Feeds

DoJ files on MS: ‘broad pattern of unlawful conduct’

Meanwhile, Microsoft dismisses its case as 'theatrics'

  • alert
  • submit to reddit

Build a business case: developing custom apps

MS on Trial The DoJ's counterblast to Microsoft's 'findings of fact' document, leaked earlier this week, has now been filed. At this stage of the trial the rivals lodge rival documents giving their interpretation of the facts established during the trial, and these are then considered by the judge. Microsoft span its 450 page version of events to selected press over the weekend, but the DoJ declined to play this particular ball game and held off its 800 page document until Tuesday, when it was due to be filed. The DoJ reiterates its claim that Microsoft "engaged in a broad pattern of unlawful conduct with the purpose and effect of thwarting emerging threats to its powerful and well-entrenched system monopoly." The case breaks down into several major themes. First, that Microsoft's 90 per cent OS market share gives it monopoly power, second that the company attempted to stifle growth of Java and potential rivals in the browser market, and third, that the company's activities had injured consumers by stifling innovation and impeding price decreases. The DoJ document is shot through with embarrassing internal documentation from Microsoft which lends support to these claims. Faced with this Microsoft's defence has taken an intriguing (some might say, desperate) approach. The company's own finding of facts relies heavily on the written evidence provided by its witnesses. This was fairly comprehensively dismantled by the DoJ in cross-examination, and the subpoenaed MS documents played a major part in undermining it . Microsoft, however, argues that all of this can be categorised as mere courtroom theatrics, and should therefore be discounted. The judge is thought unlikely to agree with this standpoint, however, and this will be a problem for Microsoft. The judge intends to deliver his decision in two parts, first with a finding of facts of his own, and then (possibly early next year) a final verdict. Appeals in such cases are generally made on the application of the law (i.e. part two of the judgement, here), rather than on the judge's finding of facts, so if the judge comes down for the DoJ in part one, MS will come under increasing pressure to settle, and there will be increasing speculation about possible remedies until the final verdict is delivered. ® Complete Register Trial coverage

Boost IT visibility and business value

More from The Register

next story
Kate Bush: Don't make me HAVE CONTACT with your iPHONE
Can't face sea of wobbling fondle implements. What happened to lighters, eh?
Video of US journalist 'beheading' pulled from social media
Yanked footage featured British-accented attacker and US journo James Foley
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
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 ...
Online tat bazaar eBay coughs to YET ANOTHER outage
Web-based flea market struck dumb by size and scale of fail
Amazon takes swipe at PayPal, Square with card reader for mobes
Etailer plans to undercut rivals with low transaction fee offer
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
US regulators OK sale of IBM's x86 server biz to Lenovo
Now all that remains is for gov't offices to ban the boxes
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.
Top 10 endpoint backup mistakes
Avoid the ten endpoint backup mistakes to ensure that your critical corporate data is protected and end user productivity is improved.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Rethinking backup and recovery in the modern data center
Combining intelligence, operational analytics, and automation to enable efficient, data-driven IT organizations using the HP ABR approach.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.