MS/DOJ - UPDATE: Govt makes minor changes in remedy plan

The government contends in a court document filed yesterday that Microsoft's arguments in its latest brief, filed last week, went beyond the scope of what the US Department of Justice (DOJ) and state attorneys general are calling for in the remedies phase of the historic antitrust case against the software maker.

Microsoft also addressed issues that already have been argued in previous court proceedings and documents, the DOJ and 17 state attorneys general argued in their brief yesterday, which is expected to be their last in the remedies phase of the case.

Yesterday's 27-page document, which includes various attachments, also delves into semantics, with the plaintiffs agreeing with a Microsoft request to call the proposed breakup of the company a "divestiture" rather than a "reorganisation".

US District Court Judge Thomas Penfield Jackson gave the plaintiffs until yesterday morning to file additional comments on the most recent brief from the software maker. Microsoft has until Wednesday to respond to the government brief.

The DOJ and 17 of 19 state attorneys general who filed suit against Microsoft have recommended that Jackson order the company be split in two, with one entity focused on operating systems and another on other software applications. Microsoft vehemently opposes that plan, though it has said it will agree to behavioural remedies. Two state attorneys general have recommended only behavioural remedies, which are aimed at stopping Microsoft's anticompetitive behaviour.

Judge Jackson has ruled that Microsoft is a monopoly and illegally used its monopoly power in the operating systems market in an attempt to squelch competition and to make inroads into other markets, notably internet browser software.

He is expected to issue his final ruling, which will set forth the remedies he wants imposed on Microsoft, perhaps as soon as this week. Jackson is widely viewed as already having made his decision"He seems to me like a man who is desperately trying to catch a train," Bill Kovacic, a law professor at George Washington University, said of Jackson and the speed with which he is pushing along the remedy phase.

Kovacic expects that the government brief filed yesterday will wind up being the final remedy ruling from Jackson. He predicted that Jackson will "take the government's revised order and sign it".

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?