39 ordspråk av William Kovacic

William Kovacic

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I would be surprised if there are no discussions. But the intensity and fruitfulness of the talks will depend on how Jackson writes his findings of fact. He would have to give each side something to worry about.

It creates somewhat of a more positive environment for negotiations, because the government has made this a personal case.

This is the government's and Jackson's dilemma, ... No serious remedy will be put into place until the appeals process is finished. It's like someone knowing he's sick, but he gets a prescription that can't be filled for three years.

Microsoft has already changed its behavior, ... They've backed off some of the contested practices. Their competitors have been emboldened to do things they may not have done before the trial. The government has gotten a lot of what they wanted. The company is not swinging away like they used to.

Norris, more than anyone else, showed how difference in royalty terms reinforced Microsoft's control over equipment suppliers,

This company is supremely adaptable, ... They're buying their way into the cable business and technological alternatives. The government's fear is that Microsoft will get off the existing platform [Windows-based computers] and on another. The government is confident that this company did something wrong, but they're not confident of what to do about it.

They have to take the additional step of explaining the reason everyone does these types of deals is because it's pro-competitive, ... The government argues that other companies [make these deals because they] are driven to the wall to stay alive, that they're driven to these desperate measures because Microsoft forced them to.

I can't comprehend how bumpy the whole trail of witnesses have been for Microsoft. I'm absolutely dumbfounded.

The great psychic fear in the Justice Department is that it will achieve a hollow victory, ... There will be this declaration of a violation of the law, but they will not have effective solutions to restore competition.

Microsoft succeeded in drawing the judge's attention to, at minimum, diminishing any remedies prescribed at the end of the case, ... They've also put doubt in his mind that Netscape has been precluded from getting its products to its customers.

I think in many ways, Microsoft has planted some seeds of doubt about the government's hypotheses,

The chances are greater than zero, but not much. Regardless of who's asking for an injunction, the chances are very remote [that one would be granted in time].

His antipathy toward the defendant is apparent, ... Jackson was careless in the order last fall when he issued the injunction without a hearing. He can't do that again here.

The more time Microsoft has, it makes it harder [for the government] to establish a remedy that would limit Microsoft's flexibility in selling Windows 98, ... Each month that goes by makes it harder to obtain effective relief.

They would be asking the court to stand in the way of a major product introduction,

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