To: cheryl williamson who wrote (3974 ) 11/11/1997 12:55:00 PM From: vinod Khurana Respond to of 74651
Microsoft asks judge to throw out antitrust suit November 11, 1997 Web posted at: 12:00 p.m. EST (1700 GMT) WASHINGTON (AP) -- Arguing the government is objecting to a practice it has known about for years, Microsoft Corp. has asked a federal judge to dismiss a suit accusing the computer giant of trying to corner the market on Internet browsers. In a response to the Justice Department suit, Microsoft lawyers argued that the government has known since before Windows 95 went on the market that the company intended to include Internet software as a component of the computer operating system. The company's response was filed on Monday night in the federal court here. "As the DOJ (Department of Justice) knows, the technologies in question have been a central thrust of Microsoft's operating systems development efforts for more than three years," wrote lawyers for the Redmond, Washington, company. Microsoft said its browser tie-ins were permitted under a 1995 court order that settled government challenges to Microsoft's licensing of its products to computer makers. "Even a casual reading of the (court order) makes it abundantly clear that Microsoft retains unfettered freedom to create integrated products," the lawyers said. The government last month filed a lawsuit objecting to Microsoft's requirement that personal computer manufacturers that install the Windows 95 operating system on their products also license and install its Internet browser, known as Internet Explorer. The Windows operating system is used on more than 80 percent of the nation's personal computers and an even higher percentage of new computers, usually installed at the factory. But rival Netscape markets the leading Internet browser, Navigator, which has 62 percent of that market. Browsers enable computer owners to easily locate and retrieve information on the Internet.