Freshly Exhumed writes: U.S. District Judge Gladys Kessler may have recently witnessed Apple's impertinent fudging of a UK court's ordered confession of misdeeds and taken away an important lesson, because she has demanded that U.S. tobacco companies publish confessional ads beginning with very specific wording indicating that they lied to consumers over the health dangers of tobacco. Each corrective ad is to be prefaced by a statement that a federal court has concluded that the defendant tobacco companies "deliberately deceived the American public about the health effects of smoking." Among the required statements are that smoking kills more people than murder, AIDS, suicide, drugs, car crashes and alcohol combined, and that "secondhand smoke kills over 3,000 Americans a year." Perhaps big tobacco will try to fight the order by claiming free speech rights under the First Amendment in line with the Citizens United ruling?
Freshly Exhumed writes: Robert Bork, the fiery former federal judge whose U.S. Supreme Court nomination battle galvanized a generation of conservative activists, spent the late 1990s arguing that Microsoft should be carved up into multiple pieces because of antitrust violations. Bork, an antitrust scholar and author of a landmark book on the topic, is now saying that Google is no Microsoft. In a new analysis released at an event in Washington, D.C., today, Bork offers a point-by-point refutation of claims that Google has violated the law or acted in an anticompetitive fashion. Rather, Bork says, it's a case of competitors' sour grapes. 'None of the purported antitrust problems that Google's critics have raised indicates that Google is behaving anticompetitively,' concludes the 29-page legal analysis. 'Given the serious factual, logical, and economic flaws in the antitrust complaints about Google's practices, one can reasonably conclude only that Google's competitors are seeking to use antitrust law to protect their own market positions.'
Freshly Exhumed writes: Federal judge J. Frederick Motz has dismissed the jury on Friday after three days of deadlock after a two-month trial of claims by Novell that Microsoft broke antitrust laws by secretly changing the Windows 95 computer operating system in ways that caused WordPerfect to underperform. Journalist Tom Harvey of the Salt Lake Tribune states that 11 of the jurors could not persuade the 12th of Microsoft's guilt.