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

To: Charles Tutt who wrote (60432)	8/7/2001 9:29:59 PM
From: Bill Fischofer	Read Replies (2) \| Respond to of 74651

The appeal is a no-lose proposition for MSFT and as such is simply "smart lawyering" on their part. At worst the appeal will be denied after 30+ days which simply helps run out the clock to the XP launch. But if the Supreme Court accepts the case then the risks to the government's case are very high since the question to be decided will revolve around Judge Jackson's apparent bias and how this may have tainted the trial phase of the case.

To: Charles Tutt who wrote (60432)	8/8/2001 1:03:48 AM
From: Daniel G. DeBusschere	Read Replies (1) \| Respond to of 74651

<<deprived of due process, because I'm not buying it.>> Yes, I am telling you that MSFT was deprived of due process. The cornerstone of due process requires judicial oversight that is impartial and which follows established judicial canons of conduct. The Appeals Court documented that this was not the case and then implied that the Judge acted without prejudice in week 25 and then changed this position in week 26. But the judge granted interviews with reporters early in the trial that clearly showed his prejudice before he issued any findings of fact and law. He clearly violated basic canons of judicial conduct. Microsoft is not challenging the case based on merit. They are challenging the case because the judge was not impartial and that is denial of due process by definition. The media keeps reporting that MSFT is asking the Supreme Court to throw out the monopoly charges. This is not correct. What MSFT is asking for is a declaration of a mistrial which this is clearly the case. You do not throw out the charges with a mistrial. You start all over from the beginning with a new judge jury etc. hopefully one with some judicial integrity this time.

To: Charles Tutt who wrote (60432)	8/8/2001 1:44:02 AM
From: Dave	Read Replies (4) \| Respond to of 74651

Charles, There is no reason for the Supreme Court to take this case. The decision has already been remanded to District Court, and will go back to Appeals Court, and THEN maybe the Supreme Court will become involved. Microsoft knows the Supreme Court won't take the case. They are not doing this to overrule the Appeal, but to delay the remand to District Court long enough to avoid an injunction to delay the Windows XP ship date. It may work. It's a pathetic and sickening but predictably cynical abuse of the judicial system. Microsoft is going down, and is going down hard. The Courts don't like to be played this way. Dave