MS/DOJ: Microsoft files appeal

The appeal came hours after US District Judge Thomas Penfield Jackson agreed with the US Department of Justice's contention that Microsoft was dragging its feet intentionally.

Jackson refused to grant Microsoft's request to stay other remedies -- restrictions on the company's business practices that would go into effect in 90 days -- until it appealed the case.

The appeal echoed recent comments from Microsoft chairman Bill Gates and president and CEO Steve Ballmer that Jackson's ruling and remedy will be overturned on appeal.

"Microsoft's appeal will present an overwhelming case for reversal of the judgment based on an array of serious substantive and procedural errors that infected virtually every aspect of the proceedings below," company officials stated in Microsoft's filing. "These flaws culminated in the entry of unprecedented relief that extends far beyond the case that was presented, without affording Microsoft an evidentiary hearing on the terms of one of the most complex antitrust decrees in history."

In particular, Microsoft claimed that:

Jackson "simply ignored" evidence offered by Microsoft as to why it integrated Internet Explorer into Windows or why it gave the browser away free of charge; The judge made "clearly erroneous" findings, such as Jackson's determination that Microsoft had blocked Netscape Communications from channels of distribution; and Jackson ignored the assertion by Lawrence Lessig, a Harvard University professor who Jackson initially named as special master in the case, that Microsoft won the right to integrate Internet Explorer with Windows via an Appeals Court ruling in 1998.

"Having been told by Professor Lessig that Microsoft must prevail under this (federal appeals) court's test for technological tying, the district court simply refused to apply that test," Microsoft officials claimed.

The Department of Justice is expected to request that the case be sent directly to the US Supreme Court.

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Bob Trott

PC World

Comments

Comments are now closed.

Most Popular Reviews

Follow Us

Best Deals on GoodGearGuide

Shopping.com

Latest News Articles

Resources

GGG Evaluation Team

Kathy Cassidy

STYLISTIC Q702

First impression on unpacking the Q702 test unit was the solid feel and clean, minimalist styling.

Anthony Grifoni

STYLISTIC Q572

For work use, Microsoft Word and Excel programs pre-installed on the device are adequate for preparing short documents.

Steph Mundell

LIFEBOOK UH574

The Fujitsu LifeBook UH574 allowed for great mobility without being obnoxiously heavy or clunky. Its twelve hours of battery life did not disappoint.

Andrew Mitsi

STYLISTIC Q702

The screen was particularly good. It is bright and visible from most angles, however heat is an issue, particularly around the Windows button on the front, and on the back where the battery housing is located.

Simon Harriott

STYLISTIC Q702

My first impression after unboxing the Q702 is that it is a nice looking unit. Styling is somewhat minimalist but very effective. The tablet part, once detached, has a nice weight, and no buttons or switches are located in awkward or intrusive positions.

Latest Jobs

Shopping.com

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?