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To: Gerald R. Lampton who wrote (16188)	1/17/1998 9:30:00 AM
From: Daniel Schuh	Respond to of 24154

What makes you think it is in their interest to settle? Where did I say that? I got to reiterate, I offer no legal opinions on this matter, my consulting resources think I'm obsessed enough the way it is. Mostly, I'm bemused by the "kinder, gentler" offensive a few days before another round of "you're all idiots" in the courtroom. Followed up by a press round of the same from the PR guys. How will it turn out? Who knows. I got a new cheer to go with my prayers, though... Sherman, Sherman, Sherman, Sherman Cheers, Dan.

To: Gerald R. Lampton who wrote (16188)	1/17/1998 12:44:00 PM
From: John Donahoe	Read Replies (2) \| Respond to of 24154

"What makes you think it is in their interest to settle?" It's not in their (MSFT) interest to settle. Gates thinks strategically. I've heard it said he looks several moves ahead. Like the game of chess. You sacrafice a short term tactical loss for a long term strategic win. One step back followed by two steps forward. MSFT appears to have got the best of DOJ. Both the DOJ and the Court are boxed into a legal situation with no good escape. If MSFT loses this round it buys time and goes to appeals with the merits of the case on their side. If the Court rules in favor of MSFT they win a short term victory and the DOJ looks like the Keystone Cops. What is truly pathetic about this case is it all boils down the DOJ trying to force MSFT to remove the ICON. As if this will "level the playing field". What a joke. JD