The Microsoft Antitrust Appeal: Judge Jackson's "Findings of Fact" Revisited

Overview

A judge's legal ruling can be a complex interaction between facts and laws. However, if a judge bases his ruling on erroneous technological theories, speculation, and forecasts, the final decision will be a wasteland of legal mumbo-jumbo, incomprehensible to both lawyers and critics. This is what happened when Judge Thomas Penfield Jackson decided the Microsoft antitrust case, ordering the division of the software giant into two separate companies. In a major new study of the Microsoft antitrust case, Hudson ...
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Overview

A judge's legal ruling can be a complex interaction between facts and laws. However, if a judge bases his ruling on erroneous technological theories, speculation, and forecasts, the final decision will be a wasteland of legal mumbo-jumbo, incomprehensible to both lawyers and critics. This is what happened when Judge Thomas Penfield Jackson decided the Microsoft antitrust case, ordering the division of the software giant into two separate companies. In a major new study of the Microsoft antitrust case, Hudson Institute economist Alan Reynolds examines, point for point, every Finding of Fact on which Judge Jackson based his conclusions. He critiques the accuracy, consistency, and relevance of nearly all of the judge's 412 Facts, finding that half of the facts went unmentioned in the judge's legal conclusions. This leads Reynolds to the verdict that the case is "literally baseless." The book also provides detailed reporting of key meetings and memos from Microsoft, Netscape, and many more top players involved in the trial or the computer software and hardware industries. Reynolds brings the reader deep into the world of legal questions surrounding computers and software, and gives deep insights into this increasingly important industry.
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Product Details

  • ISBN-13: 9781558131309
  • Publisher: Hudson Institute
  • Publication date: 1/28/2001
  • Pages: 135

Table of Contents

Introduction 1
Judge Jackson's "Findings of Fact" Revisited 7
Findings or Facts? 13
Two Conflicting Theories 21
Judicial Doubts About the DOJ Middleware Muddle 27
The Applications Barrier to Clear Thinking 35
Volume Discounts, Not Unprofitable Favoritism 41
Netscape's Browser Was Never Magical 47
Judge Jackson Rebuts the Alleged Java Threat 53
Legends About Navigator for Windows 95 55
All Browsers Are Internet Platforms 67
Mac Is No Competition, but QuickTime Is? 73
Who Abandoned What? 77
A Free and Costly Browser 81
This Is Consumer Harm? 87
Sabotaging Internet Integration and Meaningless Courtroom Theatrics 93
AOL Wants to Keep Subscribers at Home 103
Consumers (and AOL) Picked the Wrong Browser 111
Conclusion 123
Notes 127
About Hudson Institute 135
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