Feeds

Microsoft ambushed by DOJ

Hits the panic button

  • alert
  • submit to reddit

The essential guide to IT transformation

Microsoft says that the Department of Justice's efforts threaten to convert the case into a "trial by ambush". The allegation was in the latest motion to be filed late yesterday by Microsoft in the Washington DC federal court. The DoJ's response filed on Monday was careful not to set out in detail the additional issues that have been found during the discovery process. Recognising that it may not prevail in its motion to have the case dismissed, for which there is an oral hearing on 11 September, Microsoft has hit the panic button as it increasingly became aware that it faced a subtle broadening of the case. Microsoft says that it should only have to answer the original charges made in May -- the tying of IE and Windows 98; the provisions in Microsoft contracts concerning the promotion and distribution of IE; and Microsoft's illegal contract provisions that prevent PC manufacturers from removing features or functionality from Windows 98. Microsoft says that the schedule for the trial was set on the basis of these being the charges. Microsoft list six new matters that it says have arisen: dealings with Apple concerning streaming audio and video; dealings with Intel concerning Intel's native signal processing, and Intel's development of applications written in Java; dealings with RealNetworks concerning streaming audio and video; allegations by Sun over pure Java; allegations by Caldera concerning DR-DOS; and anticipated allegations concerning Bristol Technologies claim for access to NT code. Although these additional matters have arisen during the process of discovery, and are legitimate issue to be brought up at the trial on 23 September, Microsoft claims that each matter requires detailed preparation, and that this would take another six months. It seems clear that Microsoft wishes to delay the start and escalate the complexity of the case. It is unlikely that Judge Jackson will agree to an extended period of preparation, having had to change the date one already. Informed observers forecast that Microsoft will win a delay in the court of appeals. It is known that the judges there follow the so-called Chicago school opposed to antitrust and support Microsoft. In the cases so far, they have brushed aside Congress-enacted law -- the Tunney Act, the Publicity in Taking Evidence Act, and the Sherman Antitrust Act - in favour of judge-made law.®

Boost IT visibility and business value

More from The Register

next story
6 Obvious Reasons Why Facebook Will Ban This Article (Thank God)
Clampdown on clickbait ... and El Reg is OK with this
No, thank you. I will not code for the Caliphate
Some assignments, even the Bongster decline must
Fast And Furious 6 cammer thrown in slammer for nearly three years
Man jailed for dodgy cinema recording of Hollywood movie
Caught red-handed: UK cops, PCSOs, specials behaving badly… on social media
No Mr Fuzz, don't ask a crime victim to be your pal on Facebook
Barnes & Noble: Swallow a Samsung Nook tablet, please ... pretty please
Novelslab finally on sale with ($199 - $20) price tag
Ballmer leaves Microsoft board to spend more time with his b-balls
From Clippy to Clippers: Hi, I see you're running an NBA team now ...
Video of US journalist 'beheading' pulled from social media
Yanked footage featured British-accented attacker and US journo James Foley
Assange™: Hey world, I'M STILL HERE, ignore that Snowden guy
Press conference: ME ME ME ME ME ME ME (cont'd pg 94)
Call of Duty daddy considers launching own movie studio
Activision Blizzard might like quality control of a CoD film
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Endpoint data privacy in the cloud is easier than you think
Innovations in encryption and storage resolve issues of data privacy and key requirements for companies to look for in a solution.
Scale data protection with your virtual environment
To scale at the rate of virtualization growth, data protection solutions need to adopt new capabilities and simplify current features.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?