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Shouldn't a legal system be concerned about fairness...
... in the case in front of them?

Let's say that in general Microsoft is a bad as you think. However, in this one case (actually two, server/media), either Monti did not have the facts right or he determined a penalty he wasn't authorized to assess or the penalty was too severe.

In that case, Microsoft would have been treated unfairly.

The penalties in this case are strong enough, at least on the server issue if not the media player issue, that Microsoft's claim of irreparable damage might be accurate.
Suppose it is, just to speculate.

The issue then comes down to: should Microsoft be severely damaged as the result of an unfair action?

I'm asking this not because I necessarily believe Microsoft is being persecuted, but to put a limit on what you would do to the company.
If you agree that severe damage/ unfair decision is excessive, then there's another problem:

How do we know Microsoft is not correct?
That's what Courts are for, ideally. Problem is, we're looking not at the full panoply of legal rights, but at a preliminary decision by an individual which may well be the key decision of the case.

See why it's wrong to be blythe about deciding what should be happening?
See also why Courts don't seem especially well equipped to deal with technology problems?

And here's the toughest one:
See why Microsoft should get the benefit of the doubt if their case against Monti appears reasonable?
Posted by: Anton Philidor   Posted on: 09/27/04 You are currently: a Guest | Members login | Terms of Use
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settlement  V Sanders | 09/27/04
it is BUNDELD with the OS  V Sanders | 09/27/04
Delayed = meaningless?  rapson | 09/27/04
Don't mock Emperor Monti.  Anton Philidor | 09/27/04
move on  PA-ITGuy | 09/27/04
Not exactly "moving on"  rapson | 09/27/04
Stop the Raps.  systemcleaner | 09/27/04
Sounds good.  Anton Philidor | 09/27/04
Not the point.  systemcleaner | 09/27/04
So damage Microsoft, even if they're eventually vindicated.  Anton Philidor | 09/27/04
Rarely do courts punish before ruling.  No_Ax_to_Grind | 09/27/04
Certainly  rapson | 09/27/04
Heres a clue for you...  No_Ax_to_Grind | 09/27/04
Think of it this way...  Anton Philidor | 09/27/04
Let me ask you this.  systemcleaner | 09/27/04
The response to "So damage Microsoft ..."  systemcleaner | 09/27/04
Shouldn't a legal system be concerned about fairness...  Anton Philidor | 09/27/04
Get to the point and answer this question. No blah, blah, blahs.  systemcleaner | 09/27/04
If you might be on a jury...  Anton Philidor | 09/27/04
And fair to the competition. Consider...  No_Ax_to_Grind | 09/27/04
So your complaint is your to stupid to choose something else?  No_Ax_to_Grind | 09/27/04
Insulting people already?  B.O.F.H. | 09/27/04
And my complaint is .....  Taz_z | 09/27/04
After being called a *****, I was being polite.  No_Ax_to_Grind | 09/27/04
No, the complaint would be...  MacCanuck | 09/28/04
Monti boy wants to be "remembered".  No_Ax_to_Grind | 09/27/04
Empire building  Anton Philidor | 09/27/04
His batting average is zero.  No_Ax_to_Grind | 09/27/04
So that's why Longhorn is late...  Anton Philidor | 09/27/04
Microsoft, stop the tricky dicky tricks! It is getting old.  systemcleaner | 09/27/04
Difference  rapson | 09/27/04
Lighten up.  systemcleaner | 09/27/04
huh?  Jeff Spicoli | 09/27/04
Well...  rapson | 09/27/04
Just watch the ABMer's  Michael L Hereid Sr | 09/27/04
irreparable damage  alterego_z | 09/27/04
That is true.  systemcleaner | 09/27/04
The EU NEEDS to rush this through. HURRY!!!  No_Ax_to_Grind | 09/27/04
Which way is the wind blowing?  IT_User | 09/27/04
You must be confused.  No_Ax_to_Grind | 09/27/04
The US COA ruled that Microsoft was a monopoly  B.O.F.H. | 09/27/04
Let's see if i can explain it in small enough words for you.  No_Ax_to_Grind | 09/27/04
Courts have been wrong before  rapson | 09/27/04
Carl, I do agree with the COA in part.  No_Ax_to_Grind | 09/27/04
The scope of the case and appeals dealt with desktop machines.  B.O.F.H. | 09/27/04
Yes BOFH, I DO understand Jackson stacked the deck.  No_Ax_to_Grind | 09/27/04
Did the Court of Appeal stack the deck, too?  B.O.F.H. | 09/27/04
Interesting that no one disagrees with me.  No_Ax_to_Grind | 09/27/04
Aren't you the person who likes to quote the 95% figure?  B.O.F.H. | 09/27/04
No, I use the 95% number to show how silly Jackson was.  No_Ax_to_Grind | 09/27/04
You misudes the 95% figure!  B.O.F.H. | 09/27/04
They aren't my figures, they belong to a discreditied judge.  No_Ax_to_Grind | 09/27/04
One final note...  No_Ax_to_Grind | 09/27/04
No one disagrees with you?  systemcleaner | 09/28/04
I wish they would  Fred Fredrickson | 09/28/04
Wow, Xunil_Sierutuf letters must have  FilledOut | 09/27/04
Will Munich leaders be called as a witness?  No_Ax_to_Grind | 09/27/04

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