On to the USSC!

Post #4,089 by mmoffitt 8/7/01 4:53:32 PM Reply	On to the USSC! [link\|http://cnnfn.cnn.com/2001/08/07/technology/microsoft/\|http://cnnfn.cnn.co...y/microsoft/] bcnu, Mikem
Post #4,100 by tonytib 8/7/01 5:40:09 PM Reply	Delaying tactic only -- they're desperate to get XP out
Post #4,107 by Brandioch 8/7/01 6:31:31 PM Reply	Even the Seattle Times is unfavourable. "Microsoft thought that it would have an easier time with the appeals court, since that court had ruled for the company in the past. The Justice Department wanted to go straight to the Supreme Court for the same reason. Now, their roles are reversed." Not to mention that they are FINALLY figuring out that MS could STILL BE BROKEN UP. "A federal appeals court in June upheld U.S. District Court Judge Thomas Penfield Jackson's ruling that the company was a monopoly but threw out Jackson's order breaking Microsoft in two, saying a new lower court judge should hold hearings to fashion a penalty, which could still include a breakup."
Post #4,115 by dmarker2 8/7/01 8:03:22 PM Reply	Microsoft! - the OJ of the high tech industry I am happy to let them rot in the swill of their own odium generated repeatedly over the years of DOJ attempting to rein them in. Gates can't help himself. Let the darma continue - there is only one long term outcome. Cheers Doug M
Post #4,118 by Ashton 8/7/01 8:16:41 PM Reply	Nuance or exquisite typo ?? (Dharma er darma)_____:-\ufffd Trans. from the Sanskrit: That which sustains, a firm code of conduct and duty (dhri, to hold, bear, support). In a metaphysical sense Dharma means laws of Nature that sustain the operation of the universe, inherent properties of elements, like 'the Dharma of fire is to burn'. And like Kerouac's The Dharma Bums and its milieu - perhaps the Dharma of Billy is also to burn, publicly - even have his very own coding displayed as.. amateurish! The final insult to Ego.. Cackle.. Cackle.. Cackle.. Cackle.. Cackle.. Cackle.. Cackle.. Cackle.. Cackle..
Post #4,298 by dmarker2 8/8/01 7:27:27 PM Reply	Re: Nuance etc: (NUP PURE Freudian slip) But seemingly well placed :-) Cheers Doug
Post #4,116 by Ashton 8/7/01 8:03:42 PM Reply	Any legalismos re "emergency speed" at USSC? Given the overweening Importance of Bizness and all, all those $ to be harvested reel soon next: Could USSC actually (make themselves) rule ASAP, maybe say in a few days? ~ Nah.. sonny, you've had yer chance and thought that the way to use it was to be sullen, soggy, hard to light - and to throw tantrums. Also to lie a lot about how your software 'integrates' so inextricably - till someone else separated it for us. Tough shit kid. Let Appeals find a suitable penalty. (above decision in language your mental age group understands). This - like that great ruling about a maritime-law case, posted __? with a Boffo judge a tellin it like it was, maybe with a touch o' WC Fields.. What are the chances (?) Hopeful for some Courtfotainment in Sonoma, August is so ennui-provoking ... Ashton the Just
Post #4,117 by dmarker2 8/7/01 8:10:26 PM Reply	Re: am willing to bet that USSC ... won't take the appeal. I strongly suspect that waffle about MS having a good case is the same piffle we have been fed all along about how MS will get off eventually thru the DC App court & how MS was hard done by with Penfield Jackson and how ....................... Ad nauseum Doug M
Post #4,129 by Brandioch 8/7/01 9:14:41 PM Reply	At this point, I don't know. Remember, the DoJ wanted to push for the Supremes 'cause they felt the CoA would take MS's side anyway. So, we have a MS friendly CoA still coming down hard on MS. So MS wants to go to the USSC? I'm overly biased, but if I were sitting on the USSC, I'd review the evidence and then ANIL THOSE FUCKERS! Even the reporters understand that MS is trying to work the system. The ONLY reason Microsoft wants this to get to the USSC is to DELAY any action. We'll see if they still respect justice or law in the USSC.
Post #4,131 by imric 8/7/01 9:24:18 PM Reply	brrrr We'll see if they still respect justice or law in the USSC. I'm almost afraid to see. Imric's Tips for Living Paranoia Is a Survival Trait Pessimists are never disappointed - but sometimes, if they are very lucky, they can be pleasantly surprised...
Post #4,171 by jb4 8/8/01 9:34:19 AM Reply	Re: brrrr It all depends on who wants to retire, and when <cynical sneer> jb4 (Resistance is not futile...)
Post #4,134 by a6l6e6x 8/7/01 9:33:00 PM Reply	I agree. The justice system is working and there is... no need to intervene. Judge Jackson break-up ruling was a way to get the arrogant lying MSFT bastards attention. He knew that when he made the ruling. MSFT is finally getting a clue and is just trying to stall. When the lower court judge is assigned, they'll seriously negotiate a remedy with DOJ and settle out of court with a "consent decree". I just hope it does serious damage to MSFT. Alex Only two things are certain: the universe and human stupidity; and I'm not certain about the universe. -- Albert Einstein (1879-1955)
Post #4,181 by Yendor 8/8/01 10:01:00 AM Reply	Re: I agree. The justice system is working and there is... When the lower court judge is assigned, they'll seriously negotiate a remedy with DOJ and settle out of court with a "consent decree". I just hope it does serious damage to MSFT. I'm not too sure I agree with this. The reason I say that is that I haven't seen much out of the states (not the DOJ) that says they're willing to settle. I think that, even though the DOJ appears to be leading the circus, it seems that the states (all 18 of 'em now) are in the driver's seat. The DOJ will follow the states' lead -- if they're not happy with a Consent Decree, then the DOJ won't necessarily settle. -YendorMike In order to understand recursion, one must understand recursion.
Post #4,238 by Andrew Grygus 8/8/01 2:27:07 PM Reply	The first settlement meeting adjourned . . . . . . without setting a date for another meeting. From this I presume the DoJ insisted that structural remedies were still in play. Microsoft had already said they would not negotiate if structural remedies were to be considered. The states will not accept negotiations without structural remedies on the table. End of settlement story. It's pretty clear this is going to be another Waco. The only way Justice will get a settlement is to go in with tanks, and Microsoft will elect self immolation in one form or another. [link\|http://www.aaxnet.com\|AAx]
Post #4,345 by jb4 8/9/01 9:38:13 AM Reply	Can I bring the marshmallows? jb4 (Resistance is not futile...)
Post #4,292 by a6l6e6x 8/8/01 5:51:48 PM Reply	You have a good point about the states. It does comlicate the process. But, at some point MSFT will realize that they are out of runway and begin to make concessions to avoid break-up. The states unanimity of position will at some point begin to crumble. No one will proclaim that a MSFT break-up is a goal in itself. Only the goal that MSFT end certain illegal monopolistic practices and begin other practices or actions, e.g. no bundling of products, no pre-announce of products, public disclosure of interfaces, etc. After a majority of states gets it's pound of flesh, the rest will fall in place. Perpetual bickering would only help MSFT because they could continue with their behavior. Alex Only two things are certain: the universe and human stupidity; and I'm not certain about the universe. -- Albert Einstein (1879-1955)
Post #4,130 by wharris2 8/7/01 9:19:02 PM Reply	USCC is going to decline And Microsoft will get another pie in face. Supreme Court usually doesn't rule on minutia like this. Maybe after the lower courts have broken Microsoft into a billion pieces, but not at this level. French Zombies are zapping me with lasers!
Post #4,150 by JayMehaffey 8/8/01 12:18:57 AM Reply	The only interesting part The only interesting part I see in this is that MS has carefully based this appeal on only the issue of Jackson's bias. This lets them lose, wait a week and then appeal again on the issue of law. I don't think the SC will take either case. There isn't a fundamental issue of law either way that would fall into the SC's natural domain. The only reason the DOJ went with the fast track to the SC in the first place was that it was afraid that the appeals court was baised towards MS. MS is taking every step it can now to delay the progress of this trial. Their obvious immediate goal is to delay things till after XP ships, But I suspect that they have finally realized that they are going to lose, and are doing everything they can to hurt others before the ax falls. The only possible positive side I can see from this is that MS's legal manuvering will look bad to whatever judge does end up rulling on MS's penalties. I wonder if the 7-0 vote at the appeals level reflects some anger on their part at being used by MS in a legal game. I can just see them being inclined to go for MS at the start, then actually reading the trancripts of the trial and finding that MS wasn't telling the truth about anything ever. Jay
Post #4,152 by Ashton 8/8/01 1:01:29 AM Reply	Yes, judges happen to be human too (!) I'd almost forgotten that.. How would this-all look to someone who's spent maybe 2/3 of a life in earnest faith in a system based upon - telling truth (under certain circumstances) and reciting only sustainable facts, at least in court - then seeing the replay of the M$ video demo about the indissolubility of Windoze/Explorer - then the 98-lite demo later on. Note next the inoperable version which M$ produced in answer to a court's order! Here is a person dedicated to the Opposite of all they stand for: bizness as a succession of lies and thefts of others' work. And smug about everything! May they see starkly: the insufferable twit + a litany of documented 'harm to others' (view closely his juvenile in-court pouting and disdainful behavior) then.. Nail. The. Sucker. I do want to believe that it could.. happen. I think that requires, as you suggest - that they remember they Are human and that their visceral response may well be the just response, all things considered.
Post #4,687 by Fearless Freep 8/11/01 10:22:59 PM Reply	Microsoft's New Legal Strategy (it just might work) REDMOND, WA -- Microsoft announced last week that it would be appealing the anti-trust verdict rendered against it by Judge Jackson, and upheld by the U.S. Circuit Court of Appeals for the District of Columbia, to the United States Supreme Court. Humorix sources close to the Microsoft legal team inform us that Microsoft is planning a secret new legal strategy. They plan to argue that recently surfaced evidence will prove once-and-for-all that the software giant is not guilty of anti-competitive behavior... by reason of insanity. They plan use the MPEG video of Steve Ballmer from an internal Microsoft event[1] as their primary piece of evidence. Humorix legal consultant, Noah Morals, had this to say when asked about Microsoft's new legal strategy: "It will never work. You cannot use insanity as a defense for anti-competitive behavior in a US court of Law. Believe me, I've tried it." When asked about whether this is just a delay tactic, Morals responded, "If it is, it's a poor one. They'll be publicly humiliated when they get laughed out of the courtroom... I know I was! If Microsoft is really, seriously thinking about this, they're insane! That will be $250 for this consultation." After viewing the Ballmer video himself, Morals added "I changed my mind, they can pull this off, it's brilliant! That's another $60 you owe me." A Microsoft spokeswoman who asked not to be named said that she knew nothing about this new legal strategy, but denied that the company has lost its marbles. "No, I can firmly say that all of the marbles are in still in vases scattered around the reception area for decorative purposes, just as they've always been." [1] [link\|http://www.discoman.net/monkeyboy/dancemonkeyboy.mpeg\|http://www.discoman...nkeyboy.mpeg] Jay O'Connor "Going places unmapped to do things unplanned to people unsuspecting"
Post #4,696 by Andrew Grygus 8/11/01 11:35:26 PM Reply	With B & B as evidence, how can they lose? Tactically, a brilliant strategy, but strategically flawed. That is, flawed from Microsoft's perspective. The Department of Justice will side with Microsoft on this and present evidence of schizophrenia, multiple-personality disorder, paranoia, autism, and (from evidence gathered from hard disks at Microsoft facilities) serious sexual aberations. The courts will agree and remand Microsoft to the care of the Department of Health and Human Resources. A 16 foot razor wire fence will be erected around the Redmond campus, which will be renamed "The Redmond Rest Home for Victims of Technology Stress", and all Internet access will be cut off. Cafeine and sugar will be banned from the facility. Prozac and Ridilin will replace Twinkies and Jolt Cola in the vending machines. All software will be removed from the computers and be replaced with the Sticky Bear series. The world will heave a sigh of relief, and go on with business. [link\|http://www.aaxnet.com\|AAx]
Post #4,750 by a6l6e6x 8/12/01 2:16:53 PM Reply	ROFL! Alex Only two things are certain: the universe and human stupidity; and I'm not certain about the universe. -- Albert Einstein (1879-1955)

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