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Technology Stocks : MSFT Internet Explorer vs. NSCP Navigator
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To: Daniel Schuh who wrote (21138)10/27/1998 1:11:00 PM
From: Gerald R. Lampton  Read Replies (2) of 24154
 
Just follow the Boies:

cbs.marketwatch.com

It looks to me like it's all a big conspiracy to entrap Microsoft into trying to fix the market, and Microsoft fell right into it, poor victims that they are, as evidenced from this "choice cut":

Boies also cited a written pre-trial testimony by Chris Jones, a Microsoft participant in the June 1995 meeting who was asked if the parties discussed carving up the software market.

"There was a discussion of that nature -- yes," Jones said in his deposition.

Maybe Microsoft just doesn't care whether this judge believes their case du joir or not. They already have minimal credibility in his eyes, and switching trial strategies in mid-stream and coming up with wild conspiracy theories are not exactly the kind of tactics that will enhance that credibility.

It looks like Jesse is right: they think they're going to be rescued on appeal. I hope for their sake they have some really good appellate lawyers, because they are going to need them. There is nothing more pathetic than watching some trial lawyer from the big law firm attempting to retry his case on appeal or, even worse, an otherwise competent appellate lawyer trying to resurrect an issue which he knows he is going to lose because the trial lawyer forgot to make an objection or did not make a good record in the trial court. But the worst ones of all are the ones who ask the appellate court to re-weigh the evidence.
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