JTK wrote: > Chuck Simmons wrote: > >> JTK wrote: >> >>> Howard M. Stark wrote: >>> >>>> Netscape is sueing Microsoft. See this link >>>> <http://www.nytimes.com/2002/01/23/technology/ebusiness/23SOFT.html> . >>>> Will Netscape rise again. >>>> >>>> >>> Of course! Why, just look at what suing Microsoft did for Sun! >>> >>> Oh, just, um, don't look at those stock price chart thingies.... >>> >> >> In this case. AOL does not have to prove that Microsoft violated the >> law. They need only prove that Netscape was damaged by the proved >> violation. > > > Which is not possible unless they find an OJ Simpsonesque jury, since > it is well known that Netscape comitted suicide. > >> The suit is essential because it will recover some of the >> lost investment value. > > > Should they win. Which they won't. The only people that are going to > benefit from this one are the lawyers. > >> Remember, there is little or no question of >> whether or not there was damage. The issue will be how much. >> > > Right, there is *zero* question: No damage was done. Netscape tied > their own rope. > >> The question in my mind is whether or not Microsoft will settle out of >> court. > > > Why would they? Hell, let AOL burn money on legal fees, they have no > case whatsoever. > >> The disadvantage to doing that is it invites other suits having >> the same basis. > > > Right, the same non-existent "WAAAAAA!!! I couldn't compete with > Microsoft! I didn't even try to!" basis. > >> Still, settling out of court might be cheaper. Possibly >> by several hundred million. Remember, there is no question of law here. >> This is a bean counter suit. >> > > Yeah whatever. I fully expect AOL to drop the suit in a month or so > now that they see the non-reaction it's getting.
Pipe dream? Much of the antitrust case that MS just lost was based on their behavior towards Netscape Communications - which is the violation that actually got them convicted of monopoly abuse. Seeking private damages against a sealed conviction in this case would be simple even if the entire jury was MS employees - because the conviction has already happened. Netscape may have made mistakes along the way, but thise mistakes were the equivelant of stalling a car... unfortunately, a Sherman Tank named Microsoft was on their tail, and crushed them before they could recover - using illegal tactics. Fortunately AOL bought the company and provided funding so they could continue their work, so the biggest damage done was forcing Netscape to lose all independence. Patrick
