AOL vs Microsoft: Rough justice or sour grapes?

This week's move by AOL to sue the monopolistic Microsoft for 'bullying' Netscape into submission back in the 90s feels like a case of trying to shut the gate after the horse has well and truly bolted.

But why not try to get back some of the money it thinks Netscape lost as a result of the software giant's anti-competitive practices?

There is no doubt Netscape lost the browser wars, and - given that Microsoft was indeed found to have abused its dominance in the desktop market to get a foothold in cyberspace - you could defend its decision to go for the jugular now, several years down the line.

But the timing does smack of opportunism. The case against Microsoft started way back in 1995 - AOL didn't buy Netscape until 1999 by which time, the case - and indeed technology - had moved on and was not merely about browsers.

Instead, it was about business practices, dealings with OEMs and whether or not users had real choice. The case was settled last June (although wranglings over the settlement are ongoing).

But AOL has waited until now to take action. Why? Well, for a start AOL has been cosying up to Microsoft of late. It recently concluded a deal to have its ISP software bundled with Windows as part of the online services now available to Window users. You can't climb into bed with someone and then bash them over the head with a heavy object. Can you?

Well, maybe you can if you want a third party (i.e. the US government) to go to the hassle and expense of proving something you've alleged all along. And you certainly can if you are planning to buy a company such as Red Hat - the open source vendor AOL has denied being in talks with, but you know what they say about smoke and fire.

So AOL's move is opportunistic, certainly. But it's also perfectly legitimate.

Netscape was (as Larry Ellison has so elegantly put it) killed off by Microsoft - and according to the Department of Justice illegally so.

So maybe it's just schadenfreude that Microsoft could end up paying AOL to organise Netscape's wake - or, indeed, to allow it to buy more companies which may or may not compete with Microsoft&