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To: H James Morris who wrote (98537)4/3/2000 6:54:00 PM
From: Randy Ellingson  Read Replies (1) | Respond to of 164684
 
Hi HJ-

I doubt the election will change a thing wrt the DOJ/MSFT trial. Everyone thinks it's all "so political". That would be true if MSFT hadn't actually used some remarkable (and let's just say legally questionable) strategies alongside their remarkable marketing and technological skills to reach their current enviable market position. You're not going to see any candidate try to make the case a campaign issue (so I wish people would find another angle to bemoan MSFT's predicament!).

Long MSFT, and the Democrats too! Ha ha!

[Edit: this post really belongs on the MSFT board -- sorry...]

Randy



To: H James Morris who wrote (98537)4/3/2000 9:21:00 PM
From: Bearded One  Read Replies (1) | Respond to of 164684
 
Don't kid yourself...He can afford to f%^$k around with the government until the election.

Spoken like a true West Coaster. I mean it. Somehow, almost everyone on the West Coast has this view of Gates and Microsoft as more powerful than the Government. If they just throw enough lawyers in the mix, they'll win. They (that means you) don't understand how law and politics interact in this case. Gates still seems to not understand this and he's digging an even deeper hole with his reaction.

What has happened with the trial and with Microsoft's behavior is that the DOJ has built enough credibility that Microsoft will have to be punished, severely, no matter who wins the election. The government has successfully demonized Microsoft in the eyes of the opinion-makers/elite/politicos. Aside from Washington State and a few minor politicians, congressmen and politicians in general will not come to Microsoft's defense--- in order to do so, Microsoft had to have provided political cover. Honesty and forthrightness about their behavior during the trial might have provided that cover. The trial would have been a debate over the legality of certain behaviors and might have resulted in a compromise. Instead, Microsoft came out looking like a bunch of liars, with Gates the biggest liar of all. That destroyed all of Microsofts points-- why believe liars-- and made it impossible for politicians to defend. We're not talking about getting hummers from an intern, but anti-consumer behavior. Note how quickly the Tobacco industry suffered once they were shown to be liars. It was the 'secret memos' from the industry that hurt Tobacco, even though the memos didn't say anything new.

What does this mean for Microsoft? It means no loopholes. None. Nada.
Microsoft will not be able to use tricks to substantially alleviate or delay their punishment. Any legal trick they use will be counteracted in one of two ways: First, the DOJ will attempt to counteract them legally. If the DOJ is unable to counteract a legal trick or loophole, they will launch a political attack on Microsoft. They will say "Microsoft is using legal trickery to hurt consumers, maintain their monopoly, and delay or obviate the rights of consumers to yada yada yada.." When that happens, Congress and/or the White House will counteract Microsoft politically.

It's over.