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To: Reginald Middleton who wrote (15003)	12/17/1997 8:31:00 AM
From: Charles Hughes	Respond to of 24154

Gerry, Reg, >>> MSFT prepared for, and defended this case under the pretense of a contractual dispute (breach of the contempt order), and therefore was not prepared for a contest under the rules of the Sherman Anti-trust act.<<< 1. Why is the fact that the original case (which resulted in the consent decree) was an antitrust case not sufficient notice to Microsoft that antitrust issues might arise? Also, I know that for 6 months here on this board and in many other public fora including the most prominent press we have discussed much about antitrust in relation to Microsoft. Microsoft employees and allies have taken part in those discussions. Obviously 'they' actually knew in fact that the governments actions were due to antitrust considerations and they are trying for a technicality. Is that technicality going to be a winning argument in all likelihood? 2. Also, I thought judges had the right to raise any issues in court that they think in the interests of justice ought to be raised? Chaz