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Technology Stocks : How high will Microsoft fly? -- Ignore unavailable to you. Want to Upgrade?

To: t2 who wrote (20011)	4/7/1999 8:05:00 PM
From: RTev	Respond to of 74651

If the states or DOJ want to continue talking past the restart of the trial, they would be taking a big risk of losing some points in the rebuttal phase. I guess I just don't see it as an unbalanced risk for either side. It's always risky to walk into a courtroom, but both sides face equal risk. Each side gets three rebuttal witnesses. Each side has a good chance to strengthen its case and weaken the other side. I suspect that Microsoft will do a far better job in preparing their witnesses this time around. Maybe they've even gone out and bought some good litigation support software to let them keep up with the government on that score. I'm not confident that even that will give them an edge in the rebuttal phase. It may keep them from losing ground in this phase when they put their own witnesses on the stand, but it will still be a daunting task for them to win many points with their three witnesses. Boise and his colleagues will have a chance to put up three witnesses to tie together their "theatrics". They will be able to show all the embarrassing email messages once again and talk about them with witnesses who will make them seem even more damning. So it's even. Either side could lose points in rebuttal but either side could also win. I see Jackson's clever choice to bifurcate findings on fact and law as problematic for Microsoft. (It also suggests to me that folks like our dear Senator "Skelator Slade" Gorton have underestimated the sleeping judge.) Jackson seems to be telling the appellate court judges, "Here's the part of the decision that is mine -- all mine. Muck with the findings of law if you must, but don't touch the findings of fact." It doesn't mean they'll listen, but he is giving himself a stronger hand. Given the direction of the trial so far, Jackson could issue finding of fact that would be problematic if Microsoft faces follow-on suits from Sun and others.