Feeds

MS guilty – can Prez Bush save it?

If the procedure drags, a new administration may come to the rescue

  • alert
  • submit to reddit

Bridging the IT gap between rising business demands and ageing tools

MS on Trial Microsoft is making it clear that it wishes to appeal. Whether it will do so immediately against the Conclusions of Law is not yet certain, but there can be little doubt that Microsoft would want to get the case back into the appellate court as soon as possible. Microsoft's hope would be that the Court of Appeals would stay any District Court proceedings pending the hearing of its appeal. One of Microsoft's stratagems must be to delay the case as much as possible, in the hope that George W Bush III becomes President (he is known to oppose the breakup of Microsoft), and appoints an attorney general who will not push for the breakup of Microsoft. Judge Jackson's plan is almost certainly to set a schedule for further briefs and a hearing on remedies, and if he moves at the same speed as for the fact and legal findings, it would be reasonable to suppose that he would make his Order about what should be done around the end of June or in early July. It remains to be seen whether Microsoft will persuade the appellate court to put such a procedure on hold. Although Microsoft has made noises about an expedited appeal, the appellate court is not very swift about holding hearings and deciding the matter. It would be reasonable to expect a lapse of up to six months between the launch of an appeal, the preparation of briefs, a hearing, and the decision. If the District Court action were stayed pending the appeal, then Microsoft would make it into the next presidency, with the possibility of a pro-Microsoft  attorney general and a new antitrust chief in place by next January. There is an interesting alternative possibility: the Antitrust Expediting Act makes it possible for the DoJ to seek to have the case appealed directly to the Supreme Court, so by-passing the DC Circuit Court of Appeals. Whether this could happen at the present stage is unclear, but it would seem more likely that the District Court would have to finish its work first. When Ronald Reagan became president, he effectively halted the IBM antitrust case that was active. It is of concern to those living under somewhat older and more mature judicial systems that there is in the USA a very real possibility of executive interference with the job of the judiciary, casting doubt on the effectiveness of the separation of powers. It is disturbing that the issue may result being of Microsoft's breakup might well depend on who becomes President. ® Complete Register Trial coverage

Build a business case: developing custom apps

More from The Register

next story
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
iPad? More like iFAD: We reveal why Apple ran off to IBM
But never fear fanbois, you're still lapping up iPhones, Macs
Nadella: Apps must run on ALL WINDOWS – PCs, slabs and mobes
Phone egg, meet desktop chicken - your mother
HP, Microsoft prove it again: Big Business doesn't create jobs
SMEs get lip service - what they need is dinner at the Club
ITC: Seagate and LSI can infringe Realtek patents because Realtek isn't in the US
Land of the (get off scot) free, when it's a foreign owner
Samsung threatens to cut ties with supplier over child labour allegations
Vows to uphold 'zero tolerance' policy on underage workers
Dude, you're getting a Dell – with BITCOIN: IT giant slurps cryptocash
1. Buy PC with Bitcoin. 2. Mine more coins. 3. Goto step 1
There's NOTHING on TV in Europe – American video DOMINATES
Even France's mega subsidies don't stop US content onslaught
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
prev story

Whitepapers

Seven Steps to Software Security
Seven practical steps you can begin to take today to secure your applications and prevent the damages a successful cyber-attack can cause.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Build a business case: developing custom apps
Learn how to maximize the value of custom applications by accelerating and simplifying their development.
Consolidation: the foundation for IT and business transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.