Feeds

The trial this week: DoJ consultant in the frame

With just two days work before Thanksgiving, it looks like W-B will be a busy boy in the box

  • alert
  • submit to reddit

Secure remote control for conventional and virtual desktops

Microsoft has made it clear that it intends to spend several days cross-examining Dr Frederick Warren-Boulton, the consultant economist who testified for a day last week. Microsoft spokesman Larry West admitted that the monopoly issue was a key, substantive one in the case, which until now had dealt with finger-pointing matters. Since this week includes the Thanksgiving holiday, the court will be sitting for only two days, and James Gosling, the Java pioneer, is unlikely to be called this week. Microsoft is likely to attack the market definition that W-B used when he gave as his view that Microsoft has a monopoly. This is standard practice in an unfair competition case: the defendant tries to develop a market definition that can help it show that it did not compete unfairly in that market. This will be difficult for Microsoft because it has produced an abundance of bragging statements that show it dominant according to the market definition W-B is using. Microsoft will try to develop a broader market definition than just Intel, and include all operating systems. Confounding the general rule that Republicans do not believe in breaking up monopolies, a group of soi disant conservatives wrote to Richard Amey, the House majority leader, to say that complaints in Congress to the effect that the government's prosecution intrudes in an unregulated market should be ignored. Former chairman of the Federal Trade Commission Dan Oliver, who organised the letter, said that if the Microsoft case could not be supported by Congress, no antitrust case could be supported, and that breaking up Microsoft (or some other structural remedy) could be effective. Oliver, who is also legal advisor to ProComp, an anti-Microsoft industry body, was supported by James Miller, also a previous FTC chairman, and James Rill, who was head of the DoJ antitrust division under Bush. Microsoft has had a much-strengthened team of lobbyists working away to gain support in Congress, but sentiment is not swinging to Microsoft at present. The restaurants of Washington are the only real winners so far. Meanwhile, the original three issues in the Complaint have almost been forgotten: tying Windows and IE (the court of appeals supported Microsoft in June on this ); ISP contracts (Microsoft says it has voluntarily relaxed these); and first-screen requirements (which remain a problem for Microsoft as its defence - a consistent user experience - is weak). Legal argument about the DoJ's move away from these central issues, and Judge Jackson's latitude in allowing it, can confidently be expected from Microsoft. ® Complete Register trial coverage

Next gen security for virtualised datacentres

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
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 ...
Banking apps: Handy, can grab all your money... and RIDDLED with coding flaws
Yep, that one place you'd hoped you wouldn't find 'em
Video of US journalist 'beheading' pulled from social media
Yanked footage featured British-accented attacker and US journo James Foley
Call of Duty daddy considers launching own movie studio
Activision Blizzard might like quality control of a CoD film
Primetime precrime? Minority Report TV series 'being developed'
I have to know. I have to find out what happened to my life
prev story

Whitepapers

A new approach to endpoint data protection
What is the best way to ensure comprehensive visibility, management, and control of information on both company-owned and employee-owned devices?
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.
Maximize storage efficiency across the enterprise
The HP StoreOnce backup solution offers highly flexible, centrally managed, and highly efficient data protection for any enterprise.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.