Although lengthy, it is excellently lucid: the plaintiffs'
rebuttal to Microsoft -
http://www.naag.org/features/microsoft/reply3.pdf
The site is that of the National Association of Attorneys
General; this is the authentic document. (It is amazing
the extent to which the nightly news can differ from the
actual proceedings.) FYI, The parent URL is
http://www.naag.org/features/microsoft2.html
-Bill
Excerpt, from the "Introduction":
"Microsoft attempts to elide the need for structural
relief by pretending, contrary to the evidence at trial
and this Court's findings, that its conduct had no
effect on competition. For example, the evidence at
trial (including Microsoft's own internal documents)
showed, and this Court found, that Microsoft's illegal
conduct eliminated the serious threat that the browser
and Java posed to become a middleware platform that
would make applications available to multiple operating
systems and erode the applications barrier to entry.
There is no doubt that the browser and Java posed a
serious threat; certainly, Bill Gates and other
Microsoft executives had no doubt at the time. Nor
can there be any doubt that Microsoft's conduct
eliminated that threat. The evidence also showed, and
the Court found, that Microsoft used its control over
its applications (including Office) to limit the ability
of actual and potential competitors to compete effectively.
What remedy does Microsoft propose to undo the damage
to competition caused by its past illegal conduct?
Nothing. Moreover, despite months of analyzing potential
remedies (including reorganizations similar to that
proposed by plaintiffs), and despite the fact that
information concerning potential issues with respect
to such a reorganization is uniquely within Microsoft's
knowledge, Microsoft offers no factual support for any
of it objections. Instead, it offers only unsupported
speculation as to possible problems -- speculation that
is inconsistent with the trial record, with the detailed
submissions made with plaintiffs' remedy proposal, and
with Microsoft's own prior statements."
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