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To: Bob Howarth who wrote (28664)10/20/1999 12:06:00 PM
From: Paul Fiondella  Respond to of 42771
 
I don't know about "intelligent speculation", I think its an oxymoron

If the Judge issues a findings of fact that Microsoft is a monopoly, then the company will be damaged regardless of the remedy he chooses. Judges normally are not over-ruled on the facts. The facts rather than legal argument will determine whether Microsoft is a monopoly. If he saw evidence of monopoly conduct then they lose.

They lose because it opens the door to further litigation. To give you some idea of where this might lead look at how IBM handled DOS. DOS was non-proprietary. They published the source code. This gave Microsoft it's start. Had they insisted on ownership and not licensed the product from Microsoft but bought it from them, Microsoft would have ended up like Symantec or Borland.

If Microsoft gets into this position it could affect all of their future product decisions.