Feeds

DoJ filing points to MS lawyers in slow motion

Ah, but will it make any difference?

  • alert
  • submit to reddit

Secure remote control for conventional and virtual desktops

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

Secure remote control for conventional and virtual desktops

More from The Register

next story
The Return of BSOD: Does ANYONE trust Microsoft patches?
Sysadmins, you're either fighting fires or seen as incompetents now
China hopes home-grown OS will oust Microsoft
Doesn't much like Apple or Google, either
Linux turns 23 and Linus Torvalds celebrates as only he can
No, not with swearing, but by controlling the release cycle
This is how I set about making a fortune with my own startup
Would you leave your well-paid job to chase your dream?
Microsoft cries UNINSTALL in the wake of Blue Screens of Death™
Cache crash causes contained choloric calamity
Eat up Martha! Microsoft slings handwriting recog into OneNote on Android
Freehand input on non-Windows kit for the first time
Linux kernel devs made to finger their dongles before contributing code
Two-factor auth enabled for Kernel.org repositories
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.
5 things you didn’t know about cloud backup
IT departments are embracing cloud backup, but there’s a lot you need to know before choosing a service provider. Learn all the critical things you need to know.
Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
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?