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To: Bearded One who wrote (23488)	11/8/1999 11:29:00 AM
From: Reginald Middleton	Read Replies (1) \| Respond to of 24154

If that is the case, then Sun should have thier share price halved since their workstations do not stand a chance. Apple should be in bankruptcy court. Reality does not agree with the Judges FOF.

To: Bearded One who wrote (23488)	11/8/1999 2:00:00 PM
From: Daniel Schuh	Respond to of 24154

On another front, there seems to be another Judge out there that Microsoft has somehow manage to aggravate even more than they've aggravated Jackson. There's quite a few stories at The Register on the Caldera suit, a subject that's been simmering away without much notice for a while. The coverage starts at theregister.co.uk, but my favorite bit is from theregister.co.uk The best product endorsement that Digital Research ever obtained for DR-DOS was from Microsoft, it turns out, and we know this thanks to a disclosure by Judge Benson in his 4-0 decision this week for Caldera. Phil Barrett, who was managing Windows 3.1 in 1990, received an email from a subordinate about DR-DOS 5.0, which said: "You asked me for a user's view of DR DOS 5.0... I used DR DOS 5.0 with a huge number of apps. I found it incredibly superior to MS DOS 3.31 and IBM DOS 4.01. ... The most important reason to use any version of DOS is to run DOS apps. DR DOS 5.0 runs every DOS app I know. DR DOS 5.0 works successfully with Windows (2.11, Win 386 2.11 and Windows 3.0 and 3.0a). ... Conclusion: DR DOS is vastly superior to MS dos 5.0." © theregister.co.uk Naive student of the free market that I am, I would have though that the correct way for Microsoft to compete on this one would have been to make MS-DOS better or cut the price. That's not the One Microsoft Way, of course. Anyway, for a little flavor of the Judge in this case, there's this bit from theregister.co.uk Judge Benson then commented: "Applying this standard, the Court may agree that plaintiff has not met its burden. However, Microsoft has grossly misrepresented the holding of Transamerica. Particularly offensive to the Court [that's as near fury as you can get in a judge's opinion] is the assertion that 'the court [in Transamerica] expressly stated that design conduct violates 2 of the Sherman Act only if the 'design changes had no purpose and effect other than the preclusion of... competition.'" This is simply not true. "It appears that Microsoft scanned the Transamerica opinion for language favourable to its position and then quoted that language entirely out of context with the intent of leading this Court to believe that the court in Transamerica held something it did not. And so on. It's always a good idea to annoy the Judge before the trial starts. Bill's excellent courtroom adventures just wouldn't be the same without him running things. Cheers, Dan.