Appeals Court Judgement = GOOD NEWS

  • Posted: 01 July 2001 02:30 PM

    The one win for the DOJ in the Appeals Court decision was that in dealing with Apple Computer Microsoft violated the Law and has been judged by both Courts to be Guilty as charged.

    With this one decision upheld, Steve Jobs has got to be thrilled. This means a “Slam Dunk” for “treble damages” for Apple in the next round.

    Now the question: If you were Mr. Jobs, what would you ask of Mr. Gates to settle this out of court?

    Here’s mine:
    S.J. - Well Bill, we figure that the damage to Apple here comes up to about the 30% market share we lost to you…  Let’s see, that figure times three is about 300 billion dollars…. how about you just give us your Mac Business Unit and the source code to Office:Mac 2001?

    B.G. -  O.K. Steve, we’ve moved on anyway. OfficeXP is qoing to be a big hit and the ,net hooks in it means we have a better way to wring money out of our “loyal followers”  hehehe… if you have them by the balls the rest will follow…

         
  • Posted: 30 June 2001 06:09 AM #1

    The theft of the Mac UI issue has already been resolved out of court.  I really doubt Apple is going to monetarily benefit from this settlement, although I could be wrong.  Its not really a question of Apple asking Microsoft for a settlement.  A judge will decide what happens to Microsoft.  There are too many companies involved in the case to really settle out of court, if they could.

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    Posted: 30 June 2001 12:46 PM #2

    The Mac GUI issue was indeed settled long ago and is no longer open to a lawsuit.  Aqua is another issue, but I don’t think Luna is *that* much of a rip-off except in spirit.  That’s legal, if shameful.

    Microsoft will be open to lawsuits from a host of other companies, however.  Those lawsuits could hit trillions of dollars, should they occur.  Watch for Microsoft to seek indemnity from all other damages in their attempts to settle this.

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    Favorite (but less relevant than it used to be) Quote: Microsoft’s tyranny lies not in its success, but in the way it achieved and maintains that success.

         
  • Posted: 30 June 2001 09:33 PM #3

    Microsoft was prosecuted by the government and found guilty of violating federal anti-trust laws. This was a criminal suit not a civil suit.
    People/companies file civil suits for monetary compensation.
    Criminal cases are brought about by government (local, state or federal) officers with the intent of punishment (sometimes monetary but it goes to the gov.) not compensation.
    -D

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  • Posted: 30 June 2001 11:56 PM #4

    On 2001-06-30 09:09, Retro wrote:
    The theft of the Mac UI issue has already been resolved out of court.  I really doubt Apple is going to monetarily benefit from this settlement, although I could be wrong.  Its not really a question of Apple asking Microsoft for a settlement.  A judge will decide what happens to Microsoft.  There are too many companies involved in the case to really settle out of court, if they could.

    The finding that was made by Judge Jackson and upheld by the Appeals Court had nothing to do with the UI lawsuit. 

    Microsoft was judged to be in violation of the Sherman Anti-Trust act when it threatened to drop development of the Office product unless Apple exclusively shipped IE and no other browser.

    The remedy (read that as the penalty) for doing this can include “treble” (that’s triple) damages, or it could be structual, meaning the Court could direct Microsoft to “devest itself” of that part of the software they used as an illegal lever on Apple.

    Although it’s true that Bill and Steve won’t be having direct negotiations it seems to me that an Apple lawyer could make a good case for such a thing.

         
  • Posted: 01 July 2001 10:26 AM #5

    Ah yes, I forgot about the IE issue.  But I thought that the agreement to include IE was made with the GUI lawsuit.  I think the only program they “leveraged” was office.  Man this case has been going on a long time..  I forget everything that happened.

    In my opinion, the only way that Apple will benefit from this case is if Microsoft is split up.  No amount of money at this point is going to help Apple take a bigger piece of marketshare, IMO.

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  • Posted: 01 July 2001 10:59 AM #6

    On 2001-07-01 13:26, Retro wrote:
    Ah yes, I forgot about the IE issue.  But I thought that the agreement to include IE was made with the GUI lawsuit.  I think the only program they “leveraged” was office.  Man this case has been going on a long time..  I forget everything that happened.

    In my opinion, the only way that Apple will benefit from this case is if Microsoft is split up.  No amount of money at this point is going to help Apple take a bigger piece of marketshare, IMO.

    well then retro, read the text of the appeals court judgement. It’s a PDF file so if you are running TEN drop it in Viewer.

    I’m saying think of a World where Office:MAC becomes the bundled AppleWorks, that would indeed be better than money.

     

    <font size=-1>[ This Message was edited by: Aphelion on 2001-07-01 14:00 ]</font>

         
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    Posted: 01 July 2001 02:30 PM #7

    I am not too comfortable with Microsoft being forced to give the Mac Business Unit to Apple.  For one thing, we would suddenly be in a world once again where Microsoft didn’t make any Mac products.  If the company remains intact, it is imperative for Apple that MS support the Mac platform.

    Nor do I want to see the Mac Business Unit split off.  I would, however, like to the entire applications business split off.

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    Editor - The Mac Observer

    Favorite (but less relevant than it used to be) Quote: Microsoft’s tyranny lies not in its success, but in the way it achieved and maintains that success.