-Caveat Lector-

NYPOST

MICROSOFT JUDGE SAYS GATES IS LIKE A 'GANGLAND KILLER'

Monday,January 8,2001
By BILL HOFFMANN


The judge who ordered Microsoft split in two last year has
compared its top execs to murderous gangsters - and likened the
software giant's chief, Bill Gates, to Napoleon.

Judge Thomas Penfield Jackson tells The New Yorker in this week's
issue that Microsoft's declaration of innocence against charges
it used cutthroat tactics to become a monopoly was like "the
protestations of gangland killers."

He says the Microsoft trial reminded him of a trial he presided
over four years involving a vicious gang charged with
racketeering, drug-dealing and murder.

"On the day of sentencing, the gang members maintained that they
had done nothing wrong, saying that the whole case was a
conspiracy by the white power structure to destroy them," Jackson
says.

"I am now under no illusions that miscreants will realize that
other parts of society view them that way."

Gates - who loudly protested that his massive company was always
above-board when it came to beating the competition - was the
main problem, the judge says.

"I think he has a Napoleonic concept of himself and his company -
an arrogance that derives from power and unalloyed success, with
no leavening hard experience, no reverses."

Jackson tells The New Yorker that in some ways, the Microsoft
case reminded him of the Watergate era, when Jackson worked as a
junior lawyer for President Nixon's re-election committee.

"I'm not so much in awe of people and power.  I think I'm a lot
more cynical about motivation," he says.

Jackson also praises the government's chief lawyer in the case,
David Boies - who also led the charge for Vice President Al Gore
in the Florida election mess - as the best legal mind ever to
appear in his courtroom.

But of Microsoft's chief lawyer, William Neukom, Jackson says:

"I don't think he's very smart, or at least I don't think he has
any subtlety.

"He's the general counsel of the company.  He should have said,
'Look, you may think you're doing the right thing, but there are
a lot of other people who don't - and the time has come for us to
be flexible.'"


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                     *Michael Spitzer*  <[EMAIL PROTECTED]>
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  The Best Way To Destroy Enemies Is To Change Them To Friends
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