Comment Re:Little late... (Score 1) 98
The message, if the USA Legal System manages to delivery it, will be : "We will catch you, no matter how much time it takes."
We will catch you and then do what?
Even if IBM gets amount they are seeking, $1.3B is only 0.60% of MSFT's market cap today. Microsoft's business has been climbing the exponential-like part of the logistic curve for 17 years since this happened; their market cap grew from $23.06B on 1 Jan 1994 to $216.78B now. Dollar figures that were meaningful then are just not meaningful now. By pushing the damages out 18 years, Microsoft got a giant interest-free loan from the government which they were able to invest into their illegal, profitable, and fast-growing business.
We need to be able to deter corporate actions contrary to the common interest (ones which are anticompetitive, risky to the economy at large, environmentally damaging, harmful to consumers, or exploitative of employees). If not through our legal system, then how will we accomplish this? If through our legal system, it needs to be quick or at the very least have damages structured in a way to have much more teeth years later. In particular, if the damages were structured as "$XB or $XB*(market cap when paid)/(market cap when alleged violation took place), whichever is greater", the second half of the 'or' would kick in and make the damages nearly 10X greater. That would be 5.6% of MSFT's market capitalization (or $12.2B). I'm not sure that'd be enough to act as a real deterrent, but it'd be much closer anyway.