Microsoft ruling to come today

Daily Newsletters

Sign up to ZDNet UK's daily newsletter.

NEWS
Judge Thomas Penfield Jackson is ready to issue his final ruling in Microsoft's historic antitrust case, court officials said Wednesday. The final decision, which is expected to include an order that the software giant be broken in two, will be released at 3pm ET (8pm GMT). Microsoft has said it will appeal the ruling: "The court will issue its memorandum and order and final judgement," the court said in an announcement. "Copies of the decision will be made available to the public, in both electronic and paper form, beginning at 3pm." At a Business Software Alliance CEO summit in Washington DC on Wednesday, where Microsoft chairman Bill Gates was supposed to be one of the panelists, BSA president and CEO Robert Holleyman told attendees that Gates had flown back to Redmond Tuesday night to "be with his employees" in the event of a ruling in the DoJ case. Eric Schmidt, chairman and CEO of networking giant Novell, told BSA attendees that "it's very early to speculate on what is going to be a very long and drawn out process." Microsoft shares were down $1($0.66) in early trading to around $67. The ruling comes a day after Microsoft submitted a brief criticising the government for making only "cosmetic" changes to a breakup proposal it says is full of flaws. In a harshly worded document, Microsoft called the government's position "extreme" and warned Jackson that the proposal would force the company to redesign its operating system and may cause employees to quit. Microsoft had one last chance to make changes to a government proposal to split the software giant into an operating system company and a separate applications company. At a hearing two weeks ago, Jackson invited the US Department of Justice and 17 state attorneys general to submit their breakup proposal to him in final form. In the weeks that followed, he's given each side two chances to propose edits to the document. In the final filing of that paper battle, Microsoft attorneys complained Tuesday that the government ignored many of the changes they proposed -- a move they said could hurt both the company and others in the industry. "Such flaws should be corrected even if one accepts -- which Microsoft decidedly does not, for reasons stated previously -- that relief of the sort requested by the government is either necessary or appropriate in this case," said the document, which was filed a day before the Wednesday deadline. In its filing, Microsoft called the government's most recent proposal "so vague and ambiguous as to be unintelligible." "In fact, the government's reply to Microsoft's comments makes the government's revised proposed final judgement worse than Microsoft initially thought," company attorneys wrote. The company said the provisions would force Microsoft to redesign its operating system and open up its source code. What's more, the company said the proposal may force employees out the door because Microsoft workers, "may of whom are engineers accustomed to precision in the ascertainment of objectively verifiable facts," wouldn't be able to understand the new rules. Predictably, the DoJ downplayed the Microsoft document. "The filing rehashes Microsoft’s old arguments, ignores existing violations found by the court, denies the need for serious relief and grossly distorts our [proposal]," DoJ spokeswoman Gina Talamona said. Nevertheless, she said, government attorneys would not ask Jackson for another chance to file a response -- as they did the last time Microsoft filed. Last week Jackson granted the government’s request for another round of filings, delaying his final decision in the case by at least a week. Many legal experts say Jackson's request for the DoJ's breakup proposal at the hearing indicates he favors splitting the company into at least two parts. Jackson already has ruled Microsoft a monopoly that used its dominance to illegally move into other markets. Microsoft has vowed to appeal, and any decision by Jackson probably would be set aside until that process is finished. Margaret Kane, Mary Jo Foley and Reuters contributed to this report Pundits claim the Microsoft breakup ruling won't have any impact. They say it will take years for the appeals process to finish. Jesse Berst says they're wrong. He says we'll start to feel the effects tomorrow. Go to AnchorDesk UK for the news comment. To listen to a live feed on the ruling, listen at 8pm GMT Read the Microsoft filing. See the ZDNet Microsoft vs DoJ special report. What do you think? Tell the Mailroom. And read what others have said. Take me to the DoJ/Microsoft special.

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

Moley

@kevinmchapman. OK, I acknowledge that 'most' was a gratuitous throwaway comment as an afterthought and too presumptuous. As to proof, as you...

4 hours ago by Moley on A tale of two distros: Ubuntu and Linux Mint
Jack Schofield

@BrownieBoy > Works really well for thieves.... >> Nice attempt to deflect the argument by tossing in a point that's totally >> irrelevant, even...

5 hours ago by Jack Schofield on AMD Ultrathins to challenge Intel Ultrabooks
raskolnikof

fantastic that the so called piracy bills have been withdrawn. however, these anti-democracy supporters are still in the shadows so lets be alert...

6 hours ago by raskolnikof on SOPA, Protect IP support wavers in face of online protest
Tony Douglas

Please God no; teach them anything you like - thinking rationally, the uses and misuses of data, what data is and what it's not - but leave the...

8 hours ago by Tony Douglas via Facebook on Kids are the future. Teach ’em to code.
BrownieBoy

@Jack, > Works really well for thieves.... Nice attempt to deflect the argument by tossing in a point that's totally irrelevant, even it were...

23 hours ago by BrownieBoy on AMD Ultrathins to challenge Intel Ultrabooks
bootlegger

Make that 13 people now - I got refused today at Manchester airport. I thought I was up to date on this legislation - I knew of the EU ruling from...

1 day ago by bootlegger on UK airport body scans will not be opt out
tinycg

Don't forget to check out apps like GoodReader or SlideShark either, they're indispensible for people on the go in presentation situations. Best...

1 day ago by tinycg on Four top iPad apps for people on the move
TerryRK

Well it seems there is something a number of us agree on. Why is the Ubuntu Unity launcher so ugly? I thought perhaps it was something to do with...

1 day ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
Freebies202

Duplicate comments are not made intentionally. Its very good to know that now you are keeping check on this problem because sometimes a commenter...

2 days ago by Freebies202 on Microsoft fixes blog comments, speeds up blogs with open source
kevinmchapman

"the very significant number of users" and "many (most) of us" - you have no evidence for these statements. It is a fact that most users are saying...

2 days ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
Marg Menzies Harrison

Another grammar faux pas is the improper use of "you". When sitting down down in a restaurant, for example, I get cringe when the waitress...

2 days ago by Marg Menzies Harrison via Facebook on 10 flagrant grammar mistakes that make you look stupid
zdnetukuser

And NOW, folks, for Canonical's next trick... Kubuntu is late. Here's a pencil. Draw your own conclusions. cf.:...

2 days ago by zdnetukuser on Linux Minterface
Moley

@kevinmchapman. The discussion here reflects the very significant number of users who really do like the traditional menu system and who wish to...

2 days ago by Moley on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

Er, no... It is an efficient means of finding the application/file/setting you need in one place. The icons are a simply a fallback for when you...

2 days ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

Isn't the provision of a text based search an admission by the developers that the mass of icons approach does not work? I don't need to use a...

2 days ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

"Unity and GNOME 3 both abandon the old text-based cascading menus in favour of a graphical icon-driven system." Point truly missed. Both use a...

2 days ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

whs001 - Thank you, I'm glad you liked the article. I absolutely agree with you on your first point. I should perhaps have made it clearer that...

2 days ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
Dennis Nilsson

If we allow corporate interest to dictate the way our government circumvents due process against foreign entities then we should accept the same...

2 days ago by Dennis Nilsson via Facebook on ACTA stumbles in Germany
GHar123

I totally dislike pirating of works, I fear that artists will be deterred from creating works if they think that they are going to get ripped off....

3 days ago by GHar123 on ACTA stumbles in Germany
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...

3 days ago by JCB33 on ACTA stumbles in Germany