To suggest that, based on Judge Thomas Penfield Jackson’s findings of fact in U.S. v. Microsoft, the software giant will lose when the judge issues his conclusions of law is more than just conjecture — it’s a conclusion mandated by antitrust law. And the news gets even worse for Microsoft: it seems likely the judge will order the company be split in two.

The company’s only hope for victory is on appeal — and then, in my judgment, only if the D.C. Circuit Court of Appeals makes new law, rather than relies on precedent.

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