Microsoft Corp. has petitioned the US Appeals Court that last
month ruled the company had acted illegally by integrating its
internet browser software with its Windows operating systems.
Although the court did not order a break up of Microsoft, the
petition calls for the court to reconsider one particular aspect of
its findings.
The company claims that the seven-judge panel in the Appeals
Court overlooked or misinterpreted vital pieces of evidence during
the trial hearing. In particular, it refers to evidence given by a
government witness who had previously testified that he was not an
expert on the design of operating systems. During the trial the
witness gave evidence that implied browser code had been
deliberately used in the Window’s operating system in order to stop
computer manufacturers or users from removing the browser.
This evidence conflicted with that of Microsoft experts and led
the court to the conclusion that it could not overturn a lower
court finding that the bundling of browser software and the Windows
operating system was illegal. The unsatisfactory resolution of this
issue may cause further problems for Microsoft in its development
of its new Windows XP operating system.
The Microsoft petition follows a request from the Department of
Justice for the case to be sent back to a lower court so that
appropriate action can be taken to rectify Microsoft’s illegal
conduct without delay.
