Press conference

["P.A. Petricone" <petrico@ixc.net>]

If you are RealAudio enabled, you may find this clip reveals where the
DOJ's current case may be headed. In particular, about 15 min into the
clip, Bill N. describes in excruciating detail, the legal framework on
which DOJ as so far failed to convince the Court that the deft. violated
the consent decree.

The DOJ may have a better chance of outlining these issues if the
pending appeal of the TRO decision sends it  back for a full discovery
hearing. Establishing a violation of the letter of the decree will not
be easily done. Broadening the scope to a violation of the spirit of the
decree breaks so much new legal ground that I wonder if DOJ is ready for
that, or whether the Court is willing to get into the fringe area of
legislating and maintaining enforcement of a broad decision over time.

If the appeal sends it back, there may be more opportunity for specific
concerns raised here and elsewhere to be considered. Is there any
interest in drafting a developer's and or user's community amicus brief?

I guess as it has been said, this action may have no legal teeth.  At
least it has gone some distance in raising awareness

Regards,

-pap

http://www.zdnet.com/zdnn/special/audio/ms0122.ram