Because it suggests you can get away with monopolistic practices so long as the industry changes so much that by the time you get in front of a court, it's too late to impose any sanctions. Tuesday, one of the judges pointed out that a separate operating-system company could just go ahead and create a new browser, tie it to the operating system and get a lot of market share. The answer is yes, eventually. But Judge Green put a rule on them not to for a period of years. That's what would happen here.
Morale is affected by risk.
The DOJ probably will appeal, but the Supreme Court will likely not take an interlocutory appeal while the case is still pending. It was appropriate. It's something that's intrigued everybody who teaches antitrust for a few years now. It is the use of existing monopoly power to impede the development of new technology that would compete with the monopolist. You have antitrust cases where the monopolist uses its market power to disadvantage an existing competitor, struggling competitor or a new entrant.