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Wouldn't this draw anti-trust battles?

Could be -- it sounds like a possible "tie-out" (a variation on tie-in). AFAIK There haven't been many tie-out cases, but as antitrust litigator George Gordon [1] put it a few years back, "The term “tie out” is often used to refer to arrangements in which a license prohibits a licensee from dealing in and/or developing competing, noninfringing technologies. [Footnote omitted] Such arrangements have been found to be intellectual property misuse and could form the basis for an antitrust claim as well." [2]

If MS were to do something like this, I imagine Gary Reback [3], its nemesis in previous antitrust battles, would be all over it ....

[1] http://www.dechert.com/george_gordon/

[2] http://www.dechert.com/library/Analyzing%20IP%20License%20-%...

[3] http://www.garyreback.com/garyreback.html




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