How high will Microsoft fly? Message Board

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Technology Stocks : How high will Microsoft fly?

MSFT 472.22

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3:59 PM EST

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To: t2 who wrote (32000)	11/6/1999 2:16:00 AM
From: RTev	Read Replies (1) of 74651

I thought the Bristol case was in Connecticut Sorry. You're right. I knew I should have double-checked that. I picked the wrong New England state. But the main point remains. Compared to a New England jury, a Utah jury might take a different look at the regional or local consequences of a case. I suspect that any jury anywhere would have decided in favor of Microsoft in a case like that brought by Bristol. But the Caldera case is different. And, significantly, Utah is a very different place from any New England state. The case does go way back beyond Windows, but their advantage is that they base it partly on the prior Microsoft anti-trust case which dealt with MS-DOS. The consent decree in that case helps Caldera in this case. Microsoft's lawyers could turn this into something of a Bristol-like case (which emphasized the litigiousness of the plaintiff) if they can convince the jury that Caldera bought the product from Novell mostly for the sake of this litigation. That part of it gets messy. Even if there is harm to Digital Research or Novell, there was little direct harm to Caldera. They bought the law suit, not the product. That part of it could help the jury decide against Caldera, if Microsoft's lawyers could concentrate on that. But the decision on the summary judgement motions indicate that the judge will guide them away from those arguments. It will remain an odd case, no matter what. But it's not going to help Microsoft to have this thing in trial while everyone is waiting for the final decision on the DOJ case.

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