One overall problem for the government is that after all the e-mail smoke clears, the government has to show where the consumer injury is. It can't just look like the competition has been hurt.

The old story in antitrust cases is that the government wins the battle and loses the war. The question is: What do you get in relief?

One strong point for the government is the test on pricing from [Massachusetts Institute of Technology economics professor] Franklin Fisher, who indicated Microsoft charges prices that are higher than they would be in a competitive market. That's the kind of thing the government wants on appeal.

I think Microsoft has been a very difficult client. They've made it harder for their lawyers to exercise professional judgment where the case might go because they've been very dogged about standing firm.

Government is good at one thing: It knows how to break your legs, hand you a crutch and say, 'See if it weren't for the government, you wouldn't be able to walk.

I don't see the government being able to overcome internal contradictions before that.