2 - The Michigan Daily - Tuesday, November 9, 1999r'ATIONI X ORLD Judge puts Microsoft under fire WASHINGTON (AP) - The judge behind the ruling against the Microsoft Corp. didn't question the honesty of Bill Gates outright, but he rejected almost every explanation of events offered under oath by the world's most famous billionaire. The lack of faith that U.S. District Judge Thomas Penfield Jackson showed in Microsoft's trustworthiness could hurt chances for a less severe punishment - or even for a settlement offer - that relied on a company pledge of some future behavior toward rivals in the technology industry. The judge could order remedies up to or including a breakup of the company in the next phase of the case unless a settlement is agreed to in the meantime. Time and again, the judge embraced the government's version of key events and Microsoft's motivations in last Friday's antitrust ruling. ..In one of its most sensational claims during the lawsuit, the Justice Department said Microsoft quietly met with software rival Netscape to illegally divide the market, a charge Gates him- self called "an outrageous lie" The judge called the offer "an effort to persuade Netscape to structure its BRUEGGER'S BAGELS Bruegger's Bagels has earned the reputation for making the hottest, freshest and best bagels in the business. We currently seek enthusiastic, energetic and professional individuals to fill the following positions: " Assistant Managers * Shift Supervisors . Cashiers/Servers * All Crew Positions How can anyone pass this up?? -No greasy fryers or grills - No late nights or drive thrus - hours of operations that are "Family Friendly" (home in the evening-study time) " 5 DAY WORK WEEK - Medical, Dental & 401 K - No Holiday Mall Madness -'Bonus Program - Managers Apply at the-location nearest you: -Woodland Plaza- 2260S. Main St. Ph: 734-213-2560 -Campus/N. University 709 N. University Ave. Ph: 734-747-8561 business such that the company would not distribute platform-level browsing software for Windows." He didn't buy Microsoft's version of events through- out his ruling. "That's the implication," said Robert Litan, a former senior Justice official now at the Brookings Institution. "He didn't come out and say it, but if you read between the lines, that's certainly what he ended up deciding." "It's clear he didn't think they had much (credibility)," agreed Marc Schildkraut, a former Federal Trade Commission official who questioned Gates during negotiations with Microsoft in the early 1990s in the FTC's antitrust investigation. "The findings are very one-sided. It's a tough row for them to hoe on that ground." Microsoft declined to comment on inferences the judge didn't find its wit- nesses truthful. But the company's renowned aggres- siveness - and the implication that executives bent the truth under oath - could hurt the chances for negotiating a settlement or escaping with moderate conduct-remedy penalties - enforced promises not to behave in certain ways. MORE T'A +,1O0 SERVED DAILY. TE MICH1GAN DAILY. ny opponent with a track record of defiance ... in the eyes of the law has to be treated as such. - Richard Blumenthal Connecticut attorney general AROUND THE NATION HMO says doctors will decide treatment NEW YORK - Abandoning the bedrock principle underlying managed care, United Health Group says doctors, not health plan administrators, will now have the final say on which treatments it will cover. United is the nation's second-largest health insurer, covering 14.5 million peo- pIe. The move accelerates a trend among health maintenance organizations to gi doctors and patients more freedom. But it raises questions about how HMOs w control rising costs and whether consumers will be best served by a return to the "doctor-knows-best" philosophy. United said its decision makes fiscal sense because it was paying more money to scrutinize and deny questionable treatments than the practice saved. United will still ask doctors to justify such decisions as ordering surgery or expensive diagnostic tests. And the change doesn't mean that United will pay for services that are currently not covered, such as cosmetic surgery. But under the new policy, the doctor will have the final say on how the patient will be treated, the company said yesterday. United said doctors will be evaluated over the long term instead of case by case, and those found to be practicing wasteful medicine will be dropped from the hea care network. "Any opponent with a track record of defiance or untrustworthiness in the eyes of the law has to be treated as such," said Richard Blumenthal, attor- ney general for Connecticut, one of 19 states that sued Microsoft with Justice. "Whenever we talk settlement with an opponent whose credibility and trustworthiness are in question, we would demand very strict and specific measures of compliance." "To simply have a court order saying, 'please play nice and don't do these things' - there are some serious ques- tions whether conduct remedies would be enough," added Wayne Klein, Utah's assistant attorney general. "They're needed, but will they be enough?" To assuage the judge, Microsoft also will need to overcome a courtroom episode two years ago when it infuriat- ed Jackson. When he ordered Microsoft in December 1997 to separate its Internet browser software from its dominant Windows operating system, the compa- ny complied - except Windows didn't work anymore. "It seemed absolutely clear to you that I entered an order that required you to distribute a product that would not work?" Jackson asked, out- raged. "Is that what you're telling me?" Harry First, the head of antitrust for the New York attorney general, said those types of legal maneuvers don't help the company convince the judge it can be trusted. "How do they carry out these obliga- tions? Do they cut corners?" First asked. "We've got a bit of a track record. Certainly this judge has seen it in front of him. The past is prologue." London.....$341 Paris ...........$416 Los Angeles...$269 Amsterdam....$416 (734) 668.8550 1103 S. University, Suore 1 (734) 769-2555 Michigan Union, GOmund Xloor LOANS Continued from Page 1 As of Friday, the proposal would mean a gain to lenders of .41 percent. The student loan provision has the potential of driving up the costs for the federal government and costing tax pay- ers more, which can result in a cut in stu- dent loans in the long run, Frishberg said. But supporters of the provision claim that they "don't anticipate that this will have any impact on students or tax pay- ers," said the committee's Director of Communications Becky Campoverde. Further objection to the provision is the projected $1.75 billion profit in five years that the student loan industries will gain without any benefits to the students, Frishberg said. The provision "potentially takes money away that could otherwise be available to students," said Margaret Rodriguez, associate director of Financial Aid at the University. Officials at Sallie Mae are lobbying for the transfer to commercial paper which will "increase the efTiciency and stability of the" Federal Family Education Loan Program, Sullivan said. The government is using the budget surplus to reduce the national debt, effecting the supply of treasury bills to which the student loan industry's income stream is tied, Sullivan said, adding that the capital market must be tapped to raise the $25 billion needed annually to support student loans. Opponents to the provision said that the competition created by the shift to commercial paper will harm students. Small lending agencies will not ben- efit from the provision which would allow the larger companies to decrease competition, said Jamie Pueschel, leg- islative director of the U.S. Students Association. Less competition is harm- ful to the students, she added. Much of the controversy surrounding the use of commercial paper began with the 1998 Higher Education Act when the proposal was first introduced and then rejected, Pueschel said. She added that the student loan industry then attempted to attach the provision to the Labor Health and Human Services appropriations bill and when that was rejected, they attached the provision into an unrelated bill. The bill was not passed through the Education and Workforce Committee, Rep. Dale Kildee (D-Flint) said. The provision was "done outside the com- mittee of jurisdiction," he said and as a result, hearings were not held on behalf of the students, Kildee said. But although the provision was not passed through the Education and Workforce Committee, members have expressed support for passage of such a provision. There is bi-partisan support by the full committee and subcommit- tee, Campoverde said. Under the act, a study group was formed in which Frishberg and others considered the use of commercial paper, he said, and determined that the student loan calculations in the pro- posed provision was inaccurate due to unrealistic projections. High court declines death penalty cases WASHINGTON - The Supreme Court refused to consider whether the execution of prisoners who have spent nearly two decades on death row is cruel and unusual punishment yester- day. The court rejected appeals from Florida and Nebraska inmates who had been on death row for nearly 25 and 20 years, respectively, and claimed that delayed executions vio- lates their Eighth Amendment rights. There was no statement on behalf of the full court in its denial of the separate petitions, but Justice Clarence Thomas penned a concur- rence. "I write only to point out that I am unaware of any support in the American constitutional tradition or in this court's precedent that a defen- dant can avail himself of the panoply of (appeals) and then complain when his execution is delayed," Thomas began. He then detailed what he called the Supreme Court's "Byzantine death penalty jurisprudence," which permits several levels of court hearings intend- ed to ensure a defendant has not been unfairly sentenced to die. Senate to debate agribusiness mergers WASHINGTON - With the Clinton administration's blessing, giant grain trader Cargill recently acquired the grain operations of one of its major competitors, and the merger of two major manufacturers of farm tractors was approved. Now the Justice Department is be@ asked to approve a deal in which the largest pork processor would take over its nearest competitor. It would be the latest in a wave of mergers and acquisitions reshaping the U.S. agriculture and food industries. The Senate is to vote this week on a proposed 18-month moratorium on agribusiness mergers. \O AROUND TH EWORLD China gov't arrests 111 Falun Gong All fares are round-trip, Tax not included. Some restrictions apply Or send/fax your resume to: Bruegger's Bagels, H.R. Dept., 29900 Southfield Road Southfield, MI 48076 Fax: 248-557-5380. EOE I Ii!TRAVEL I We've Been There. BEIJING - In the first official release of such statistics, the Chinese government announced yesterday that police have formally arrested I11 fol- lowers of the banned Falun Gong spiri- tual group on criminal charges ranging from stealing state secrets to engaging in illegal business activity. A spokesperson for the State Council, or Cabinet, said the govern- ment is employing a range of lesser punishments on a far larger number of followers, which helps explain the sig- nificant discrepancy between the offi- cial government arrest total and figures cited by human rights groups and Falun Gong followers. The Hong Kong-based Information Center of Human Rights and Democratic Movement in China reported Sunday that authorities have sentenced more than 500 people to labor camps. Most Falun Gong practitioners who have come to Beijing in recent weeks to protest the official ban on their group have not been arrested but rather "picked up, given re-education and sent back to their hometowns," said Li Bing, deputy head of the State Council's information office. He acknowled$ that two sect members died while in custody, but he denied allegations that the authorities were responsible. Pope seeks ties with Orthodox Church TBILISI, Georgia - Pope John Paul II took his drive to "build new bridges" with the Orthodox Church to this mer Soviet republic yesterday, but his initiative appeared to meet resistance. On a visit that pointed to the diffi- culty in reaching his goal of closet links among Christian denominations, the pope was greeted by Georgian Orthodox Patriarch Ilia II and President Eduard Shevardnadze on his arrival from India. - Conipiledfrom Daily wire report sac of Weber's Inn ONLY $4.75 Matinees before 6 pm, Kids, Seniors, & Everyone all day Tuesda $5.50 with Student ID after 6pm s5.25 Late Shows Fri & Sat I pNo passes or Tuesday discounts Unlimited Free Drink Refills & .25t Corn Refills Stadium Seating Gives An Unobstructed View STUDI eu.u "jailiut *A ii .... N N N ALL SCREENS DIGITAL STEREO ALL THEATERS STADIUM SEATING THE BACHELOR (PG-13) 1:15, 3:20, 5:30, 7:38, 9:35 OBONE COLLECTOR (R) 12:30, 2'40, 5:00, 7:10, 9:15 o INSIDER (R) 1:00, 2:00, 3:50, 5:00, 6:45, 8:00, 9:45 FIGHT CLUB (R) 1:35, 4:20, 7:05, 9:50 o HOUSE ON HAUNTED HILL (R) 1:25, 3:25, 5:25, 7:30, 9:20 0MUSIC OF THE HEART (PG) 11:50, 2:10,4:35,7:20, 9:40 BEST MAN (R) 11:30,1:55, 4:25,6:55, 9:25 BRINGING OUT THE DEAD (R) 11:45, 2:05, 4:30, 6:55, 9:25 STORY OF US (R) 1:30, 3:30, 5:35, 7:40, 9:45 RANDOM HEARTS (R) 11:30, 2:00, 4:30, 7:10, 9:35 AMERICAN BEAUTY (R) 12:40, 3:00, 5:20, 7:40, 9:55 THREE KINGS (R) 12:00, 2:20, 4:40, 7:05, 9:10 DOUBLE JEOPARDY (R) 12:20, 2:40, 4:55, 7:15, 9:30 SIXTH SENSE (PG-13) 12:35, 2:50, 5:10, 7:25, 9:30 BANDITS (R) 12:50, 3:05, 7:20 SUGAR TOWN (R) 5:15, 9:40 The Michigan Daily (ISSN 0745-967)is published Monday through Friday during the fall and winter terms by students at the University of Michigan. Subscriptions for fall term, starting in September, via U.S. mail are $100. Winter term (January through April) is $105, yearlong (September through April) is $180. On-campus subscriptions for fall term are $35. Subscriptions must be prepaid. The Michigan Daily is a member of the Associated Press and the Associated Collegiate Press. ADDRESS: The Michigan Daily, 420 Maynard St., Ann Arbor, Michigan 48109-1327. PHONE NUMBERS (All area code 734): News 76-DAILY; Arts 763-0379; Sports 647-3336: Opinion 764-0552; Circulation 764-0558; Classified advertising 764-0557; Display advertising 764-0554; Billing 764-0550. E-mail letters to the editor to daily lettersFumich.edu. World Wide Web: http://www.michigandaily.com.- NEWS Jennifer Yachnin, Managing Editor EDITORS Nikrta Easley. Katie Plna. Mike spehn, Jairmie Winkier. STAFF: LIndsey Alpert. Jeannie Baumann, Ria Ber rin, Marta Brill, Nick Bunkley, Anna Clark, Adam Brian Cohen. Shabnam Daneshvar, Sana Danish, Dave Enders. 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STAFF: Emily Achenbaum, Matthew Barbas, David Den Herder, Sam Duwe, Dan Dingerson, Jason Emeott, Sarah Ensor, Mark Francescutti, Geoff Gagnon, Brian Galvin, Raphael Goodstein, Arun Gopal, Chris Grandstaff, David Horn, Michael Kern, Dena Krischer, Ryan C. Moloney, David Mosse, Stephanie Often, Jeff Phillips, Kevin Rosenfield, David Roth, Tracy Sandier, Jon Schwartz, Benjamin Singer. Nita Srivastava, UIma Subramanian, Jacob Wheeler, Dan Williams, Jon Zemke. ARTS Christopher Cousino, Jessica Eaton, Editors WEEKEND, ETC. EDITORS: Jeff Druchniak, Nicole Pearl, Toyin Akinmusuru SUB-EDITORS: Gabe Fauri (Music, Jenni Glenn (Fine/Performing Arts, Caitlin Hall (TV/New Media), Gina Hamadey (Books), Ed Sholinsky (film} STAFF: Matthew Barrett, Jason Birchmeier, Alisa Claeys, Cortney Dueweke, Brian Egan. Steven Gertz. Jewel Gopwani, Chris Kula, Erin Podolsky, Aaron Rich, Adlin Rosli, Chris Tkaczyk, Jonah victor. Ted Watts, John Uh, Curtis Zimmermann. PHOTO Louis Brown, Dana Unnane, Edi ASSOCIATE EDITOR: David Rochkind ARTS EDITOR: Jessica Johnson STAFF: Allison Cantor, Sam Holenshead. Dhani Jones, Danny Kalick, David Katz. Emily Linn, Marjorie Marshall, Jeremy Menchik. Joanna Paine. Sara Schenk, Michelle Sweinis, Alex Wolk, Kimitsu Yogachi. ONLINE Satadru Pramanik, Managing Editor EDITORS: Toyn Akinmusuru, Rachel Berger, Paul Wong STAFF: Amy Ament, Angela Cummings, Dana Goldberg, James Schiff, Peter Zhou. DESIGNER: Seth Benson O. - I ---- PM