To: Daniel Schuh who wrote (21415 ) 11/12/1998 12:01:00 PM From: Daniel Schuh Respond to of 24154
Microsoft looking like a loser zdnet.com More opinion from ZDNN, on an off day. Charles Cooper has in the past been fairly cynical about the case, mostly I recall him as an "everybody does it" voice. By now, a couple of things about the Microsoft antitrust trial are becoming increasingly clear: 1.This is going to be a marathon. 2.Microsoft has "loser" written all over its face. "Marathon" is relative here, it's got a long way to go before approaching OJ status, much less the IBM-DoJ antitrust Vietnam. No comment on #2.. . . The fact remains that the government has dredged up a pile of compelling evidence. Wouldn't hold my breath on convincing ed of that, but he doesn't have much standing in the case. And it's not just the tainted griping of an obviously interested rival such as Netscape. With the government providing air cover, America Online, Apple and Intel have all attacked Microsoft in court, reciting chapter and verse for Boies' benefit. . . . None of this is worrying the money moguls on Wall Street. Despite getting hauled into U.S. District Court to face all of Uncle Sam's righteous wrath, Microsoft enjoys a higher price-to-sales ratio today than at any time in its history. Perhaps they don't see any of this as especially troubling. And with a dozen witnesses still waiting to take the stand, the Sullivan and Cromwell lawyers carrying the ball for Microsoft are eventually going to have an opportunity to take the offensive. We'll see how good they really are then. And, I have to point out, with the funny "direct testimony in writing" procedure, the Microsoft lawyers are going to have a hard time countering the impression left by the Boies cross-examination. I imagine there will be some interesting fireworks in the defense phase too. As always, I offer no legal opinion. On the hearts and minds front though, looks tough. To recycle another old line, it couldn't happen to a nicer company. Cheers, Dan.