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


To: Offshore who wrote (32172)11/6/1999 8:45:00 AM
From: The Duke of URLĀ©  Respond to of 74651
 
>>This case is SO simple to beat now, it's funny.

MSFT CAN MAKE THE CASE THAT THEY WERE THE FIRST MASS MARKET SOFTWARE COMPANY THAT WOULD RATHER SELL A MILLION AT A BUCK RATHER THAN
<<

There are a couple of problems.

I am sure MS lawyers made these arguments to the court.

The judge found against them on these facts.

The findings of fact are pretty much cement now. And appellate court can easily overturn a lower courts interpretation of the law. But the judge did not interpret the law, all he did was "find facts".

On appeal, findings of fact may be overturned only if they are "clearly erroneous" not just because the higher may have found a different set of facts.

MS is now left to argue that the finding of the "fact" of a monopoly is really an interpretation of the law. Tough Road.

Use the Force of public opinion to change the direction the case is headed?

Love it. Only one problem. For very complex economic and political reasons, public opinion has always been about 70% (my estimate) AGAINST ms.

Now what?

Well? Maybe Larry Ellison was right, maybe "the internet changes everything".

Don't Touch that dial.

Duke



To: Offshore who wrote (32172)11/6/1999 2:12:00 PM
From: ed  Respond to of 74651
 
Ha!! In the real world your are right , but in the political world , you are wrong. Political world is a world which is completely different than the real world. So, you can not judge a decision , the FOF, from a political world with the concepts from the real world. To fight the political world, you have to use the political force, i.e to translate your force in the real world into the force of political world. How ? well, learn from those crying babies, SUNW, NSCP, AOL, IBM ...etc. Those are examples who can not do well in the real world but do pretty well in the political world. In the political world, if you invest $1 , you can have $100 in return; but, in the real world
, your return of investment is less than 30% !!! Microsoft should learn the lesson !!!!

As to the justice, well , the definition of justice is very different between the political world and the real world.



To: Offshore who wrote (32172)11/6/1999 3:40:00 PM
From: PMS Witch  Respond to of 74651
 
An interesting point about selling a million at a dollar instead of one at a million. I hope they don't trot out the Borland ads for Turbo Pascal which sold for $39 while Microsoft Pascal was selling for $395. I'm not against Microsoft defending themselves, but they must be careful not to shoot themselves in the foot. (again)

Keep the faith, PW.



To: Offshore who wrote (32172)11/6/1999 3:53:00 PM
From: John F. Dowd  Read Replies (1) | Respond to of 74651
 
Offshore: You are dead on! Unfortunately with Judge Jackson, even if such evidence were presented as it should have been, would have ignored it and handed down the same findings as he did last night. Did you read the trial proceedings? There was no question from day one where this case was going. He acted as Prosecutor as well as judge and jury. MSFT has been looking past this trial to the Appeals Court ever since they saw the format of the trial, the time they were given to prepare and the behavior of the judge.

This thing was a kangaroo court and resembled something that might have taken place in the Lubyanka. JFD