, but my closest friend since about the age of 18 does, and I can say with absolute certainty, based upon the pictures she sends me of there, and her own personal vehicle, that my anecdote would not match yours.
My guess is that's more a function of affluence, which is in fact one of the few metrics we do win in.

Comment Re:Change in operations instead of cash.... (Score 1) 246

You've illustrated the exact problem. The fact that their players worked with MP3s is not the problem. The fact that they were leveraging their monopoly in digital players to advance a format that stifled competition is. Anyone who purchased that material was harmed by those practices, illegal if you're a monopoly, at least allegedly so. The courts will decide, ultimately.

Comment Re:Oh, the entitlement... (Score 1) 246

It'd be like suing a BMW dealer for selling me a part that is only intended to be used with BMWs because it doesn't work in my Toyota, even though the analogous part my Toyota uses is a standard, non-specialized one that can be picked up from any retail auto parts shop.

I think a better analogy would be for GM, in the US, to suddenly only produce cars that only operated with a specific type of Gas nozzle, not replaceable, and patented with refusal to license to other manufacturers. This would have major consequences to the fuel distribution market, even with GM lacking a monopoly. With a monopoly, it would be a death knell for Ford.

Comment Re:Oh, the entitlement... (Score 1) 246

I'm of course talking about the leveraging of the iPod monopoly to abuse the market of digital audio distribution.

since the plaintiff's complaints (that they couldn't play their iTunes music on their non-iPod MP3 players) are not related to a misuse of the iPod's market position.

I think this is where our viewpoints diverge...
I believe it's precisely because of the iPod's market dominance that they could not do so. If the iPod did not have dominance, then it would be a very, very poor business decision by Apple to make it impossible to play their digitally distributed music only on Apple players.

Am I off-base?

Comment Re:Oh, the entitlement... (Score 1) 246

I completely agree, hence why I stuck to generalities when I started discussing the legality of the topic.

But, bringing this back around to the topic at hand, talking about monopolies is only worthwhile if monopolies were at play in Apple's dealings, which would be a pretty hard notion to sell. The iTunes Music Store peaked at around 30% of the retail music market, and even that wasn't until 3 years after the events discussed in this lawsuit. In the 2006-2009 period during which this was all going on, I don't believe they ever had more than a 15-20% share of the retail music market. And the iPod's market share (which peaked around 70%, IIRC) doesn't come into play, since the plaintiff's complaints (that they couldn't play their iTunes music on their non-iPod MP3 players) are not related to a misuse of the iPod's market position.

Which is to say, it's hard to argue anticompetitive practices when the other 80-90% of the retail music market were perfectly valid alternatives that would have been compatible with their non-iPod devices. It'd be like suing a BMW dealer for selling me a part that is only intended to be used with BMWs because it doesn't work in my Toyota, even though the analogous part my Toyota uses is a standard, non-specialized one that can be picked up from any retail auto parts shop.

Comment Re:The real question is . . . (Score 1) 525

Far more complicated than that. Lower gear ratios do not directly reduce fuel consumption, but rather indirectly through reduced compression and other rotational/time domain losses in the power delivery. That is, there are diminishing returns, and most modern cars will gain very little with a lower final gear ratio (assuming they're able to move at all, since torque is already effectively barely enough to accelerate most cars in final gear at higher speeds)

Comment Re:Oh, the entitlement... (Score 1) 246

It's perfectly legal for anyone not abusing their Monopoly (or lack thereof in Microsoft's case with regard to the personal audio player market)
Same reason no one busted Apple's balls over tightly bundling Safari with OSX.
You can get away with all kinds of anti-competitive practices, right up until you effectively monopolize a market (fairly or not)

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