Is Psystar guilty of sophistry?

Stephen Withers
Tuesday, 02 September 2008 12:31

Opinion and Analysis

I like this assertion: "PSYSTAR, on information and belief, therefore alleges that the Windows operating system - and any other third-party operating system for that matter - does not constitute a viable substitute product and should not be included in defining the relevant market."

I bet that goes down well among the Windows and Linux fans. "Hey guys, your operating system isn't a viable substitute."

So what might be a parallel? That's always a dangerous question in this type of debate, but try this for size: KFC refusing to sell a cafe owner its mix of "secret herbs and spices" so the latter can use it to prepare fried chicken? After all, KFC would have you believe that its product is distinct from any old fried chicken.

Yet there are surely thousands of outlets around the world that could source the chicken itself from the same suppliers as KFC in any particular country, and that are being unfairly denied the opportunity to compete because KFC won't give them access to the seasoning mix.

I'm glad I was never even tempted to consider going to law school.