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To: Gerald R. Lampton who wrote (16125)	1/15/1998 12:20:00 PM
From: Daniel Schuh	Respond to of 24154

Jerry, a full fledged Sherman action seems to be what Microsoft is asking for, and eventually I'd guess that's what they'll get. Of course, it will be a long process. The new, improved Microsoft lobbying machine might block the whole process, I used to assume that was the most probable outcome, but now I got my doubts. All this "kinder, gentler" stuff is a bit transparent, even for Microsoft. Also, both Jackson and Lessig have what on the surface seems to be conservative legal pedigrees. Maybe they've gone over the edge, but judges, like everyone else, have their own territorial imperative. Jackson's pretty hard to read on this, you'd assume after the Sporkin episode that handed the case to him he'd be more cautious than he appears to be now. The early press gave no indication he'd be the type to go out on a limb. This is far from the only conflict on the horizon for Bill & Co. The Caldera suit is going to trial, and the EU and Japanese investigations are ongoing. As is the DOJ investigation, on other matters, and all the state investigations. A procedural victory for Microsoft here won't be the end of the troubles, by a long shot. The war will just move to another front. Hearts and minds wise, I'm sure Microsoft would claim vindication, the other side will see "the serial killer walk", as Harvey put it a while back. Reggie will of course claim a definitive precedent has been set. I'll just watch for the next battle, and say my little prayer from The Economist. Cheers, Dan

To: Gerald R. Lampton who wrote (16125)	1/15/1998 12:39:00 PM
From: Daniel Schuh	Read Replies (2) \| Respond to of 24154

Jerry & others, from the end of today's NYT story, nytimes.com The federal appeals court announced Wednesday the three judges who would be reviewing the case: Laurence Silberman, Stephen Williams and A. Raymond Randolph. The appeals court is expected to hear the case as early as March. Any take on this crew? I vaguely recall Silberman as conservative, but as ever it's not my area. Cheers, Dan.