Feeds

Don't broaden case into new trial, MS judge tells States

Spoilsport...

  • alert
  • submit to reddit

Top 5 reasons to deploy VMware with Tegile

Microsoft antitrust judge Colleen Kollar-Kottelly yesterday appeared to fire a shot across the bows of the unsettling States' case. She refused to accept testimony from former Netscape CEO Jim Barksdale, and also said she was inclined to agree with Microsoft's view that most of the testimony from Sun's Richard Green should be thrown out. She has yet to rule on this, but said she understood Microsoft's concerns, and that she felt some of the direct testimony "needs to be culled through a little more carefully."

She also warned that the broad approach being taken by the States would lead to a new trial, as opposed to a remedy.

Although The Register won't miss another pile of dull testimony from Barksdale, this could be bad news for the States and good news for Microsoft. One of Microsoft's arguments is that the States are massively broadening the scope of the case when it should now be focussing on specific and appropriate remedies for the violations Microsoft has been deemed guilty of. The States are indeed pitching very broad-ranging remedies that are intended to stop future repetition of violations in products that were not considered in the original trial, because in many cases they didn't yet exist.

They're also - as Microsoft has already pointed out - including products that did exist but weren't covered. One of their requirements for example is that the Microsoft Office monopoly be tackled via forced licensing of the product, but although Office was originally considered for inclusion in the case, they and the DoJ dropped it right back at the start.

Which party is right depends on your perspective. If Microsoft has its way then the issues will be slowly whittled down until the argument is over fairly narrow legal territory and past sins, and we get dangerously close to the MS-DoJ Revised Proposed Final Judgment. If the States have their way, on the other hand, then The Beast will be more effectively muzzled in the future, but it'll have much more to do with natural justice than the law. One really is inclined, much as one regrets it, to see some of Microsoft's point here, and to agree with the judge that the States' should try to narrow their case down to the legal and achievable.

That doesn't necessarily mean that current Microsoft products will be excluded from the case, but it probably does mean the States will have to present convincing arguments for why they're relevant. ®

Security for virtualized datacentres

More from The Register

next story
New 'Cosmos' browser surfs the net by TXT alone
No data plan? No WiFi? No worries ... except sluggish download speed
iOS 8 release: WebGL now runs everywhere. Hurrah for 3D graphics!
HTML 5's pretty neat ... when your browser supports it
Mathematica hits the Web
Wolfram embraces the cloud, promies private cloud cut of its number-cruncher
Mozilla shutters Labs, tells nobody it's been dead for five months
Staffer's blog reveals all as projects languish on GitHub
'People have forgotten just how late the first iPhone arrived ...'
Plus: 'Google's IDEALISM is an injudicious justification for inappropriate biz practices'
SUSE Linux owner Attachmate gobbled by Micro Focus for $2.3bn
Merger will lead to mainframe and COBOL powerhouse
iOS 8 Healthkit gets a bug SO Apple KILLS it. That's real healthcare!
Not fit for purpose on day of launch, says Cupertino
Netscape plugins about to stop working in Chrome for Mac
Google kills off 32-bit Chrome, only on Mac
prev story

Whitepapers

Secure remote control for conventional and virtual desktops
Balancing user privacy and privileged access, in accordance with compliance frameworks and legislation. Evaluating any potential remote control choice.
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.
WIN a very cool portable ZX Spectrum
Win a one-off portable Spectrum built by legendary hardware hacker Ben Heck
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?
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.