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Expedited Appeal Proposed by Judge in Microsoft

By evro in News
Wed Apr 05, 2000 at 10:19:41 AM EST
Tags: Technology (all tags)
Technology

Yeah, yeah, yeah; I know, YAMSS (yet another MS story). But this one's good. We have all been assuming MS will appeal and re-appeal this case into oblivion so that no action is ever taken. Well, according to this NYTimes story, Judge Jackson is going to encourage the DoJ to use part of antitrust law that allows plaintiffs to appeal directly to the Supreme Court. If that happens, there will be only one appeal. While that appeal may take a while, it will be the final word.


Someone mentioned this provision on another site, saying that it was included in antitrust law for this very reason -- to make sure corporations didn't keep cases tied up for years in the legal system. Apparently we used to have some rather intelligent lawmakers. You know, before UCITA.

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Expedited Appeal Proposed by Judge in Microsoft | 8 comments (8 topical, editorial, 0 hidden)
Heh. I knew I'd seen this possibil... (none / 0) (#5)
by nascent on Wed Apr 05, 2000 at 02:42:36 AM EST

nascent voted 1 on this story.

Heh. I knew I'd seen this possibility before. Since the biggest sword that MS has right now is stalling, I think this could really hurt their ability to leverage a settlement. Not that this is new info, really, but it's pivotal as hell to this mess.
nascent
http://www.intap.net/~j/

I have this insane little theory th... (none / 0) (#3)
by kraant on Wed Apr 05, 2000 at 03:10:15 AM EST

kraant voted 1 on this story.

I have this insane little theory that there are two groups of lawmakers in america both trying to sneak their pet laws past the rather stupid populace without anyone noticing :P

One sane and one insane :PPP
--
"kraant, open source guru" -- tumeric
Never In Our Names...

Ok, until something newsworthy *act... (none / 0) (#1)
by rusty on Wed Apr 05, 2000 at 03:35:34 AM EST

rusty voted -1 on this story.

Ok, until something newsworthy *actually happens* I'm voting against all MS stories. I don't use their products, I don't really care what happens to them at all, and I certainly don't care enough to be interested in all the rumors.

And in case anyone was thinking about it, until Amiga *actually sells a product in stores* I don't care what they announce. :-)

____
Not the real rusty

Obviously, this would be a good thi... (none / 0) (#6)
by soulhuntre on Wed Apr 05, 2000 at 06:40:02 AM EST

soulhuntre voted 1 on this story.

Obviously, this would be a good thing for Microsoft. There is a good chance that they will win their case on appeal, given how much of the accusations against them Jackson already shot down. A pending appeal fast tracked to the Supreme court will go a long way to getting the civil cases put on hold until a final decision is rendered. This is a case about freedom, and the Supreme court is a good place to make law on this. NOTE: No, I am not a pro-MS zealot :)

So the article says this: ... (none / 0) (#4)
by stimuli on Wed Apr 05, 2000 at 09:29:22 AM EST

stimuli voted 1 on this story.

So the article says this:

In both cases, lawyers for Microsoft and the Justice Department questioned whether the law allowed these fast track appeals, and the judge acknowledged that he was not certain.
I wonder now if anyone knows exactly how this works. I mean, if they don't . . . :)

I also wonder the mood of the Supreme Court on this issue. In many ways, I think, it will rest on the political predisposition of the justices. I don't follow the court closely enough, however, to guess where they might land.
-- Jeffrey Straszheim

Re: So the article says this: ... (none / 0) (#7)
by evro on Wed Apr 05, 2000 at 10:36:07 AM EST

Actually, I wonder what would happen if they appeal it directly to the Supreme Court and the Court decides not to hear the case? Then what happens? Does that mean the ruling stands as-is?
---
"Asking me who to follow -- don't ask me, I don't know!"
[ Parent ]
Re: So the article says this:... (none / 0) (#8)
by bmetzler on Wed Apr 05, 2000 at 11:37:13 AM EST

Does that mean the ruling stands as-is?

Yes.


www.bmetzler.org - it's not just a personal weblog, it's so much more.
[ Parent ]
I certain hope the case goes straig... (none / 0) (#2)
by bmetzler on Wed Apr 05, 2000 at 10:19:41 AM EST

bmetzler voted 1 on this story.

I certain hope the case goes straight to the Supreme Court and then is settled. It's Microsoft's strategy to appeal the case as long as they can until the DoJ is forced to give up the case.
www.bmetzler.org - it's not just a personal weblog, it's so much more.

Expedited Appeal Proposed by Judge in Microsoft | 8 comments (8 topical, 0 editorial, 0 hidden)
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