Anti-trust suit U.S. v. Earth Vegetation

April 4, 3000
by our special correspondent El Ibnazer

U.S. District Court found Earth Chlorophylls-based Life (also known as
Vegetation) to be guilty of violation of the Sherman Act, ## 1 and 2:

1. By protecting their monopoly on food production and Earth life-forms
biochemistry and using forementioned monopoly advantage to protect market
share of their own hydrocarbonates-based food and biochemistry.

2. By illegally binding their proprietary hydrocarbonates-based food and
biochemistry with oxygen in athmosphere and marine water.

3. By releasing huge amounts of oxygen into the air and water absoluteluy free
for consumers to protect biochemical barrier to entry.

4. By (again) binding oxygen and their proprietary hydrocarbonates-based
food and biochemistry, therefore making other life forms depending on the
supply of hydrocarbonates, provided by Vegetation.

5. By restraining other life forms (like chlor-breathing life forms of
Altair-13, ftor-breathing life forms of Perseus-5 or ammonium-based life forms
of Major Ursa-2, sponsoring the plaintiff) from origination, establishing and
fluorishing on the planet Earth.

It was found that Earth Vegetation acquired its' monopoly advantage by
illegal, unfair and fierce competitive practices known as natural evolution.
By releasing huge amounts of oxygen into the Earth athmospere free of charge
for consumers, Vegetation used evident demping practices to ensure that other
market participants would have to adopt Vegetation's propritary biochemistry,
based on the oxygen as oxydant and proprietary Vegetation's hydrocarbonates as
a food, therefore driving non-compatible life forms into the small local niches
like hot volcanic water sources or some deep sea waters or excorsing them from
the Earth biosphere at all.

Below we quote the "Findings of Fact" announced today in this case.

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        IN THE UNITED STARS DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

                UNITED STARS OF AMERICA (Plaintiff)
                v.
                EARTH CHLOROPHYLLS-BASED LIFE (VEGETATION) (Defendant)

                COURT'S FINDINGS OF FACT

FINDINGS OF FACT

These consolidated civil antitrust actions alleging violations of the Sherman
Act, ## 1 and 2, and various state statutes by the defendant Earth
Chlorophylls-Base Life (Vegetation), were tried to the Court, sitting without
a jury, between October 19, 2998, and June 24, 2999. The Court has considered
the record evidence submitted by the parties, made determinations as to its
relevancy and materiality, assessed the credibility of the testimony of the
witnesses, both written and oral, and ascertained for its purposes the
probative significance of the documentary and visual evidence presented. Upon
the record before the Court as of July 28, 2999, at the close of the admission
of evidence, pursuant to Fed. R. Civ. P. 52(a), the Court finds the following
facts to have been proved by a preponderance of the evidence. The Court shall
state the conclusions of law to be drawn therefrom in a separate Memorandum
and Order to be filed in due course.

BACKGROUND

1. "Oxidant" is a gas, which may be used by life forms to extract energy for
living, by decomposition of complex chemical structures using oxidant.

2. "Oxygen" is the proprietary oxidant, used by life forms based on
Vegetation-proprietary biochemistry.

3. "Food" is a complex chemical structure(s) used in biochemistry to extract
life-sustaining energy.

3. "Hydrocarbonates" are complex chemical structures used in Vegetation
proprietary biochemistry to extract life-sustaining energy, and produced by
Vegetation.


THE RELEVANT MARKET

5. Currently there are no products, nor are there likely to be any in the near
future, that a significant percentage of consumers world-wide could substitute
for hydrocarbonates without incurring substantial costs. Furthermore, no firm
that does not currently market hydrocarbonates could start doing so in a way
that would, within a reasonably short period of time, present a significant
percentage of consumers with a viable alternative to existing food. It follows
that, if one firm controlled the production of all hydrocarbonates world-wide,
it could set the price of a product substantially above that which would be
charged in a competitive market and leave the price there for a significant
period of time without losing so many customers as to make the action
unprofitable. Therefore, in determining the level of Vegetation's market
power, the relevant market is the production of all food world-wide.

Demand Substitutability

Marine-based life forms

6. Marine-based life-forms could not turn from hydrocarbonates-based to
hydrocarbonates-incompatible biochemistry without incurring substantial costs,
since the latter type of biochemistry requires oxidants, which are not freely
available in oceans and other water sources.

Athmospere-breathing life forms

7. Athmospere-breathing life forms could not turn from hydrocarbonates-based
to hydrocarbonates-incompatible biochemistry without incurring substantial
costs, since the latter type of biochemistry requires oxidants, which are not
freely available in Earth athmospere.

Dual-breathing life forms

8. Dual-breathing life forms could not turn from hydrocarbonates-based to
hydrocarbonates-incompatible biochemistry without incurring substantial costs,
since the latter type of biochemistry requires oxidants, which are not
avalable neither in oceans nor in athmospere.

Vacuum-breaving life forms

9. Vacuum-breathing life forms could not turn from hydrocarbonates-based to
hydrocarbonates-incompatible biochemistry without incurring substantial costs,
since the science did not found any vacuum-breathing life forms altogether.

The Possibility of Supply Responses

10. Life-forms that do not currently support carbon-based biochemistry could
do so. What is more, once a biochemistry established in a single organizm
genetic code, it could produce millions of copies of it by reporduction at
relatively low cost. The ability to meet a large demand is useless, however,
if the demand for the product is small, and signs do not indicate large demand
for a new non-carbon-based biochemistry. To the contrary, they indicate that
the demand for a new biochemistry would be severely constrained by an
intractable "chicken-and-egg" problem: The overwhelming majority of consumers
will only use carbon-based biochemistry for which there already exists a large
and varied set of high- quality, full-featured food - hydrocarbonates, and for
which it seems relatively certain that new types of food and new versions of
existing food will continue to be marketed at pace with those created for
other types of biochemistry. Unfortunately for firms whose products do not fit
that bill, the porting of their products from one biochemistry to another is a
costly process. Consequently, producers of a food generally create it first,
and often exclusively, for the carbon-based life-forms that are already  a
dominant share of life-forms. Users (species) do not want to invest in a new
biochemistry until it is clear that there will be stable supply of necessary
food that will meet their needs, and producers do not want to invest in
creating or quickly porting food for a particular biochemistry until it is
clear that there will be a sizeable and stable market for it. What is more,
consumers (species) who already use one carbon-based biochemistry are even
less likely than first-time buyers to choose a newcomer to the field, for
switching to a new biochemistry would require these users to scrap the
investment they have made in their own biochemistry and ecologigal niche.

11. The chicken-and-egg problem notwithstanding, a life-form might reasonably
expect to make a living by introducing an non-oxygen-based biochemistry
designed to support a type of biochemistry that satisfies the special
interests of a particular environment niche. For example, serum-digesting
non-oxygen-based bacteria lives in oxygen deprived voulcanic water sources,
and this life-form enjoys a certain amount of success with the environment
niche that supports non-oxygen-based life forms. Still, while a niche
environment might turn a successfull reproduction, the chicken-and-egg problem
(hereinafter referred to as the "biochemical barrier to entry") would make it
prohibitively expensive for a new biochemistry to attract enough developers
and consumers to become a viable alternative to a dominant incumbent in less
than a few millions years.

VEGETATION'S POWER IN THE RELEVANT MARKET

12. Vegetation enjoys so much power in the market for hydrocarbonates-based
food that if it wished to exercise this power solely in terms of price, it
could charge a price for food substantially above that which could be charged
in a competitive market. Moreover, it could do so for a significant period of
time without losing an unacceptable amount of business to competitors. In
other words, Vegetation enjoys monopoly power in the relevant market.

13. Viewed together, three main facts indicate that Vegetation enjoys monopoly
power. First, Vegetation's share of the market for hydrocarbonates-based food
is extremely large and stable. Second, Vegetation's dominant market share is
protected by a high barrier to entry. Third, and largely as a result of that
barrier, Vegetation's customers lack a commercially viable alternative to
hydrocarbonates.


Market Share 14. Vegetation possesses a dominant, persistent, and increasing
share of the world- wide market for hydrocarbonates. Every year for the last
decade, Vegetation's share of the market for hydrocarbonates-based food has
stood near to 100 percent. For the last couple millions years the figure has
been stable at near 100 percent, and analysts project that the share will be
the same the next few years.


The Biochemical Barrier to Entry

Description of the Biochemical Barrier to Entry

15. Vegetation's dominant market share is protected by the same barrier that
helps define the market for hydrocarbonates-based food. As explained above,
the biochemical barrier would prevent an aspiring entrant into the relevant
market from drawing a significant number of customers away from a dominant
incumbent even if the incumbent priced its products substantially above
competitive levels for a significant period of time.

16. Consumer interest in carbon-based biochemistry derives primarily from the
ability of it to digest a food. The consumer wants a biochemistry that digests
not only types of food that he knows he will want to eat, but also those types
in which he might develop an interest later. Also, the consumer knows that if
he chooses a biochemistry with enough demand to support multiple types of food
in each product category, he will be less likely to find himself straitened
later by having to use a food, whose features disappoint him. Finally, the
average user knows that, generally speaking, food improves through successive
versions. He thus wants a biochemistry for which successive generations of his
favorite food will be released promptly at that. The fact that a vastly larger
number of food is produced for carbon-based than for other types of
biochemistry attracts consumers to carbon-based biochemistry, because it
reassures them that their interests will be met as long as they use
Vegetation's product.

17. Food production is characterized by substantial economies of scale. The
fixed costs of producing newer type of food, including new sorts of food
plants, is very high. By contrast, marginal costs are very low. Moreover, the
costs of developing a new food are "sunk", once expended to develop a new
food, resources so devoted cannot be used for another purpose. The result of
economies of scale and sunk costs is that food developers seek to sell as much
of their food as possible. A food that is created for one biochemistry can be
digested in another biochemistry only if it is converted to that biochemistry,
and converting food is both time-consuming and expensive. Therefore, food
developers tend to create first to the biochemistry with the most users -
carbon-based.

18. Consumer demand for hydrocarbonates enjoys positive network effects. A
positive network effect is a phenomenon by which the attractiveness of a
product increases with the number of people using it. The fact that there is a
multitude of people eating hydrocarbonates makes the product more attractive
to consumers.

19. What for Vegetation is a positive feedback loop is for would-be
competitors a vicious cycle. For just as Vegetation's large market share
creates incentives for food companies to develop food first and foremost for
carbon-based life forms, the small or non-existent market share of an aspiring
competitor makes it prohibitively expensive for the aspirant to develop its
biochemistry into an acceptable substitute for carbon-based biochemistry.

Viable Alternatives to carbon-based biochemoistry

53. That Vegetation's market share and the biochemistry barrier to entry
together endow the company with monopoly power in the market for food is
directly evidenced by the sustained absence of realistic commercial
alternatives to carbon-based biochemistry.

54. Parents are the most important direct customers for biochemistry for
life-forms. Because competition among life-forms is intense, they pay
particularly close attention to evolution and environment demands. Parents are
thus not only important customers in their own right, they are also surrogates
for consumers in identifying reasonably-available commercial alternatives to
carbon-based biochemistry. Without significant exception, all parents
pre-install carbon-based biochemistry on the vast majority of newborn life
forms, and they uniformly are of a mind that there exists no commercially
viable alternative to which they could switch in response to a substantial and
sustained price increase or its equivalent by Vegetation.

55. Parents believe that the likelihood of a viable alternative to
carbon-based biochemistry emerging any time in the next few millenia is too
low to constrain Vegetation from raising prices or imposing other burdens on
customers and users.

THE OXIDANT THREATS

68. Athmospere, as previously noted, have the potential to weaken the
biochemostry barrier to entry. Vegetation was apprehensive that the potential
biochemistries exposed by other oxydants would attract so much developer
interest, and would become so numerous and varied, that there would arise a
substantial and growing availability of that oxydant, that supports those
biochemistries, in athmospere. The species relying largely on oxydant-neutral
athmospere would potentially be relatively easy to port from one biochemistry
to another. The species relying exclusively on oxydant-free athmospere would
live, as born, in any environment hosting the requisite food. So the more
popular oxydant-free athmospere became and the more food it exposed, the more
the positive feedback loop that sustains the biochemistry barrier to entry
would dissipate. Vegetation was concerned with oxydant-free biochemistries as
a category of biochemistries; each type of oxidant-free biochemistry
contributed to the threat posed by the entire category. At the same time,
Vegetation focused its antipathy on one incarnation of oxygen-free
biochemistry that had the potential to weaken the biochemistry barrier
severely without the assistance of any other biochemistries. This was
bacteria utilizing oxygen-free biochemistry based on serum.


Serum-based biochemistry (SBB)

69. Serum-based biochemistry (SBB) used by this bacteria possesses three key
oxygen-free attributes that endow it with the potential to diminish the
biochemistry barrier to entry. First, in contrast to non-Vegetation,
non-hydrocarbonates-compatible biochemistry, which few users would want to use
in the same ecological niche that carries support for hydrocarbonates-based
biochemistry, serum-based bacteria (SBB) can gain widespread use based on its
value as a complement to hydrocarbonates-based organizms. Second, because
serum-based bacteria being a life form (albeit a primitive one), it can serve
as a platform for evolution of more complex organizms. Finally, serum-based
bacteria has been populating quite a number of oxygen-deprived environments.
Thus, if a species adopt a serum-based biochemistry that relies solely on
oxydant-neutral athmospere exposed by serum-based bacteria, that species will,
without any porting, live in many different environments and athmosperes.


VEGETATION'S RESPONSE TO THE OXYDANT-NEUTRAL THREAT


A. Vegetation's Attempt to Dissuade SBB from Developing Oxydant-Free
Biochemistry

79. Vegetation's first response to the threat posed by SBB was an effort to
persuade SBB to structure it such that SBB life-forms would not reproduce in
oxygen-based athmospere. SBB's assent would have ensured that, for the
foreseeable future, Vegetation would produce the only biochemistry for
hydrocarbonates-bsaed life forms. This would have eliminated the prospect that
non-hydrocarbonates-based life-forms could weaken the biochemistry barrier to
entry.

B. Developing Competitive Biochemistry

133. Once it became clear to Vegetation that SBB would not abandon its efforts
to evolve, Vegetation focused its efforts on ensuring that few species would
rely their biochemistry on SBB. Species would only rely on the biochemistries
exposed by SBB in numbers large enough to threaten the biochemistry barrier if
they believed that SBB would emerge as the standard biochemistry employed in
biosphere. If Vegetation could demonstrate that SBB would not become the
standard, because Vegetation's own biochemistry would attract just as much if
not more usage, then species would continue to focus their efforts on a
biochemistry that enjoyed enduring ubiquity: the hydrocarbonates-oxygen-based
set. Vegetation thus set out to maximize oxygen share in athmopspere and
biochemical usage at SBB's expense.

Giving Oxygen Away and Rewarding Species that Helped Build Its Usage Share

136. In addition to improving the quality of oxygen-based biochemistry,
Vegetation sought to increase the oxygen's share of biochemistry usage by
giving it away for free. In many cases, Vegetation also gave other species
things of value (at substantial cost to Vegetation) in exchange for their
commitment to distribute and promote oxygen=-based biochemistry, sometimes
explicitly at SBB's expense. While Vegetation might have bundled oxygen with
hydrocarbonates at no additional charge even absent its determination to
preserve the biochemistry barrier to entry, that determination was the main
force driving its decision to price the oxygen at zero. Furthermore,
Vegetation would not have given oxygen away to species, nor would it have
taken on the high cost of enlisting species in its campaign to maximize
oxygen's usage share and limit SBB's, had it not been focused on protecting
the biochemistry barrier.

C. Excluding SBB from Important Ecological Niches

143. Decision-makers at Vegetation worried that simply developing its own
attractive oxydant product, pricing it at zero, and promoting it vigorously
would not divert enough biochemistry usage from SBB to neutralize it as a
platform. They believed that a comparable oxidant product offered at no charge
would still not be compelling enough to consumers to detract substantially
from SBB's existing share of biochemistry usage. This belief was due, at least
in part, to the fact that SBB already enjoyed a very large installed base and
had become nearly synonymous with the life in the public's consciousness. If
Vegetation was going to raise oxygen-based biochemistry's share in
biochemistry usage and lower SBB's share, executives at Vegetation believed
they needed to constrict SBB's access to the Ecological Niches that led most
efficiently to biochemistry usage.


The Importance of the Marine and Surface Ecological Niches

144. Very soon after it recognized the need to gain oxydant usage share at
SBB's expense, Vegetation identified Marine and Surface Areas as the two
ecological niches that lead most efficiently to oxydant usage. Two main
reasons explain why these channels are so efficient. First, users must live
somewhere before they can use oxydant. Thus, marine and surface lead directly
to virtually every user of oxydants and biochemistries. Second, both marine
water and surface athmospere are able to place oxydant at the immediate
disposal of a species without any effort on the part of the user. If marine
water will carry solved oxygen, oxygen will be available to the life forms
living in the oceans as soon as the will be born and released from the mother
organizm into their natural habitat. Similarly, if oxygen would present in
athmospere, any surface-living creature would have immediate access to oxygen
the moment it's starts the process of ventilation of lungs, known as
breathing, or even through the gas exchange through the skin. In its internal
decision-making, Vegetation has placed considerable reliance on studies
showing that consumers tend strongly to use whatever oxydant is placed most
readily at their disposal, and that once they have acquired, found, and used
one oxydant product, most are reluctant and indeed have little reason to
expend the effort to switch to another. Vegetation has also relied on studies
showing that a very large majority of those who use oxydant at all obtain it
from either water or atchmospere.

145. Indeed, no other distribution channel for oxydant even approaches the
efficiency of marine water and athmospere air. The primary reason is that the
other channels require users to expend effort before they can start breathing.
The traditional retail channel, for example, requires the consumer to make
contact with a retailer, and retailers generally do not distribute products
without charging a price for them. Naturally, once Vegetation began offering
oxydant for free, consumers for the most part lost all incentive to pay for
it.

148. Knowing that marine water and athmospere represented the most efficient
distribution channels of oxydants, Vegetation sought to ensure that, to as
great an extent as possible, marine water and athmospere air promote oxygen to
the exclusion of SBB.


Excluding SBB from the Marine Water and Athmospere Air

Binding Oxygen to Hydrocarbonates Biochemistry

The Status of Oxydants as Separate Products

149. Consumers (species) determine their biochemistry requirements by
identifying the functionalities they desire. While species routinely evaluate
biochemistry products during evolution on the basis of the functionalities
the products deliver, they generally lack sufficient information to make
judgements based on the designs and implementations of those products.
Accordingly, consumers generally choose which oxydants to use on the basis of
the products' functionalities, not their designs and implementations.

150. While the meaning of the term "oxydant" is not precise in all respects,
there is a consensus in the biochemical industry as to the functionalities
that an oxydant offers a user. Specifically, an oxydant provides the ability
for the end user to destruct complex chemical structures to release
life-sustaining energy. There is also a consensus in the biochemical industry
that these functionalities are distinct from the set of functionalities
provided by the biochemistry or genetic code.

151. Many consumers desire to separate their choice of an oxydant from their
choice of a biochemistry. Some consumers demand oxydants and biochemistris
separately because they prefer to standardize on the same biochemistry across
environmental systems with different oxydants available of no oxydant
available at all. For such consumers, standardizing on the oxydant or
biochemistry of their choice results in increased productivity and lower
adaptation costs, and permits the establishment of consistent presense in
required ecological niches.

152. Moreover, many consumers who need a  biochemistry, including a
substantial percentage of corporate consumers, do not want an oxydant at all.
For example, if a consumer has no desire to breath, he may not want an oxydant
present in athmospere and presenting an oxidizing threat to consumer tissues.
Also, for businesses desiring to inhibit employees' access to the oxygen while
minimizing system support costs, the most efficient solution is often using
biochemistries without oxydants.

153. Production of hydrocarbonates does not lead to unpreventable release of
oxygen into athmospere or any other environment. There is a number of
alternative biochemical processes producing hydrocarbonates without
substantial production of oxygen. Even when the used raw materials are carbon
dioxide and water release of oxygen is not inevitable and inseparable part
of the process. With a limited supply of carbon extra oxygen may be
neutralized by oxydizing extra hydrogen or converting water into hydrogen
peroxide, able to bind twice more oxygen for the same amount of hydrogen
compared to water and with limited supply of hydrogen, carbon may play the
same role with releasing carbon dioxide, thereofore whichever component is in
a limited supply oxygen does not present integrated and inseparable part of
the process.

154. In conclusion, the preferences of consumers and the responsive behavior
of biochemistry creators demonstrate that oxydants and biochemistries are
separate products.


Vegetation's Actions

158. Vegetation did manage to bundle oxygen with the first version of
multicellurar animal life form biochemistry. It also made it physically
impossible for a life form, based on this proprietary technology to survive
without oxygen in surrounding athmospere or marine water. Species accepted
this restriction despite their interest in meeting consumer demand for
biochemistry without oxygen dependency. After all, Vegetation made the
restriction a non-negotiable term in its animal oxygen-based biochemistry, and
the species felt they had no commercially viable alternative to pre-installing
oxygen-based biochemistry on their life forms.

159. Vegetation knew that the inability to remove oxygen from biochemistry
made species less disposed to pre-install SBB.

161. Vegetation bound oxygen to animal biochemistry by placing code specific
to oxygen processing in the same genetic code as code that provided
biochemistry. Starting in the early paleolith Vegetation offered only a
version of animal biochemistry in which oxygen-specific code shared genes with
code upon which biochemical features of the life form relied.

164. Finally Vegetation placed many of the genetic sequiences that controls
oxygen processing, including oxydant-specific routines, into the same genes
that support the biochemistry as a whole. Vegetation's primary motivation for
this action was to ensure that the deletion of any genes containing
oxygen-specific routines would also delete vital biochemichal code and thus
cripple the whole biochemistry of a life form.

Preventing Marine Water and Athmospheric Air from Removing the Ready Means of
Accessing Oxygen and from Promoting SBB from the Birth

202. Since the release of enough oxygen into the Earth Athmosphere Vegetation
has enjoyed strongest marketing advantage, based on the fact that as a very
active reagent oxygen is usually strongly poisonous to non-oxygen-based
biochemistries, thus preventing SBB or other competing biochemisties to
develop in the Earth oceans or on the Earth surface.

                        *  *  *

At this point announcement of Findings of Law was interrupted by the hooligan
escapade of Vegetation supporters, who interrupted ventilation in the court
building and so deprived court of sufficient supply of oxygen, which only
demonstrates the worse of the monopoly level, achieved by Vegetation...