MS antitrust case: Verdict is near. But the end?

The question is not whether Microsoft broke the law ... It did. The question

is whether consumers, at least those that use computers, are better off today

because of it. They are!

So where does that leave Judge Colleen Kollar-Kotelly? It is not an enviable

position the Judge is facing. Clearly, any decision she makes will have vast

implications for the future of the computer industry. Does she accept the

slap-on-the-wrist agreement Microsoft and the Bush Administration quickly worked

out when the economy hit the skids last fall? Or does she slap tough sanctions

on a stubborn and persistent law-breaker that could end up hurting consumers and

the economy?

Clearly, the volumes of evidence from the initial trial and the additional

data presented by the nine States amount to enough evidence to show Microsoft

continues to live by its own monopolistic adage

"what's-good-for-Microsoft-is-good-for-consumers." Kollar-Kotelly has

a history of siding with the interests of consumers.

While that may be good news for the States who are supposedly battling

Microsoft on behalf of consumers, the judge could also conclude that consumers

may not be served by putting all sorts of restrictions on Microsoft.

So the outcome is anybody's guess. My gut feeling tells me the Judge will

deny the States' request for additional sanctions or impose some very mild ones

in an attempt to allow both sides to claim victory. Of course Microsoft will

appeal just about anything short of a congratulatory note with from the judge.

So while a verdict is near, the end of this mouse's tail is probably still quite

a ways away.