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
