Feeds

Jackson goes in frame as MS appeal court orders ‘bias’ session

Baffled Redmond lawyers get something they didn't ask for

  • alert
  • submit to reddit

3 Big data security analytics techniques

Microsoft has been given an unexpected present by the Court of Appeals, in the shape of an unasked for 30 minute session on Judge Thomas Penfield Jackson's conduct of the trial, and his alleged mouthiness outside of the court.

This of course was something Microsoft was motoring on until quite recently. Jackson's determination to get through the proceedings before everybody died was tagged by Fort Redmond as unfair, because it meant the company was unable to make its case properly. And Jackson just had to say the M-word outside of the trial for Microsoft to start raving on about prejudicial extrajudicial comment.

That was then, and possibly also now. But it wasn't last week, when a joint 'sweetness and light' filing from Microsoft and the DoJ and friends indicated that they were going to have the big argument on the facts, rather than on the Good Judge himself. Right up front the filing says the two sides "are prepared to rest on written submissions as to (1) the conduct of the trial, other than the procedures employed as to relief, and (2) the extrajudicial statements of the district judge."

The Appeals judges have effectively nixed that by ordering a 30 minute oral session on "conduct of trial and extrajudicial statements." Which is perfectly clear, isn't it?

Why they want to do it might not be so clear. It could be that they've a mind to view Microsoft's apparent climb-down (which was what it was spun into) on beating up Jackson as overly sporting, and want to pursue the matter. Alternatively, they might just have noted that they're going to get piles of written stuff on the matter anyway, because that's actually what the joint filing says, so their lives will be easier if they just get the opposing suits to stand up and deliver a precis.

Note also that the joint filing specifically exempts "the procedures employed as to relief" from Microsoft's kind undertaking not to beat up Jackson orally. Those very procedures have been one of Redmond's major gripes, so he was probably going to catch it big-time anyway.

Thomas Penfield Jackson is the Devil:
Microsoft attacks Jackson in reversal plea
MS appeal: judge 'whopped us upside the head'
MS lost the verdict, but it's winning the trial
'They could kick me off the case,' says MS trial judge

SANS - Survey on application security programs

More from The Register

next story
Android engineer: We DIDN'T copy Apple OR follow Samsung's orders
Veep testifies for Samsung during Apple patent trial
This time it's 'Personal': new Office 365 sub covers just two devices
Redmond also brings Office into Google's back yard
Batten down the hatches, Ubuntu 14.04 LTS due in TWO DAYS
Admins dab straining server brows in advance of Trusty Tahr's long-term support landing
Microsoft lobs pre-release Windows Phone 8.1 at devs who dare
App makers can load it before anyone else, but if they do they're stuck with it
Half of Twitter's 'active users' are SILENT STALKERS
Nearly 50% have NEVER tweeted a word
Internet-of-stuff startup dumps NoSQL for ... SQL?
NoSQL taste great at first but lacks proper nutrients, says startup cloud whiz
Windows 8.1, which you probably haven't upgraded to yet, ALREADY OBSOLETE
Pre-Update versions of new Windows version will no longer support patches
Microsoft TIER SMEAR changes app prices whether devs ask or not
Some go up, some go down, Redmond goes silent
Red Hat to ship RHEL 7 release candidate with a taste of container tech
Grab 'near-final' version of next Enterprise Linux next week
Ditch the sync, paddle in the Streem: Upstart offers syncless sharing
Upload, delete and carry on sharing afterwards?
prev story

Whitepapers

Designing a defence for mobile apps
In this whitepaper learn the various considerations for defending mobile applications; from the mobile application architecture itself to the myriad testing technologies needed to properly assess mobile applications risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.