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To: Reginald Middleton who wrote (14845)12/12/1997 8:59:00 AM
From: denni  Respond to of 24154
 
Microsoft Responds to Court's Preliminary Decision

microsoft.com

Microsoft said today it is gratified that Judge Jackson denied the Justice Department's 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 Neukom.

The Court also denied those portions of the Justice Department's petition that concerned non-disclosure agreements between Microsoft and companies with which Microsoft does business.