[KLUG Members] MSFT wins

[Adam Tauno Williams]

>>>The Court of Appeals has dashed the sentence, but has remanded the
>>>cse back to the District Court level, and remove Thomas Penfield
>>>Jackson from the case. It is possible that a rework with a different
>>>judge may result in the same decision and/or the same sentence.
>>I dunno, everything that I have heard thus far coming out of the
>>various talking heads and sound-byte interviews lends people to 
>>believe that 'splitting up' will not be a consideration.

Several DOJ advisors were on the radio saying that they still 
advocate "internal" some sort of break-up as a remediation.  And that a 
financial penalty would simply be a mockery of the charge.  Of course, those 
are just adivsors and not judges.  I don't expect a resolution for years.

>Right, you don't know, and nether do the pundits, analysts, and
>commentators. I was merely limiting my remarks to the possible; judges 
>tend to rule nothing out until they (and not pundits) have examined the 
>case.
>>...I think this will make any other judges less prone to follow
>>Jackson's lead when solutions are being dolled out.
>I think Federal Court judges are going to make up their own minds about
>these things, and is hard to "mastrermind" what these folks are going
>to do. I very much doubt (and it would be thrown out if discovered) that a
>judge went into examination of this (or any) case with the sort of pre-
>disposition thats been slung around the media since the decision.

The media (and maybe the general public) has no clue how the justice system 
actually works.

>>Furthermore, a lot of the discussions I am reading and hearing point to
>>the possibility of a 'settlement' between the DoJ and M$, and all are
>>saying the same thing - Micro$oft will probably go for anything short of a
>>break-up when considering a settlement resolution.
>This is almost always the course these cases take; counsel for both
>sides can see the handwriting on the wall, and understand that a negotiated
>settle-ment is going to yeild a better outcome over the long haul.
>>>overturning all but accused judge Jackson of being prejudiced in his
>>>choice to split of microsoft. (pointing out the nature of his
>>>language as being hostile and such)  I think this will make any other
>>>judges less prone to follow Jackson's lead when solutions are being dolled 
>>>out.

My experience is that Judges tend to be fiercely independent (proud?) people,  
and once they have disparaged Jackson sufficiently they will reach whatever 
decision THEY think is appropriate,  regardless of if it is similair to 
Jacksons decision or not.  Most Judges are not politicians (and may the powers 
have abundant mercy on us if that ever changes).

>>The appellate court overturned the sentence--or the remedy, rather--of
>>breakup. That's all. Their 7-0 decision in removing Penfield Jackson
>>could be read as paranoid caution in keeping the judiciary's impartiality
>>inviolate, rather than pro-MS sentiment; frankly, that a US Appelate
>>Court (rumored soft on business) upheld the finding of MS as an abusive

Well, facts are facts.  Alot has been made about the current administrations 
effect on the case.  I don't think they're will be much at all.  Any perception 
of influence would be VERY bad politically as they already have plenty of 
people who don't like them.  "Don't mail ammunition to your enemy".  Having a 
fair amount of experience with the criminal justice system, while it all moves 
at glacial speed, I have a fair amount of confidence that the system is more-or-
less fair and actually about "facts".  Given the personality of most judges 
I've met, I think it would be a very brave elected official indeed who tried to 
influence one.  Of course I'm assuming that high-court judges are of the same 
cut as the bottom dwellers that I've interacted with.

>>The breakup of AT&T was all for the best. Each RBOC is now the size the
>>Bell System used to be. But separating long-distance and 5 final-mile
>>servers was easy. Each state's Bell company was a separate entity. Splitting
>>and joining was simple math, as it were. The breakup of M$ would likely have
>>been the Federal judiciary's Viet Nam--or another Roe v. Wade. Breakup would
>>be a political, economic and judicial nightmare. 

I doubt it.  It is all to abstract for the average american to get worked up 
over.  Nobody drove to a suburb (where there are an estimated 10x more guns 
than in the "inner city") and shot a respectable person's saintly teenager.
 
>1. Operating Systems
>	Windows... CE ME NT, etc.
>2. Applications
>	Office, Project, Money, etc.
>3. Network Products
>	MSIE, MSN, MS Messenger, Cable systems, etc.
>4. Manufacturing
>	Mice, Keyboards, X-BOX, financing, etc.
>Then, cut 'em free and let everyone compete; I might put in place court

I think much less is actually required.  In looking at GNOME, I think the 
integeration of the browser with the "desktop" (which is to the layman 
indivisable from the OS) is an inevitability.  All you need (IMHO) is division 
between "OS & Network Products" and Office (misc other irrelevant 
applications).  This will take the wind from their sales.

>>Even as the Federal Govt.'s POSE standard cleared the was for Unix
>>(and OpenVMS, Windows NT, et al.), a new application standard would go a
>>long way to cracking MS's monopoly. ...an app standard would be a real FUD-
>killer. I think this is starting to happen; indications of it are items like 
>DOD adoption of Star Office, broad relization that cross platform standards
>like XML are Good Things, and so on.

CORBA, SOAP, and XML!!!

But XML is only as good as the available DTD's.  I still think it is in M$'s 
power to kill all the advantages to XML.  And I'm certain they will try.

But is OSS and other platforms can hold ground awhile longer I think M$ power 
may be at it's crest.  It's current license changes are STUNNING in wake of the 
DOJ trial.  Tighter bonding of Office XP and Active Directory, etc... it almost 
seems unbelievable.  If they escape this one,  they'll be back in court 
tomorrow.  But I also keep reading about the migration of web apps from ActiveX 
to more DHTML, the continue-ing creep of Java, etc...  Seems like alot of VB 
developers have been taking other classes at night.  But that is all just my 
ancedotal gut-feeling.

>>As for another court, just remember that 19 state attorneys general are
>>in on US v. Microsoft. That's a wolf pack even Chairman Bill will be
>>panting to leave behind. Yes, and these folks are just as dedicated to
>>pursuing this matter as they ever were, perhaps more so.
>Like I said, it ain't over 'til it's over! :)

I suspect the "fat lady" is a mythical figure.  It ain't ever over.

Systems and Network Administrator
Morrison Industries
1825 Monroe Ave NW.
Grand Rapids, MI. 49505