Jim Cullinan

Jim Cullinan
appeals avoid clearly court government possible reveals trying
It clearly reveals one important thing that the government is trying to do, which is avoid the Court of Appeals in every possible way.
address court moving position process proposed several violations
Our position is that we will address the violations that the court found, that's what we'll do tomorrow. There's several things that are being filed tomorrow, not just a proposed remedy. This isn't just about the proposed remedy, it's about the process of moving ahead, it's about our objections to the government's proposal.
consumers depends directly equipment makers microsoft products sell
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.
complexity delay designed games government kinds playing process
It's unfortunate that the government is playing these kinds of procedural games which are only designed to inject complexity and delay into the process of resolving this case.
appeals court normally pages request requests respond stay surprising took trial
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.
actions attempt basis believe beyond defend document excessive extreme filled government harm kinds remedy rhetoric surprising
It's unfortunate but not surprising that the government has filed a document filled with rhetoric in its attempt to defend a very extreme remedy proposal. Beyond the rhetoric, we do not believe there is any basis for these kinds of excessive actions which would significantly harm consumers, the high-tech industry, and the economy.
appeals believe contention court decision far microsoft original private successful supports
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.
appeal array believe case confident district due factual fair forward judgment presenting reasonable wide
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.
agree court extreme fair government interested proposals reasonable saying settle whatever willing
We will always be interested in a fair and reasonable settlement, but the government is just posturing with this. The government is saying that as long as we agree to whatever extreme proposals the court signed, they would be willing to settle the case.
asked call conference filing government order poorly proposal reading realize time wants written
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.
bad breaking change fact industry microsoft proposal
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.
ambiguous breakup challenged changes cosmetic days exercise few government legitimate microsoft past plan related remains substitute vague
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.
good government number perspective points
The government is making good points from a public-relations perspective but a number of points haven't been touched.
add continued features fewer given less operating prices remained sells system
We don't think we have overcharged, given that our operating system sells for less than those of our competitors, which have fewer features and are less popular. While our prices have remained static, we have continued to add features and functionality.