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To: Harvey Allen who wrote (23999)	6/8/2000 9:55:00 AM
From: Harvey Allen	Respond to of 24154

Some observations on the Klein/Neukom exchange. Klein: Microsoft's strategy is to do whatever is necessary to win and then fight it out in court. I have tried a great number of cases in my time and this is one of five or six with the worst action of breaking the law. The DOJ began break up plans as soon as the Finding of Fact was released and they saw how strong it was. DOJ's goal in negotiations was to get Microsoft's business practices to conform to the law. There was never any intent on Microsoft's part to do so. The browser went from 80/20 Netscape to 80/20 Microsoft in only two years. Even if AOL switched all of its users to Netscape that would only amount to a few months of PC production with the Microsoft bundled browser. Neukom: Districts courts are commonly overruled and completely overturned. The DOJ's prosecution was a prosecution by snippet. (That really upset Joel). We entered into negotiation because it is customary to do so. When asked why he was so sure of winning on appeal when they were confident at the beginning of the trial and later that there would be no breakup the reply was "Blah Blah Blah".