Friday, November 01, 2002

The DC federal judge has rubber-stamped the proposed Microsoft settlement. No surprise. I had to figure that this judge was incompetent to critically analyze the settlement when it has taken her an entire year to review it.

It is amazing that Msft's legal strategy has paid off. Its plan:

  • Use confidentiality agreements to conceal illegal business practices.
  • Rely on completely silly legal arguments, such as claiming that copyright law makes Msft exempt from antitrust law.
  • Rely on completely silly technical arguments, such as claiming that the browser was integrated into the OS.
  • Deny every adverse allegation, no matter how obvious or substantiated.
  • Hope that the feds won't be able to cope with the burden of proof.
  • Submit faked evidence. When it is exposed, claim that it was all a mistake.
  • Coach all witnesses to play dumb in depositions.
  • Prolong and delay at every opportunity, so that any remedy is obsolete by the time it is ordered.
  • Assume the judges will never understand any technical issues, even if the issues are at an 8th-grade level.
  • Baldly say that changing technology necessitates their behavior.
  • Repeat meaningless slogans like "freedom to innovate".
  • If the judge catches on, launch a character assassination on the judge.

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