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This is intended
as a brief analysis of some of the proposed solutions / settlements to the 1998/1999
Microsoft anti-trust lawsuit brought by the United States Department of Justice
and several of the Attorneys General of the States constituting the United States
of America.
As a base of argument let me state a few postulates. As a condition
of the terms of a plea bargain: 1) the defendant shall agree that the plea is
the same as a guilty verdict and 2) crime shall not pay.
Let me continue that
the suit is brought against a repeat offender. This defendant was brought before
the Federal courts previously and agreed to a plea bargain in 1995. Although the
current court found that Microsoft was not currently in violation of the letter
of the 1995 Consent Decree, it did hint that the defendant was in violation of
the spirit of the law. Therefore it is important to note now that there was significant
juridical opposition to the consent decree of 1995 based upon vague wording and
unenforceability. These mistakes should not be made again by the learned Attorneys
General and Judge Jackson.