To: freeus who wrote (7034 ) 5/13/1998 1:39:00 PM From: Maverick Respond to of 74651
MICROSOFT CORP. (MSFT) 85 11/16 CLOSED. Look out Microsoft detractors. Shares of software company caught a break last night when a three judge Appeals court ruled in its favor regarding a stay of the preliminary injunction issued by a Federal District Court Judge last December. In the December 11 injunction, judge Thomas Penfield Jackson ruled that Microsoft had violated the 1995 consent decree that was designed to further competition in the operating systems arena with regards to Windows 95. According to judge Jackson, he ruled that the injunction applied to any successor operating system as well. However, the Appeals court reversed this interpretation and said that the prior government suit did not apply to Windows 98. This clears the way for the shipment of Windows 98 which is scheduled for this Friday. Prior to this ruling, the shipment of Windows 98 was questionable. The latest ruling does not affect the core government case against Microsoft which claims that MSFT had violated the consent decree by bundling the browser with its operating system. It also does not affect separate actions being pursued by the government and more than 13 states, but it does allow Microsoft to start shipping its Windows 98 operating system. This is a small victory for MSFT, but a welcome one, given the negative press the company has received regarding its market share dominance and its intent on squashing competition. This is also a positive for box makers and companies that depend on the new operating system being released on time. While consumers will not have a chance to buy Windows 98 until June 25, the clearing of this first legal hurdle should help MSFT stock this morning. Nonetheless, a slew of other suits are expected to be filed soon, which will again turn the market focus to legal issues, but so far, indications are that Microsoft continues to churn out the profits, despite the legal side shows. By Briefing.com