Judge Suggests U.S. Remedy for Microsoft
Is Inadequate nytimes.com
Meanwhile, for old times' sake, the good gray Times on the issue. Me and the judge are in agreement on this, I don't really see the point in setting up 2 monopolies in place of one. Reverting to past form, I quote only an amusing bit.
When Microsoft's turn came to promote its own proposed remedy, the judge asked no questions. And to Microsoft's request for a delay, the judge told a company lawyer: "I find it somewhat ironic that your client believes its travails will end at the court of appeals, and yet wants to spend more time in this court."
Also this amusing dialog on "open" software in the Microsoftese sense.
Along with the breakup plan it submitted to the judge, the government proposal includes several temporary rules to alter Microsoft's conduct while the breakup would be carried out. Mr. Warden complained that one of them, requiring Microsoft to divulge technical information on Windows to other software companies, was "confiscatory." It would require Microsoft to turn trade secret over to "all of our fiercest competitors" as well as "pirates and counterfeiters," he added.
A short time later, responding to Microsoft's complaints, the judge remarked: "I ask you if forfeiture is not a traditional, equitable remedy."
Oh, I can't stop myself. Back on the old subject of facts and law, there's some whistling past the graveyard here:
Microsoft officials were surprised and upset by the decision to close the record today. A few minutes after the hearing adjourned, William H. Neukom, Microsoft's chief counsel, said: "We had sought to have our day in court on remedies, but the judge has decided not to do that. So this case will now be decided at the court of appeals, and we will be raising issues of procedure in our appeal, as well as issues of fact and law."
Boo hoo. So, Microsoft blew its case in court, about as bad as anyone could imagine, and now the subordinate counsel thinks he's going to retry it all on appeal. Well, maybe, it's a legal issue. Of course, Microsoft has always preferred to argue everything but legal issues, but that's what happens when the chairman acts as his own attorney.
Cheers, Dan. |
