MS Other Legal Battles

 
 
By Darryl K. Taft  |  Posted 2003-03-31 Email Print this article Print
 
 
 
 
 
 
 


In other moves, Motz denied Microsofts requests to dismiss antitrust cases filed by Be Inc. and Burst.com, saying he believed the claims warrant further discovery and are sufficient to go forward. Meanwhile, despite the appeal, Microsoft is fueled by rulings in the landmark government case against it, where U.S. District Judge Colleen Kollar-Kotelly did not accept recommendations that Microsoft should be forced to distribute Suns technology.
Early in his hearing, Motz said he was "surprised by the vehemence" with which Kollar-Kotelly had struck down a similar request to include Java with Windows. Kollar-Kotelly rejected that remedy, which was proposed by the U.S. Department of Justice and nine state attorneys general, as part of her November ruling on remedies in the federal antitrust case against Microsoft.
But last week, the Federal Court of Appeals for the District of Columbia agreed to hear the appeal of two prominent industry associations that were seeking to join the states of Massachusetts and West Virginia in appealing the settlement between Microsoft and the Department of Justice. Ed Black, president and CEO of the Washington-based Computer & Communications Industry Association, said the appellate court Thursday announced that it would hear the case of the CCIA and the Washington-based Software and Information Industry Association, who had initially combined to ask Kollar-Kotelly for the opportunity to appeal the settlement. Kollar-Kotelly, who presided over the case of non-settling states that were seeking more stringent penalties for Microsofts antitrust violations, denied their request to appeal. The bulk of those non-settling states later settled after months of hearings, with West Virginia and Massachusetts opting to appeal the settlement decision. The D.C. Court of Appeals also said it will consider hearing the CCIA/SIIA appeal "en banc," or with all members of the court present. The last time the court met en banc in a Microsoft-related issue was when Microsoft appealed U.S. District Judge Thomas Penfield Jacksons ruling to break Microsoft in two. The court overturned that ruling, scolded Jackson and remanded the case to Kollar-Kotelly. Meanwhile, the appellate court said it will hear the West Virginia/Massachusetts appeal en banc as well, and will schedule the CCIA/SIIA appeal for the same days.
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Darryl K. Taft covers the development tools and developer-related issues beat from his office in Baltimore. He has more than 10 years of experience in the business and is always looking for the next scoop. Taft is a member of the Association for Computing Machinery (ACM) and was named 'one of the most active middleware reporters in the world' by The Middleware Co. He also has his own card in the 'Who's Who in Enterprise Java' deck.
 
 
 
 
 
 
 

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