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

To: Brian Sullivan who wrote (56350)	2/28/2001 1:34:11 PM
From: The Duke of URL©	Respond to of 74651

You see if the Judge had made these statements in open court he would have been dismissed from the case. Brian, I am not sure this is correct. IF, at the conclusion of the evidence, and at least after the findings of fact, the judge would have said in open court, Bill, you lie like a dope dealer, I believe that would have been all right. There, and the app court said it, the statement can be tested. If he had said that before the evidence had come in, then you are right, he would have "PRE-JUDGED", which I think would have be grounds for recusal. BUT!!! Here is my wild ass theory on why he did it (Jackson spoke out): Normally, five years ago, he could have decided any thing he wanted, no one would have known, Now, with the internet, every body knew, and 80% strongly disagreed with his understanding of the facts. Remember, Jackson's basic holding is harm to the consumer. This may have gotten to him, and not really understanding where the oposition was coming from, he felt he had to attack and defend his position. The last time this happened, I believe, this SAME court, told him to be quiet, but no disiplinary or remedial action was taken. I think he just wanted to defend his opinion. Unfortunately, there are strong rules against these out of court statements. They cannot be tested by counsel, as in this case, where the app court said why didn't ms make a motion to recuse the Judge in front of Jackson. MS answer might have been, when? we found out about it after the appeal was sent to this court and was no longer with that judge. Asside from his comments regarding the court of appeals ITSELF, there are two further problems. 1- it may have been "after" last time, but now, if it were sent back to Jackson, his job would def not be over, and 2- how does this affect the presumption of correctness of the findings of fact. And to further complicate things, I think the court of appeals may be of the opinion that out of court statements are tested on whether they appear biased to a NON LAWYER. This would substantially change the threshhold for discarding the findings. It is mildly amusing that it is alledged that one thing Judge Jackson seemed to say [ I have heard this report, but I am not sure it is correct] is that he would throw as much into the findings of fact, rather than as a conclusion of law, that he could so that the court of appeals would have more trouble overturning him. Duke

To: Brian Sullivan who wrote (56350)	2/28/2001 2:30:56 PM
From: PMS Witch	Read Replies (2) \| Respond to of 74651

Judge Jackson has showed his obvious bias against Microsoft Looks like JJ isn't alone. News just showed the area hit by an earthquake. (60 mi S of Seattle) Cheers, PW.

To: Brian Sullivan who wrote (56350)	2/28/2001 11:42:40 PM
From: Brian Sullivan	Respond to of 74651

Microsoft Case Judges Are Connected dailynews.yahoo.com By D. IAN HOPPER, Associated Press Writer WASHINGTON (AP) - The appeals judges hearing Microsoft's case this week used computers that allowed them to communicate with their clerks or research legal documents while they listened to arguments. The portable computers came with Microsoft's Windows operating system and Internet Explorer browser as well as Netscape's Navigator browser. Those browsers are at the heart of the antitrust battle in which a trial judge ordered the breakup of Microsoft. Court officials would not say which software they appeals judges prefer. Researchers say that the growing use of laptops, CD-ROMs and e-mail by court systems may eventually lead to courtrooms that exist only in cyberspace. Michigan is already trying to develop such a court. ``What used to be purely science fiction just isn't anymore. What we can already do is astounding, and what we may be able to do in the next five years is awe-inspiring,'' said Fred Lederer, who is developing an experimental high-tech courtroom at the College of William and Mary in Williamsburg, Va. Among the ideas being explored: reproducing evidence as holographs, and beaming video of witnesses and judges from remote locations to an Internet-based courtroom. In the Microsoft case, the U.S. Court of Appeals for the District of Columbia Circuit, for the first time, required both the government and Microsoft to submit their court filings on CD-ROMs that could be viewed on the judges' laptops. The CD-ROMs had almost 15,000 links to case law, exhibits, legal motions and even videotaped testimony, all on a total of four disks. ``I think it's going to be better justice,'' said Marty Steinberg, president of Denver-based RealLegal.com, the company contracted by both sides to produce the CD-ROMs. ``Everybody has a more precise way to present their arguments, and the courts have a better way to review this information because it's all relevant.'' In another first for the court, Internet users could be alerted to submissions in the case or orders. Also, the audio of this week's arguments was broadcast over the Internet. ``We thought that Microsoft would be a good case to give this its first run,'' Mark Langer, the appeals court clerk. Six of the seven appellate judges used laptops during the oral arguments on Monday and Tuesday. The computers had word processors and access to the Lexis and WestLaw legal databases. The judges could use instant messaging software to ``chat'' in real-time with their law clerks, who sat on one side of the courtroom. The seventh judge, David Tatel, is blind and does not use a laptop on the bench. The move to ``cyber court'' is being played out in an experimental ``courtroom of the future'' at the College of William and Mary. In a recent demonstration of a jury trial in Courtroom 21, a judge presided from his home court in Portland, Ore., and a witness testified from Orlando, Fla. In their places were huge televisions, where they could talk via Internet videoconferencing. Lederer recently visited a National Aeronautics and Space Administration research center where he saw how courts soon could use holographic evidence and a courtroom that only exists in virtual reality. Lederer is working with the state of Michigan to develop its proposed cyber court. Gov. John Engler proposed in January that Web-based courtrooms and specially trained judges quickly resolve intellectual property rights and other cases for high-tech companies.