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To: Daniel Schuh who wrote (23680)	11/27/1999 9:20:00 AM
From: Art Bechhoefer	Read Replies (1) \| Respond to of 24154

It's my understanding that if MSFT reaches an out-of-court settlement on the antitrust case, in which there is no finding of wrongdoing, but merely an agreement on future business practices and a fine or other compensation for the plaintiffs, then the evidence produced at trial and the factfinding conclusions of Judge Jackson would be inadmissible in the Caldera suit. They could only be introduced if there was some specific relationship in the evidence to damage suffered by Caldera. That's one reason why a settlement in the antitrust case will be important to MSFT in any other litigation that would otherwise be able to use evidence collected in the antitrust case. But there are other issues that Caldera could, and probably will bring up. If MSFT created a screen that would discourage anyone from using DR-DOS, when in fact there was nothing about the software that would cause a problem with MS-DOS or WINDOWS, then that would be tantamount to interfering maliciously with Caldera's business, resulting in lower than expected sales of its software. Proving intent is sometimes difficult, but in this case, the intent would be obvious if Caldera presented experts who could testify that DR-DOS did not injure or affect a computer that also had WINDOWS or MS-DOS running. Actually, as I recall, the DR-DOS software worked very nicely. It didn't consume a lot of memory, was fast, had the same kinds of pull down menus as the Macintosh, and provided a very good foundation for the word processing and spreadsheet programs that were designed to run with this system. Provided the ego of MSFT doesn't get in the way, all these suits can probably be settled out of court to the advantage of ALL the parties.

To: Daniel Schuh who wrote (23680)	11/30/1999 10:03:00 PM
From: Larry Sullivan	Read Replies (1) \| Respond to of 24154

Daniel, I am beginning to see that if it is written and presents Microsoft in a negative light then you are bound to believe it with out question. This seems odd of someone who disregards anyone that posts positively of Microsoft as not being open minded. hmmm, I think I hear the pot calling the kettle black. While you rip Microsoft for producing such terrible products try reading zdnet.co.uk Oh that right PC Mag is just a Microsoft shill. Larry...