California and NY may not like it either.

Post #8,056 by brettj 9/9/01 10:59:47 AM Reply	California and NY may not like it either. But then again, no one yet knows what is in the wind. If a settlement has teeth and retribution is made, then maybe that would be a good thing. Does anyone here believe that Microsoft would agree to anything that they couldn't snake around? Nah, not likely. Thus some of the states may need to turn up the heat and make sure that the playing field gets leveled somewhat in case the DoJ turns victory into defeat by not demanding appropriate and sufficient remedies/penalties in order to stop Microsoft's monopoly crimes. With all the power Microsoft is accustomed to, letting the DoJ take some of it away is not something Microsoft will just hand over on a plate. In fact they say that it is business as usual, even today. That kind of arrogance is bound to take it's toll sooner or later. What comes around goes around. (: My take on this whole trial is that the longer Microsoft is under the Microscope and their under-handed anti-trust violations are getting exposed, the better for consumers and businesses that would like new and innovative solutions to better solve their computing needs. We've already seen signs that companies are starting to embrace alternatives, especially in the Fortune 500 ranks. Timing is everything and as long as Microsoft's hands are tied for just a few more internet minutes then maybe true competition can gain a foothold in the software industry again. Maybe I'm just dreamin? [link\|http://www.infoworld.com/articles/hn/xml/01/09/07/010907hnmsstates.xml\| Two states may seek separate Microsoft remedy ] By Matt Berger September 7, 2001 5:52 pm PT TWO STATE ATTORNEYS general who are plaintiffs in the U.S. government's antitrust suit against Microsoft Friday said they may press for more harsh remedies to impose on the software giant if they are not satisfied with the penalties sought by the Department of Justice. .... In the statement Friday, the two state law enforcers said they are "committed to pressing the trial court for stringent remedies." Although they pledged to continue working with the federal government, they noted that they would, "if necessary to protect the public, press for remedies that go beyond those requested by the Department of Justice." The latest twist in the ongoing legal battle could be part of a strategy by the plaintiffs to put pressure on Microsoft, one legal expert said Friday. "There are a couple of ways it could play out," said Emmett Stanton, an antitrust attorney at Fenwick & West in Palo Alto, Calif. "If the Justice Department negotiates a deal with Microsoft, [some] states might not sign on to that, and then [those] states would continue to litigate. "There is also sort of a good cop, bad cop potential here," Stanton added. "A cynic could think the Justice Department could use this to get Microsoft to agree to [a stringent settlement]." If the Justice Department does end up settling with Microsoft out of court, Friday's statement suggests California and New York may continue to fight Microsoft in a District Court in the same way the 18 states and the Justice Department remained parties in the lawsuit after New Mexico's attorney general announced that state had settled with Microsoft.
Post #8,062 by Ashton 9/9/01 7:00:02 PM Reply	Dream on.. You appear to think that there is some semblance.. of a desire for Actual Reform\ufffd, at high enough levels for that to be pursued and won. Hah! There is ONLY 'a desire for the issue to go away' / for the 'market' to continue concentrating those $ to a higher density than ever before: THAT is the aim and the by-far most LIKELY scenario actually operating - the venting of spleens in occasional press stories: deemed an adequate blow-off of steam so that the $$ machine may resume its trash compaction. As always before.. As with previous er Consent.. Decrees.. (er "will you please play Nice now?" Yes, I promise. "OK". Bye. ZZZZZzzzzz) Moto perpetuo. There is no remotest 'consensus' re this entire scam/industry; the 'opponents' sense of ethics by now matches Billy n'Bally (take a look at the performance re toxics and sweatshop conditions in Silly Valley: then, now - all along). There is no consensus ergo there is no ORGANIZATION capable of defusing UCITA, DMCA-1 and soon: DMCA-2. Just petulant infighting, name-calling and Induhvidual Ego-preening: then.. and today. All the energy is wasted in little, 'private fora' like this one, as the few, the quite-few consolidate their degrees-of sub-monopoly -- as has made them very very rich. Squabbling over an extra $100M is just for the appearance of 'outrage', for the press, as drama for the consumption-besotted non-voting, techno-ignorant 'citizens' and for YOU: All have sucked at Billy n'Bally's engorged teats - since the beginning. Every PHB WANTS er "Single Supplier It's So Much EZier". Period. Ya don't need a Weatherman to tell which way the wind blows ... the mere proposed! 'DMCA-2' legislation measures it at: Full Gale and Increasing Call it our very own Compassionate Fascism or whatever you like.. deSitter Gets It: ""IT"" is enroute to final slime-pot and minimum wage for all but [You Guessed It] the 1? 3%? whose knowledge actually IS both subtle and wide (and absolutely essential) -- who shall manage the new drone class. As with Medicine/HMO; as with Jails/Corporate, as with Ed-ja-Kay-shun/Corporate/TV-1 (and "vouchers' to mollify the disenchanted. All Faith-based, ya betcha!) The French aren't the only repositories of gems. The Germans have a few too: Gehabt Kindern I'll be quite pleased to be proven 180\ufffd Wrong. Bets?
Post #8,066 by brettj 9/9/01 8:36:00 PM Reply	Is it foolish to think that justice will prevail?! Perhaps, but since all the Judges have ruled that Microsoft has broken U.S. AntiTrust Laws, it seems only logical that Microsoft should have to face the music, if not in this country then abroad. Will that happen next? Look how many surprises we've had so far. We all sorta thought MSFT would roll to an easy victory over an ineptly untechnical court system but it has not turned out that way to date. The courts seem to understand the stakes and have reacted appropriately, so far. Does anyone disagree?
Post #8,069 by Andrew Grygus 9/9/01 9:35:10 PM Reply	I goofed on that one . . While reorganizing the editorials on my Web site, I glanced at [link\|http://www.aaxnet.com/editor/edit005.html\| Tried, Guilty Sentenced]. On what the Supreme Court might do if Justice asked it to intervene, I marked "Send the case down to the appeals court" as "worst case". In fact, that's what they did and it could hardly have been better. A libertarian leaning, pro-business court known to have favored Microsoft in the past tried it with all 7 judges and unanimously upheld 8 counts of conviction for monopoly abuse, set aside the "tying" issue but told the DoJ how to win it if they chose to pursue it, and set-aside a somewhat tainted verdict while indicating even breakup was still on the table during retrial. The big unknown now is the new judge. Not enough anti-trust track record to predict. We'll have to wait and see, but I'm betting Microsoft will manage to offend her right off at the start - imply she's unqualified, ignore her orders, submit in the wrong format, or some such. [link\|http://www.aaxnet.com\|AAx]
Post #8,218 by jb4 9/11/01 9:20:25 AM Reply	Under a microscope... My take on this whole trial is that the longer Microsoft is under the Microscope and their under-handed anti-trust violations are getting exposed, the better for consumers and businesses that would like new and innovative solutions to better solve their computing needs Maybe, instead of a microscope, they should use a proctoscope... jb4 (Resistance is not futile...)

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