Billy Wants a Quickie..............
Microsoft wants fast review
Company says delay would force
it to distribute flawed system
Microsoft, DOJ chronology
December 16, 1997: 8:20 p.m. ET
Microsoft appeals ruling - Dec. 15, 1997
Microsoft fires back - Nov. 11, 1997
Microsoft
U.S. Department of Justice
1994 Consent DecreeCNNfn Microsoft Special Report
NEW YORK (CNNfn) - Microsoft Corp. asked a federal appeals court Tuesday to consider lifting the temporary injunction that would stop the company from requiring computer makers to include Internet Explorer with its Windows 95 operating system.
Late last week, U.S. District Judge Thomas Penfield Jackson -- who is hearing the government's antitrust case against Microsoft -- issued the temporary injunction to give him more time to study the matter. However, he declined the government's request to hold Microsoft in contempt and impose a fine of $1 million a day on the software giant.
Microsoft contends that the judge's order would result in an inferior product. The company considers Internet Explorer 4.0 a vital component and says without it the operating system will not function as designed.
"The court should expedite its consideration of the district court's preliminary injunction in this high-profile matter to prevent injury not only to Microsoft -- but also to computer manufacturers, third-party software developers and the public generally -- from the forced distribution to computer manufacturers of fundamentally flawed or less than current versions of Windows 95 and from the uncertainty that the district court's order will engender concerning Windows 98."
In a press release, Microsoft said the district court's order requiring the company to license a version of Windows 95 that does not include Internet Explorer is "an unprecedented judicial intrusion into basic product design."
Microsoft said the preliminary injunction will irreparably harm the company, a number of third-party vendors and the public.
"Ordering Microsoft to permit computer manufacturers to ship Windows 95 without its Internet Explorer element, in fact dramatically changes the status quo in a way that will irreparably injure Microsoft and a number of third parties and thus warrants expedited consideration of this appeal," the company said.
The company also said code in the retail version of Internet Explorer 3.0, released in August 1996 but included in the court's injunction, is vital to the operation of Windows 95 and that without it, the system would not function.
"Microsoft's preliminary tests indicate that removing the code identified by the district court will result in a program that will not even start and will be deficient in a number of other critical ways."
The company said the ruling has damaged its business by leading to speculation that Windows 98, which is scheduled for release in the second quarter of next year, might have to be delayed. Microsoft said that speculation is unfounded
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Microsoft, DOJ chronology
Legal battle brews on between software giant, Justice Department
December 16, 1997: 8:02 p.m. ET
Microsoft
U.S. Justice Department
1994 Consent Decree
CNNfn Special Report: Microsoft
NEW YORK (CNNfn) - The following are key dates in the legal battle between Microsoft Corp. and the U.S. Justice Department.
DOJ seeks Microsoft fine - Oct. 20, 1997
NEW YORK - In its continuing battle with the world's largest software company, the U.S. Justice Department Monday asked a federal court to hold Microsoft Corp. in contempt for alleged anti-competitive behavior in the Internet browser market.
Microsoft faces EC probe - Oct. 21, 1997
NEW YORK - Microsoft Corp. may be fighting a battle on both sides of the Atlantic as the European Commission is conducting its own investigation of the software company's practices.
On Monday, the U.S. Justice Department charged Microsoft with ignoring an anti-competitive practices pact it reached with Justice in 1995.
Lawyer takes on Microsoft - Oct. 21, 1997
NEW YORK - The U.S. Department of Justice took a lot of people by surprise Monday when it announced it was seeking damages from Microsoft Corp. for what it termed "anti-competitive behavior."
U.S. hits Microsoft bullying - Oct. 22, 1997
NEW YORK - When Compaq tried to put Windows 95 on its PCs without Microsoft's web browser, Microsoft threatened to cripple the computer maker.
Microsoft fires back - Nov. 11, 1997
NEW YORK - Microsoft Corp. is accusing the Justice Department of using antitrust charges to hamper the development of the Windows operating system and is asking that the case be thrown out.
Justice refutes Microsoft - Nov. 20, 1997
NEW YORK - The Justice Department fired back at Microsoft Corp. Thursday, charging the software giant chose to integrate its web browser with Windows 95 in a desperate attempt to grab market share from rival Netscape Communications Corp.
Microsoft appeals ruling - Dec.15, 1997
NEW YORK - Microsoft Corp. Monday said it will appeal a federal judge's ruling that ordered the company to temporarily stop requiring computer makers to distribute its Internet browser with the Windows 95 operating system |
