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To: Charles Hughes who wrote (19165)5/17/1998 2:54:00 PM
From: Gerald R. Lampton  Read Replies (2) | Respond to of 24154
 
So, we seem to be taking Microsoft's spin as gospel on how this went down.

Nobody who wasn't there can possibly know exactly what happened. Nobody who can't get inside Chairman Bill's head can know what his true thought processes were.

My theory is that he simply changed his mind.

I find it difficult to believe that Microsoft went into these negotiations for the sole purpose of trying to spy or mislead the government. For one thing, it's hard to stand on principle one week for things you were willing to negotiate away the week before. People expect you to at least be consistent from week to week. For another, if it were true that Microsoft were intending to stand and fight all along, it would not take rocket science for them to figure out that, if they withdrew, the other side would charge them with bad faith, or worse. I can't imagine that anyone would deliberately engineer this show of inconsistency and weakness on the eve of such important litigation.

To me, this shows that Microsoft still has not found an effective strategy for dealing with this litigation.