Close
  • Latest News
  • Artificial Intelligence
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
Read Down
Sign in
Close
Welcome!Log into your account
Forgot your password?
Read Down
Password recovery
Recover your password
Close
Search
Logo
Logo
  • Latest News
  • Artificial Intelligence
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
More
    Home Latest News

      Defending Judge Jacksons Big Mouth

      By
      eWEEK EDITORS
      -
      July 2, 2001
      Share
      Facebook
      Twitter
      Linkedin

        Within the legal community, Judge Thomas Penfield Jackson messed up for sure. He shot his mouth off, and now the U.S. Court of Appeals, with which the judge was annoyed for overturning his original injunction to stop Microsoft from tying Internet Explorer to Windows, has fired back. The 17 pages (the ruling as a whole comprised 125 pages) about his alleged judicial misconduct was tinged with meanness.

        But you know something? Most of us dont live within the hidebound, clarity-challenged legal community. Most of us lead a simpler, blunter existence. If we talked the way legal decisions read, only Latin scholars would pay attention to whats being said.

        Much of what Jackson said that he shouldnt have I agree with. Upon a close reading of the appeals court decision, one comes away with the impression those judges were repaying a debt owed to Jackson.

        Like the judge, and as one who sat in his courtroom, I was exasperated with Microsofts evasiveness and its resentfulness that anyone would dare challenge the company. Remember Jim Allchins doctored demo in the courtroom to prove tearing IE out of Windows was ill-advised? Who can forget Bill Gates angry, taciturn performance in his deposition?

        Frankly, I found what Jackson told reporters before entering his final judgment on June 7 last year refreshing. Who can disagree with the judges following assertions:

        • Windows should be offered with IE at a higher price and without it at a lower price.

        • Gates should have finished Harvard.

        • Gates isnt “adept at business ethics.”

        Comparing Microsoft to drug traffickers stupid enough to conduct criminal activity over the phone was a bit much. And the part about whacking Microsoft on the head with a 2-by-4 as if to train a mule was over the top.

        I sensed the judge was expressing conclusions he had reached after hearing the evidence. He embargoed the interviews from being published until his final judgment was made public.

        He might have been flip, but the appeals court made no effort to determine exactly what he said, when he said it and why he gave the interviews.

        It must be a judicial prerogative to simply say in the appeals court decision, and I paraphrase, “Hey, we wont know for sure if the judge really said these things.”

        Heres what could have been running through the judges mind.

        He knew Microsoft would ultimately prevail, so he spouted off anyway.

        He thought he was in the clear by embargoing the interviews. Or, he simply concluded, “Ah, the hell with it.”

        Left brain says the judge did not show good judgment in spouting off to the press. Chief prosecutor David Boies and his crew of attorneys general did a magnificent job trying the case, although, at times, they clearly had a friend in Jackson. It would be a shame to see all the effort wasted, along with all the taxpayer dollars.

        For a federal judge, Jackson is a rare bird. Id love to know what hes thinking tonight. Chances are, we will.

        eWEEK EDITORS
        eWeek editors publish top thought leaders and leading experts in emerging technology across a wide variety of Enterprise B2B sectors. Our focus is providing actionable information for today’s technology decision makers.
        Get the Free Newsletter!
        Subscribe to Daily Tech Insider for top news, trends & analysis
        This email address is invalid.
        Get the Free Newsletter!
        Subscribe to Daily Tech Insider for top news, trends & analysis
        This email address is invalid.

        MOST POPULAR ARTICLES

        Latest News

        Zeus Kerravala on Networking: Multicloud, 5G, and...

        James Maguire - December 16, 2022 0
        I spoke with Zeus Kerravala, industry analyst at ZK Research, about the rapid changes in enterprise networking, as tech advances and digital transformation prompt...
        Read more
        Applications

        Datadog President Amit Agarwal on Trends in...

        James Maguire - November 11, 2022 0
        I spoke with Amit Agarwal, President of Datadog, about infrastructure observability, from current trends to key challenges to the future of this rapidly growing...
        Read more
        Applications

        Kyndryl’s Nicolas Sekkaki on Handling AI and...

        James Maguire - November 9, 2022 0
        I spoke with Nicolas Sekkaki, Group Practice Leader for Applications, Data and AI at Kyndryl, about how companies can boost both their AI and...
        Read more
        Cloud

        IGEL CEO Jed Ayres on Edge and...

        James Maguire - June 14, 2022 0
        I spoke with Jed Ayres, CEO of IGEL, about the endpoint sector, and an open source OS for the cloud; we also spoke about...
        Read more
        IT Management

        Intuit’s Nhung Ho on AI for the...

        James Maguire - May 13, 2022 0
        I spoke with Nhung Ho, Vice President of AI at Intuit, about adoption of AI in the small and medium-sized business market, and how...
        Read more
        Logo

        eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site’s focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

        Facebook
        Linkedin
        RSS
        Twitter
        Youtube

        Advertisers

        Advertise with TechnologyAdvice on eWeek and our other IT-focused platforms.

        Advertise with Us

        Menu

        • About eWeek
        • Subscribe to our Newsletter
        • Latest News

        Our Brands

        • Privacy Policy
        • Terms
        • About
        • Contact
        • Advertise
        • Sitemap
        • California – Do Not Sell My Information

        Property of TechnologyAdvice.
        © 2022 TechnologyAdvice. All Rights Reserved

        Advertiser Disclosure: Some of the products that appear on this site are from companies from which TechnologyAdvice receives compensation. This compensation may impact how and where products appear on this site including, for example, the order in which they appear. TechnologyAdvice does not include all companies or all types of products available in the marketplace.

        ×