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If you want to be pedantic, yes, the district court did indeed rule against Microsoft with regards to the tying claim.

However, when most people discuss the result of a lawsuit you can generally infer they are referring to the ultimate decision after all appeals are exhausted (as opposed to any particular intermediate decision which could get reversed and then reversed again).

Since the appeals court overturned that particular claim, one could reasonably argue that the district judge ruled incorrectly, and in the eyes of the legal system Microsoft, did not, actually lose.

(Note that I am speaking here only in regards to the tying claim, as the appeals court did affirm that Microsoft lost on several of the other claims related to Windows licensing for OEMs.)



It seems weird to consider any other interpretation, to be honest.

Suppose B was accused of murder, initially convicted, then exonerated on appeal.

“B is a convicted murderer; true or false?”

“B was convicted of murder; true or false?”

If your answers are “false to the first but true to the second”, I’d wager you are frequently misunderstood by other people in conversations.


It makes sense to talk about verdicts when comparing cases, as is the context here.

"X was convicted for doing Y, but Z was not convicted for doing >>Y" is an interesting comparison, even if (or especially if) X later won an appeal.




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