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To: Gerald R. Lampton who wrote (19712)	5/26/1998 11:30:00 AM
From: Daniel Schuh	Read Replies (2) \| Respond to of 24154

Gerald, this feeds back into an old issue, which I will sarcastically summarize as the "binding precedent" of U.S. vs. Microsoft, proving Microsoft "is not a monopoly", according to the "top cops in the country". For the newcomers, and oldtimers fortunate to have missed that one, the less said the better. Now they got Klein, who's not afraid to litigate and actually set a precedent. Plus all that email, totally consistent with everything the savvy investor crowd knows about Microsoft, needing to be innovatively explained away. Bill may again be getting too clever in his legal self defense. He probably could have negotiated another consent decree, perhaps a little more meaningful than the last one, but without anything in it that would really hurt Microsoft. Even if he gave in on the "Coke shipping Pepsi" issue, IE would still have the advantage of being "integrated", so it was always sitting in memory or swap space, ready to fire, as opposed to conventional app Netscape. And the OEMs would probably still be too afraid to really cross Microsoft when push came to shove. But he pulled his one real concession off the table before the other side even got there. We'll see what happens now, though a whole summer of analogical metaphorical warfare before anything happens will be tough. Cheers, Dan.