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To: John F. Dowd who wrote (166877)	6/22/2002 3:11:36 PM
From: John F. Dowd	Read Replies (1) \| Respond to of 186894

Duke: Speaking of the MSFT case what do you think is going to happen there. Is KK going to stick to basics and rule on the appropriateness of the DOJ/MSFT negotiated consent remedy of a case that was centered on unfair practices in promoting a browser ( a bunch of BS to begin with) or is she going to be lured into breaking new ground at the behest of MSFT's competitors and the ambitious AG's? What say thee?JFD

To: John F. Dowd who wrote (166877)	6/22/2002 3:12:51 PM
From: The Duke of URL©	Respond to of 186894

No, and this is from memory, Williams opinion in Microsoft II was true brilliance. But he did not write the opinion when the Jackson decision was taken up by the full court, but more surprisingly I could not discern the influence of his thinking. It does seem to be true based on what little knowledge I have that the lower (DC) seems inclined to rubber stamp the agency thinking. But in the communication case, the case was brought by a pro "little guy" fcc, and that thinking was affirmed by the DC court. Then the make up of the committee changed and pro big business seems to have been the order of the day, Post Schrubazoic Era. I can well imagine that if the Powell FCC wanted the case overturned, they would have not fought to hard in the appellate court in front of Spencer, so he may have been "disadvantaged" by being presented with a poor record, BUT I REALLY DON'T KNOW. I HAVE NOT READ UP ON IT.