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To: Daniel Schuh who wrote (21767)	11/25/1998 12:31:00 PM
From: Gerald R. Lampton	Read Replies (1) \| Respond to of 24154

This "natural monopoly" business again assumes a monopoly in the first place. Legally, this seems like a dubious proposition for Microsoft to assert. You are correct, of course, that my argument assumes that Microsoft is a monopoly, and they probably will not raise anything like this until after they lose on the issue of whether Microsoft is a monopoly. They had one chance to raise it at the pleading stage, but they didn't. So maybe they never will. All I am doing is trying to stay one move ahead of the game and try to anticipate what I think their arguments will be. I have no idea whether they will actually make these arguments, or what areguments they will make if not these. I guess they could argue the "no preclusion" argument they tried in their summary judgment before the trial, but that's such a factual issue I just don't see how far it will get them on appeal. How nice it would be if Bill took the stand in his own defense, to show us all what a brilliant guy he really is, he could explain all this stuff in no time. . . . and sway the finder of fact with his magnetic personality, charisma and charm? ;)