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Re: Microsoft's Reponse
It is interesting to compare this Microsoft response to the quotes
John N. Bryan provided from Judge Jackson's ruling. (See his
posting on Thursday) Among other things, the judge said
the government "appears to have a substantial chance of success".
Keep in mind that this is one of many possible actions the DOJ
could, and should, bring against Microsoft. There is at least one other
brief on file at the DOJ that has simply been ignored.
Dale Williams wrote:
> Un-deterred - the Microsoft publicity machine rolls on and reading this side
> of the story - it would certainly seem as if nothing happened.
> -- from ms web site
> Microsoft Responds to Courts Preliminary Decision
> December 11, 1997
> Microsoft said today it is gratified that Judge Jackson denied the Justice
> Departments petition for an order holding the company in contempt of court
> for allegedly violating the consent decree. The Court has agreed with
> Microsoft that discovery and further proceedings are necessary before any
> final decision can be issued. The Court ruled that any decision at this time
> on whether Microsoft is violating the consent decree would be "premature."
> Pending further proceedings, the Court issued a preliminary injunction
> concerning the licensing of Windows 95 to computer manufacturers. It allows
> Microsoft to continue to offer to OEMs the full Windows 95 product, which
> includes Internet Explorer, so long as the OEM has the option of installing
> that portion of Windows 95 that does not include IE 3.0 or 4.0 files.
> "This is a preliminary decision. The Court agrees that more fact finding is
> necessary and there is now a process for moving forward on this matter,"
> said William H. Neukom, Senior Vice President for Law and Corporate Affairs.
> "We are looking forward to the opportunity to provide further evidence and
> legal analysis, and we are confident that at the end of the full process we
> will prevail. We remain confident that continuing to innovate and integrate
> technologies is good for the software industry and good for consumers," said
> The Court also denied those portions of the Justice Departments petition
> that concerned non-disclosure agreements between Microsoft and companies
> with which Microsoft does business.
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> Dale Williams
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