And if the states are GOING to be stupid, why worry about it?
Because the court may not recognize the stupidity of such an argument. Heck, even some smart technical people like Mr. Grygus don't recognize it ("That Windows XP Embedded thing is going to hurt, bad.").
Particularly if the states (and their experts) can correct some of the source code and produce a version of Windows with the .dll's split up into a more modular design. And a more easily replaced design.
Hmmm, perhaps you're right. As a professional software developer though, I get a pretty horrible feeling in the pit of my stomach when I picture a lawyer telling a judge, and then the judge telling Microsoft, what steps they must take in redesigning their products.
And for what purpose? Does anyone really think it would be a good idea to allow third parties to replace Windows components? Shouldn't Microsoft have the right to dictate at least the initial end-user configuration of their products? I mean, if I'm a PC vendor, should I have the right to preinstall Red Hat, remove a bunch of stuff and generally mess up the system, and still advertise my PCs as having Red Hat preinstalled?