Feeds

DoJ filing points to MS lawyers in slow motion

Ah, but will it make any difference?

  • alert
  • submit to reddit

Internet Security Threat Report 2014

MS on Trial In its early filing in response to Microsoft's proposed timetable for the appeal, the DoJ has exposed some of the ways in which Microsoft is trying to cause delays.

The DoJ argues that Microsoft's proposals for "massive pleadings" and an "extended briefing schedule" will not allow the appeal to be resolved quickly. But the DoJ has also made some telling finer points that will not help Microsoft's efforts to delay the appeal.

The 19 "principal legal issues" Microsoft noted on 2 October were unchanged from its 26 July filing. It is also nearly eleven months since the findings of fact, six months since the conclusions of law, and nearly four months since the final judgement. The DoJ also points out that the case that would have been argued before the supreme court and the one to be argued before court of appeals would differ "only in marginal respects", so that Microsoft has already had plenty of time to prepare itself.

The key point that the DoJ has at last made clear is that "This is an appeal, not a retrial". Jabbing again, the DoJ observes that "many of Microsoft's ‘legal' issues are largely disputes with the district court's findings". As for Microsoft's claim that it intended to challenge a number of the factual findings, it was the responsibility of Microsoft's counsel to identify "the most significant factual issues - those that it contends constitute ‘clear error' and on which the determinative legal conclusions depend".

The DoJ goes along with allowing 10,000 words more than normal for the main brief, making it 24,000 words, with a 7,000 word reply brief - with all the briefings finished before Christmas. The DoJ's proposed schedule would make possible oral hearings in January, and it dismisses Microsoft's suggestion of court-invited additional briefs as "premature".

Microsoft has been put in a tricky position in that the DoJ has challenged it to file its reply to the DoJ proposal several days earlier than the court's deadline of 10 October, in view of its own reply being filed two days earlier than required. Since there is not much new that could be said, it will be hard for Microsoft to justify taking extra time - and the court has made it clear that it wants to crack on with the appeal. ®

Related stories:
MS lost the verdict, but it's winning the trial
MS bids to stretch appeal to mid-2001, documentation to moon

Choosing a cloud hosting partner with confidence

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
FTDI yanks chip-bricking driver from Windows Update, vows to fight on
Next driver to battle fake chips with 'non-invasive' methods
UNIX greybeards threaten Debian fork over systemd plan
'Veteran Unix Admins' fear desktop emphasis is betraying open source
Entity Framework goes 'code first' as Microsoft pulls visual design tool
Visual Studio database diagramming's out the window
Google+ goes TITSUP. But WHO knew? How long? Anyone ... Hello ...
Wobbly Gmail, Contacts, Calendar on the other hand ...
prev story

Whitepapers

Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
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.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
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.
New hybrid storage solutions
Tackling data challenges through emerging hybrid storage solutions that enable optimum database performance whilst managing costs and increasingly large data stores.