From: Declan McCullagh <declan@well.com>
To: cypherpunks@toad.com
Message Hash: ca6d5627034300402166dc828cf04c00ec5ab5baf764add740156a7a7d9c6ff2
Message ID: <Pine.GSO.3.95.971205153733.23875G-100000@well.com>
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UTC Datetime: 1997-12-05 23:50:50 UTC
Raw Date: Sat, 6 Dec 1997 07:50:50 +0800
From: Declan McCullagh <declan@well.com>
Date: Sat, 6 Dec 1997 07:50:50 +0800
To: cypherpunks@toad.com
Subject: Microsoft and DoJ attorneys battle in Federal court today
Message-ID: <Pine.GSO.3.95.971205153733.23875G-100000@well.com>
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Microsoft vs. DOJ Update
Microsoft finally had its day (or at least two hours) in court this
afternoon. Its team of lawyers tried to fend off accusations that
Microsoft unfairly used its operating system's popularity to
force-feed Internet Explorer to computer makers. Federal judge Thomas
Penfield Jackson zeroed in on whether or not the browser is, in fact,
part of Windows 95. "Are you not selling Windows 95 and Internet
Explorer separately?" he asked. Not to computer manufacturers,
carefully replied Microsoft's attorney, who said that the evidence
proves the two products "obviously are" integrated. (For the judge to
rule that Microsoft is violating a 1995 agreement, Justice Department
lawyers first have to convince him that Internet Explorer and Windows
95 are two seperate products, which they tried to do today by waving
around a shrinkwrapped copy of Internet Explorer 4.0.) The hearing in
Washington, D.C., federal district court highlighted two wildly
different views: Microsoft claims the Justice Department is picking a
fight where none really should exist. But the government's antitrust
lawyers said today they're fighting to stop the world's largest
software company from "misusing its Windows power" to squash its
competitors. Both sides are going to have to wait a while: Judge
Jackson left the courtroom today without ruling on the case. --By
Declan McCullagh/Washington
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