Mass.: Microsoft Still Deceiving
Massachusetts claims Microsoft continues to deceive ISVs, and the company needs tougher penalties.Evidently unfazed by being the sole state still battling Microsoft Corp. on the antitrust front, Massachusetts insisted Wednesday that the software maker is getting off too easy when it comes to bundling middleware with the operating system and when it comes to being punished for trying to thwart Java distribution. Massachusetts filed a brief with the U.S. Court of Appeals for the District of Columbia Wednesday arguing that the remedy approved last November does not stop Microsoft from continuing some conduct found to be illegal, and it does not deprive the company of benefits gained through the illegal conduct. According to Massachusetts, the Redmond, Wash., software maker continues to deceive independent software vendors today, as it was found to have deceived ISVs when it came to deploying Java. "Microsofts deception of software developers is ongoing conduct that must be terminated," the Bay State told the court.
Massachusetts also charged that the remedy does not stop Microsoft from thwarting competition through deals with OEMs that might cause them to favor Microsoft middleware. The remedy settlement agreed to by the Department of Justice (and, eventually, all litigating states except Massachusetts) bans Microsoft from discriminating against OEMs, but it does not prevent the company from offering financial rewardsor "market development programs" (MDPs)on a non-discriminatory basis.