Judge cuts off two appeals

The judge in the U.S. government's antitrust case against Microsoft has ruled that two attempts to appeal the case, including one from a consumer group, cannot move forward.

U.S. District Judge Colleen Kollar-Kotelly on Friday denied two motions to intervene for purposes of appeal, one from Consumers for Computing Choice (CCC), and the other from Robert E. Litan, vice president and director of the Economic Studies Program at the Brookings Institution, a liberal Washington think tank.

CCC filed the motion in December arguing that the proposed settlement between Microsoft, the U.S. Department of Justice and several states would harm consumers. CCC had argued that the settlement didn't go far enough in opening Microsoft source code to outside developers.

But Kollar-Kotelly, from the U.S. District Court for the District of Columbia, ruled that CCC does not have enough of a "personal stake" in the outcome of the case to warrant an appeal. A "generalized grievance shared in substantially equal measure by all or a large class of citizens" is not enough of a legal standing to appeal a federal antitrust case, she wrote.

CCC also "failed to demonstrate that its interests were not adequately represented by the parties," the judge added in her opinion. The judge used the same arguments in denying Litan his chance to appeal.

Neither Litan nor James Turner, a consumer interest lawyer who heads the CCC, was available for comment Monday morning.

The antitrust settlement, which Kollar-Kotelly approved in November, prohibits Microsoft from retaliating against computer makers or independent software makers that consider "developing, distributing, promoting, using, selling or licensing any software that competes with Microsoft Platform Software or any product or service that distributes or promotes any Non-Microsoft Middleware."

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Grant Gross

IDG News Service
Show Comments

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Maryellen Rose George

Brother PT-P750W

It’s useful for office tasks as well as pragmatic labelling of equipment and storage – just don’t get too excited and label everything in sight!

Cathy Giles

Brother MFC-L8900CDW

The Brother MFC-L8900CDW is an absolute stand out. I struggle to fault it.

Luke Hill

MSI GT75 TITAN

I need power and lots of it. As a Front End Web developer anything less just won’t cut it which is why the MSI GT75 is an outstanding laptop for me. It’s a sleek and futuristic looking, high quality, beast that has a touch of sci-fi flare about it.

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Laura Johnston

MSI GS65 Stealth Thin

If you can afford the price tag, it is well worth the money. It out performs any other laptop I have tried for gaming, and the transportable design and incredible display also make it ideal for work.

Andrew Teoh

Brother MFC-L9570CDW Multifunction Printer

Touch screen visibility and operation was great and easy to navigate. Each menu and sub-menu was in an understandable order and category

Featured Content

Product Launch Showcase

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?