I have been communicating with a lawyer friend who had some involvement with the Microsoft case. Looking at the decision from the judge, we noted that it seems as though the prosecution failed to clearly explain Open Source and its importance in the marketplace to the judge. As a result, the Judge did not recognize the importance of full and open disclosure of the APIs.
Some discussion: http://salon.com/tech/feature/2002/11/02/microsoft_reaction/index1.html. Chris -)----- -- ...the banks and corporations that will grow up around them will deprive the people of all property until their children will wake up homeless on the continent their fathers conquered". -Thomas Jefferson in 1802 in a letter to then Secretary of the Treasury, Albert Gallatin