Gates Pledges Victory on Appeal

"I'm reminded of the old saying that today is the first day of the rest of your life" Gates said, speaking at a press conference at the company's Seattle, Washington headquarters this afternoon. "I believe today is the first day of the rest of this case," Microsoft will appeal Judge Thomas Penfield Jackson's order in the next day or two, and will also seek a stay -- or delay -- in the implementation of the order pending the conclusion of the appeals process, Microsoft officials said.

In a speech that recalled the company's 25-year history, Gates repeated an assertion he has made throughout the case, that Microsoft has benefited consumers by helping to make PCs accessible to millions, and has stimulated competition in the software industry -- not crushed it, as Judge Jackson has concluded.

"We're confident that the courts will overturn what's happened at the district level, and as the legal team works to overturn this, we're going to focus our energy on building great software for our customers," Gates said.

Microsoft has several reasons to be confident that its appeal will be successful, he said.

Today's ruling is "inconsistent" with a 1998 appeals court decision which said that Judge Jackson had misinterpreted Microsoft's bundling of its Internet browser software with its Windows operating system, Gates said. The issue of whether Microsoft illegally "tied" its Internet Explorer software to Windows has been a central component of the government's case.

In addition, the decision to break up Microsoft was made too hastily, and didn't provide Microsoft with an adequate opportunity to submit arguments against the order, Gates said. The court's decision also sets a new and unnerving precedent of government intervention in the software market, he said.

"We have strong legal, factual and procedural arguments," Gates said.

In his order released earlier today, Judge Jackson criticized Microsoft for its suggestion that the breakup proposal submitted by the U.S. Department of Justice (DOJ) took the vendor by surprise.

"From the inception of this case Microsoft knew, from well-established Supreme Court precedents dating from the beginning of the last century, that a mandated divestiture was a possibility, if not a probability, in the event of an adverse result at trial," Jackson wrote in today's order.

A copy of Jackson's order can be found on the U.S. District Court for the District of Columbia's Web site at http://usvms.gpo.gov/.

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.

James Niccolai

PC World
Show Comments

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

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

Louise Coady

Brother MFC-L9570CDW Multifunction Printer

The printer was convenient, produced clear and vibrant images and was very easy to use

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Walid Mikhael

Brother QL-820NWB Professional Label Printer

It’s easy to set up, it’s compact and quiet when printing and to top if off, the print quality is excellent. This is hands down the best printer I’ve used for printing labels.

Ben Ramsden

Sharp PN-40TC1 Huddle Board

Brainstorming, innovation, problem solving, and negotiation have all become much more productive and valuable if people can easily collaborate in real time with minimal friction.

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Featured Content

Product Launch Showcase

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?