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Technology Stocks : How high will Microsoft fly? -- Ignore unavailable to you. Want to Upgrade?

To: miraje who wrote (46385)	6/10/2000 12:31:00 PM
From: jackhach	Read Replies (2) \| Respond to of 74651

wired.com -JH

To: miraje who wrote (46385)	6/10/2000 2:59:00 PM
From: KLP	Read Replies (2) \| Respond to of 74651

In article June 8th regarding Judge Jackson's comments, this appears to be very telling as to where he got the information: "It's important you understand what my function is here," Jackson said calmly. "I am not an economist. I do not have the resources of economic research or any significant ability to be able to craft a remedy of my own devising." As a result, Jackson relied heavily on the work of the government. archives.seattletimes.com Copyright ¸ 2000 The Seattle Times Company Nation & World : Thursday, June 08, 2000 Judge Jackson: 'I have no grudge against Microsoft' by James V. Grimaldi The Washington Post WASHINGTON - In the end, after more than two years, 78 days of trial and thousands of pages of evidence, the final decision for the federal judge overseeing U.S. vs. Microsoft came with enormous reluctance. Thomas Penfield Jackson, the U.S. District Court judge who oversaw one of the most important trials in the history of American business, said in an interview that he had little choice but to accept the proposal of the U.S. Justice Department and the states because he wanted to avoid establishing a conduct-restraining order that required an onerous regulatory scheme. "Given my personal preferences, I'd much prefer to have market forces accomplish as much of the remedy as could be done," Jackson said yesterday. "I would have preferred a conduct remedy. I've always thought the best remedy was the one the parties could have negotiated between themselves." Jackson rebuffed suggestions from Microsoft defenders that he has sided with the government because he is biased or out to get the company: "Believe me, I have no grudge against Microsoft. (Before the case) I knew nothing about them really, other than the fact that they built the software used on my computer." In an hourlong conversation in chambers, the judge said he'd rather see the case settled out of court - even now. He urged both sides to "swallow their own reluctance to compromise and reach a remedy that both sides, if not elated by, nevertheless are willing to extend." Short of that, Jackson said he decided to accept whatever remedy had been proposed by the Justice Department and a majority of 19 state attorneys general. "My inclination probably would have been to accept the government's recommendation that a structural remedy was unnecessary in these circumstances," Jackson said. "I have absolutely no desire to become an overseer of Microsoft." He added: "The less radical the remedy, the more comfortable I am with imposing it." The judge, appointed by President Reagan in 1980, emphasized his conservative Republican credentials and noted that he has not always sided with the government in his courtroom. In an earlier case, he rejected a huge recall of automobiles advocated by federal auto-safety administrators. "It's important you understand what my function is here," Jackson said calmly. "I am not an economist. I do not have the resources of economic research or any significant ability to be able to craft a remedy of my own devising." As a result, Jackson relied heavily on the work of the government. As the judge sat at his desk, occasionally puffing on a pipe, he seemed calm and reconciled to his role in antitrust history and this case. "It is momentarily important," Jackson said of the trial. "It is certainly not going to be the event that defines the 20th century or the 21st century." In the interview, rare but not unprecedented for a federal judge, Jackson acknowledged that the case could grow in importance for the Internet age and the "new economy" as it moves to the Supreme Court. "I would suspect that whatever the Supreme Court has to say when it ultimately gets the case will in large measure chart the direction of the so-called new economy," Jackson said. Asked if he intended to approve a government motion to send the case quickly to the Supreme Court, bypassing the U.S. Court of Appeals for the D.C. Circuit, Jackson said, "I am favorably inclined towards it. I'll look at whatever is presented to me." But he rejected the idea that he wanted to end-run the appeals court. He also denied that his verdict was "quarreling" with the appellate judges: Jackson ruled that Microsoft broke the law by tying an Internet browser to the Windows operating system, but Microsoft contends this ruling is in direct contradiction to an appeals-court ruling in an earlier case. Asked to recall the trial and any telling moments or turning points, Jackson said the evidence was cumulative. He said that a botched videotape demonstration - which purported to be a test showing Windows didn't perform as well with the browser removed - did not reflect poorly on the company's trustworthiness, and he concluded it was not an attempt to deceive the court. Regarding credibility, and Microsoft Chairman Bill Gates' videotaped deposition, Jackson said, "I think my judgment is reflected in the findings of fact." He brushed aside his newfound public notoriety, as he pointed to letters stacked on a table and chair in his chambers. The only time he got more mail was when he oversaw the drug trial of former D.C. Mayor Marion Barry. "It runs the gamut from being very thoughtful and possibly presenting useful suggestion," Jackson said. "Because I don't read it, I'm not really familiar, but I'm generally aware of the tenor of the communications." Some of it involved what he called "scatological commentary." One thing Jackson made clear: He would rather that his fame and the case didn't continue. Instead, he prefers that the case be resolved quickly, preferably with a settlement. Among his obvious disappointments was the failure of mediation by appeals-court Judge Richard Posner, which took place between the two parts of Jackson's verdict.