Word: settlements
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...seven judges who will hear the appeal, Stephen F. Williams and A. Raymond Randolph, ruled in favor of Microsoft in a related appeal two years ago. Moreover, by removing the immediate threat of a final ruling, the decision gives Microsoft a stronger bargaining position in any settlement negotiations with the government. The decision, however, does not offer similar benefits to the Justice Department or to the American people. An extended federal appeals process will act as an unnecessary drain on Justice Department resources and will allow Microsoft to continue to wield unchecked market power...
Krueger did not drink himself to death, and a statement to the contrary undermines the very powerful precedent set by MIT's apology and voluntary settlement. The institution has taken responsibility and publicly apologized for the conditions that led to a student's death during a fraternity initiation...
...Napster may be forced to fold. By the time the case reaches the Supreme Court, as it is likely to do, the company may be only a hazy memory in most computer users' minds. On the other hand, if Napster staves off the injunction, then the likelihood of a settlement with the record industry increases considerably. "Remember, as a lawyer I may be interested in this case because it raises policy issues," says Boies, "But from the client standpoint, what they want to do is get on with their business...
...while the recent MIT settlement should rightly be taken as an admonition and warning to other schools, Harvard's reaction need not be dramatic. For the most part, Harvard has shown foresight in these matters and taken appropriate precautions to prevent unsafe behavior and ensure the security of all of its students. All students are guaranteed housing during their entire four-year stay. Every first-year is required to attend a three-hour talk during orientation week about drugs and alcohol. All parties must be registered two days in advance, and the school is generally vigilant about shutting down parties...
Some might view the MIT settlement as an indication that colleges and universities will clamp down on student social life in an unnecessarily harsh fashion. On the contrary, the settlement is merely a reaffirmation of a basic principle that institutions of higher learning are responsible for student safety. To this end, we hope that recent settlement will force other institutions to critically examine their own policies and attitudes, so that a similar tragedy will never happen again...