Microsoft Wins (Sort of)

The appeals court vacates the breakup penalty and says another judge will handle the honors in place of Judge Jackson. But - and it is a big BUT - the Findings of Fact stand.

That means the new judge will be deciding on the new penalties. In theory, that could even mean another breakup order. But don't hold your breath.

Would Microsoft have knuckled under about putting Smart Tags in the upcoming XP had they known of this turn of events? Probably. They are not really yanking the code out; they're just not making it active right now. They will. They never, ever give up. It's best to remember that.