Z:gnu-www-ja-ms-doj-tunney--6846dc-If this provision were enforce/en

If this provision were enforced as currently drafted, Defendant could implement new private protocols, extending or replacing the existing public protocols of electronic commerce, and then use its monopoly position to exclude the free software operating system from use of that de facto industry standard embodied in its new unpublicized APIs and Protocols. Defendant then goes further in &sect; III(J)(2), according to itself the right to establish criteria of &ldquo;business viability&rdquo; without which it may deny access to APIs. Considering that its primary competition results from a development community led by non-profit organizations and relying heavily on non-commercial and volunteer developers, one can only conclude that Defendant is once again seeking the appearance of cooperation with the rule of law, while preparing by chicane to deny its injured competitors their just remedy.