Jim Cullinan
Jim Cullinan
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Microsoft doesn't sell products directly to consumers. Consumers go through equipment makers and re-sellers, so it all depends on how they got it.
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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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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 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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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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I think Sun's primary business strategy these days is to try and file as many court cases against Microsoft as possible. I think our only point is that Sun should try and focus on making their technology work and less on trying to bring new lawsuits against Microsoft.
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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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We believe this is a fair and reasonable schedule, and we look forward to presenting our arguments to the court. We are confident of our case on appeal and believe that the district court's judgment will be reversed due to the wide array of legal, factual and procedural errors.
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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 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 are complying and cooperating with the government to provide them with any information they need and request. This is a very narrow legal request and we believe there are no legal issues here that should be of any concern, but we are working to address any concerns the government may have.
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We're back at the table, we're happy to be back at the table, and hope to reach a mutually beneficial conclusion.
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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.
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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.