How high will Microsoft fly? Message Board

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Technology Stocks : How high will Microsoft fly?

MSFT 478.52

-2.8%

3:59 PM EST

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To: Charles Tutt who wrote (38378)	2/23/2000 8:10:00 AM
From: SC	Read Replies (2) of 74651

I'm not a lawyer but I think that the copyright argument was inserted to allow an argument on appeal that opening the source code is not a constitutionally sustainable remedy. The argument that the microsoft lawyer was making was that taking of property by the government without compensation is not allowed due to a clause in one of the amendements in the bill of rights of the constitution of the united states(I think it's the 4th amendment). That being the case, theoretically at least, a law without the weight of a subsequent constitutional amendment can't over-ride this right granted by the constitution (at least that's the way it's supposed to work). You never know for sure until you get the Supreme Courts interpretation of how the constitution applies to the situation. There have been many instances where the logic of how the constitution applies has been so twisted that it appears that the Supreme Court can do whatever they want (most examples are related to states rights that were supposed to include everything not explicitly granted to the federal government in the constitution. The feds have grabbed many powers not granted to them by arguing that the interstate commerce clause makes whatever issue is at stake a federal issue and not a state issue.). The judge surely knows this and was simply playing a legal poker bluff when he said that he didn't understand the argument. The judge would desperately like this to be settled as it is a lose-lose-lose-lose (microsoft-judge-country-consumer) situation for which he wants no part of the blame. Steve

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