I've read the complaint and these guys are serious - please understand your potential liability before you post download links or otherwise offer to help distribute this material.
Just because these people are only asking for injunctive relief at this point is no guarantee that they won't come back to these defendants or does later if they can demonstrate damages. The complaint makes it clear that the Plaintiff is willing to monitor web sites such as slashdot and make note of nicknames or other identifying information and offers to distribute this material. If Plaintiffs subpoenaed your information from slahdot pursuant to a lawsuit, they would be compelled to provide it. Your posting on slashdot could and would be used to demonstrate your knowledge of the circumstances of the case and your malicious intent in offering to distribute the material.
All of you that "have the money to withstand a lawsuit" are the ones that are most likely to replace a "doe" in a future pleading.
Unless you have been involved in litigation, it is nearly impossible to imagine the effect it will have on your life.
It is an individual choice for each of you how you are going to repond to this matter, but please make an informed choice. Decide if this is really the battle you want to be involed in and if you are willing to be subjected to the civil litigation process for this cause.
If and when MS is carved into two or more companies by the US courts, which one of those entities will Bill Gates chose to be involved with? It is inconceivable that the court would allow him to participate in more than one of the companies (remember that for the purpose of establishing monopolistic practices of a company that two companies with common directors qualify). The company that Bill choses to run (if any) will certainly reflect his view of the future of computing. I'm taking bets that it will not be Windows he's interested in.
It is well settled that as a remedy for discouraging monopolies, the courts may order that certain companies not have common board members or officers. If MS is broken up, Bill Gates and other principal members will not be allowed to participate in more than on of the new companies (in my opinion of course). To the extent that the court feels that Bill Gates, or Bill Gates in concert with some small defined group, is largely responsible for the mentality that has resulted in the past acts of abuse, what is the probability that Bill Gates or other will be excluded from participation in any of the new companies or in MS if it remains intact? Bill-
Please excuse my re-post of this question - I noticed that all anonymous cowards are getting 0 scores and I really do want my question considered. Also please excuse the format as I am new at this and don't yet know how to format a reply. My question to the attorneys concerns the likelyhood of MS getting relief from whatever orders the District Court may issue pending their inevitable appeal should a non-stipulated final judgment be entered. I know that if insignificant little me moved for a stay of execution of judgment or injunction pending an appeal of the order, I would have to either show irreparable harm and some certainty of prevailing on appeal - or I would have to post a bond sufficient to ensure disposition of the judgment should the appeal fail. Given the meticulous FOF filed by the District Court, I think it is unlikely that the court will make any glaring errors in its COLs or final judgment - nor do there seem to be any novel questions of law or matters of first impressions. I therefore can not imagine how MS will get a stay without posting a bond. What bond amount can possibly ensure the disposition of the probable orders? If you were MS's attorney, what would be your strategy for getting relief pending appeal? What would you advise MS on your likelyhood for obtaining said relief? Bill-
Slashdot Mirror
I've read the complaint and these guys are serious - please understand your potential liability before you post download links or otherwise offer to help distribute this material.
Just because these people are only asking for injunctive relief at this point is no guarantee that they won't come back to these defendants or does later if they can demonstrate damages. The complaint makes it clear that the Plaintiff is willing to monitor web sites such as slashdot and make note of nicknames or other identifying information and offers to distribute this material. If Plaintiffs subpoenaed your information from slahdot pursuant to a lawsuit, they would be compelled to provide it. Your posting on slashdot could and would be used to demonstrate your knowledge of the circumstances of the case and your malicious intent in offering to distribute the material.
All of you that "have the money to withstand a lawsuit" are the ones that are most likely to replace a "doe" in a future pleading.
Unless you have been involved in litigation, it is nearly impossible to imagine the effect it will have on your life.
It is an individual choice for each of you how you are going to repond to this matter, but please make an informed choice. Decide if this is really the battle you want to be involed in and if you are willing to be subjected to the civil litigation process for this cause.
Your Pal,
Bill
Isn't FDISK a MS utiltiy??
If and when MS is carved into two or more companies by the US courts, which one of those entities will Bill Gates chose to be involved with? It is inconceivable that the court would allow him to participate in more than one of the companies (remember that for the purpose of establishing monopolistic practices of a company that two companies with common directors qualify). The company that Bill choses to run (if any) will certainly reflect his view of the future of computing. I'm taking bets that it will not be Windows he's interested in.
It is well settled that as a remedy for discouraging monopolies, the courts may order that certain companies not have common board members or officers. If MS is broken up, Bill Gates and other principal members will not be allowed to participate in more than on of the new companies (in my opinion of course). To the extent that the court feels that Bill Gates, or Bill Gates in concert with some small defined group, is largely responsible for the mentality that has resulted in the past acts of abuse, what is the probability that Bill Gates or other will be excluded from participation in any of the new companies or in MS if it remains intact? Bill-
Please excuse my re-post of this question - I noticed that all anonymous cowards are getting 0 scores and I really do want my question considered. Also please excuse the format as I am new at this and don't yet know how to format a reply. My question to the attorneys concerns the likelyhood of MS getting relief from whatever orders the District Court may issue pending their inevitable appeal should a non-stipulated final judgment be entered. I know that if insignificant little me moved for a stay of execution of judgment or injunction pending an appeal of the order, I would have to either show irreparable harm and some certainty of prevailing on appeal - or I would have to post a bond sufficient to ensure disposition of the judgment should the appeal fail. Given the meticulous FOF filed by the District Court, I think it is unlikely that the court will make any glaring errors in its COLs or final judgment - nor do there seem to be any novel questions of law or matters of first impressions. I therefore can not imagine how MS will get a stay without posting a bond. What bond amount can possibly ensure the disposition of the probable orders? If you were MS's attorney, what would be your strategy for getting relief pending appeal? What would you advise MS on your likelyhood for obtaining said relief? Bill-