I don't think they want to be perceived as doing a lay-down in some kind of face-saving settlement, especially where that won't end the case, with the states going forward.
Spencer Waller
They're already implementing some of [the conduct remedies], and my guess is that they are prepared to negotiate about almost all of the rest,.. If you're not talking about a breakup of the company, it's very likely this case will settle if the states agree with the position that the DOJ is taking.
rest talking company breakup conduct
I think it strongly suggests they (Netscape) believe the (proposed) settlement will not restore competition in the market, that it's not enough for their needs.
competition market
I don't think it's a wildly adventurous case, but it shows they're looking at types of competitive restraints they didn't before. I'd sort of look at the government's ability to prove that there is a harm to competition in the sense of either effects on prices, or on the offering of new services in the markets they're concerned about. This isn't a slam-dunk where you prove something and you win. This case involved the economy, and it's much more complex.
competition ability sense win harm economy complex
kind end forward
If Microsoft wants to paint a picture of judge that is biased, this gives them a little more ammunition.
judge picture paint
If they don't do it in this case, I can't imagine why they would ever do it.
imagine
The purpose is so that important cases brought by the government can get definitive resolution quickly and be sped to the top of the ladder. This is the most important case that the government has brought in a generation, so I think it bears the strongest chance.
chance purpose government resolution important
This case is forward-looking enough, dealing with the Internet and other technologies, that the outcome won't be useless once it's all over.
internet useless
I was a little surprised at the tone. It was stark, dramatic and unequivocal.
I had expected there to be some more hearings. I would have expected him to entertain witnesses, but not engage in the full-fledged discovery that Microsoft wanted. That would have given them a little victory, and to the extent where if the court of appeals disagrees with him, it would be on the merits, not the process.
victory process discovery court
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