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To: Haim R. Branisteanu who wrote (74089)	11/7/1999 1:00:00 PM
From: Ilaine	Read Replies (2) \| Respond to of 86076

On page A5 of today's Washington Post is a full page letter from Bill Gates "to our Customers, Partners and Shareholders," which basically says "we respectfully disagree with a number of the Court's findings" and suggests that Microsoft will appeal. Of course, they will. But, what Gates may not realize is that the trial judge's findings of fact are binding, even on appeal, unless there is NO evidence to support them. If the evidence could go either way, then the trial judge's interpretation of those facts must be sustained, under our legal system. The appellate court doesn't sit as a super-jury, all they do is review the factual record to determine whether there is any basis for the determination. The rulings of law, which will not be issued until March, 2000, are NOT binding on the appeals court. The appellate court may, or may not, agree with the trial court's conclusions of law, and/or the remedies imposed. The standard of review for conclusions of law is de novo. Gates probably feels cocky because the appeals court did reverse Judge Jackson's injunction against Microsoft issuing Windows 98 and Internet Explorer bundled together, so he has hopes of a more sympathetic ear on appeal. It's clear that this case will not be over until the bitter end, whenever that is. It would probably take another 3 to 5 years for a case like this to get all the way through the United States Supreme Court. In the meantime, litigation like this must take its toll.