Friday, March 03, 2006

Toys 'R' Us wins suit against Amazon.com - U.S. Business - MSNBC.com:

In her opinion, McVeigh took a rather dim view of the trial testimony of some Amazon executives, including that of the company’s billionaire founder Jeff Bezos, saying she had “no doubt his knowledge and understanding (of the Toys "R" Us agreement) went much deeper than revealed.”

When pushed on the witness stand, “certain information ‘just came back to him’” she said in the ruling, while another of Bezos’ explanations was referred to as “rather childlike.”

McVeigh also rejected Amazon’s efforts to defend itself by asking her to throw out e-mail evidence that may have included hearsay. She said she found it “incomprehensible … that a corporation dealing primarily in Internet commerce finds Internet communications to lack reliability.”

And she repeatedly complained about the ambiguous use of language in memorandums, contract agreements and discussions, concluding that “the language as drafted whether intentional or inartful gave Amazon the words to play the game their way.”