Will Courts Shut Microsoft's Windows?

Baldwin Louie — Fri, 03 Aug 2001 15:00:00 -0700

At last, there's good reason to tune back in to coverage of the Microsoft trial. After suffering a shattering legal blow from an appeals court, Bill Gates could be forced to go before the Supreme Court and plead in person for the justices to protect the shipment of Windows XP!

Errr, sorry. That's the made-for-TV version. Here's what really happened: On Thursday the appeals court that found Microsoft guilty of antitrust violations refused to rehear the case. Though the court turned down a Justice Department request to speed up the proceedings, it cleared the way for the case to return this month to a lower court, which will decide penalties against the software company. Yes, those penalties could affect the release of Windows XP. No, the case is unlikely to involve the Supreme Court.

As the Washington Post bothered to point out (eventually), the Supremes accept only a very small percentage of the cases submitted for their review. And Microsoft hasn't even asked yet. But it also hasn't ruled out the possibility. That was enough to give most outlets - including the Post - an excuse to dangle the prospect of Supreme Court involvement.

More likely, as the Register's Thomas C. Greene suggested, Microsoft might use the possibility of appealing to the Supreme Court as a way to buy time from the appeals court. Every delay works in Microsoft's favor, especially as it nears the Oct. 25 release of Windows XP. The threat: If the DOJ can convince the district court that the company is up to its old tricks with XP, it might persuade the court to stop the product's release. At least that's what Baltimore legal professor Bob Lande told the AP.

But don't take his word for it. In the latest trial coverage, the expert of choice is Andy Gavil. Though the Howard University professor and antitrust authority made no controversial claims, he was quoted on various topics by reporters for USA Today, the Washington Post, the AP, the Seattle Times and the Seattle Post-Intelligencer. Jeez, talk about a monopoly.

Appeals Court Rebuffs Both Microsoft and the Government
TheStandard.com

Microsoft antitrust rehearing rejected
MSNBC.com

DoJ can't block WinXP launch
The Register

Microsoft Loses Rehearing Bid; Appeal Seen as Likely
Washington Post

No second look at Microsoft antitrust decision, court rules
Seattle Times

Microsoft Antitrust Case Heads Back to Trial Court
The Wall Street Journal
(Subscription required.)

Microsoft loses bid to review ruling
USA Today

Microsoft may be headed for remedies showdown
Seattle Post-Intelligencer

Court Again Rebuffs Microsoft on Bundling of Its Software
New York Times
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Will Courts Shut Microsoft's Windows?