Feeds

Mires of delay close around MS appeal trial

The company has just a few teensie concerns...

  • alert
  • submit to reddit

Intelligent flash storage arrays

Is it our imagination, or are the mires closing around the Microsoft appeal? Both Microsoft and the DoJ seem to have agreed that the Appeals Court judges should get a technical briefing next month so that they can understand the issues better, but "a few concerns" raised by Microsoft serve to illustrate how an apparently innocuous matter could turn into a huge wrangle with - oh yes - added delays.

Both sides say they're concerned to ensure that the expert the Court wants doesn't put new or different spin on the territory covered in the trial. This in itself could allow massive scope for argument, considering how wide-ranging the material produced at the trial was. The Doj also seems keen to block any Microsoft attempts to start producing its own evidence while the presentation takes place. But Microsoft's "few concerns" look more like a collection of landmines the company is trying to plant.

It has queried the experience of the expert, Illinois Institute of Technology CTO Michael Hites. He appears, says Microsoft, to have more experience with server operating systems, Unix and NT, and therefore may goof if he tries to extrapolate from this to the desktop OS arena. Note the cunningly planted mine here - if the Court will let them, Microsoft's lawyers will start arguing the toss about the definition of operating systems, relevant markets and so on. And any attempt by Hites to put operating systems into a context, any context, can be presented as introducing material relavant to issues covered in the trial.

So plenty of scope for objections and arguments there.

Next, we have the traditional Microsoft 'what did you do in the OS war daddy,' question. Hites did some research for Sun a while back, says MS - it would like full details, not that it's saying he's biased or anything - yet. Sun, age-old enemy, has recently been looking even more like the deus ex machina that arranged for all the ordure to be dumped on Microsoft, in several continents.

It's also important, says Microsoft, that Hites lets it and the DoJ see his proposed briefing before he delivers it. At which point Microsoft flaks, techies and attorneys will pore over it with a fine toothed comb, and guess what? We'll no doubt have "just a few concerns."

Microsoft has also asked for two lawyers from either side to be present, rather than one. This almost looks like an afterthought, but more probably reflects an intent to keep a close legal eye on Hites, rather than accepting the briefing as a neutral, innocuous aid for the judges. Over by Christmas? Not even Christmas 2001. ®

Related Stories

MS trial judges book themselves remedial tech classes
Inside the MS trial - how they brought Gates to tears

Secure remote control for conventional and virtual desktops

More from The Register

next story
Download alert: Nearly ALL top 100 Android, iOS paid apps hacked
Attack of the Clones? Yeah, but much, much scarier – report
NSA SOURCE CODE LEAK: Information slurp tools to appear online
Now you can run your own intelligence agency
Microsoft: Your Linux Docker containers are now OURS to command
New tool lets admins wrangle Linux apps from Windows
First in line to order a Nexus 6? AT&T has a BRICK for you
Black Screen of Death plagues early Google-mobe batch
Microsoft adds video offering to Office 365. Oh NOES, you'll need Adobe Flash
Lovely presentations... but not on your Flash-hating mobe
You stupid BRICK! PCs running Avast AV can't handle Windows fixes
Fix issued, fingers pointed, forums in flames
prev story

Whitepapers

Seattle children’s accelerates Citrix login times by 500% with cross-tier insight
Seattle Children’s is a leading research hospital with a large and growing Citrix XenDesktop deployment. See how they used ExtraHop to accelerate launch times.
How to determine if cloud backup is right for your servers
Two key factors, technical feasibility and TCO economics, that backup and IT operations managers should consider when assessing cloud backup.
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.
Beginner's guide to SSL certificates
De-mystify the technology involved and give you the information you need to make the best decision when considering your online security options.