To: phbolton who wrote (27015 ) 11/20/1999 1:50:00 PM From: J R KARY Read Replies (1) | Respond to of 213182
Could 2QFY99 Moody's OS warning to AAPL be the Mediator's threshold ? Moody's ranked AAPL loan papers , warning a OS entry against MSFT would burn cash , and result in a AAPL "rating" failure . Enter the "Findings of Fact" and the Mediator's appointment with the parties' acceptance which was followed by a invitation by Judge Jackson to Harvard Professor Leesing for a "historical" brief ,... but can he (Prof Leesing) use his Mac this time without a MSFT objection ? Wash Post article on the Mediator's appointment illustrates Judge Jackson's sense of balance : ===== " In mediating a settlement, some legal experts believe Posner might lean more toward structural changes at Microsoft that would require one-time government intervention instead of ongoing regulation of the firm's activities. "He doesn't like regulation," said Mark Schechter, a former federal antitrust attorney. "He'll look for something that's self-executing." But Posner does not have a natural distaste for monopolies ? a fact that could lean in Microsoft's favor. In the abstract to his latest book, he wrote: "The evils of natural monopoly are exaggerated, the effectiveness of regulation in controlling them is highly questionable, and regulation costs a great deal." In a separate court order issued yesterday, Jackson set a schedule for the filing of additional legal briefs, suggesting that any talks would not delay the proceedings. The judge also invited Harvard Law professor Lawrence Lessig to write a "friend of the court" brief summarizing his views of the case. Jackson had appointed Lessig, who had worked as a law clerk for Posner, to be a "special master" to weed through complex factual issues in a previous legal fight between the government and Microsoft. The company accused Lessig of being biased, citing an electronic mail message he wrote saying that he "sold my soul" by installing Microsoft's Internet browsing software . Lessig's appointment eventually was rejected by an appeals court. washingtonpost.com ===== Wonder if SJ's comment "there are two desktop Operating Systems ; Windows with 95% of the market and Mac with ALL the rest " will be included in Prof. Leesing's brief ? Jim K.