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Technology Stocks : How high will Microsoft fly?
MSFT 414.22+0.7%Feb 4 3:59 PM EST

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To: Frank Ellis Morris who wrote (31455)10/31/1999 10:08:00 AM
From: John F. Dowd  Read Replies (1) of 74651
 
Frank: Easy now Tutt is the voice of reason as he knows how to equivocate. It dawned on me that the MSFT lawyers became distracted in this trial by the very format set up by the judge. That format was to encourage a trial by baseless accusation and MSFT fell into the trap spent too much time bringing in people to rebut these dumb allegations.

What MSFT should have done was to demonstrate how they did not abuse the trust the consumer had placed in them by establishing the MSFT hegemony in the O/S area. Had I been Mr. Warden and that lawyer from MSFT I would have shown by quantitative and qualitative argument how MSFT acted as if they were competing at all times.

A great example that makes this abundantly clear is the problem of backward compatibility. If MSFT was so arrogant why did they take such pains and no doubt countless delays and cost to incude as many of the legacy applications and peripheral drivers in their next O/S if they were abusing their de facto monopoly position. A real monopolist in the anti-trust sense would have just introduced the new system without regard to legacy considerations and would have forced the consumer to completely overhaul there software with each subsequent release. No MSFT did not take this expedient approach but rather spent great time and money to try and get it right for as many of the current owners of their products as was possible.

But given the style of the trial much like that presided over by the Queen of Hearts MSFT lawyers fell into the trap set by the DOJ and Jackson.

JFD
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