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To: Daniel Schuh who wrote (23963)	5/25/2000 10:21:00 AM
From: Harvey Allen	Read Replies (1) \| Respond to of 24154

Dan- The Beast wings is interesting. Most commentary suggests DOJ just touching up the two way split. Register suggests three way split waiting in the wings. Salesmanship says if the customers asks for the more expensive model you don't tell him he can't have it. Lawyers are great advocates of cut and paste. I wonder if they'll pull it off. That way we don't have to go through it all over again when they embed IE into Office. Here is a little more detail on a Warden/Jackson exchange: Microsoft attorney John Warden told Jackson that a breakup could not be ordered without elaborate proof that what Microsoft had done in the past directly thwarted competition that would have ended Microsoft's market-dominating position. Jackson sparred with Warden, referring to his earlier findings that numerous Microsoft actions had thwarted competition and violated antitrust laws. The judge then demanded to know what prior court decisions required the proof Warden said was necessary. "There is no case that directly addresses this point," Warden conceded. "I didn't think so," the judge shot back. thestandard.com Too bad Court TV doesn't do Anti-Trust. Guess I'll have to go read the transcript. Harvey

To: Daniel Schuh who wrote (23963)	5/25/2000 6:43:00 PM
From: Harvey Allen	Read Replies (2) \| Respond to of 24154

Dan- I think we're going to get a three way split. On the evening news I heard one Law Professor say he thinks that Judge Jackson wants to end the "Microsoft Problem" once and for all and that the judge thinks his Findings of Facts and Findings of Law are strong enough to make his remedy stick. The Professor also said that Judge Jackson doesn't get reversed. This may change but I get the impression that Judge Jackson knows how the system works. Harvey Well this just in from "How High". The WSJ no less: 18:35 [MSFT] JUSTICE DEPARTMENT WILL NOT PROPOSE 3-WAY BREAKUP OF MICROSOFT -- 5/26 WSJ I still like three.