Jim Cullinan
Jim Cullinan
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It's surprising that they took 17 pages to respond to our two-paragraph request for a stay from the trial court. These requests are normally pro-forma. The real request for a stay is filed at the appeals court level.
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There's nothing in the court of appeals decision or the original decision that supports the contention that Microsoft overcharged consumers. We believe that there is no validity to these suggestions. And we believe so far that we have been successful in many of the private class-action lawsuits.
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The government is making good points from a public-relations perspective but a number of points haven't been touched.
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The government has only made cosmetic changes to its vague and ambiguous proposal. Their plan remains unprecedented, excessive, and harmful. The exercise of the past few days does not substitute in any way for a legitimate process, in which Microsoft could have challenged the government's assumptions and assertions related to its unprecedented breakup plan and draconian regulations.
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The government's proposal does not change the fact that breaking Microsoft up will be bad for consumers, bad for the high-tech industry and bad for the economy.
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The government's petition is certainly questionable about the rationale for expediting this case directly to the Supreme Court. Microsoft does not believe that the government should try to evade the Court of Appeals.
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The government asked for the conference call in order to get more time. The government wants more time because they realize how vague, ambiguous, and poorly written their proposal is after reading our filing yesterday.
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We think we are going to win whichever place we go, but with the huge record this case contains and the huge number of procedural, factual, and legal errors committed, we think the appeals court would be a more appropriate venue for the first phase.
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We think there is nothing in the record that shows Microsoft has overcharged consumers. It's the exact opposite of what Microsoft's business model has been. Every market Microsoft has gone into has resulted in lower prices.
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We believe Sun's legal strategy is shortsighted because we believe it limits choice among software developers to get the best Java implementation.
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We work very hard with companies and ISPs (Internet service providers) to ensure that their applications work great on Windows. That doesn't mean we can't compete with them, but we understand we have to do both.
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It clearly reveals one important thing that the government is trying to do, which is avoid the Court of Appeals in every possible way.
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We're pleased that these cases have been put together in a more efficient manner and look forward to presenting arguments to Judge Motz.
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We look forward to working with Judge Posner. We think this is potentially a very positive step toward resolving the case.