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To: Phillip C. Lee who wrote (13545)	5/12/1998 10:16:00 PM
From: Richard Habib	Respond to of 213177

Apple demos 400 Mhz notebook and announces support for Altivec. news.com Rich

To: Phillip C. Lee who wrote (13545)	5/12/1998 10:27:00 PM
From: Richard Habib	Respond to of 213177

Appeals court rules injunction does not apply to Win 98 Appeals Ct./Microsoft -2: Govt Says Inquiry Continuing WASHINGTON (Dow Jones)--A federal appeals court late Tuesday said a preliminary injunction regarding Microsoft Corp.'s (MSFT) Windows 95 should not apply to Windows 98, which is set to be shipped to computer makers later this week. The court, in a two-page ruling, granted Microsoft's request for a stay of the Dec. 11 preliminary injunction as far as it relates to Windows 98. Microsoft has asked the appeals court to throw out the injunction, and a ruling in the broader matter is pending. In the injunction, U.S. District Judge Thomas Penfield Jackson barred Microsoft from forcing personal-computer makers to take its Internet Explorer software along with Windows 95 operating system "or any successor version." Microsoft last week asked the U.S. Court of Appeals for the District of Columbia to stay portions of the December order that could apply to Windows 98. "Whatever the United State's chances of winning permanent injunctive relief with respect to Windows 95 in the proceeding currently in the district court, they appear weak with respect to Windows 98," the three-judge appeals panel said in the ruling. "The United States presented no evidence suggesting that Windows 98 was not an 'integrated product' and thus exempt from the prohibitions" in a 1995 antitrust settlement. As reported, the government is considering a broader antitrust case against the Redmond, Wash., software maker. Such a case could be filed as early as this week. "The court order addresses a narrow aspect of the consent decree," a Justice Department spokeswoman said. "Our investigation is ongoing." The current case revolves around a 1995 consent decree that prohibited Microsoft from tying the sale of some of its software products with its Windows operating system software. The government contends that Microsoft is violating the decree by bundling its Internet Explorer Web browser with Windows. But the pact doesn't cover products deemed to be an integral part of Windows. Microsoft says its Internet Explorer Web browser is one such integrated product not barred by the decree. -By Scott Ritter; 202 862-6687. "Dow Jones News Service" "Copyright(c) 1998, Dow Jones & Company, Inc."