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Microsoft's protocol license agreement

Microsoft's protocol license agreement

Posted Nov 8, 2004 19:06 UTC (Mon) by sab39 (guest, #2185)
In reply to: Microsoft's protocol license agreement by cpm
Parent article: Microsoft's protocol license agreement

The courts can't force a plaintiff not to settle if that plaintiff is determined to do so. The plaintiff was the Justice Department.

There's no evidence to say what any judge would or wouldn't have done if the Justice Department had been willing to see the case through to the end. But when the organization in charge of prosecuting the case essentially concedes it (as happened with the change of Administration), there's not much the judge can do.


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Microsoft's protocol license agreement

Posted Nov 8, 2004 20:42 UTC (Mon) by cpm (guest, #3554) [Link] (3 responses)

Okay, I get it.

As long as *someone* who is BIGGER than the US Department
of Justice goes after Microsoft, then the courts will be
fair and honest.

got it.

Microsoft's protocol license agreement

Posted Nov 8, 2004 20:44 UTC (Mon) by cpm (guest, #3554) [Link] (2 responses)

Yes, I am being cynical.

Or, perhaps in the face of current and past
events, skeptical.

Microsoft's protocol license agreement

Posted Nov 9, 2004 17:16 UTC (Tue) by sab39 (guest, #2185) [Link] (1 responses)

Actually I was suggesting that as long as *anyone* actually goes after them and sticks to it, the courts will be (at least to a first approximation) fair and honest. Seems that everyone who might have a case decides to settle instead, though - Sun, AOL/Netscape, and now Novell. In at least two out of three of these cases, "settle" appears to be a euphemism for "bend over"... too little information to tell if Novell's in that boat, yet, but their pullout from the European antitrust case suggests that it might have been.

Can't blame the courts for the fact that all the plaintiffs are (as the Governator would put it) legal girlie men...

Microsoft's protocol license agreement

Posted Nov 9, 2004 21:49 UTC (Tue) by cpm (guest, #3554) [Link]

Well, in the end, I think everyone settles, because Microsoft has
very deep pockets, and knows that if a Sun/Novell or whatever is
really going to be responsible to its stockholders, it's going to
take the money, rather than spend every last nickle in a vain
hope that it will live long enough to collect a judgement.

MS can, and will tie things up until it get terms it can live with,
and no one has pocket deep enough to test MS in the long haul.


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