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Microsoft Ruling On Hold - Still Talking

Posted by ryuzaki0 on from the negotiate-away dept.

Bahwi was the first to write with the news that Microsoft and the Government are still talking, at Judge Jackson's suggestion. So, it looks as if a settlement may still be reached.

3 of 180 comments (clear)

  1. Re:Question... by Kaa · · Score: 5

    Is it possible, under any circumstances, for Mr. Gates to be charged criminally? Is there any crime which he has committed for which he could go to jail?

    And why, pray tell me, you are so interested in sending Mr.Gates to jail? He may be very successful and very obnoxious, but these are hardly reasons to incarcerate him. You may think he harmed software development, but that again is a personal opinion of yours and hardly a crime. Besides, there are plenty less successful but just as obnoxious people -- should they all go to jail, too?

    Kaa

    --

    Kaa
    Kaa's Law: In any sufficiently large group of people most are idiots.
  2. Re:Settle now, or else. by konstant · · Score: 5

    You are very mistaken.

    This is a clear signal from the judge to Microsoft: settle now, or else. He's tried to get Microsoft to settle, even bringing in another Federal judge to mediate, which is very unusual. But Microsoft hasn't been willing to make any changes that would end their monopoly power

    I don't know any more than you do what was included in the settlement proposal MS faxed to the DOJ last Thursday/Friday, but rumored inclusions were opening the Windows (version?) source and dis-integrating IE from the OS. These are not concessions that would terminate their monopoly power probably, but a monopoly is not intrinsically illegal. The offer is nonetheless very substantial and would certainly give our competitors a vast advantage over us if it were accepted and drafted into practice.

    You appear to take the stance of the DOJ - you won't consider any offer from MS an acceptable "compromise" unless it makes provision for legal oversight of future business decisions or a breakup. However, that is not a compromise - it is an utter rout for MS. Such a bargain does not differ from the DOJ's hardline stance one iota, and no reasonable person could suggest that it would be anything other than capitulation.

    Furthermore, the judge has delayed the ruling at the request of the DOJ lawyers, clearly indicating that the DOJ believes there is life yet in the settlement process. Or, more cynically, they desire to portray themselves as the wounded party if settlement talks fail (sigh, we tried your honor, but bad old Microsoft...) Either way, the judge is expressing no clear opinion with this latest delay.

    Microsoft has had their day in court, and soon the judge will decide their fate. Only the Supreme Court can override him, (there's a provision in antitrust law that fast-tracks big cases to the Supreme Court, bypassing the circuit courts of appeal)

    Again, incorrect. There is a provision stating that the DOJ could petition the Supreme Court for direct review, but it is by no means certain. A district court judge could very well overrule Jackson.

    Legal opinion is generally that Judge Jackson has done an excellent job on a difficult case.

    That doesn't necessarily mean a superior court will rule with him. Remember that MS and the DOJ have confined themselves largely to arguments on the evidence of the case and a smattering of theory. In a higher court, the debate turns to matters of constitutionality, which Jackson doesn't even have under consideration.

    This is Microsoft's last chanced

    With this judge. They are many more to come should this process be protracted. The story is most certainly not concluded, unless a settlement is reached.

    -konstant
    Yes! We are all individuals! I'm not!

    --
    -konstant
    Yes! We are all individuals! I'm not!
  3. Settle now, or else. by Animats · · Score: 5
    This is a clear signal from the judge to Microsoft: settle now, or else. He's tried to get Microsoft to settle, even bringing in another Federal judge to mediate, which is very unusual. But Microsoft hasn't been willing to make any changes that would end their monopoly power. This is Microsoft's last chance. The judge is making them show the world they're unwilling to change on their own. Among other things, that neutralizes many political arguments against a breakup. Microsoft will be looked upon by politicians as a business that refused to compromise and forced the courts to break them up.

    Microsoft has had their day in court, and soon the judge will decide their fate. Only the Supreme Court can override him, (there's a provision in antitrust law that fast-tracks big cases to the Supreme Court, bypassing the circuit courts of appeal) and only for serious legal errors. Legal opinion is generally that Judge Jackson has done an excellent job on a difficult case. This case has been so closely watched that any legal mistakes during the trial would have been noticed and widely publicized, so the Supreme Court will affirm.