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.

Join the PC World newsletter!

Error: Please check your email address.

Our Back to Business guide highlights the best products for you to boost your productivity at home, on the road, at the office, or in the classroom.

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

Bob Trott

PC World
Show Comments

Most Popular Reviews

Latest News Articles

Resources

PCW Evaluation Team

Azadeh Williams

HP OfficeJet Pro 8730

A smarter way to print for busy small business owners, combining speedy printing with scanning and copying, making it easier to produce high quality documents and images at a touch of a button.

Andrew Grant

HP OfficeJet Pro 8730

I've had a multifunction printer in the office going on 10 years now. It was a neat bit of kit back in the day -- print, copy, scan, fax -- when printing over WiFi felt a bit like magic. It’s seen better days though and an upgrade’s well overdue. This HP OfficeJet Pro 8730 looks like it ticks all the same boxes: print, copy, scan, and fax. (Really? Does anyone fax anything any more? I guess it's good to know the facility’s there, just in case.) Printing over WiFi is more-or- less standard these days.

Ed Dawson

HP OfficeJet Pro 8730

As a freelance writer who is always on the go, I like my technology to be both efficient and effective so I can do my job well. The HP OfficeJet Pro 8730 Inkjet Printer ticks all the boxes in terms of form factor, performance and user interface.

Michael Hargreaves

Windows 10 for Business / Dell XPS 13

I’d happily recommend this touchscreen laptop and Windows 10 as a great way to get serious work done at a desk or on the road.

Aysha Strobbe

Windows 10 / HP Spectre x360

Ultimately, I think the Windows 10 environment is excellent for me as it caters for so many different uses. The inclusion of the Xbox app is also great for when you need some downtime too!

Mark Escubio

Windows 10 / Lenovo Yoga 910

For me, the Xbox Play Anywhere is a great new feature as it allows you to play your current Xbox games with higher resolutions and better graphics without forking out extra cash for another copy. Although available titles are still scarce, but I’m sure it will grow in time.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?