Feeds

Breakup remedy was Microsoft's own fault, says trial judge

And he might be hinting that the government case will go pear-shaped...

  • alert
  • submit to reddit

Choosing a cloud hosting partner with confidence

Microsoft trial judge Thomas Penfield Jackson has blamed the company's intransigence for his imposition of structural remedies, including a split into two separate operations. At an antitrust conference in Washington yesterday he told reporters that breakup had not been his preferred remedy, but made it clear felt he'd been left with little choice.

By delivering his judgement in parts, and via clear indications during the trial, Jackson had attempted to point Microsoft in the direction of a negotiated settlement. Judge Richard Posner, who hosted the failed mediation talks, indicated that there had been serious progress made by the time he pulled the plugs, but complained about leaking and spinning. More recently he seemed to be pointing at the US states attorneys general as an excessive burden to antirust law in general, if not exactly to his mediation in particular.

Posner praised the professionalism of both the Microsoft and DoJ legals teams, but from what Jackson's saying now we can maybe deduce that professionalism and intransigence aren't necessarily mutually exclusive.

Perhaps more significantly - considering he's just had his preferred appeals procedure rejected by the Supreme Court - Jackson says: "Virtually everything I did may be vulnerable on appeal." In his conclusions Jackson did practically everything he could to minimise the areas where he would be vulnerable to appeal, so this could be a sign he's becoming pessimistic about the eventual outcome. ®

Related stories:
Battle rages over blame for MS talks failure
MS trial judge points finger of blame at US states
Judge uses verdict to torpedo MS appeal chances

Top 5 reasons to deploy VMware with Tegile

More from The Register

next story
That dreaded syncing feeling: Will Microsoft EVER fix OneDrive?
Microsoft's long history of broken Windows sync
Mozilla, EFF, Cisco back free-as-in-FREE-BEER SSL cert authority
Let’s Encrypt to give HTTPS-everywhere a boost in 2015
SLURP! Flick your TONGUE around our LOLLIPOP – Google
Android 5 is coming – IF you're lucky enough to have the right gadget
Nokia's N1 fondleslab's HIDDEN BRILLIANCE: The 'Z Launcher'
Sugarcoating Android's Lollipop makes tab easier to swallow
Bug fixes! Get your APPLE BUG FIXES! iOS and OS X updates right here!
Yosemite fixes Wi-Fi hiccup, older iOS devices get performance boost
Facebook, working on Facebook at Work, works on Facebook. At Work
You don't want your cat or drunk pics at the office
Soz, web devs: Google snatches its Wallet off the table
Killing off web service in 3 months... but app-happy bonkers are fine
Meet Windows 10's new UI for OneDrive – also known as File Explorer
New preview build continues Redmond's retreat to the desktop
Microsoft: Your Linux Docker containers are now OURS to command
New tool lets admins wrangle Linux apps from Windows
prev story

Whitepapers

Choosing cloud Backup services
Demystify how you can address your data protection needs in your small- to medium-sized business and select the best online backup service to meet your needs.
Getting started with customer-focused identity management
Learn why identity is a fundamental requirement to digital growth, and how without it there is no way to identify and engage customers in a meaningful way.
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.
Simplify SSL certificate management across the enterprise
Simple steps to take control of SSL across the enterprise, and recommendations for a management platform for full visibility and single-point of control for these Certificates.
Saudi Petroleum chooses Tegile storage solution
A storage solution that addresses company growth and performance for business-critical applications of caseware archive and search along with other key operational systems.