Feeds

'You're still guilty,' judge in Sun et al antitrust case tells MS

MS fails to get 395 sins counted as irrelevant

  • alert
  • submit to reddit

HP ProLiant Gen8: Integrated lifecycle automation

US District Judge J Frederick Motz has rejected a Microsoft attempt to – effectively – have a string of prior convictions expunged from its record. Yesterday the Maryland judge denied a request by Microsoft attorneys to re-open 395 of Judge Penfield Jackson's 412 findings of fact, so for the moment at least Jackson's conclusions can be used in the case Motz is dealing with.

One does rather wonder why 395, and what are those 17 points on which Jackson and Microsoft are in perfect accord. No matter, as one antitrust case fades another begins to move into the foreground. Motz is handling the cases brought by Sun, Netscape, Be Inc, Burst.com and a group of consumers. These were filed after Jackson's findings, the point being that once Microsoft's transgressions had been established, those viewing themselves as victims were then equipped to take it out of the company's hide.

This could prove expensive for Microsoft. The objective of US versus Microsoft, remember, was not to punish the company but to curb anticompetitive conduct and to guard against its repeat in the future. So, whatever you think about how stonkingly brilliantly the DoJ executed this mission, the case by its very nature did not include vast fines and/or damages.

However, if Jackson's findings can be used in subsequent suits, which Motz has ruled they can, then it is clearly guilty of many things, and it's largely a matter of figuring out whether companies like Sun, Netscape, Be and Burst.com were hurt by this, and if so, to what extent. From Microsoft's perspective, it is therefore important to have as many of Jackson's findings as possible thrown out on the basis that they are not applicable in particular cases.

According to a Reuters report, having failed to get the findings ejected en bloc, Microsoft intends to file challenging specific findings on 20th November. A spokesman told Reuters that Microsoft disputed allegations that it overcharged, and given what good fun the pricing evidence in the other trial was, this looks promising. Regrettably, neither Microsoft nor Sun seems yet to have cranked up any kind of transcript machine for this one – Scott, could you see to it before we get to the juicy bits? Thanks. ®

Related articles

In victory, Microsoft morphs into IBM, and loses it
How did Microsoft end up policing Microsoft

The Power of One eBook: Top reasons to choose HP BladeSystem

More from The Register

next story
Apple fanbois SCREAM as update BRICKS their Macbook Airs
Ragegasm spills over as firmware upgrade kills machines
HIDDEN packet sniffer spy tech in MILLIONS of iPhones, iPads – expert
Don't panic though – Apple's backdoor is not wide open to all, guru tells us
NO MORE ALL CAPS and other pleasures of Visual Studio 14
Unpicking a packed preview that breaks down ASP.NET
Captain Kirk sets phaser to SLAUGHTER after trying new Facebook app
William Shatner less-than-impressed by Zuck's celebrity-only app
Cheer up, Nokia fans. It can start making mobes again in 18 months
The real winner of the Nokia sale is *drumroll* ... Nokia
Mozilla fixes CRITICAL security holes in Firefox, urges v31 upgrade
Misc memory hazards 'could be exploited' - and guess what, one's a Javascript vuln
EU dons gloves, pokes Google's deals with Android mobe makers
El Reg cops a squint at investigatory letters
Chrome browser has been DRAINING PC batteries for YEARS
Google is only now fixing ancient, energy-sapping bug
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Reducing security risks from open source software
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Consolidation: the foundation for IT and business transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.