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By John
Paczkowski, SiliconValley.com
Last updated: Wednesday, August 8, 2001, 8:30 a.m.
Microsoft files motion to delay the
inevitable: Microsoft on Tuesday asked
the Supreme Court to review an appellate court ruling that found
that the software giant had violated the nation's antitrust laws.
While the court of appeals ruling had been something of a victory
for Microsoft -- it overturned a lower court order to break the
company in two - it also unanimously upheld U.S. District Judge
Thomas Penfield Jackson's decision that Microsoft violated antitrust
laws. In a somewhat caustic filing, Microsoft argued that District
Judge Thomas Penfield Jackson's finding should be tossed out because
of his "deliberate, repeated, egregious, and flagrant" violations of
the judicial ethics code (See "Appeals
court remands Microsoft judge into early retirement"). "The
threat that the judge's misconduct poses to the public's perception
of judges and the process of judging is palpable," the
legal brief states. "It is difficult to imagine a civil case
that will leave a more indelible mark on the public's perception of
the administration of justice than this case." In a further bit of
maneuvering, Microsoft asked the Court of Appeals to stay
its order to return the case to the trial court later this month
until the Supreme Court decides whether it will take the case. This
presumably will give Redmond the
time its needs to bring the Windows XP to market. Still,
Microsoft's not taking any chances with its new OS. Sources close to
four PC manufacturers say Microsoft has given them permission
to ship Windows XP a full month before its official Oct. 25
launch.
Mary, Mary (why ya buggin'?): Influential Morgan Stanley
analyst Mary Meeker founder herself on the receiving
end of another lawsuit filed by disgruntled investors Tuesday,
this one alleging her analysis of AOL Time Warner was biased. The
complaint charges Meeker with issuing positive recommendations on
the AOL stock in order to woo AOL as a Morgan Stanley business
client. The suit also claims that her ratings, recommendations and
positive comments about AOL were influenced by her desire to bolster
her compensation package. "Meeker's conflicts of interest remained
undisclosed as she issued "inflated" ratings and recommendations for
AOL," the complaint
alleges. "Meeker knew that the financial condition and future
business prospects of AOL did not support her positive comments and
recommendations, but she nevertheless issued positive reports
encouraging investors to purchase shares of AOL even in the face of
legitimate contrary research entering the marketplace. Meeker
knowingly issued inflated ratings for the purpose of improperly
benefiting herself and Morgan Stanley." This complaint follows two
federal class-action lawsuits filed against Meeker last week
that claim her bullish proclamations concerning eBay and Amazon were often
misleading.
Apple has quietly settled a
lawsuit filed a year ago against "worker bee," a mysterious
insider who leaked details of a number of the company's unannounced
products - among them iBooks and the Power Mac G4 -- to various Mac
sites. As part of the settlement, "worker bee" -- former
Apple temp worker Juan Gutierrez-- has agreed to turn over to
Apple any confidential information that he still has in his
possession.
"When in doubt about our goals, we would encourage you to take
the conservative view." So said Cisco CEO John Chambers during
a
teleconference Tuesday. Chamber's remarks followed the company's
announcement of a
horrific fourth quarter earnings report. Excluding restructuring
charges and other special items, the technology bellwether's profit
in the three-month period that ended July 28 plunged to $7 million
-- a 99 percent drop from the $1.2 billion it posted a year ago. In
spite of such dismal news, Chambers stood by his forecast for
long-term growth ranging from 30 percent to 50 percent, which he
characterized as "a stretch, but an achievable goal for Cisco." Many
found such assertions hard to believe. "It's hilarious. The overall
market is not improving at all, so every conference call they come
out with another set of caveats on their growth projections," Sanford
Bernstein analyst Paul Sagawa told TheStreet.com. "I think
[Chambers] sounded a little embarrassed to bring up the 30%-to-50%
thing again." Shares
in the company fell 2.65 percent today in early trading.
CIA VC fund not a "total waste of taxpayers' money": The
Silicon Valley venture capital fund established by the CIA two years
ago apparently
is doing fairly well, according to a report by the non-partisan
Business Executives for National Security. In-Q-Tel, the CIA's
independent, non-profit venture arm, had obtained $80.97 million in
funding and has invested $38 million of that in acquiring
technology. Said Howard Cox, a veteran venture capitalist at
Greylock Capital and a member of the BENS panel, "I thought I was
going to be the guy to come in and can the whole thing. I turned
around completely on it."
Google has turned
a profit.
VIA manufacturing without a license again: VIA
Technologies plans to launch its Intel-compatible P4x 266 chipset in
August or September despite
Intel's refusal to grant it a license to build the product.
Designed for use with Intel's new line of Pentium 4 processors, the
P4x 266 would offer a cheaper alternative to Intel's competing
Brookdale chipset, due to come to market by the end of the year.
This is business as usual for VIA, which previously has had legal
confrontations with Intel for making Pentium chipsets without a
license.
Long-suffering content venture Salon may narrowly avoid
its imminent
Nasdaq delisting thanks not to revenue from its
subscription-only galleries
of erotic art and photography, but to a new round of financing.
"We're in the final hours of completing a new round of financing
that will assure not only our survival during this very tough year,
but our
eventual profitability," Salon founder David Talbot told The
Village Voice. Salon, whose stock recently has been trading at
between 18 cents to 27 cents, has had a miserable year. The company
has never turned a profit, and in January it sacked
about 20 percent of its staff as part of a "surgical move" to
curb its operating expenses.
Let's get small: Borrowing a chemical bond or two from
DNA, researchers at Purdue University have developed molecules
that can locate one another and align themselves to form
nanotubes. "By designing the molecules that make up the system,
we have perfect control over every part of the system," Purdue's
Hicham Fenniri told Small Times. "We not only dictate how the
molecule behaves, but we also can control the dimensions and
chemical properties of the resulting nanotube."
And I thought George
Shaheen's severance package was the height of absurdity:
High-speed Internet service provider Rhythms NetConnections
plans to issue about
$4 million in retention bonuses to its top two executives as a
condition of contracts revised three days before the company filed
for bankruptcy protection.
I pronounce this space devoid of technology! The folks at
San Francisco's Experimental Interaction Unit have created an I-Bomb
-- a device that creates "Technology Free Zones" by disrupting
or disabling electronic devices with a powerful electromagnetic
pulse. (Many thanks to Larry Larsen for the link)
Talk to me at jpaczkowski@knightridder.com
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