William Kovacic Quotes (32 Quotes)


    Nothing that had real substantive punch in the government's original proposal was watered down. The government's filing today is designed to give Microsoft the sense that the process in the remedy phase was carried out correctly, and it provides the judge with ammunition that he could use as a rationale for the measures contained in his final ruling.

    A more likely scenario, ... is that the Justice Department will let Windows 98 ship but ask the court to schedule a hearing on whether Microsoft should change its behavior.

    His antipathy toward the defendant is apparent, ... Jackson was careless in the order last fall when he issued the injunction without a hearing. He can't do that again here.

    Microsoft succeeded in drawing the judge's attention to, at minimum, diminishing any remedies prescribed at the end of the case, ... They've also put doubt in his mind that Netscape has been precluded from getting its products to its customers.

    I think in many ways, Microsoft has planted some seeds of doubt about the government's hypotheses,


    The government said Gates personifies everything wrong with the company, ... I infer from that if Gates has a smaller role in the company and Ballmer has a bigger role, that is a somewhat more suitable environment for achieving an agreement.

    The Justice Department would require an agreement by Microsoft to banish all contracts that prevent equipment manufacturers and Internet service providers from promoting competitors' products. The is the non-negotiable minimum for the Justice Department.

    Microsoft has already changed its behavior, ... They've backed off some of the contested practices. Their competitors have been emboldened to do things they may not have done before the trial. The government has gotten a lot of what they wanted. The company is not swinging away like they used to.

    It shows the ruling is basically going to be the government's proposed order, consisting of a two-way split and interim remedies.

    The states have suggested they want limits on Microsoft's development of WebTV, which they view as an extension of Microsoft's products to other new media,

    In the modern era, these cases have been very hard to win and the government's track record is very mixed,

    The more time Microsoft has, it makes it harder for the government to establish a remedy that would limit Microsoft's flexibility in selling Windows 98, ... Each month that goes by makes it harder to obtain effective relief.

    The company has to abide by the mandate that the court issues. That is, the court says, 'You must do the following, but I am going to give you the burden of finding the best way of accomplish that.'

    The appeals court may say it is only talking about Windows 95 in its interpretation of the consent decree, ... It does have an influence. The Court of Appeals will inevitably say something about the appropriateness of Microsoft's behavior.

    I would be surprised if there are no discussions. But the intensity and fruitfulness of the talks will depend on how Jackson writes his findings of fact. He would have to give each side something to worry about.

    The great psychic fear in the Justice Department is that it will achieve a hollow victory, ... There will be this declaration of a violation of the law, but they will not have effective solutions to restore competition.

    They would be asking the court to stand in the way of a major product introduction,

    What this means is the suit will not go on for 20 years,

    Microsoft succeeded in taking the initiative on the appeal, ... I don't think the government really thought through all of the possible scenarios, and Microsoft ended up outmaneuvering them.

    The chances are greater than zero, but not much. Regardless of who's asking for an injunction, the chances are very remote that one would be granted in time.

    This is the first time going back to 1890 in which the key assets of the company to be broken up consist of human beings and ideas. Who can predict what these people will do, and how effective the entities will be

    This is the government's and Jackson's dilemma, ... No serious remedy will be put into place until the appeals process is finished. It's like someone knowing he's sick, but he gets a prescription that can't be filled for three years.


    You can count on one hand the big monopolization success stories you can count on more than one hand the failures,

    This company is supremely adaptable, ... They're buying their way into the cable business and technological alternatives. The government's fear is that Microsoft will get off the existing platform Windows-based computers and on another. The government is confident that this company did something wrong, but they're not confident of what to do about it.

    The public face was how frightful, but the internal sense of the company was how delightful. There were a number of ambitious managers in charge of the subsidiaries who thought they could manage the company better than the folks at 26 Broadway.

    I think the intriguing thing in the afternoon was the chief judge led the charge against the government's case on some of these issues.

    Today's action makes it likely that during the period that the Supreme Court is considering the case, there will likely be a suspension of the interim remedies.

    They have to take the additional step of explaining the reason everyone does these types of deals is because it's pro-competitive, ... The government argues that other companies make these deals because they are driven to the wall to stay alive, that they're driven to these desperate measures because Microsoft forced them to.

    Norris, more than anyone else, showed how difference in royalty terms reinforced Microsoft's control over equipment suppliers,

    The thing the dealmakers tend to look at is 'what did the guy ahead of me in line have to pay to get through'

    Microsoft wants to postpone as long as possible the creation of a document that describes how the company could be broken up.


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