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FC: How Judge Jackson killed optimism, stifled the new economy
From: Declan McCullagh <declan () well com>
Date: Wed, 28 Feb 2001 08:17:51 -0500

[The winning, um, meataphor, and thanks for your suggestions: Carnivores. Not only does it invoke FBIesque rapaciousness, but the slightly clinical feel fits federal employees quite nicely. --Declan]


   Microsoft Judge Ripped in Court
   by Declan McCullagh (declan () wired com)
   2:00 a.m. Feb. 28, 2001 PST

   WASHINGTON -- If you're a lawyer for the Justice Department, the last
   place you wanted to be Tuesday was anywhere near Courtroom 20 in the
   federal courthouse on Pennsylvania Avenue.

   That's where seven appeals court judges spent over an hour denouncing
   the conduct of U.S. District Judge Thomas Penfield Jackson, who
   ordered a breakup of Microsoft and has an unfortunate habit of
   trash-talking about the company in private meetings with reporters.

   In a highly unusual session devoted to exploring the wayward conduct
   of a judge whose courtroom is four floors below, members of the D.C.
   Circuit Court of Appeals suggested that Jackson had violated a code of
   judicial ethics through more out-of-court chatter than any other judge
   in U.S. history.

   Left to defend Jackson -- who did not make an appearance -- was David
   Frederick, the DOJ's assistant to the solicitor general. Frederick
   argued that Jackson's comments may have been somewhat "inappropriate,"
   but they did not represent grounds for reversal.



Date: Tue, 27 Feb 2001 21:13:19 -0500 (EST)
From: Charles Platt <cp () panix com>
To: Declan McCullagh <declan () well com>
Subject: Re: FC: T.P. Jackson: Preternaturally biased or just one dumb judge?

Very very nice, Declan.

But the real significance, I think, of Penfield Jackson is that he was
the first person who made it seem legitimate to speak out against ebiz
companies. Worse still, he targeted the most successful one of all.

Many columnists and "analysts" obviously were delighted by this rampant
negativism from a high-profile source. The Microsoft case was a turning
point. It marked the end of an unprecedented period of optimism, and the
beginning of the feeding frenzy for jealous luddites who resented the
wealth of ebiz founders (and investors). It was a signal that even the
most powerful software company, and the richest man in the world, could be
harassed and intimidated by ancient forces of the state.

Those who distrusted and feared the "new economy" loved Penfield Jackson.
And now they are reaping the benefits of their doomsaying. They have
slowed the growth that frightened them so much. They have destroyed wealth
and replaced optimism with fear.

And their response, of course, was that "it had to happen."



[Also see my article, "Wasn't the government's lawsuit against Microsoft supposed to help the new economy?" from April 2000: http://www.wired.com/news/politics/0,1283,35884,00.html --DBM]


X-Sender: carthur () 10 0 16 1
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Date: Wed, 28 Feb 2001 11:37:01 +0000
To: declan () well com
From: "Charles Arthur, The Independent" <carthur () independent co uk>
Subject: Re: FC: Day 1 of 2 in Microsoft hearing: DOJ pressed hard, so is

Hi Declan...

If you don't think it would hurt the politech folk to hear another opinion,
there is another view on the Appeals court stuff at
http://www.theregister.co.uk/content/4/17192.html (day 1)
http://www.theregister.co.uk/content/4/17232.html (day 2)


PLEASE NOTE: The Independent has moved:
 my phone is 020 7005 2041
  my address is 191 Marsh Wall, London E14 9RS.

The Independent newspaper on the Web: http://www.independent.co.uk/
        It's even better on paper

I trash *all* attachments automatically (though not irrevocably). Please
put your message in the email body.


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