[Am-info] Re: MS Depositions

[Hans Reiser]

sturde@az.com wrote:

>In <20020130210902.7375929BCD@lists.essential.org>, on 01/30/02 
>   at 04:09 PM, am-info-request@venice.essential.org said:
>
>>Well lets face it.  Its the same justice system that lets OJ Simpson
>>free...  "American Justice.... The finest Justice money can buy....."
>>
>
>>Did you ever think America would let an American company like Microsoft
>>give up the monopoly  they have?  After all the American government, and
>>courts just think...  "We know Microsoft is  guilty and they are
>>assholes, but at least they are American assholes"
>>
>
>The problem I have with an ad hominem attack such as this on "American
>Justice" is that it is plain wrong.  If the judge made a decision, it
>would be based on law and her reading of the law with the facts before
>her.  MS has lost consistently before judges, not once, but again and
>again.  We are now in the penalty phase of the lawsuit, during which MS
>has the opportunity to respond to proposals.  The only place it has
>"gained" is with the DOJ proposed "settlement" which has certainly
>received enormous bad publicity.  And there are clearly others continuing
>the battle.  So to damn and blast because of "defeat" in a skirmish in a
>major battle and war, is unjustified.
>
>James Sturdevant 
>
>
>-----------------------------------------------------------
>sturde@az.com
>
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It is misplaced in regards to the MS case, but it remains true that 
since edwin meese packed the courts antitrust cases have had a dismal 
success rate.  Given that Bush won the election, we will not see 
effective antitrust law enforcement for 25 years.  There are just too 
many judges picked for their philosophical opposition to government 
intervention in the markets, and lack of the necessary grey matter 
needed to understand that free market theories don't apply to 
semi-competitive markets.

Chicago school is going to prevail in the vast majority of cases which 
receive less publicity than Microsoft.  Only heavy publicity can 
overcome judicial sabotage of the law.  Charles Mueller (banned from 
this list) was right in most of what he said, hard as it was to believe 
his cynical view.

Hans