Page Two

By Caron Carlson  |  Posted 2002-11-04 Print this article Print

: Ripples of the Microsoft Ruling"> "I think she is inviting them to file a new lawsuit," Hawker said. "I think she believes that Microsoft needs to be reined in. I think the judge believes that she was holding out a carrot to these attorneys general and private parties to file new lawsuits, but in reality theyre just not likely to do so." Kollar-Kotelly reserved for herself the authority to act on her own to enforce the settlement even if the Justice Department doesnt enforce compliance. "The fact that the judge specifically retained or clarified her right to issue orders from the bench could signal that shes saying to Microsoft, look, if I hear complaints, Im going to do something about them," said Mark Ostrau. "Because Microsoft is so central to the computer industry and the nature of the computer industry is one that requires interoperability, Microsoft over time is going to have one potential chokehold or another. Its just a question of whether they squeeze too hard."
Although industry observers largely agree that it will be difficult for private parties or states to pursue new complaints against Microsoft given its victory in the landmark federal case, they also agree that the companys days in court are far from over.
"Make no mistake, this isnt the last case that Microsoft is involved in," Ostrau said. "In some ways the case has provided a roadmap for plaintiffs to fit their claims and evidence to theories that were upheld and to avoid the approaches that didnt work."


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