To: Israel who wrote (201649 ) 11/1/2002 7:23:48 PM From: X Y Zebra Read Replies (1) | Respond to of 436258 The Fed judge over in DC has moved the Capital of the U S of A to the other Washington... The boyz of the Capito l better pay homage to their new supremo The prez is dead... long live King Bill -g [slap me, slap me, Coleen -g] ____________________ Apologies if this has been already posted...news.com.com <snip> Rich Gray, a Menlo Park, Calif.-based attorney closely watching the trial, said the ruling represented a "huge victory for Microsoft and a bad day for antitrust law, consumers and Silicon Valley."</b. "In my view," Gray said, "the judge has missed the best opportunity to impose a remedy short of breakup that could actually have an impact. There may be some things in there that Microsoft (executives) might say they don't like, and they'll moan, complain and thump their chests, while in a backroom they will be opening the champagne bottles," Gray said. Hillard Sterling, an antitrust attorney with Much Shelist in Chicago, said the states may have overreached in their demands. "There wasn't enough for this judge to confidently reach these other applications and markets," Sterling said. "Microsoft did a tremendous job poking holes in the states' case during the remedy hearings." Both Gray and Sterling said that should the states seek to appeal Kollar-Kotelly's ruling, they would be embarking on a steep uphill battle. "An appellate court is going to show great deference to a trial court that has gone through a Tunney Act proceeding and has gone through a hearing on proposed additional remedies by the states," Gray said. "If the states chose to appeal, I think they would lose at the appellate level." Sterling agreed. "Appellate courts are highly reluctant to overturn these kinds of decisions. This decision will stick," he said. "There is little chance an appellate court will restructure what happened here." "Microsoft appears to have won the day," Sterling said. "The decision is a virtual rubber stamp of the proposed settlement. This judge didn't think that more was necessary to preserve competition. Underlying the decision is her view that the proposed settlement went even farther than was required by the appellate court's mandate. She appeared very comfortable that the deal was enough to protect consumers, the ultimate focus of antitrust law."