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

Tom Pope

Dynabook Portégé X30L-G

Ultimately this laptop has achieved everything I would hope for in a laptop for work, while fitting that into a form factor and weight that is remarkable.

Tom Sellers

MSI P65

This smart laptop was enjoyable to use and great to work on – creating content was super simple.

Lolita Wang

MSI GT76

It really doesn’t get more “gaming laptop” than this.

Jack Jeffries

MSI GS75

As the Maserati or BMW of laptops, it would fit perfectly in the hands of a professional needing firepower under the hood, sophistication and class on the surface, and gaming prowess (sports mode if you will) in between.

Taylor Carr

MSI PS63

The MSI PS63 is an amazing laptop and I would definitely consider buying one in the future.

Christopher Low

Brother RJ-4230B

This small mobile printer is exactly what I need for invoicing and other jobs such as sending fellow tradesman details or step-by-step instructions that I can easily print off from my phone or the Web.

Featured Content

Product Launch Showcase

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?