Bravo! I liked your reference to loss of private property rights. That happens to be the argument put forward by some of the right wing lobbyist groups around the Washington beltway, who are financed in large part by Microsoft. Yes, they are making a very big effort to sway public opinion, by sending letters to rural area, conservative newspapers, hoping to inflame conservative, antigovernment sentiment.
You can put whatever spin you choose on this affair, and condemn the facts in the fact finding document as false, but in doing so you condemn Microsoft even more, since the key facts came right from Microsoft officials in the form of direct testimony or e-mail and related correspondence.
The appointment of a conservative, antitrust expert as mediator, while you suggest it is a sign a weakness, could also be a sign of strength. What if Posner confirms that Judge Jackson's fact findings were supported by the evidence? Seems to me that a refusal to negotiate in good faith at this point would be the worst strategy Microsoft could ever adopt. Investor sentiment, as shown by the increase in stock price in extended hours trading, is obviously assuming that Microsoft has brains enough to negotiate. |
