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Technology Stocks : How high will Microsoft fly?
MSFT 477.74-2.5%Dec 3 3:59 PM EST

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To: Brian Malloy who wrote (34496)11/20/1999 7:27:00 PM
From: Alan Buckley  Read Replies (2) of 74651
 
Must admit Judge PJ blind-sided me with this Posner appointment. The guy seems light years away from Lawrence Lessig, the judge's previous attempt at hired expertise. I imagine the Appeals court nixing Lessig has something to do with it, as they can hardly object to a fellow judge. Still, I understood it was application of the "special master" mechanism that was overturned, rather than Lessig specifically.

I'm suspicious PJ may simply be covering his butt for the appeal. After all, Posner has no real power here to decide anything and PJ comes out smelling less biased for appointing him.

I guess we can hope Posner will put the fear of coming up empty on appeal into the DOJ. In a sense, it's all down-hill for them now as they're unlikely to ever get a more decisive ruling than they already have. Did they all get enough media face time to feel they can claim victory, make a deal and run?

Well, I'd say no. There still is just no common ground at all. The only thing I can imagine is something where MSFT trades broad source licensing of Win98 (not Win2K) and maybe uniform OEM pricing for not being branded a monopoly.

It's my guess, though, that nothing will come of these talks except some screaming headaches for poor Posner. However, it will be nice to have some optimism in the news for a change.
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