Let me quote a paragraph from the FINDINGS OF FACT issued by Judge Thomas Penfield Jackson, on July 28, 1999.

Section II, Paragraph A.6. Middleware

Operating systems are not the only software programs that expose APIs to application developers. The Netscape Web browser and Sun Microsystems, Inc.'s Java class libraries are examples of non-operating system software that do likewise. Such software is often called "middleware" because it relies on the interfaces provided by the underlying operating system while simultaneously exposing its own APIs to developers. Currently no middleware exposes enough APIs to allow independent software vendors ("ISVs") profitably to write full-featured personal productivity applications that rely solely on those APIs.

First, why do the so-called applications need to rely solely on the middleware's APIs. How about a combination of a few new APIs coupled with a bunch of good *old* (non XP/.NET) C/C++ style APIs??

Even if middleware deployed enough APIs to support full-featured applications, it would not function on a computer without an operating system to perform tasks such as managing hardware resources and controlling peripheral devices.

True, but we already have enough operating systems to perform the task quite nicely. Windows 98 and Windows 2000 are OK, they are the best we've got. We don't need any new ones, a few fixes would be helpful, however.

But to the extent the array of applications relying solely on middleware comes to satisfy all of the users needs, the user will not care whether there exists a large number of other applications that are directly compatible with the underlying operating system. Thus, the growth of middleware-based applications could lower the costs to users of choosing a non-Intel-compatible PC operating system like the Mac OS. It remains to be seen, though, whether there will be a sustained stream of full featured applications written solely to middleware APIs.

True, but that's what we need to start talking about!!

In any event, it would take several years for middleware and the applications it supports to evolve from the status quo to a point at which the cost to the average consumer of choosing non-Intel compatible PC operating system over an Intel-compatible one falls so low as to constrain the pricing of the latter systems.

Again, true; however, not relevant in today's situation. The need to constrain pricing applies more to new systems, it should be easier to control pricing on existing systems. In addition, the time to develop the middleware and the applications will be greatly reduced because we don't have to chose a non-Intel compatible PC.