Outside the Courthouse, a Spin War Rages businessweek.com
I was remiss in following up rudedog's hint on BW coverage, they've really got a lot. Index at businessweek.com, which lead me to this on point article of the day, on the relevance of Gates' testimony.
Outside the Courthouse, a Spin War Rages At stake isn't so much Judge Jackson's decision, but the hearts and minds of consumers, Congress, and even the Supreme Court.
Hearts and minds, now where have we heard that before? Hello, Susan? Next, we have the amusing aside of the day.
Not long ago, a gaggle of reporters stood on the U.S. District courthouse steps, taking notes as they listened to a man dressed in pinstripes. Television cameras were recording the scene. A scraggly protestor in braids and T-shirt approached the circle, prancing around and screaming profanities about President Clinton. Reporters cut him short, letting him know he had the wrong spin group -- witnesses from Kenneth Starr's grand jury were leaving from another door. "Uh?" he said, stunned. "This is Microsoft," reporters shouted. The dejected protestor moved on, and Mark Murray, Microsoft's chief spokesman, continued his spiel on the day's events in the courtroom.
I've been following that other quasi-legal matter too, but the local one is still closer to my heart. More important to the techno-legal wonk contingent, too. I have to apologize again for last week's blowback from that other war here, with the local screaming of profanities. I don't think it will happen again.
In a political setting like the impeachment hearings, spin is everything. The reality that Clinton's detractors and supporters create for the public will determine his fate. On the other hand, in most trials, all that really matters is the judge's view of the evidence. But in a case with so much at stake, it may be that the battle for the hearts and minds of the public outside the Microsoft courtroom is as important as winning over U.S. District Judge Thomas Penfield Jackson inside it. After all, reading the headlines every day are Microsoft shareholders, consumers, a conservative Congress skittish about toying with corporate success, and higher-court judges who at the next stage will have something to say about it.
A GEM OF A P.R. TOOL. In the spin wars, the government's ultimate weapon is the Bill Gates deposition videotape. Its value in helping the government prove an antitrust violation may be questionable. Yes, Gates's memory lapses about key documents and decisions could raise doubts in Judge Jackson's mind about the credibility of Microsoft executives who will testify. But as a P.R. tool, the deposition is a gem -- perhaps even better than Gates in person. If Gates were called, only the people in the courtroom would see him testify. Now, within moments after a deposition tape is shown in court, a Justice official rushes a copy to TV crews waiting outside.
Microsoft is always welcome to bring on Bill to tell the "truth", but with the written direct testimony structure that's problematic. On the other hand, a written deposition might be to Bill's advantage, it would keep the visible sneering and disdain for the "totally random, beyond bizarre" lawyers between the lines. Microsoft must be free to innovate, you know.
Both camps are also aiming to win over Congress. Though some Republican lawmakers, such as Senator Orrin Hatch (R-Utah), already are on the anti-Microsoft bandwagon, others would just as soon slash the Antitrust Div.'s budget. Microsoft's spinmeisters constantly harp on the idea that the government is causing havoc in the marketplace by singling out a major U.S. success story. Alternatively, by inflicting as much damage as it can on Microsoft's image, Justice can help create the perception among lawmakers that the case is worthwhile. Even if Justice ultimately loses the legal battle, if the government can leave the impression that Gates is a bully who doesn't play fair, lawmakers and the public can come away with the belief that there was no harm in Justice trying to rein him in.
Hello again Susan. The line about the Antitrust Div. budget was my original take long before any of the current action started. I was a bit surprised about the lead role of Hatch, even if he still remains under probation with the ilk for his faithful role in shepherding all the Reagan era Chicago School types onto the federal bench. Too bad newfound Senate friend of Bill Gates Lauch Faircloth went down on the other Bill's problems, old home team whiner Slade "Salvage Rider" Gorton could use a little help with the ever popular "communist" name calling. As Bill may have said to Slivka, we are all communists now.
Cheers, Dan. |
