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  Microsoft Argument May Be Weak
Time: 10:31 EST/15:31 GMT | News Source: Associated Press | Posted By: Robert Stein

Microsoft Corp. is using a potentially risky strategy to avoid tough antitrust penalties, legal experts say. The company is portraying states that want the penalties as tools of its competitors. San Francisco antitrust lawyer Dana Hayter said Microsoft has to prove more than a close relationship exists between the states and the technology companies that compete with Microsoft. The company also has to show that the penalties the states are seeking won't benefit consumers.

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#1 By 3339 (65.198.47.10) at 4/2/2002 1:15:15 PM
#1, it's a weak argument because MS is making the argument about the source of the testimony, not the testimony, what it says is wrong in the marketplace, and what it says would correct it. Back in 97 and thru 2000, the biggest complaint was probably that the lawyers had no understanding of technology. Now we actually get someone saying: this is how MS affects us, this is what would fix it. Would those fixes hurt the consumer? Only in MS's mind where it's impossible for them to "fix" anything. There's no way this case is going to come off as the complete orchestration of the competitors, so even with some bias, you are getting solid, accepted evidence of continued monopolist behavior harming the marketplace to this day, you have competitors saying the current solution is not enough, you have them saying they would prefer the alternate solution. Unless you could prove harm to the marketplace and consumer, why wouldn't you side with the unsettlers? MS says because of AOL, Sun, Palm, and Novell. A few names is not a good enough reason for me.

I recommend looking closely at the testimony of MacGeady who really got it. He provided wonderful testimony, and then when asked about his feelings for MS, he was unabashed about saying, "Yes, I've said MS is evil and will continue to... They need a little bashing and can take it... Those are just my personal words, and they don't affect the truth of the statements I've made today." That's a made-up paraphrase, but it pretty accurately states his point. Remember bias isn't illegal for witnesses--bias doesn't negate evidence (it may mitigate it a bit but...) it certainly doesn't controvert it. MS should try to controvert some of it, instead of simply portraying it all as biased.

#2 By 135 (209.180.28.6) at 4/2/2002 1:55:16 PM
It's a weak argument because sodajerk says so.

Roll over and bark like a dog... there that's a good boy.

#3 By 3339 (65.198.47.10) at 4/2/2002 2:11:37 PM
Boy, that's brilliant, soda, you work just like MS. MS says this testimony is invalid because they have bias against MS, but the competitors have bias against MS because MS has been biased against them for the past 5 years. What's your rebuttal? I don't like sodajerk's opinion because it's anti-MS. Brilliant.

By the way, I also love this theory that I cow to the competition's party line--that's pure hilarity. You are the sheep, soda--not me.

This post was edited by sodajerk on Tuesday, April 02, 2002 at 14:43.

#4 By 135 (209.180.28.6) at 4/2/2002 5:12:35 PM
"that's brilliant, soda"

Why thank you jerk. It's nice to see a compliment come out of you every once in a while.



#5 By 3339 (65.198.47.10) at 4/2/2002 5:21:57 PM
soda, just running up those post numbers, huh? Nothing interesting to say? Run along.

#6 By 3339 (65.198.47.10) at 4/2/2002 5:52:32 PM
"If you haven't already noticed this is mostly MS-pro site, your comments are source of annoyance to this community." Oh, poor friggin baby.

You clearly don't know sh1t about me (I'm not a Sun or Linux fan), haven't been to this site often (I have to tell some idiot I'm not a linux user about twice a week), and are using an anon account. I believe it is you who can move along.

#7 By 3339 (65.198.47.10) at 4/2/2002 6:17:59 PM
you guys are frustrating but DAAAAAAAAAMN amusing!!! ;-)

Not a single one of you can come to the conclusion that not a single one of you is able to defend MS on this... So instead of having a rebuttal of my arguments or a defense for MS, I get the same sh!t I've seen from softies for years.

#8 By 135 (209.180.28.6) at 4/2/2002 6:47:56 PM
I think you are confused, jerk. It's not that we can't defend MS on this... I certainly can. But it would be like talking to a brick wall. What's the point? You never listen to the arguments, just keep repeating the same old crap over and over.

So if I can get a little humour out of my day by making fun of you, I will. :)

#9 By 3339 (65.198.47.10) at 4/2/2002 6:53:09 PM
Please, soda, I'm always willing to talk to you. AND you never have a problem providing your opinion when it's a convenient, expedient, and friendly environment. It's you that always runs away from me or just resorts to name calling. I see you had no problem cousying up to Novak's little piece of trash yesterday. So why can't you say what's wrong with this piece today?

#10 By 20 (24.243.32.227) at 4/2/2002 9:30:10 PM
It is a sad day in the American JustAss System when the truth isn't the best legal defense. Sad, sad indeed.

#11 By 135 (208.50.201.48) at 4/3/2002 1:03:08 AM
#17 - Oh please. You still haven't changed to using a login besides sodajerk, and you accuse me of name calling?

#18 - Oh yeah sure... And Microsoft also doesn't need the false accusations and lies from the likes of you and sodajerk. President Bush doesn't need my defense either, and I don't particularly like him or his politics. But if you were spreading the same type of FUD regarding him, I'd be standing here in this same position defending him.

You don't seem to understand that the problem right now is the anti-MS zealots have gone too far.

#12 By 135 (209.180.28.6) at 4/3/2002 11:47:24 AM
#21 - Then why are you so afraid of Microsoft?

#13 By 3339 (65.198.47.10) at 4/3/2002 1:32:39 PM
"Oh please. You still haven't changed to using a login besides sodajerk, and you accuse me of name calling?"

You know what will get me to change my name. And I thought I was making fun of myself with this name; after all, people call me jerk, don't they?

#14 By 3339 (65.198.47.10) at 4/3/2002 4:37:43 PM
troll, I don't think you were around when this began--soda started harassing me from the beginning, he insisted that I was lying which I haven't. And he's the one he keeps returning to the issue by asking me when I'm going to change my name. He knows the answer, when he admits that he was wrong. Simple. Have I ever gone after you for imitating my name? No. Why should I rename myself when I enjoy exposing the ignorance and arrogance of softies who assume that you can't be a windows user if you speak against them, who assume you have to be a penguinista. Instead of my changing my name, why don't they get over their crap and realize that there is more to the world then what Billy and Steve tell them about Windows and the evil viral Linux?

#15 By 135 (209.180.28.6) at 4/3/2002 5:31:05 PM
trolljerk is absolutely correct.

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