"Microsoft has demonstrated that it will use its prodigious market power and immense profits to harm any firm that insists on pursuing initiatives that could intensify competition against one of Microsoft's core products," wrote Judge Penfield.

Penfield's findings of fact, no matter how damaging, are not the final act in this monumental case in which the Justice Department accuses Microsoft of violating Sections 1 and 2 of the Sherman Antitrust Act. Indeed, at least another month of trial remains before announcement of a final verdict and penalties, if any, against Microsoft. Appeals? They could take years and go all the way to the Supreme Court.

If Microsoft is ultimately found guilty of violating the Sherman Act, penalties could range from a warning, to fines, to forced reorganization. (While the Sherman Act does provide for prison terms of up to three years, no individuals are named in the complaint against Microsoft.)