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


To: t2 who wrote (28136)8/12/1999 10:51:00 PM
From: RTev  Read Replies (1) | Respond to of 74651
 
I thought they can still submit written evidence as well as oral arguments.

Well, as I've said many times, I'm not a lawyer, but I'm pretty sure they can't submit more evidence without going through a complicated procedure that would delay the decision. The evidence they must work with now in their written and oral arguments has been submitted.

My sense -- from so-far cursory reading of both factual submissions -- is that each side believes that it has in evidence all that it needs to win its case. Virtually everyone on this thread who has recently predicted the outcome (and I haven't), has said that Microsoft will win based on the evidence submitted. Their lawyers seem to think so too, so I don't think they'd want to reopen the trial for a new marketing study or anything else.

The DOJ has basically told PC makers and others that you don't have to align yourself with MSFT and only MSFT. In this way, the government has won on a short term basis. Longer term (with launch of Windows2k), that is a different story.

Without saying anything about the case (since I don't believe it can be discussed rationally in this thread which is why I've avoided the subject for weeks), that does seem to have been one of the interesting side-effects. Some of the more egregious abuses that were alleged to have happened before the case was filed seem to have (allegedly, of course) stopped once the case was under way. It may be a coincidence that several Intel box makers started offering Linux systems during the trial, but then again, maybe not.

And settlement? Unless Jackson telegraphs his decision and puts extraordinary pressure on both sides, I don't think it will happen before Jackson issues his findings of fact. It's always hard to tell, since lawyers tend to express confidence no matter what, but in this instance, it does seem that both sides are ready to hear the decision and convinced it will go their way. If that's really what's happening, then a settlement would seem premature.



To: t2 who wrote (28136)8/13/1999 12:53:00 AM
From: ed  Read Replies (1) | Respond to of 74651
 
Well, if the judge is pro Microsoft, then he will not encourage a settlement, because he sees Microsoft will win. However, on the contrary, if the judge is pro the DOJ, then he will encourage a settlement, because he already saw no chance for the DOJ to win. Lose in the court is worse than having a settlement out of the court !!!

However, if the judge is against Microsoft, then he will encourage
a settlement, because he thinks Microsoft will win. But, if the judge is against the DOJ, then he wil not encourage a settlement, because he saw Microsoft will win in the court !!! So, who will win or who the judge is pro or against, all your guess !!!



To: t2 who wrote (28136)8/13/1999 9:20:00 AM
From: Teflon  Read Replies (1) | Respond to of 74651
 
I am starting to think, t2k, that MSFT just wants a verdict rendered by Jackson, and would welcome any verdict sooner rather than later since it would allow Gates and Company to execute an appropriate strategy in the Marketplace as opposed to sitting around and delaying initiatives while waiting for the hammer to come down. At least with a verdict, any verdict, MSFT could map its strategy accordingly and execute that strategy while dealing with the appropriate measures to address Jackson's decision.

I guess my point is that the waiting is almost worse than a negative verdict. They need to get on with executing MSFT's business plan.

Teflon