공정거래법상 컴퓨터 소프트웨어의 끼워팔기 규제 -윈도우 XP와 윈도우 메신저의 통합이 경쟁에 미치는 효과에 관한 법경제적 분석-
Regulation of Tying Computer Software under the Fair Trade Act -An Analysis of the Competitive Effects of Incorporating Windows Messenger into Windows XP-

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이상승; 장승화
Issue Date
서울대학교 법학연구소
법학, Vol.43 No3 pp.301-386
OEM, original equipment manufacturers미국의 반독점법인 셔먼법 제1조와 제2조망 외부효과(network externality)일시적 독점의 지속적 승계(succession of temporary monopolies)’ 현상
In September fall of 2001, Daum Communications Inc. (“Daum”) filed a complaint before the Korean Fair Trade Commission alleging that Microsoft Korea had violated the Korean Monopoly Regulation and Fair Trade Act (“MRFT Act”) by tying the Windows Messenger program to Windows XP. Daum subsequently filed a lawsuit seeking an injunctive relief against the commercial launch of Windows XP. Daum alleged that Microsoft's action is aimed at monopolizing the fast-growing instant messenger market by leveraging its monopoly power in the operating systems market into the messenger market. Microsoft's critics, including Daum, argued that Microsoft's actions are reminiscent of its illegal efforts to keep its monopoly in the Intel-compatible PC operating systems market against the nascent threat of Netscape Navigator by tying its Internet Explorer with Windows 95 and 98 and by signing exclusionary contracts with computer manufacturers (OEMs) and Internet Service Providers (ISPs). According to Daum, if Microsoft is allowed to dominate the instant messenger market by unfairly taking advantage of its monopoly position in the operating system market, local firms will be discouraged from developing innovative products. In response, Microsoft argued that the functionalities of the Windows operating system have continually improved since the first introduction of MS-DOS in the early 1980's (e.g., graphical user interface, internet connection, hard disk defragmentation, security, multimedia functions), and integrating Windows Messenger into Windows XP is merely another instance of improving the Windows program to better serve consumers. Furthermore, by exposing Application Programming Interfaces (APIs) to third-party software vendors, integration of Windows Messenger into Windows XP allows faster and cheaper development of applications software that ultimately benefits consumers.
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 43, Number 1/4 (2002)
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