MS appeals brief blasts break-up ruling

Calling the entire proceeding "infected with error," the company argued in the brief that because of a variety of factual, legal and procedural errors, the ruling should be reversed. Microsoft said that the ruling would harm, rather than encourage innovation.

"Revealing a profound misunderstanding of the antitrust laws, the district court condemned Microsoft's competitive response to the phenomenal growth of the Internet and the emergence of Netscape as a platform competitor," Microsoft argued. "Far from violating the antitrust laws, Microsoft's conduct was procompetitive, producing enormous consumer benefits."

The brief's attack spread across a broad legal canvas. It asserted that Jackson's speaking tour after the trial, "together with his improper handling of the litigation" coloured public perception of the case, "undermin[ing] all confidence in the integrity of the proceedings."

In the brief, Microsoft claims that Windows and Internet Explorer are not separate products "because there are significant benefits to the integrated design of Windows that cannot be duplicated by combining an operating system with a stand-alone Web browser like Navigator."

The appeals court ordered Microsoft to present its brief -- not to exceed 150 pages -- on November 27. It subsequently ordered a 25-page joint "friend of the court" brief from the Association for Competitive Technology and the Computing Technology Industry Association also to be presented Monday, along with a joint brief from the Association for Objective Law and the Centre for the Moral Defense of Capitalism.

The court scheduled the US government to file its reply 12 January, 2001.

Jackson ruled on 7 June that Microsoft had used its dominance in operating systems to quash competition. Adopting the proposal of US Department of Justice prosecutors, he ruled Microsoft must be broken up into two separate companies.

One company would own the Windows operating system -- subject to conduct restrictions -- while the other would own applications, including the Microsoft Office suite of software applications and the Internet Explorer Web browser. Jackson's final judgment stayed the breakup until the end of the appeals process.

Microsoft's brief asserts that "the district court's so-called 'conduct' remedies -- particularly the forced disclosure of Microsoft's intellectual property and regulation of Microsoft's operating system design -- are punitive and excessive in relation to the asserted antitrust violations, and these remedies will harm, rather than benefit, consumers."

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.
Show Comments

Cool Tech

Toys for Boys

Family Friendly

Stocking Stuffer

SmartLens - Clip on Phone Camera Lens Set of 3

Learn more >

Christmas Gift Guide

Click for more ›

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Aysha Strobbe

Microsoft Office 365/HP Spectre x360

Microsoft Office continues to make a student’s life that little bit easier by offering reliable, easy to use, time-saving functionality, while continuing to develop new features that further enhance what is already a formidable collection of applications

Michael Hargreaves

Microsoft Office 365/Dell XPS 15 2-in-1

I’d recommend a Dell XPS 15 2-in-1 and the new Windows 10 to anyone who needs to get serious work done (before you kick back on your couch with your favourite Netflix show.)

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.

Featured Content

Product Launch Showcase

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?