CPU and Fritz, maybe you'd like to look at it this way...
Gates conceded something which is a fact, yes... you say it's no big deal that he will admit that the Appeals Court upheld the ruling that commingling the code of IE with OS code was an anticompetive and illegal act which contributed to a SAA Article 2 claim of using monpoly power to protect, extend, and/or increase that power. Some people refuse to admit this... (Hmmph) Not only did Gates concede this, he also conceded that there was nothing in the DOJ settlement to account for or remedy this act, this power. (Hmmm)
Here's the interesting part: Gates has insisted that the DOJ not only adequately provides for all of the acts they were found guilty of committing, but that the settlement goes WAY BEYOND what a COURT would GRANT as an appropriate remedy! He probably even says this in his sworn written testimony (that's the part I haven't read yet--maybe not, actually, he wanted to avoid the comparison...).
So what we got in court was...
KUNEY: Mr Gates, would you be willing to agree that the Appeals Court ruled that commingling system code with IE was an anticompetitive and illegal act?
GATES: Yes.
KUNEY: Mr. Gates, would you say that there are any provisions in the current DOJ settlement to account for this?
GATES: Errr... No.
(MY IMAGINATION)
KUNEY: So, Mr. Gates, would you say that you were lying when you said: "This remedy adequately remedies all acts found to be illegal, this was a major win for MS, the case was significantly narrowed, blah, blah, we actually gave the DOJ more than ANY COURT would ever be able to GRANT to US"? Do you remember saying that, Mr. Gates?
GATES: (the sound of crickets) chrpp-chrpp
KUNEY: If you just acknowledged that all of the acts which your company committed are not accounted for by the settlement, how could you possibly have granted MORE than is necessary to remedy the situation that your company is exploiting?
GATES: ummm, err, it depends on what kind of math you use, sometimes less is more, sometimes it's not, sometimes it's both...
MSLAWYER: I object! He's badgering the witness, your Honor, just like that jack@ass sodajerk would do...
...And that's what you call impeaching a witness. Of course, the Courts and the lawyers are too afraid, they ultimately say that the evidence was ambiguous...
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