Is It Legal to Refuse to Sell or License a Software Product to an Individual or Company for Arbitrary Reasons?
Dec 07, 2008 6 Replies
J
Jujitsu Lizard
Question:
Let's say I'm Bill Gates and I decide I don't like Big Company X (perhaps because Bill's son asked a Big Company X executive's daughter out for a date and she said no), is it legal to refuse to sell operating systems and software to that company?
The reason I'm asking that question is that with some products, such a refusal to sell could have business consequences for Big Company X.
Is this covered under anti-trust regulation?
And what if the reasons are better, such as heavy software piracy within Big Company X ... ???
The Lizard
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T
Tim Wescott
Legal where?
In the US*, AFAIK:
If you're big enough (like Microsoft) to be close to a monopoly, then it could get you into trouble. Certainly putting conditions on the sale _has_ gotten Microsoft into trouble. If Big Company X is owned and/or operated by minorities who could show that you were discriminating against them because of race or religion**, then it could get you into trouble no matter what size you are. If your kid asked a Big Company X executive's kid out for a date and he/she said no and you were dumb enough to cite it as a reason for not doing business, then it could well come under sexual harassment*** laws and get you into trouble.
But in general if you're not a government entity then you get to choose who you do business with. In the US at least, the basic rule of thumb is that "if it ain't specifically prohibited then it's OK" (although the list is kinda long). So if you don't like the way that Big Company X paves it's parking lot, or just the way that they part their hair****, then you can refuse to do business with them.
I believe this applies quite strongly to Britain and other common-law countries, and strongly enough to the rest of Europe, but I'm not even a lawyer in the US so I dunno.
** I think it's only race and religion that's protected at the moment, at least for non-government companies. Certainly there are those who are aggressively trying to expand this and others are aggressively trying to shrink it.
*** OK, and sexual harassment, too. Gee life is getting complicated.
**** Unless, of course, their religion demands that they part their hair that way, or because you (or your kid) think they'd be sexier if they parted it differently, and were dumb enough to comment on it.
Tim Wescott
Control systems and communications consulting
http://www.wescottdesign.com
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R
Rich Webb
IANAL but I think this is one of those cases where something can be done for no reason, or for a good reason, but not for a bad reason. In virtually all cases there will be *some* reason, and if that reason is prejudicial or with intent to harm, and Company X is a member of a class, or a class substantially similar to, one with whom business is otherwise conducted, then the wronged party may be able to seek relief.
Rich Webb Norfolk, VA
A
Alex Colvin
"Can I do it?" is the wrong question. "How can I do it?" is your question. If you're Bill Gates, then you get a good lawyer to explain how.
And couple billion can buy a lot of law.
What Abscam showed wasn't that you could buy a congressman, but rather that the average American could afford one.
mac the naïf
J
Jujitsu Lizard
What good is corruption if the average American can't participate?
As I recall, the ABSCAM amounts were very modest. At those prices Bill Gates could open up his checkbook and buy all of congress for a law or two. Wasn't it peanuts like $10,000 - $40,000 -- something in that range?
The Lizard
K
Ken Asbury
ate
Big
Let's say that, from your profile, you are somebody who has a lot of time and is thrilled with seeing your name in lights...
J
Jujitsu Lizard
You're confusing me. Metaphor, or personal attack?
The Lizard
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