The timing makes the question all but unavoidable. Less than three months before the first presidential primaries, the world's richest man takes a shellacking from a federal judge and a Justice Department that reports to a Democratic administration.
History suggests that such a strategy can be be tricky, expensive, perhaps even counter-productive.
Even if the Microsoft case is settled next year without an appeal, some think the nearness of elections could affect the strategy of both sides. If the candidate criticizes Bill Gates, he or she loses valuable support to a rival. Technically, the Justice Department litigators in this case are independent from political currents. Assistant Attorney General Joel Klein has been given wide latitude to pursue the case by his boss, Attorney General Janet Reno. The judge is expected to deliver his conclusions of law and perhaps order remedies, a polite word for penalties, early next year.