Feeds

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

Spoilsport...

  • alert
  • submit to reddit

Providing a secure and efficient Helpdesk

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. ®

Secure remote control for conventional and virtual desktops

More from The Register

next story
Microsoft WINDOWS 10: Seven ATE Nine. Or Eight did really
Windows NEIN skipped, tech preview due out on Wednesday
Business is back, baby! Hasta la VISTA, Win 8... Oh, yeah, Windows 9
Forget touchscreen millennials, Microsoft goes for mouse crowd
Apple: SO sorry for the iOS 8.0.1 UPDATE BUNGLE HORROR
Apple kills 'upgrade'. Hey, Microsoft. You sure you want to be like these guys?
ARM gives Internet of Things a piece of its mind – the Cortex-M7
32-bit core packs some DSP for VIP IoT CPU LOL
Microsoft on the Threshold of a new name for Windows next week
Rebranded OS reportedly set to be flung open by Redmond
Lotus Notes inventor Ozzie invents app to talk to people on your phone
Imagine that. Startup floats with voice collab app for Win iPhone
prev story

Whitepapers

Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.
The next step in data security
With recent increased privacy concerns and computers becoming more powerful, the chance of hackers being able to crack smaller-sized RSA keys increases.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
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.