Feeds

MS asks again for Supremes not to hear its case

Last fling effort for lower court to hear appeal

  • alert
  • submit to reddit

Secure remote control for conventional and virtual desktops

MS on Trial Microsoft had its last fling yesterday when it filed with the Supreme Court a reply brief to the DoJ filing last week. It doesn't add much, merely reiterating its belief that the Expediting Act gives the Supreme Court unqualified discretion not to hear a case. The Supremes of course would know this anyway.

The DoJ has made it clear that it thinks Microsoft is trying to slow down the case by asking that the lower court hears the appeal first. Microsoft denies this, claiming that "No one is more anxious than Microsoft to see this case brought to a prompt conclusion". This is of course true - but to Microsoft, the only conclusion it will accept is one that proclaims its complete innocence.

Microsoft also makes an effort to claim that the AT&T case was "very different", arguing that the Supreme Court did not need to review the "complex factual record". It may turn out that Microsoft is unwise to "cast serious doubt on the reliability of the district court as a finder of fact" if the case ends up back with Judge Jackson for the supervision of "draconian relief". In support of its plea that the Supremes should not have "the onerous task of reviewing 'the entire evidence'", Microsoft cheekily cites a study group report on the caseload of the Supreme Court. The court will be well aware of this too, since the docket has been growing by more than 100 cases a year since 1960.

Microsoft perversely twists the reason for Judge Jackson staying his judgement by claiming that he would not have done this had he believed that "immediate relief was necessary to prevent serious harm to the nation’s economy".

In a footnote, Microsoft argues that it never "threatened to terminate the Windows licence of any OEM that preinstalled Navigator". The fuller story is of course that when Compaq tried to drop IE, Microsoft threatened to cut off its Windows licence - and that OEMs that did not load Navigator were likely to get a better licensing deal. A petition to the Supreme Court was filed yesterday by the DoJ asking that the plaintiff states be granted standing before the court. This is a belt-and-braces precaution, since Microsoft had challenged the states'standing.

With more than 7,000 cases on the docket and only around 100 selected for plenary review, the statistical odds must be that the case will be sent to the court of appeals. Much will depend on whether the justices happen to have any strong feelings in the matter. Although they may not themselves be computer literate, they have an average of more than three children each (Justice Scalia has nine), so they may be get some family advice.

Even if the case is heard, there would be no jury, no witnesses, and probably just 30 minutes for each side to present its case. The next term starts on 2 October, and the earliest any decision is likely to be announced is 3 October.

Related Stories

DoJ rebuts MS brief, lobbies for Supreme Court hearing
MS slams judge in Supreme Court filing

Top 5 reasons to deploy VMware with Tegile

More from The Register

next story
Preview redux: Microsoft ships new Windows 10 build with 7,000 changes
Latest bleeding-edge bits borrow Action Center from Windows Phone
Google opens Inbox – email for people too thick to handle email
Print this article out and give it to someone tech-y if you get stuck
Microsoft promises Windows 10 will mean two-factor auth for all
Sneak peek at security features Redmond's baking into new OS
UNIX greybeards threaten Debian fork over systemd plan
'Veteran Unix Admins' fear desktop emphasis is betraying open source
Google+ goes TITSUP. But WHO knew? How long? Anyone ... Hello ...
Wobbly Gmail, Contacts, Calendar on the other hand ...
DEATH by PowerPoint: Microsoft warns of 0-day attack hidden in slides
Might put out patch in update, might chuck it out sooner
Redmond top man Satya Nadella: 'Microsoft LOVES Linux'
Open-source 'love' fairly runneth over at cloud event
prev story

Whitepapers

Cloud and hybrid-cloud data protection for VMware
Learn how quick and easy it is to configure backups and perform restores for VMware environments.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
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?
Three 1TB solid state scorchers up for grabs
Big SSDs can be expensive but think big and think free because you could be the lucky winner of one of three 1TB Samsung SSD 840 EVO drives that we’re giving away worth over £300 apiece.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.