MS Office on Linux 14803
Well, he *did* make it a requirement that his statements not be published until the trial was over. Apparently he figured that satisfied the requirements; obviously the appeals court disagreed, and they get the final say.
Of course, his statements were based on his experience in court with them, e.g.:
MS Office on Linux 14804
Yup, me too... at work. Because the testing is done differently. Instead of fixing a lot of bugs and moving in a lot of new features, then...
Between autumn 1997 and summer 1999 Jackson said he spent most of his judicial time "evaluating evidence in the consent decree proceedings and the trial of the anbreastrust actions." He referred to affidavits, depositions and court testimony of senior Microsoft executives. "Much of it proved, time and again, to be inaccurate, misleading, evasive or transparently false," he wrote.
Jackson emphasized that all opinions formed about Microsoft resulted from court proceedings and that a 1994 Supreme Court decision stated "that 'opinions held by judges as a result of what they learned in earlier proceedings' cannot be characterized as either 'bias' or 'prejudice.'"
Quoting the appeals court:
MS Office on Linux 14805
Ray Ingles I looked at the reference and did not see immediately what it was. I'll go back and see when-if I have the time to...
"Although we find no evidence of actual bias, we hold that the actions of the trial judge seriously tainted the proceedings before the District Court and called into question the integrity of the judicial process."
I.e. they don't want anything that even *looks* like bias in a certain light.
MS Office on Linux 14806
Ray Ingles Well, I used it initially because Kier said it was so swell. I thought it was remarkedly...
I'd say Microsoft got lucky. I don't know if they'd ultimately have been broken up, but they would have been in a *much* worse position had Jackson simply waited until after the trial to talk to the press.
Ray Ingles (313) 227-2317
"There is a principle which is a bar against all information, which is proof against all arguments and which cannot fail to keep a man in everlasting ignorance - that principle is contempt prior to investigation." - Herbert Spencer