Microsoft Hatred FAQ

samwyse at gmail.com samwyse at gmail.com
Tue Nov 1 13:37:33 CET 2005


David Schwartz wrote:
> "Mike Meyer" <mwm at mired.org> wrote in message
> news:86u0ex1cc9.fsf at bhuda.mired.org...

>     Morally, lying in court is a tough one. For example, suppose you are in
> a court case with someone who is definitely lying in court. You are in the
> right, but it's clear the court won't believe you in the face of the lying
> and faked evidence. In this case, is lying in court fraud? Or is it
> justified in defense against an attacker willing to use fraud against you?
> So this isn't quite in the same category as force or fraud, because the
> court has the ability to balance credibility and control damage. No such
> balancing is available against a bullet in flight.

Lying in court isn't fraud.  It is perjury.  There are laws against it
with pretty stiff penalties, because it subverts the court system.
Committing perjury to defend yourself against fraud will often cause
any conviction and punishment relating to the fraud to be erased.  So,
I'd say no, it isn't justified.  Instead, you try to prove that the
other person is lying.  Lawyers do this all the time; it's part of
their job and it's called discrediting the witness.

BTW, if you want an excellent example of officers of Microsoft
falsifying evidence in a trial, you need look no further that here:
http://wired-vig.wired.com/news/politics/0,1283,17689,00.html
and here:
http://www.wired.com/news/politics/0,1283,17938,00.html




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