小江 于 2000/05/31 19:00:09 发表在 汉英
Wednesday May 31 7:34 PM ET
Microsoft Files Final Arguments
By MICHAEL J. MARTINEZ, AP Business Writer
SEATTLE (AP) - Microsoft Corp. (NasdaqNM:MSFT - news), filing a last brief before
the judge weighing its fate, offered top executives from Compaq, DreamWorks and other
companies Wednesday as potential witnesses against breaking up the software giant.
In an additional ``offer of proof,'' Microsoft's lawyers said Jeffrey Katzenberg of
DreamWorks and Michael Capellas of Compaq, among others, would testify to the negative
effects that a Microsoft breakup would have on their companies and industries.
They filed the brief with the court of U.S. District Judge Thomas Penfield Jackson, who has
been presiding over the drawn-out case and who ruled April 3 that Microsoft had engaged
in anti-competitive marketing practices in violation of antitrust laws.
Since Jackson had already closed hearings on the case, no
more witnesses would be called. Therefore, the company's
offer Wednesday could amount to little more than a
symbolic move aimed at showing the court supporting
testimony that it believes the judge should have heard.
The Justice Department issued a statement late Wednesday calling the company's filing
``another effort to posture for appeal.''
``Much of Microsoft's submission is patently irrelevant to the question before the court,'' the
department said. ``The filing does not come to grips with the fact that Microsoft has been
found to have repeatedly engaged in serious legal violations, and serious remedies are
required to restore competition and prevent similar violations in the future.''
Jackson only last week refused to allow Microsoft additional time to debate the remedy
phase of the case. So the company submitted so-called ``offers of proof'' to say what it
would have done.
Although such filings are unlikely to sway Jackson, they might be important in Microsoft's
planned appeal of his ruling that the software giant is a monopoly that violates antitrust laws.
With Microsoft's filing Wednesday, Jackson is free to rule on what remedies should result
from his earlier finding.
The Clinton administration Justice Department has pushed to have the software giant divided
into two competing companies. Jackson's decision could come at any time.
Microsoft's latest brief offered testimony from several potential witnesses, including the
chairman of insurance giant Geico and the CEO of clothing store chain Nordstrom Inc.
(NYSE:JWN - news) Its first offer of proof, hastily filed as Jackson gaveled last week's
hearing to a close, included Microsoft Chairman and co-founder Bill Gates, Chief Executive
Officer Steve Ballmer and other company executives, along with economists and other
experts.
The company also filed comments and proposed edits on the Justice Department's revised
breakup plan, including a number of definitions that, according to spokesman Jim Cullinan,
were ``vague and ambiguous.''
``We are offering these edits with the obvious caveat that we do not believe that such an
extreme and damaging remedy would be sustained by the appellate process,'' Cullinan said.
``Still, we may have to live with this in some form or another, and we want it to be as clear
as possible.''
The government, in a revised brief filed at the court's behest Friday, said the last-minute
offers of testimony from Gates and others was an 11th-hour ploy. Microsoft says it acted
properly, given that the judge would not allow any more testimony or discovery in the case.
Jackson had given the government until Friday to issue its revised plan, and Microsoft had
two business days to respond to that.
Microsoft also had asked the judge for as long as six months to gather evidence and depose
witnesses who would dispute the Justice Department's assertion that a breakup was the best
way to reverse the damage done by the behavior that Jackson found anticompetitive.
The Justice Department and 17 of the 19 states that sued Microsoft for antitrust violations
recommended last month that the company be broken into two pieces; one would own and
market the Windows operating systems, and another would control all other Microsoft
software, including the popular Office suite and the company's Internet holdings.
Microsoft has said it will appeal any such breakup, which would extend the legal fight for
months, if not years.
With Jackson apparently poised to issue his final order at any time, the company postponed
an event, scheduled for Thursday, to publicly launch its Next Generation Windows Services,
a multibillion-dollar effort to make Microsoft software and data available through the
Internet to any kind of computing device, including cell phones and handheld organizers.
However, Microsoft managers around the world were to receive a briefing on Next
Generation Windows Services. But the event for reporters and financial analysts was
postponed to June 22.
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跟贴目录:
我们提出了这些增删，发出了明显的撤诉警告，因为我们并不认为上诉程序会维持这种极端的损害性补救措施。
作者：trial failure - 2000/05/31 23:49:55
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啊,终于有人回答了.好不容易,谢谢!这儿答问好象没有以前踊跃了麽?高手哪去啦?
作者：小江 - 2000/06/01 00:06:48
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由苏区转入了敌后？
作者：不知情 - 2000/06/01 00:48:10
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Paraphrasing:
作者：laoliu - 2000/06/01 01:36:29
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We are offering these edits with the obvious caveat that we do not believe that such an extreme and damaging remedy would be sustained by the appellate process,'' Cullinan said. "Still, we may have to live with this in some form or another, and we want it to be as clear as possible."
caveat: law a formal notice filed by an interested party with a court or officer, requesting the postponement of a proceeding until the filer is heard (Microsoft Bookshelf)
Cullinan is saying that the Court should hear Microsoft's argument [the edits] before making a decision on the Government's request to break up the company [the remedy]. Because the remedy is considered too extreme and therefore will very likely be thrown out by an appellant court, the current judge, for the purpose of judicial economy, should think long and hard about granting the Government's request.
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又学了个新词：caveat。还知道“货物出门，概不退换”就叫 caveat emptor
作者：学无止境 - 2000/06/01 00:01:00
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It's also used as a "warning" to consumers : Caveat Emptor, "Buyers Beware".
作者：The Yeti - 2000/06/01 16:01:17
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Or" "If an an offer looks too good to be true, it probably is (too good to be true)."
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今天刚翻过这篇，看到这里也有，拿过来讲高手修改。
作者：不是高手 - 2000/06/01 01:33:38
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微软近日递交了垄断案最终文件，称美国司法部拆分公司的计划有缺陷，是含糊暧昧的。
微软同时提供了从部分认为拆分会伤害美国经济的其它公司经理人那里得到的证词。
微软律师称DreamWorks公司的Jeffrey Katzenberg和康柏公司的Michael Capellas等人愿意为拆分微软给其它公司和整个行业带来的负面影响出庭作证。
微软此举旨在向法院证明微软方面还有支持证人存在。但由于美国地区法官托玛斯·彭菲尔德·杰克逊已经结束了此案的听证会，将不再召见任何证人。 微软的这份文件不太可能会动摇杰克逊的决心，但会对微软的上诉有所帮助。
该文件是微软在一周前杰克逊即将结束此案终审听证会时匆匆拟定的。文件内容包括公司创始人比尔·盖茨和其它证人的证词。
这一证词包括七个证人的总结陈词，他们分别是Katzenberg, Capellas,保险巨人Geico董事长和服装连锁店Nordstrom公司CEO。
微软建议修正
微软提交的文件同时包括对政府拆分提案的修改意见。微软发言人Jim Cullinan说，新修改的内容旨在更改议案中模糊、不明确的地方。
微软批评政府使用了模糊概念。认为应该对“网络浏览器”有一个明确的定义。而目前的文件中并没有表明政府所指的倒底是什么。
微软反对将价格公布在网上，认为包括竞争对手在内，“在互联网公开价格是没有道理的”。
公司在报告中提出了多个延长最后期限的建议，并列出了一系列理由，比如认为拆分需要“获得其它外国政府的同意。而这是相当耗费时间的”。
Cullinan说提供修改提案的原因是，他们相信拆分这种极端的、破坏性的解决方案在上诉过程中不会是一成不变的。尽管现在不知结果如何，但他们希望能够很快得到明确结果。
裁决将很快到来
该公司对政府计划的回复是杰克逊公布最终裁决前递交的最后一个文件。
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好像您的原文与这篇不一样
作者：laoliu - 2000/06/01 01:44:26
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原文来了！
作者：不是高手 - 2000/06/01 01:50:43
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Final Word
Microsoft Calls Government
Breakup Plan ‘Defective
May 31 — Microsoft submitted its final document in the landmark antitrust case today, calling the U.S. Justice Department’s plan to break up the software giant “defective,” “vague” and “ambiguous.”
Microsoft also offered testimony from several executives of other companies who share its belief that a breakup would be injurious to the economy.
Microsoft’s lawyers said Jeffrey Katzenberg of DreamWorks and Michael Capellas of Compaq, among others, are willing to testify to the negative effects that a Microsoft breakup would have on their companies and industries.
The company’s offer was little more than a symbolic move aimed at showing the court supporting testimony that it believes the judge should have heard. Since U.S. District Court Judge Thomas Penfield Jackson has already closed hearings on the case, no more witnesses will be called.
Such filings are unlikely to sway Jackson, but they might be important in Microsoft’s planned appeal of his ruling.
Microsoft’s filing follows up on the “offer of proof,” it filed hurriedly a week ago, as Jackson was about to end the final hearing in the case. That filing outlined proposed testimony from company co-founder Bill Gates and other witnesses. The government, in its revised filing two days later, called it an eleventh-hour ploy.
Today’s “offer of proof,” included a summary of testimony from seven potential witnesses, including Katzenberg, Capellas, the chairman of insurance giant Geico and the CEO of clothing store chain Nordstrom Inc.
Microsoft Suggests Revisions
The company’s filing today also included revisions to the government’s breakup proposal.
Microsoft spokesman Jim Cullinan said the new changes “were designed to correct the ambiguity and vagueness” of the plan.
Microsoft criticized the government for using vague definitions. “There must be a definition of the term ‘Internet browser,’” the company wrote. “At the moment there is no indication of what the government is referring to.”
Microsoft objected to such conduct changes as publishing its prices on the Web, saying there was “no reason why (the prices) should be published to the world, including Microsoft’s competitors.”
The company proposed stretching out many deadlines in the plan, citing a variety of reasons. For example, the company said a split may require “approval from certain foreign governments. Obtaining such approvals is a time-consuming process.”
“We are offering these edits with the obvious caveat that we do not believe that such an extreme and damaging remedy would be sustained by the appellate process,” Cullinan said. “Still, we may have to live with this in some form or another, and we want it to be as clear as possible.”
Ruling Could Come Soon
The company’s response to the government’s plan is the last filing before Jackson issues his ruling on whether Microsoft should be split in two.
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太有参考价值了。谢谢！
作者：小江 - 2000/06/01 08:40:29
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好像被编辑、删改过了
作者：laoliu - 2000/06/01 11:25:56
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>little more than a symbolic move
not translated
Microsoft’s filing follows up on the “offer of proof,” it filed hurriedly a week ago, as Jackson was about to end the final hearing in the case. That filing outlined proposed testimony from company co-founder Bill Gates and other witnesses.
There're two filings. The last one was done a week ago. This current one was done now.
The government, in its revised filing two days later, called it an eleventh-hour ploy.
not translated
Microsoft objected to such conduct changes as publishing its prices on the Web, saying there was “no reason why (the prices) should be published to the world, including Microsoft’s competitors.”
微软反对将价格公布在网上，认为包括竞争对手在内，“在互联网公开价格是没有道理的”。
The competitors will READ about the prices.
sustained by the appellate process
维持原判
Still, we may have to live with this in some form or another, and we want it to be as clear as possible.
尽管现在不知结果如何，但他们希望能够很快得到明确结果。
"this" 是政府提议的remedy
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发新闻稿只能算编辑，不必完全忠实原文，但想以此为例，从翻译的角度研究一下，不妥之处，望老刘多多指教。
作者：不是高手 - 2000/06/01 20:20:53
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那叫“编译”，通融余地较大。
作者：古月 - 2000/06/01 20:44:22
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你们说的对。新闻翻译其实承担了很大一部分编辑的工作。
作者：laoliu - 2000/06/02 10:47:37
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在《星岛》时，主管可能会说：“这篇稿子翻成五百字。”或者：“把这三篇原文综合成一篇。”这时翻译兼任了reporter和editor。国内的主编可能还有政治宣传方面的考虑，那又更复杂一些。
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Sure, you're more experienced in this area.
作者：Gu Yue - 2000/06/02 15:09:07
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