I would have to say that's a pretty harsh indictment of Linux distributions and Mac OS by the US DoJ.
On the one hand, it's a little worse than you're suggesting because this was actually the opinion of the court. The DoJ was just the plaintiff.
On the other hand, the implied indictment of Linux and MacOS of the era isn't as bad as you're suggesting. I encourage you to go though the document, since you have the URL handy and I gave you the phrase to grep for. Take a look at the following excerpt:
The Court has already found, based on the evidence in this record, that there are currently no products - and that there are not likely to be any in the near future - that a significant percentage of computer users worldwide could substitute for Intel-compatible PC operating systems without incurring substantial costs.
Now I know you're tempted to rephrase this in some way that bolsters your perspective, but be careful with such temptations, for if & when Apple finds themselves in the same hot water it's going to happen through litigation and the determination will be made in a court — where the tool of choice is linguistic precision in general, and pulling key definitions & tests from precedent in particular. Every word in the above quote has weight, and you should make no substitutions if you want to gauge how things might play out were litigation brought against Apple.
In the above excerpt, note the phrase "Intel-compatible PC operating systems", which is part of the definition of the "relevant market" under which the determination of monopoly status was judged. The MacOS of the era ran only on PowerPC machines and some aging Motorola 680x0 hardware. So there's no harsh indictment of MacOS here.
As for linux of the 90s, I suppose you could look to phrases like "significant percentage of computer users worldwide could substitute" and "without incurring substantial costs". Linux distributions of the era could not rise to that standard. Although you would be correct to note that vendor lock-in played an important role in those "substantial costs".
I'm going to break away from my devil's advocate argument.
I was rhetorically trying to show:
i) The parent's argument is weak. The existence of competitors is not sufficient to show whether Apple is or is not a monopoly. Microsoft had a lot of competitors. Even in 1998, there was a lot of OSes.
ii) The argument that Microsoft was a monopoly was, frankly, ridiculous to begin with, based on defining a market in an oblique way. The same argument could be extended into many fields to show that many other products have a monopoly.
Even so, I do believe that Microsoft engaged in anticompetitive behaviour in actively trying to destroy Netscape and its desktop OS competitors. The weak "monopoly" argument should be sidestepped completely, since it was terrible to begin with.
I do think there is an fine line between limiting creativity and preventing anti-competitive behaviour, and it's not clear where that line is.
I think the EC's "browser choice" decision is shocking given that a web browser is an integral part of any OS, especially in 2011, whether that OS is Windows, Mac OS X, a Linux distribution or whatever else.
I do think Apple and the iPhone creates genuine questions about where the line should be drawn. Is it reasonable for them to close up the protocols in iTunes to prevent anyone from creating their syncing software? Is it reasonable for them to want a cut from downloadable content on their platform?
In my mind, they will always be anti-competitive practices, whatever the letter of the law says.
Again, with respect to your second point, the court had no choice but to pursue what you believe was "ridiculous", because it is required by section 2 of the Sherman Antitrust Act:
The threshold element of a § 2 monopolization offense being "the possession of monopoly power in the relevant market,"...the Court must first ascertain the boundaries of the commercial activity that can be termed the "relevant market."
...and it was germane to the standards regarding product tying relevant to section 1 of the same act:
Proceeding in line with the Supreme Court cases, which are indisputably controlling, this Court first concludes that Microsoft possessed "appreciable economic power in the tying market," Eastman Kodak, 504 U.S. at 464...Because this Court has already found that Microsoft possesses monopoly power in the worldwide market for Intel-compatible PC operating systems (i.e., the tying product market), Findings ¶¶ 18-67, the threshold element of "appreciable economic power" is a fortiori met.
(Both of those excerpts are from the same Conclusions of Law document, of course.)
It's very easy for you to say that "the same argument could be extended into many fields to show that many other products have a monopoly." It's quite another thing to frame your argument in terms of section 1 & 2 violations such that the way you have defined your "relevant market" actually pertains to product tying and preservation of monopoly power through anticompetitive acts. In other words, it's not enough that an anticompetitive act happened: it must also have been used to preserve power — and not just any power but monopoly power, and not just any monopoly power but monopoly power in a market relevant to the anticompetitive claims. And even if you manage to frame it this way, it still must pass through the crucible of the court, as it did in MS v DOJ.
In my mind, they will always be anti-competitive practices, whatever the letter of the law says.
Anticompetitive acts are not illegal in and of themselves. They are illegal for establishment or maintenance of monopoly power, however — and one can't apply that test via hand-waving. The Sherman act is very specific.
On the one hand, it's a little worse than you're suggesting because this was actually the opinion of the court. The DoJ was just the plaintiff.
On the other hand, the implied indictment of Linux and MacOS of the era isn't as bad as you're suggesting. I encourage you to go though the document, since you have the URL handy and I gave you the phrase to grep for. Take a look at the following excerpt:
The Court has already found, based on the evidence in this record, that there are currently no products - and that there are not likely to be any in the near future - that a significant percentage of computer users worldwide could substitute for Intel-compatible PC operating systems without incurring substantial costs.
Now I know you're tempted to rephrase this in some way that bolsters your perspective, but be careful with such temptations, for if & when Apple finds themselves in the same hot water it's going to happen through litigation and the determination will be made in a court — where the tool of choice is linguistic precision in general, and pulling key definitions & tests from precedent in particular. Every word in the above quote has weight, and you should make no substitutions if you want to gauge how things might play out were litigation brought against Apple.
In the above excerpt, note the phrase "Intel-compatible PC operating systems", which is part of the definition of the "relevant market" under which the determination of monopoly status was judged. The MacOS of the era ran only on PowerPC machines and some aging Motorola 680x0 hardware. So there's no harsh indictment of MacOS here.
As for linux of the 90s, I suppose you could look to phrases like "significant percentage of computer users worldwide could substitute" and "without incurring substantial costs". Linux distributions of the era could not rise to that standard. Although you would be correct to note that vendor lock-in played an important role in those "substantial costs".