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Technology Stocks : How high will Microsoft fly? -- Ignore unavailable to you. Want to Upgrade?


To: t2 who wrote (24753)6/23/1999 4:26:00 PM
From: RTev  Read Replies (2) | Respond to of 74651
 
In any case, MSFT lawyers have done a good job in the rebuttal phase, IMHO.
Too bad Lacovara was not running the show in the first phase.


I agree on both points. Lacovara (whose name I misspelled the other day), especially, seems to have come into his own in this phase of the trial. I suspect that he's earned the right to take a primary role in molding the company's judgement briefs. [Hmm. On the edit screen, that sentence looks almost suggestive, but I'll let it go even though I can hear Austin Powers saying "Yeah, baby!"] He clearly did a good job of preparing Schmalensee for testimony this time.

On the WalMart analogy: The Slate diarist for the trial suggested the other day that this is a case in search of a metaphor. None of the suggestions has worked. This is yet another deeply flawed analogy.

Today's Slate story on yesterday's proceedings explains why we didn't see any reports until late in the day: They spent the morning reading AOL documents into the record:
slate.com

And the writer's take on the afternoon proceedings that were the subject of the stories that finally appeared:

Nothing is happening except that Microsoft's final rebuttal
witness, Dean Richard Schmalensee of the Sloan School of
Management at MIT, is making funny faces. Sullivan & Cromwell's
Michael Lacovara will ask him how some of Microsoft's teeny
weeny rivals are doing. Schmalensee will screw up his Basil
Rathbone face into something approximating rapture as he
enthuses about how well Linux is doing ("big investors") or
about the future of the "open source movement" ("fascinating,
fascinating"). He seems more concerned about calibrating the
correct balance of euphoria and academic dispassion on his
face, than he is with the substance of his answer.


And then finally, there's this. It's an epiphany experienced by Dahlia Lithwick, the Slate writer, after too many hours on the hard seats of Jackson's courtroom:

The evangelical language is no accident. Microsoft is 
a secular church and Microsoft is on a crusade. Microsoft
is impelled by the genuine conviction that in bringing its
beliefs to the masses, it is saving us. Microsoft generally
and Bill Gates in particular are zealots dedicated to
bringing the whole world under the white wings of salvation.
What other image can there be than that of a Holy Roman
Empire, terrorized by even a shard of disbelief and
responding to insignificant competitors with swift and
brutal retribution? To any church, heresy--even minor
heresy--can spread like a cancer. Because only a true
religion understands that there is no room for competition
in the battle for Salvation, Microsoft has brought to bear
a whole panoply of good old fashioned religious remedies
on its competitors: excommunication, denouncements, a few
scattered stake-burnings, to stop them from leaving the
fold.

A picture of Bill Gates has emerged in this trial as the
angry, jealous God of the Old Testament. He finds out in
South America that IBM preloaded Lotus Smart Suite and goes
ballistic because he was not consulted (we have seen the
e-mails). Why, asks my colleague from CNBC, is it that
Gates--while he permeates every part of this trial--has
only ever been seen as an apparition, on videotape through
a million bits of light and pixels? A burning bush for the
'90s?


Hmm. Maybe that explains the tone of the thread, eh? [And thanks for your comments about that, Jill and Teflon. And I agree that the bit of heresy experienced from the poster wasn't of much real value.]