Killer Application

Companies like Sun Microsystems were obviously wasting their time relying on all
those Mountain Dew-inspired 21-year-olds to write some hot new code that would
topple their Redmond rival. (And judging from the government’s overwhelming and
compelling case indicting Microsoft’s strong-arm tactics, it’s clear that superior
operating systems or applications wouldn’t have mattered anyway.) Companies like
Sun eventually figured out that they simply had to turn to the writings of a Republican
who’s been dead since 1900. Check out what a 67-year-old senator from Ohio named
John Sherman penned back in 1890. Despite the fashionable B.S. spouted by Microsoft
and parroted verbatim in the Seattle Post-Intelligencer–the scary notion
that the new economy is above the law–Sherman’s writing is clearly applicable
today.

SHERMAN ACT, 15 U.S.C. 1

Trusts, Etc., in Restraint of Trade Illegal; Penalty

Every contract, combination in the form of trust or otherwise, or conspiracy,
in restraint of trade or commerce among the several States, or with foreign
nations, is declared to be illegal. Every person who shall make any contract
or engage in any combination or conspiracy hereby declared to be illegal shall
be deemed guilty of a felony, and, on conviction thereof, shall be punished
by fine not exceeding ten million dollars if a corporation, or, if any other
person, three hundred and fifty thousand dollars, or by imprisonment not exceeding
three years, or by both said punishments, in the discretion of the court.

SHERMAN ACT, 15 U.S.C. 2

Monopolizing Trade a Felony; Penalty

Every person who shall monopolize, or attempt to monopolize, or combine or
conspire with any other person or persons, to monopolize any part of the trade
or commerce among the several States, or with foreign nations, shall be deemed
guilty of a felony, and, on conviction thereof, shall be punished by fine not
exceeding ten million dollars if a corporation, or, if any other person, three
hundred and fifty thousand dollars or by imprisonment not exceeding three years,
or by both said punishments, in the discretion of the court.