Masters Of The Stall Tactic (8/8/01)
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Make no mistake: it may be summer reruns season for most of the networks, but "Redmond Justice" is still alive and kicking. (Between that and new episodes of "South Park," what more could we want, televisually speaking?) In the last major plot twist, a supposedly Microsoft-friendly appeals court overturned Judge Jackson's order that the company be split in two. But was it a victory for the Redmond Giant? Hardly; while the appellate court ruled that Jackson's remedy be thrown out (purely because of the judge's misconduct), it did affirm that Microsoft was a monopoly and had broken the law by abusing said power. The case was kicked back to a lower court (sans Jackson) to decide on an apt punishment-- and a breakup is still a possibility. Needless to say, Microsoft's spin doctors had their work cut out for them that day.

So here's the latest in this roller coaster ride: faithful viewer Phil Corlis informed us that Microsoft has officially brought the Supreme Court into the picture again. Remember back when Microsoft lobbied successfully to keep the case at the appellate level, because it thought that the appeals court would be more charitable than the Supreme Court? Well, things change; after its surprising June Smackdown, the company has evidently decided that the highest court in the land may be its only hope.

According to an Associated Press article, Microsoft has asked Rehnquist and the gang to overturn the entire ruling altogether. As in, "please rule that we're not a monopoly at all and we promise we'll be your best friend and water your plants when you're on vacation and all that good stuff." The basis for this extraordinary request? Microsoft is arguing that Judge Jackson sinned so grievously by granting interviews to the press before the case was over, "his entire ruling should be thrown out." In other words, they've given up on trying to prove any actual innocence and are now going for the Shameless Technicality play.

Unsurprisingly, Microsoft has also asked that the case not be booted back to the lower court until the Supreme Court decides whether or not to take the case. Cue the flashing red "STALL TACTIC" sign; since the Court of Appeals refused to grant Microsoft's request to reconsider Jackson's ruling that bundling Internet Explorer with Windows was illegal, Microsoft is clearly using the Supreme Court as a convenient way to stretch out the case until it can get the massively-bundled Windows XP done and out the door sans court-mandated interference. "Stall and Ship Anyway": it's the oldest move in Microsoft's playbook, but it hasn't failed yet. Have you ever wished that due process of law could take just a teensy little vacation?

 
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The above scene was taken from the 8/8/01 episode:

August 8, 2001: Come next year, the "Megahertz Myth" may actually be working to Apple's advantage. Meanwhile, Worker Bee Juan Guttierez gets off with a slap on the wrist, while Microsoft stalls by asking the Supreme Court to spring it on a mere technicality...

Other scenes from that episode:

  • 3227: Somebody Else's Problem (8/8/01)   If you just emerged from a five-year-long coma, allow us to fill you in on a few surprises. First of all, the Macarena did not make the leap from international dance fad to enduring and timeless art form...

  • 3228: Self-Serving Flattery? US? (8/8/01)   Call it a transparent attempt to suck up if you must (we plead the fifth), but more often than not, we think Apple's legal team-- the FINEST IN THE WORLD, by the way-- is getting the fuzzy end of the lollipop when it comes to public perception...

Or view the entire episode as originally broadcast...

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