The Microsoft-AOL antitrust settlement, which I first viewed as a WTF, then as an OMG, is now settling in as a ROTFLMAO. I've sympathized with Microsoft throughout its lengthy antitrust woes - based on my twin beliefs that big business ain't beanbag, and that most antitrust laws are unconstitutionally vague. But this deal is pure jujitsu. It takes the year's-old thrust of an antitrust accusation, creates virtue by appearing to accept responsibility, and spreads a fog of legality around the creation of a new monopolistic vertical combination. Ingenius!
My take: if it weren't for the antitrust litigation, Microsoft would've been more than happy to pony up at least $759M to have AOL lock in use their wares -- years ago. Why didn't they? Because they'd be accused of antitrust violations! So how can they do the deal? Make it part of an antitrust settlement!
Not that I'm all that worried about the boost to Microsoft: I don't see .WMA replacing .MP3 (could this be the deal's ultimate objective?); we could all live easily (better, perhaps?) without Time Warner digital content; and who cares which browser comes packaged with the enormity that AOL ships as connectivity software. Still, from a lawyering point of view, I am impressed by this deal. Very impressed.