Most People today are pleased to have personal computer or mobile engine. Ok. But I observe and encounter some practical situations about interconnection between software of different companies. Why ? The purpose showed from that companies is the satisfaction of their consumers first. But they encounter competition situations that make a Microsoft or Apple softwares don’t run with the android system to the detriment of the consumers. And vice versa. They argue that their companies have a proprietary system and they don’t do effort to open their system in profit of their clients.
I Observations
I’m born in 1971 and nothing has changed. With my first computer in 1991 - 1992, an IBM PS1, with modem, the problem was the same. Impossible to run a software of an another companies that Microsoft. In my opinion, the problem is their dominant position . They abuse to it. And It’s inherent of the dominant position to give an advantage to the holder. The holder doesn’t make effort to their client, the competition is not fare. Because the competition must be seen in profit of the consumers, the reason why the companies exist, don’t it !
So, the consumers are the hostage of the companies and their dominant position. Don’t forget that the consumers pay the product It’s not free or gratis. The counterpart is normally a global product, full of use. But it’s not in practice. The product that they sell are staled.
II The adhesion clause
The spread of adhesion clause strengthens the idea I submit to you. Efficiency market suppose that the final purpose is reached : an efficient market and the satisfaction (benefit) of the consumers.
But that's not the case, isn’t it ? What antitrust can’t open their mind and their eyes. Perhaps because they diner to that companies at restaurant. Conflict of interest.
III Proprietary system and patent
The holder of a patent oppose its patent right against the opening of its system, he argues the opening of its system is a violation of its patent right. And the patent right is a property rights, protected by the constitution. The loop is closed. And the consumer is prisoner of that situation.
IV Analysis
I think there is or there are solutions but it’s not the subject here to discuss of them. Here, the goal was to lay down the situation. I think that antitrust authorities don’t take into consideration the financial and the environment health for the consumer. If that consideration is not a constitution right or a protected right by constitution, it’s the responsibility to the judge, it’s to the judge in other way to relieve the constitution in profit of the consumer. The consumer the tis also, a taxpayer, a citizen, a voter etc.
Author
Vidal Bravo Jandia Miguel
Engineer / Master II in Law
Panthéon Assas/ Paris II
UFR de Montpellier 1