---

ZDNet: Don’t expect MS to like these facts

“Some Friday in the next few weeks, Judge Jackson will issue his
initial findings of fact document in the Department of Justice vs.
Microsoft case. Although no one knows what the judge will say, bets
already are on that his conclusions won’t be to Microsoft’s
liking.”

“Some legal experts say the findings of fact document is
more critical than Jackson’s ruling will be.
Their reasoning:
The findings of fact are extremely difficult to challenge,
even when/if Microsoft appeals the case. The findings of fact
will determine the ground rules — such as whether or not
Microsoft has a dominant position in any market in question —
for this case and any subsequent appeals, which Microsoft
has said it will make if the end results of this trial are not in
its favor.

Microsoft officials have said repeatedly that just because they
didn’t do so well in the courtroom theatrics department doesn’t
mean they won’t be victorious when it comes to decision time. …
But other trial watchers say they can’t imagine a judge who laughed
out loud at statements by various Microsoft witnesses to go easy on
Redmond.”

Complete
Story