A more likely scenario, ... is that the Justice Department will let Windows 98 ship but ask the court to schedule a hearing on whether Microsoft should change its behavior. |
Each side will be describing a different planet. |
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. |
I can't comprehend how bumpy the whole trail of witnesses have been for Microsoft. I'm absolutely dumbfounded. |
I do think a restructuring of Microsoft would be more complex. That could be a new challenge. |
I think in many ways, Microsoft has planted some seeds of doubt about the government's hypotheses, |
I think the intriguing thing in the afternoon was the chief judge led the charge [against the government's case] on some of these issues. |
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. |
In the modern era, these cases have been very hard to win and the government's track record is very mixed, |
It creates somewhat of a more positive environment for negotiations, because the government has made this a personal case. |
It shows the ruling is basically going to be the government's proposed order, consisting of a two-way split and interim remedies. |
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. |
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. |
Microsoft succeeded in taking the initiative on the appeal, ... I don't think the government really thought through all of the possible scenarios, and Microsoft ended up outmaneuvering them. |
Microsoft wants to postpone as long as possible the creation of a document that describes how the company could be broken up. |