ABSTRACT

I have to start out with an apology-I have a bit of a problem. I wish to discuss the subject of whether the Internet will remake antitrust law, but I have been retained by one of the parties in the United States v. Microsoft case.2 As a result, I can’t tell you about that case. It is roughly like asking someone to sit in a room for an hour and not think about a 900pound gorilla. Nonetheless, it is fortunate in one sense because the thesis of my chapter all along would have been that the press is missing the point. There are lots of things going on at the intersection of antitrust, intellectual property, and the Internet right now that are more important than United States v. Microsoft. I will therefore take this opportunity to discuss a couple of them.