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To: Daniel Schuh who wrote (18367)	4/7/1998 11:49:00 PM
From: Daniel Schuh	Read Replies (2) \| Respond to of 24154

Lessig fight still on news.com A random blast from the past, or a warmup for the court date 2 weeks hence. No real news here, just the usual entertaining quotes. In its three-page filing, Microsoft argued that its legal dispute with the Justice Department was a contract issue based on its 1995 antitrust consent decree and did not provide the "exceptional condition" required for appointment of a special master. "The special master is no better qualified than the district court--arguably less so, given his lack of litigation experience--to interpret the consent decree," the software giant said. The Justice Department countered by arguing that in court filings Microsoft itself has admitted that exceptional conditions are present in the case. "Microsoft's contention is ironic in light of its repeated assertion that the United States' position in this litigation raises technological issues for which 'poorly informed lawyers have no vocation,'" government attorneys contended. "A final determination as to whether Microsoft's conduct comports with the [consent decree] may well require applying legal principles to complex technologies, an expertise Professor Lessig's curriculum vitae readily evidences." Or, as some wag might say, Windows/browser integration is all beyond the comprehension of mere mortals, but the subtleties of antitrust law are transparently clear to those who have the proper literary background and respect for mighty Microsoft. The minds of the Microsofties and Microphiles never suffer from that well known hobgoblin. Hell, Bill knows what the consent decree means, despite his apparent lack of litigation experience. The dumb Judge ought to just take his word for it. Did he ever run a successful business? Cheers, Dan.