MS Appeal
Are most lower level judges really as ignorant as they seem? Why does Microsoft always have to appeal their cases only to have the appelate court agree that the first judge was an ignorant fool? What a waste of tax payer money. I really hope I never have to go to court for anything big and waste so much money on some useless trial only to have to appeal the decision because the judge cheated on his bar exam.
"RICHMOND, Virginia -- A federal appeals court judge on Thursday expressed serious doubts about a lower-court order requiring Microsoft to incorporate Sun Microsystems' Java programming language in the Windows operating system.
Judge Paul Niemeyer, one of the three judges hearing Microsoft's appeal, sharply questioned whether the must-carry preliminary injunction was needed to prevent imminent harm to Sun and the Java program while a trial was conducted.
Niemeyer, who dominated questioning during an hour of presentations from both sides, also criticized the legal basis of the injunction issued late last year by U.S. District Judge J. Frederick Motz in Baltimore...
...Without the injunction, Motz said, the contest between Java and Microsoft's .NET Web service software could "tip" in favor of .NET because of Microsoft's past antitrust law violations.
"What does tipping mean? I've looked it up and read what the economist said and it doesn't make much sense," Niemeyer said on Thursday. "