Microsoft Trial Sent Back To Lower Court 294
nexex writes: "FoxNews is reporting that as expected, a federal appeals court sent Microsoft Corp.'s antitrust case Friday back to a lower court to determine what penalty should be imposed on the software giant. "Microsoft has failed to demonstrate any substantial harm that would result from the reactivation of proceedings in the district court," the appeals court ruled. "It appears that Microsoft has misconstrued our opinion, particularly with respect to what would have been required to justify vacating the district court's findings of fact and conclusions of law," the court wrote." Well, now we get to hear about Kollar-Kotelly instead of Jackson. Yay.
At this rate... (Score:4, Insightful)
This is getting ridiculous. This is clearly a flaw and in the way US's law-model was designed. If you have the money, you can go on and on and on as long as you want.
Re:Just buy it or don't! What IS the prob??? (Score:5, Insightful)
The problem is....
I can uninstall Warp. And I can uninstall HatJava. But I can't uninstall IE. And the majority of the people out there are lazy apathetic people who are thinking "Well, it's fre, and it's already installed, and even if I install something else, it'll still be taking up space, so I'll just use this [browser|encoder|player|...]".
The issue isn't that other applications can be installed with Windows. The issue is that other applications _have_ to be installed with Windows. Not only that, but that for Windows to even work correctly, some of those applications have to be present. If you don't see the problem with this, let me try this. You can buy these CD's, but in order to do that, you have to buy this CD player. And this CD case. And this CD labeling system. You may never use these tools, but that's how the CD's come - bundled with all this other stuff.
You forget that you are a technical person probably with a broadband connection. 90% of the US, at last count, was still on 56K or slower dialup connections, and 98% of them run Windows. Sure then can download Netscape and RealPlayer and Quicktime, but they aren't going to, because it's inconvenient, and Cousin Betty got a virus the last time she installed software from the internet, or it may not work right, and then they will get pissed off, run their restore CD, and not put Netscape, Realplay, or Quicktime back on the new install.
The typical PC user is _dumb_ when it comes to how computers work and what they do. Even the non-typical ones are pretty dumb. My wife knows a good deal about computers, just from me, but when it comes down to it, she just wants her computer to work. She complained last night because she had to reboot after updating the DAT file for McAfee. Of course you have to reboot, but it was an inconvenience, and she wanted to go play EverQuest.
This case isn't about defending the rights of the Geeks to get Opera and Cygnus WinTools and stuff pre-instlaled on our computer from Dell, it's about defending the apathetic Joe Average computer user from having their entire computing experience controlled by a single company.
Re:NOT old news (Score:4, Insightful)
Damn right he was biased. He has an obligation to be biased against any party who gives false
testimony in his court!
What surprises me the most about this Microsoft
trial, is that the Antitrust act is still the focus. The perjury alone should have been enough
to bring down the empire.
Re:Fuck all you commies (Score:5, Insightful)
I don't usually respond to zero-rated comments because nobody but you will probably ever get to see my reply. Or care to.
That aside, I've often wondered if Bill wouldn't do just exactly what you propose? I've dealt with bullies on the playground as a child, and I have a serial workplace bully for a boss now. Bill Gates is undeniably and provably a corporate bully. And a bully's behaviour is extremely predictable. As soon as they recognize they are in a lose-lose situation, they don't just exit the situation, they end it for all involved so that nobody can win. The classic "I'm going to take my ball and go home" maneuver. So, yes, I think there's a slight possibility he might do what you want him to do.
As far as ruining the economy, you've grossly overestimated Microsoft's contribution to the world economy. Statistically, they're a pimple on the ass of something the size of General Motors. They consume few manufactured goods, thus very few suppliers are wholly dependant on Microsoft as a customer for their survival. And if Bill closed the gates to Redmond tomorrow, all their 'old' software that's out in the wild today will just keep on running as it always has. If I can't buy a new release of Windows next year, my company will not go 'tits up'. In the meantime, those ex-Microsoft employees are going to get together and fund startup companies, or go to work for newly emboldened ex-rivals who are competitively hamstrung by today's monopoly controlled marketplace. If the demand for Microsoft-style products exists, then somebody will fill the void. It's always been that way in a free market economy, and I hope it always will.
Anyway, if Bill wants to burn the place to the ground, I'll be more than happy give him the match. And aside from a little more overtime for haggard Washington firefighters, it probably won't have that much of a financial impact on anybody else one way or the other.
Re:I dissagree (Score:4, Insightful)
The difference is that someone on deathrow spends their time in a prison. Rather than being able to carry on with whatever they are doing whilst possibly having to attend court so infrequently its hardly even an inconvenience...