Analysis: The Microsoft anticlimax

Daily Newsletters

Sign up to ZDNet UK's daily newsletter.

NEWS
After nearly two years of legal wrangling, Judge Thomas Penfield Jackson's decision to throw the book at Microsoft rates as something of an anticlimax. Microsoft had braced for the worst ever since Jackson issued a stinging rebuke last November, ruling in the so-called "findings of fact" stage of the trial that the software maker was a predatory monopolist that stifled competition. And as they have all throughout the course of this landmark dispute, lawyers for both sides viewed Jackson's opinion through a Rashoman-like prism where Microsoft and the government continued to offer widely divergent interpretations of the same evidence. Gleeful Justice Department and state officials seized upon the conclusions of law as vindication, calling it a benchmark victory in the history of antitrust enforcement. Flanked by Attorney General Janet Reno and Iowa Attorney General Tom Miller, the DOJ's antitrust chief Joel Klein said in a Washington press conference the decision would "benefit consumers and stimulate competition and innovation in the high tech industry." But clear across the country at the company's Redmond headquarters, Microsoft took a distinctly different view. Officials viewed Jackson's 43-page conclusion as just another skirmish in a long-running battle that began when the government originally filed its lawsuit in May 1998. The company, which plans to appeal against the ruling, also pointed out that Jackson dismissed government allegations that Microsoft had closed off Netscape's ability to distribute its Internet browser. Indeed, Jackson noted that Netscape was able to distribute about 160 million copies of its Navigator browser software. That appeal means this case could drag on for months, if not years, before a final determination. Although Microsoft and the government theoretically still have room to reach an out-of-court resolution, the breakdown of settlement talks late last week underscored the difficulty in bridging the gap between the two sides. On Saturday, court-appointed mediator Judge Richard Posner said in a prepared statement that his "quest has proved fruitless." Judge Posner, who first convened his meetings with Microsoft and the government on November 30, said "it is apparent that the disagreements among the parties concerning the likely course, outcome and consequences of continued litigation, as well as the implications and ramifications of alternative terms of settlement, are too deep-seated to be bridged." Although the immediate impact on Microsoft is likely to be limited, the company is going to have its hands full dealing with the public relations fallout. Indeed, company CEO Steve Ballmer said that in coming weeks he plans to explain the company's position to its customers. This is not a road trip he's likely looking forward to making. Microsoft has now been found by a court to have maintained its monopoly by anti-competitive means, violating antitrust law by unlawfully tying its Internet Explorer Web browser to the Windows operating system. Peppering his 43-page ruling with lively adjectives to describe Microsoft's behavior, Jackson said Microsoft had pursued a coordinated course of action that, when viewed in its totality, revealed the "full extent of the violence that Microsoft has done to the competitive process." Elsewhere, Jackson said Microsoft had "mounted a deliberate assault upon entrepreneurial efforts" and had "placed an oppressive thumb on the scale of competitive fortune." The penalty phase of the case comes next. But in his ruling, Jackson kept trial watchers guessing by leaving no hint about remedies he may decide to impose upon Microsoft. That process is expected to take several months to complete in which both sides will submit what they believe the remedies should be, ranging from a slap on the wrist to a breakup of the company. What do you think? Tell the Mailroom. And read what others have said. Take me back to the Microsoft verdict roundup

Post your comment

In order to post a comment you need to be registered and logged in.

You can also log in with Facebook. Log in or create your ZDNet UK account below

  • Login

Will not be displayed with your comment

By signing up for this service, you indicate that you agree to our Terms and Conditions and have read and understood our Privacy Policy. Questions about membership? Find the answers in the Community FAQ

Get ZDNet UK's daily newsletter

Enter your email address to sign up

ZDNet UK Live

JCB33

How dare film makers, artists or anybody that invests in creativity stop us pirating their works for free. I want to be able to walk into my local...

5 hours ago by JCB33 on ACTA stumbles in Germany
Moley

@GrueMaster. I prefer horses for courses rather than one size fits all. I, and I suspect most other computer users, do not really wish to have...

7 hours ago by Moley on A tale of two distros: Ubuntu and Linux Mint
greycynic

The product that scares me every time I have to use it is the Office 2007 version of Excel. The first bug that I found was applying the median...

7 hours ago by greycynic on Ten flawed products that derail productivity
GrueMaster

Nice review and very informative. One thing I'd like to add (in reply to whs001's 1st question), the main reason to have the same interface from...

8 hours ago by GrueMaster on A tale of two distros: Ubuntu and Linux Mint
Frederick Wrigley

I'be been using Mint 12 since the RC came out, and I am far more happy with the Cinnamon, the Mate, and, yes (with extensions), theGnome 3...

9 hours ago by Frederick Wrigley via Facebook on A tale of two distros: Ubuntu and Linux Mint
bdantas

Excellent article. One small correction, though--although a fresh installation of Linux Mint 12 will, indeed, provide the user with a version of...

10 hours ago by bdantas on A tale of two distros: Ubuntu and Linux Mint
Alan Ralph

In related news, the ISPs club together to get the members of the Home Affairs Select Committee (ya goofed on that part, ZDNet UK) copies of "The...

10 hours ago by Alan Ralph via Facebook on MPs urge ISPs to take down terrorist material
Alan Ralph

In related news, the ISPs club together to get the members of the Home Affairs Select Committee (ya goofed on that part, ZDNet UK) copies of "The...

10 hours ago by Alan Ralph via Facebook on MPs urge ISPs to take down terrorist material
Moley

For Gnome 2 die-hards, it is possible to add icons to the bottom panel (or top top panel, if you prefer) which provide the exact Gnome 2...

11 hours ago by Moley on A tale of two distros: Ubuntu and Linux Mint
ramwellian

Your comments would seem pretty naive and immature. Your 'solution' appears to be, "gee, let's all just give in to the hackers and give them...

11 hours ago by ramwellian on Cloud computing security: no more oxymoron?
BugStalker

"Interesting thought ... If you installed Win7 as a dual boot on a machine that previously only had Linux, and it wrecked your Linux installation,...

12 hours ago by BugStalker on Windows 7 Declares War on GRUB
whs001

This is an excellent summary of Ubuntu and Mint and the interface differences between them. Most such articles take a very partisan position for...

12 hours ago by whs001 on A tale of two distros: Ubuntu and Linux Mint
Moley

@ewallace. Not so clear. Anyone can obtain the text, for example from here http://www.ustr.gov/webfm_send/2379. I support ACTA so long as it and...

12 hours ago by Moley on ACTA: Facts, misconceptions and questions
45283

I think WinRT is fantastic. I just wish it was an option for people that didn't want to go through Microsoft's App Store with its attendant...

15 hours ago by 45283 on Why Windows 8 needs architectural hygiene for WOA
Burn-IT

Nine people? £30m? Who's back pocket is that lot going in? And IF they say it is for new buildings, what about all the ones the government has...

16 hours ago by Burn-IT on Police set to launch three £30m e-crime hubs
ewallace

Just to be clear, nobody knows what is in the text of ACTA, here is a photograph of the text of ACTA http://twitpic.com/8h9iju as submitted to the...

16 hours ago by ewallace on ACTA: Facts, misconceptions and questions
fgvrg56

Unfortunately main issue is that ASUS is refusing to accept that they make some mistake on this version of asus Transformer prime. 1 - GPS sensor...

17 hours ago by fgvrg56 on Asus Eee Pad Transformer Prime Wi-Fi & GPS problems?
Ben Woods

@Marcus A fair question. Just talked with Archos which said it was working on an announcement for next week....

18 hours ago by Ben Woods on Archos confirms G9 Ice Cream Sandwich update schedule
Marcus Karlsson

Any update on this, considering the claimed "first week of February"?

20 hours ago by Marcus Karlsson via Facebook on Archos confirms G9 Ice Cream Sandwich update schedule
apexwm

Bill Goodrich : Just as al_langevin pointed out, with Windows Server 2008 there is no Services for Macintosh anymore. It's gone, not available....

1 day ago by apexwm on Windows Server 2008 drops the ball for Mac compatibility