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Misrepresentation in DOJ's Response?

Robb Timlin asks: "Ok, so I'm checking over the DOJ's response to the public comments, and I notice they reference mine, among others, in Paragraph 149 (footnote 162): '149. Section III.B is limited to the twenty OEMs with the highest worldwide volume of licenses of Windows Operating System Products. Some commentors criticize this limitation, arguing that it leaves Microsoft free to retaliate against smaller OEMs, including regional "white box" OEMs.(162)' Problem is, I never said anything like that in my comment! Now it could be a simple error, or it could be deliberate misrepresentation of what I had to say (my criticism of Section III.B of the RPFJ centered on allowing MS to provide rewards to OEMs who toe the line, in lieu of retaliating against those that don't). A friend of mine urged me to bring this to the attention of somebody official, but who?"

"Anybody have any idea as to whom I should contact (if anyone)? The DOJ? State AGs still litigating? The judge's office? (E-mail addresses would be greatly appreciated - there's not much time before the hearing!) I haven't much of a clue when it comes to legal stuff; all I know is the RPFJ stinks and I did my part to fight it, and now I see my effort misrepresented.

By the way, anybody else here who commented might want to check if they're cited in the DOJ's response, and if it actually addresses what you said and not something completely different. If it's just one instance, it could be an honest error. But a pattern of misrepresentation would be a very serious matter indeed.

Thanks!

18 comments

  1. What you have to realize ... by Daniel+Dvorkin · · Score: 3, Flamebait

    ... is that it doesn't matter what you said. The DOJ did a deliberately slapdash job of assembling and responding to the comments because ... wait for it ... they don't care. They've been determined to let Microsoft go with a slap -- no, not a slap, a gentle pat -- on the wrist ever since GWB took over the White House. You could have written a letter saying, "I have absolute proof that Bill Gates eats babies for breakfast and Steve Ballmer is really Osama bin Laden," and they'd still have written (in Word, on their Windows PC's) "That's our settlement and we're sticking by it."

    --
    The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  2. Remember... by wholesomegrits · · Score: 2, Interesting

    This is the Bush administration. When they're not jerking off on ways to kill people with bombs, hiding in underground bunkers, or throwing out all scientific evident pointing to global warming, they're cutting the leashes on as many monopolies as possible. Unfortunately, when Ashcroft is all about restriction of government FOIA requests, I doubt that there's anyone who can help. It's too late.

    --
    No sig is worth reading.
  3. Respect! Props! Give it up for Robb! by proxybyproxy · · Score: 1

    ... or whatever it is they say on Mtv.

    I hope somebody else can sort out the legalese for you. All I have to offer is a thank you for taking the time to write such an excellent letter.

    Hopefuly there are a few you out there feeling bad you didn't do your part and submitted your comments... I know I do.

    Thanks again and keep us posted.

    --

    Hurra for Knark!
  4. DOJ fails to acknowledge my comment by Ivan+the+Terrible · · Score: 1, Redundant

    I mailed my comment to the DOJ on Wed, 23 Jan 2002 05:12:11 -0800. They have not acknowledged it, according to their alphabetical list of commenters.

  5. Let the litigating states know by John+Q.+Public · · Score: 3, Informative

    I've been contacted twice by my litigating state Attorney General's office (California) and have found them very interested in misbehavior. Duh. They are quite active in pressing this on, and any weapons you can give them will be very good. Now, they may decide that there is nothing to use but at least they will have looked at your information and seen if it can be a hammer in their hands.

    I'd suggest using your own personal state address if you're a resident of the 9 sane states... you will be able to get their attention easier.

    Good luck!

    1. Re:Let the litigating states know by MindStalker · · Score: 3, Funny

      Yea, my AG is also VERY interested in "misbehavior" too. Maybe my AG can meet your AG and misbehave together. -wink wink nudge nudge- say no more.

  6. This may not be evil incarnate... by polymath69 · · Score: 1
    Most likely, someone else said what you've been incorrectly credited as saying, and the DOJ just got the attribution wrong. There were thousands of comments, after all.

    I sympathize with your annoyance, but I'm not sure whether a lot of effort is called for in bringing this to the government's attention. The misattribution doesn't seem all that germane to the case, but it's natural that you feel frustration. One wants to receive proper credit for one's ideas.

    --

    --
    I don't want to rule the world... I just want to be in charge of mayonnaise.
    1. Re:This may not be evil incarnate... by gmhowell · · Score: 2

      That's acceptable if just referring to 'the arguments'. But when a specific argument is cited in a footnote as backing a particular point... It is a little more than 'bad attribution'. Especially considering this a document by/for lawyers. Attribution is everything.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
  7. as others have said by /dev/trash · · Score: 0, Troll

    Public comments mean nothing. Get over it.

  8. What exactly is your complaint here? by neitzsche · · Score: 1

    I don't understand what you wish to complain about. They summarized your complain with very slightly harsher language. SO WHAT?

    You said you were worried that your competitors would be rewarded. That *is* the same thing as punishing you.

    --
    "God is dead." - Frederik Nietzsche
  9. Re:This is fishy... by nelsonal · · Score: 1

    I think its because its not on the default front page (which all the lurkers and people who don't change their settings see), rather you have at least ask slashdot as one of the topics that always appears on the front page. If that is what it is, than it's the editors decision, and there have been quite a few articles on microsoft's anti-trust case in the past few days, and quite a few lawsuit related stories today.

    --
    Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
  10. in other news by Anonymous Coward · · Score: 1, Funny
    "local resident Rob Timlin found dead; apparent suicide by nasal insertion of a 21" monitor."

    Be careful out there.

  11. Re:This is fishy... by gmhowell · · Score: 1, Offtopic

    Because teddy bears with five port hubs crammed into them generate more hits.

    --
    Jesus was all right but his disciples were thick and ordinary. -John Lennon
  12. model of a major modern general :) by Anonymous Coward · · Score: 0

    your tax dollars hard at work creating more paper trails so they can hike up the taxes a bit more :)

  13. Brining Back Memories of College Classes by The+Donald · · Score: 1

    Prof: Don, I checked your citations in your thesis. There are a few that are incorrect.
    Don: Hey, I did just as good of a job as the Department of Justice! If the government can't get it right, why do I have to?

    --
    You know who I think is crazy? All my ex-girlfriends!
  14. Hmmm, reminds me of High School debate class... by Max+Hyre · · Score: 1

    ...in which less-scrupulous team members would make up citations out of whole cloth, knowing no one would care enough to actually consult them.

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    I refuse to believe corporations are people until Texas executes one. -- desert rain on http://www.dailykos.com/user/
  15. Thanks, and what I did... by Anonymous Coward · · Score: 1, Informative

    Ok, I missed the posting completely since it didn't show up on the main page, but I wanted to thank those that responded.

    I ended up e-mailing the DOJ (at both the main Antitrust and the MS Case addresses) notifying them of the error and requesting that it be fixed. I've not heard back yet (it's been three days).

    I'll give them a couple more days then contact them again. If they continue to ignore it, I plan on sending a letter to the Clerk of the D.C. District Court notifying them of the error AND the DOJ's apparent refusal to acknowledge and correct it.

    Unfortunately, I don't live in one of the litigating states, else I would contact my AG. Thanks to John Q. Public for CA's address for the case though - it's the first contact info I've seen for the states.

    The reason this bothers me is they're effectively putting words into my mouth in Federal Court. That's wrong no matter how you look at it. They could just delete the reference to my comment and I'd be satisfied.

    Oh well. If anything does happen, I'll post here (if anybody's around to read it!)

    -Robb Timlin (I'll create an account one of these days...)