Microsoft Antitrust case wrapped up.
02/28/2001 3:53:53 AM MST Albuquerque, Nm
By Dustin D. Brand; Owner AMO
Microsofts' Antitrust appeal submitted for review, case pending.
Microsoft was ruled a monopoly by Judge Thomas Jackson in December of 1999.
On Monday and Tuesday, live feeds from each 7 hour session before the court were broadcast. I had a chance to watch and listen to CSpan and as an outside observer judge the courts response to Microsoft. Monday was pretty calm, with the Lawyer representing the 19 States which also filed the lawsuit against Microsoft taking much of the pressure.
Roberts was questioned by the court on supposed evidence that Microsoft tying it's Web Browser into the Operating System was an illegal use of tying. Tying is forcing a user to buy another product after buying one. Roberts in my opinion was unable to satisfy the court, and I saw the ruling going in favor of Microsoft for much of the day.
On Tuesday Feb. 27, the second session of 7 hours began before the US Court of Appeals in D.C. On this day, much of the focus of the oral arguments were on Judge Jackson, and his use of slanderous and disparate terms used to describe Microsoft to the Media from his office after his ruling. Jackson was quoted as saying Microsoft was like a "Drug Dealer", and even compared Bill Gates to Napolean. Roberts was left attempting to satisfy the Courts questions on how such
comments could not be considered Biased against Microsoft. Roberts in my opinion did his best, but at times the court ended up raising their voices against him in strong disagreement that Judge Jacksons comments were appropriate. The Cheif Judge of the appeals court went on to point out that in no way were Jacksons comments appropriate, whether he was or wasn't biased, and the rest of the court agreed. The focus on this arguement about Jackson went on for at least 2 hours with the court at times
raising their voices in unicen against Roberts attempts to say that Judge Jackson had the right to say what he said because he was the Judge of the trial.
Ladies and Gentlemen, this trial will definitely go to Microsoft, and could likely head to the Supreme Court. It could be months before the appeals court makes their decision, or it could take a few days, but it is definite that they will not send the case back to Judge Jackson in light of his current view on Microsoft.