Word: microsoft
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...Microsoft media pack was out in force last week outside Chicago's prestigious Standard Club. Its target was Judge Richard Posner, the recently appointed mediator in the government's landmark antitrust lawsuit. When reporters fired questions at Posner just before his first meeting with the parties, he had a crisp answer: "Get out of my way, please...
...Microsoft case. Judge Thomas Penfield Jackson last month appointed Posner to try to mediate the case, and the action has now moved from Jackson's courthouse in Washington to Chicago, where Posner is presiding over closed-door conferences intended to push Microsoft and the Justice Department toward settlement. It's a daunting task: the government seems to want a lot more than Microsoft is willing to give up. But if anyone can get an agreement, it may be the brilliant and insanely workaholic Posner...
Posner has the kind of jaw-dropping resume that makes resolving the Microsoft case seem like a plausible Christmas vacation project. He is the chief judge of the federal appeals court in Chicago, where he pens about 100 decisions a year, and he teaches law at the University of Chicago. He also finds time to churn out scores of law-review articles, speeches, op-ed pieces and, oh yes, a book or two a year. (His latest: An Affair of State, a scathing account of President Bill Clinton's impeachment woes; and the less reader-friendly The Problematics of Moral...
...appointing Posner, Jackson gave something to each side. Microsoft gets a mediator who is close to its thinking about government intervention. Posner may be reluctant to back some of the more extreme remedies Microsoft's critics are calling for. At the very least, he's likely to give the software giant a friendlier hearing than Jackson, whose findings of fact last month were a down-the-line rebuff...
...Justice Department, for its part, gets a mediator who will have credibility when he lays down the law for Microsoft. Trial watchers have conjectured that Gates & Co. may already have given up hope of prevailing before Jackson, and may be counting on getting him reversed on appeal. The conservative Posner is in sync with many of the judges in Washington who would hear that appeal. "He's going to be able to tell Microsoft that if they're counting on the Court of Appeals and the Supreme Court to vindicate them completely, that's not going to happen," says George...