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  Judge Compares Microsoft to Tonya Harding
Time: 15:01 EST/20:01 GMT | News Source: Associated Press | Posted By: Robert Stein

Motz ruminated from the bench Thursday as attorneys gave their closing arguments in the three-day hearing on Sun's request to force Microsoft to carry the latest version of Sun's Java programming language in Windows. After assuming for the sake of the analogy that Kerrigan was the better skater, Motz said: "Nancy Kerrigan is deprived of the opportunity to compete on those two good knees." Motz also compared Microsoft's anticompetitive conduct to a baseball game between the Orioles and Yankees, in which one team uses a camera in center field to steal signals from the opponent. The judge said there was a "social value" in being able to participate fairly in a market undistorted by one's competitor. "Capitalism is about making money, but it's also about something else. It's also about pride of product," Motz said.

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#1 By 2 (24.51.234.43) at 12/6/2002 3:03:23 PM
From the sounds of this judge, he seems a little too opinionated. I mean, look at his comments. He looks like he works for Sun! If he doesn't shut his mouth he is going to do more harm then good. Remember Jackson?

This post was edited by AWBobStein on Friday, December 06, 2002 at 15:10.

#2 By 1913 (136.171.123.6) at 12/6/2002 3:13:03 PM
Sweet merciful crap ...the judge is all liquored up!!!

There are other things out there that he compare it to (none comes to mind at this moment) ...but why Tonya and Nancy?

#3 By 7711 (68.45.63.108) at 12/6/2002 3:55:55 PM
"...but it's also about something else. It's also about pride of product," Motz said. "

Isn't that the point? Java is crap, and instead of working on improving their product (which MS did), they're crying to the courts for remedy. That's not capitalism either, is it?

Get over it, Netscape, Sun, et al. Put your money into product development instead of your legal department, and maybe you'll actually make a product that willl make you money.

Now that's capitalism.

#4 By 1124 (165.170.128.68) at 12/6/2002 4:56:00 PM
"repressvie actions by Microsoft concerning independant entities right to combine combinations of software that they deem best"

Give us an example of this please.

I noticed that most PC OEMs are giving their users a choice of office or wordperfect suites.

Good luck with you companies choice of the "now superior Open Source Linux alternatives."

BTW, what makes in "now superior"?

#5 By 7390 (198.246.16.251) at 12/6/2002 5:29:03 PM
#5, what a load of crap.

"independant entities right to combine combinations of software that they deem best" huh?

you buy the license, you install it, what is repressvie about that? Granted in the past the were contractual limitation placed on OEMs. But to my knowledge you can buy what you want and install what you want.

"planning a move away from Microsoft products and technoligies to the now superior Open Source Linux alternatives. "Please give and example. I am betting that you can't :)


#6 By 3339 (65.198.47.10) at 12/6/2002 5:37:36 PM
"I noticed that most PC OEMs are giving their users a choice of office or wordperfect suites."

Umm, that was just made possible in the last six months or so. They always wanted to, but were unable to until MS was forced to change their policies through legal action.

Were you trying to make a case for why legal action would be good in this example as well? Yes, you have a good point then.

#7 By 3339 (65.198.47.10) at 12/6/2002 7:23:10 PM
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#8 By 3653 (65.190.70.73) at 12/6/2002 7:48:12 PM
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#9 By 3653 (65.190.70.73) at 12/6/2002 7:55:16 PM
http://biz.yahoo.com/djus/021206/1916000595_1.html

In the final minutes of the hearing, U.S. District Court Judge J. Frederick Motz said that he probably couldn't justify the request because of a lack of evidence that Sun would suffer immediate, irreparable harm if the injunction isn't granted.

#10 By 3339 (65.198.47.10) at 12/6/2002 7:56:03 PM
mooresa, please tell me that I am incorrect and that I'm talking out of my @ss, then I'll apologize. I'm getting bored with idiots asking for proof regarding what 90% of us understand and accept as fact.

I wouldn't mind hearing your explanation for why you should be an exception to the rule either.

This post was edited by sodajerk on Friday, December 06, 2002 at 20:07.

#11 By 3339 (65.198.47.10) at 12/6/2002 8:02:57 PM
"In the final minutes of the hearing, U.S. District Court Judge J. Frederick Motz said that he probably couldn't justify the request because of a lack of evidence that Sun would suffer immediate, irreparable harm if the injunction isn't granted."

which is only a requirement of the preliminary injunction which Motz recommended against.

#12 By 1643 (205.240.158.3) at 12/6/2002 8:04:17 PM
"90% of us understand and accept as fact. "

Well 90% of people are sheep and easily manipulated...bahhhhh!!

PS - OEMs have been selling other non ms productivity packages for years...and that's a fact, jerk!!!

PSS – Everything posted on the register and /. is true and not manipulated or skewed (hal truths)…you don’t need to check for facts or view other perspectives…we are the truth…believe, believe!!! :)

#13 By 1643 (205.240.158.3) at 12/6/2002 8:08:17 PM
PSSS - coolbe_va, the reason MS states their must be an OS (any os, it could be BEOS, linux, whatever) because people would end up putting windows on a majority of the time anyway. Thus, it is cheaper for MS to do this (which reduces piracy) than charge only the customers who are honest a higher price...which a majority of people are sadly not.

Do you comprehend that???

What company do you work for, it will be an excellent linux poster child?

#14 By 3339 (65.198.47.10) at 12/6/2002 8:09:42 PM
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#15 By 1643 (205.240.158.3) at 12/6/2002 8:12:59 PM
bahhhhhhhhhh!!!

#16 By 3339 (65.198.47.10) at 12/6/2002 8:16:40 PM
You're the one who's asking to be educated by ME!

Stick around: you'll learn a thing or two about who I am.

#17 By 3339 (65.198.47.10) at 12/6/2002 8:18:19 PM
And I didn't say I was going away. I said I was moving on: I don't have to prove what is fact. I can move on to the next point. Do you have anything better to contribute besides being lazy and begging for information?

#18 By 3339 (65.198.47.10) at 12/6/2002 8:28:33 PM
okay, so I get to keep calling you an ignorant bastard, right?


1. Anti-Retaliation and Uniform Licenses
Section III.A bars Microsoft from “retaliat[ion]” against OEMs by altering its commercial
relationship with that OEM or “withholding newly introduced forms of non-monetary
Consideration . . . from that OEM” in certain circumstances. Id. § III.A. In particular, the
provision bars retaliation where Microsoft knows the OEM “is or is contemplating”:
1. developing, distributing, promoting, using, selling, or licensing any software
that competes with Microsoft Platform Software or any product or service that
distributes or promotes any Non-Microsoft Middleware;
2. shipping a Personal Computer that (a) includes both a Windows Operating
System Product and a non-Microsoft Operating System, or (b) will boot with
more than one Operating System; or
3. exercising any of the options or alternatives provided for under this Final
Judgment.

#19 By 3339 (65.198.47.10) at 12/6/2002 8:33:21 PM
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#20 By 3339 (65.198.47.10) at 12/6/2002 8:39:54 PM
and what makes you not a troll, ignorant bastard?

#21 By 3339 (65.198.47.10) at 12/6/2002 8:41:46 PM
Please tell me what my contention is and what about my post doesn't reaffirm it?

Jesus, even for an ignorant bastard, you sure are lazy and pathetic. You could at least say what you find wrong--instead it's:

wrong, prove it, I don't care what everyone knows prove it, prove it, okay you proved it but I'm an ignorant bastard so I'll say keep proving it... Get a life, dip.

This post was edited by sodajerk on Friday, December 06, 2002 at 20:42.

#22 By 3339 (65.198.47.10) at 12/6/2002 8:47:14 PM
why don't you do something I ask? I answered your first request satisfactorily in my mind so please return the favor and answer my request: what was my original contention and how does the post above fail to support it?

please, ignorant bastard.

#23 By 1896 (208.61.156.99) at 12/6/2002 9:29:32 PM
I remember when everybody was using WordPerfect as word processor and Lotus or QuattroPro as spreadsheet; I personally loved QuattroPro and I switched to Excel only when it reached version IV if I remember correctly.

#24 By 3653 (65.190.70.73) at 12/6/2002 10:34:21 PM
LOL, I think mxyztplk got him.

Hey sodajerk, you said "which is only a requirement of the preliminary injunction which Motz recommended against. "

GUESS WHAT? THATS WHAT THE HEARING IS ABOUT!!! YOUR POINT IS?

Are you taking cold medicine tonight? Cause you are off, even more than usual.

Let me help you with mxyztplk's request. He wants to know which "legal action" (sodajerk's words) freed the oem's to include WordPerfect? I have to admit, its a valid question. As far as I know, those OEM's have always been able to include Office alternatives. Well jerk?

This post was edited by mooresa56 on Friday, December 06, 2002 at 22:47.

#25 By 135 (209.180.28.6) at 12/7/2002 2:17:42 AM
z00ker - Yeah, it looks like it got to this point where nobody knows what they are arguing about.

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