It's the Dubya factor... (Score 3)

George W. has made random noises suggesting he'd be friendlier to Big Business. Let's say Judge Jackson slams Micro$oft later this week - it isn't over then. Micro$oft can appeal, and if Dubya's in office (and controlling DOJ, as well as the Antitrust folks themselves - Klein may be *gone* in a year, y'all...), the vigor with which M$ has been pursued thus far may disappear. A settlement, on the other hand, really can't be as easily rescinded or ignored after November if Bush wins.

Don't mistake law for reality - politics play a very, very big role here.