Feeds

Judge quashes MS bid to subpoena Oracle and Sun

Refuses to annoy the EC

Remote control for virtualized desktops

A Californian judge has thrown out Microsoft subpoenas asking that Oracle and Sun Microsystems hand over documents to support its case against the European Commission.

US District Judge Patricia Trumbull granted motions from Sun and Oracle to quash Microsoft's subpoenas and to also vacate an earlier order that had allowed Microsoft to serve the companies with subpoenas. Judges in New York and Boston, though, are considering similar requests brought by Microsoft against IBM and Novell.

Rejection comes as Microsoft squares off with the EC in Brussels over a potential 200-million-euro-a-day fine for failing to comply with the terms of a 2004 anti-trust ruling by the Commission on Microsoft's bundling of Media Player with Windows.

Microsoft brought subpoenas earlier this month after the Commission had rejected documents Microsoft attempted to introduce in to the case, ruling they were confidential.

In a harshly worded summary, Trumball said Microsoft had wrongly tried to cast the European Commission's directorate general for competition as an "adversary." Trumball said the court "presumes the neutrality" of both the directorate general for competition and of the European Commission.

She described Microsoft's subpoenas as constituting "an attempt to circumvent specific restrictions the European Commission has placed on Microsoft's right to obtain certain kinds of information."

Drawing a distinction between the "adversarial" US legal system and Europe's "inquisitional" system, the judge said: "As a matter of comity, this court is unwilling to order discovery when doing so will interfere with the European Commission's orderly handling of its own enforcement proceedings."®

Top 5 reasons to deploy VMware with Tegile

More from The Register

next story
BIG FAT Lies: Porky Pies about obesity
What really shortens lives? Reading this sort of crap in the papers
Assange™ slumps back on Ecuador's sofa after detention appeal binned
Swedish court rules there's 'great risk' WikiLeaker will dodge prosecution
You think the CLOUD's insecure? It's BETTER than UK.GOV's DATA CENTRES
We don't even know where some of them ARE – Maude
prev story

Whitepapers

Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
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.
Go beyond APM with real-time IT operations analytics
How IT operations teams can harness the wealth of wire data already flowing through their environment for real-time operational intelligence.
How to determine if cloud backup is right for your servers
Two key factors, technical feasibility and TCO economics, that backup and IT operations managers should consider when assessing cloud backup.
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?