Feeds

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

Spoilsport...

  • alert
  • submit to reddit

Remote control for virtualized desktops

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
PEAK APPLE: iOS 8 is least popular Cupertino mobile OS in all of HUMAN HISTORY
'Nerd release' finally staggers past 50 per cent adoption
Microsoft to bake Skype into IE, without plugins
Redmond thinks the Object Real-Time Communications API for WebRTC is ready to roll
Microsoft promises Windows 10 will mean two-factor auth for all
Sneak peek at security features Redmond's baking into new OS
Mozilla: Spidermonkey ATE Apple's JavaScriptCore, THRASHED Google V8
Moz man claims the win on rivals' own benchmarks
FTDI yanks chip-bricking driver from Windows Update, vows to fight on
Next driver to battle fake chips with 'non-invasive' methods
DEATH by PowerPoint: Microsoft warns of 0-day attack hidden in slides
Might put out patch in update, might chuck it out sooner
Ubuntu 14.10 tries pulling a Steve Ballmer on cloudy offerings
Oi, Windows, centOS and openSUSE – behave, we're all friends here
Was ist das? Eine neue Suse Linux Enterprise? Ausgezeichnet!
Version 12 first major-number Suse release since 2009
prev story

Whitepapers

Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
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.
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?
New hybrid storage solutions
Tackling data challenges through emerging hybrid storage solutions that enable optimum database performance whilst managing costs and increasingly large data stores.
Mitigating web security risk with SSL certificates
Web-based systems are essential tools for running business processes and delivering services to customers.