He believes Microsoft has a monopoly in PC operating systems, and he knows there is a long legal history supporting the view that monopolists are subject to different rules and tougher standards than the average company. However, deciding how to apply that thinking is another matter altogether.
Anticompetitive behavior is a lot like pornography.
Most people think they know pornography when they see it, but trying to define it into law often proves impossible. Consequently, today's antitrust laws are highly ambiguous and sometimes leave Microsoft in the unenviable position of not knowing whether a particular action, deal or decision will be deemed legal. In that environment, Klein's logic will inevitably sound fuzzy, but it will benefit from the powerful rhetoric of fairness. From that position, Microsoft's lawyers will be able to show that no matter what the Justice Department might accuse the company of, other IT companies are doing virtually identical things. But perhaps more important, America's instinctive distrust of Things Big will make it highly skeptical of Microsoft's power.