Microsoft Corp has appealed to the US Supreme Court following
the recent appeals court decision to uphold a judicial finding that
the software giant had abused its monopoly position in the software
market. The company argues that the trial court’s legal and factual
findings, upheld unanimously by the appeals court, should be
dismissed owing to the conduct of the trial court judge.
Judge Thomas Penfield Jackson gave secret interviews to the
press during the trial in his district court before finding
Microsoft guilty and ordering that the company be split in two.
Microsoft argues that this conduct amounts to an indication of bias
on his part. The company maintains that upholding Jackson’s
findings, in light of his bias, undermines public confidence in the
US legal system.
Although the appeals court condemned Jackson for his actions and
dismissed his proposed remedy, it upheld his legal and factual
findings in the case. Microsoft wants the Supreme Court to
intervene and throw out his findings of fact. The company has also
asked the appeals court to postpone its intended referral of the
case to the district courts pending the Supreme Court’s decision on
whether to review the case.
Some observers suggest that Microsoft is simply trying to stall
proceedings in the hope that it can launch its Windows XP operating
system, scheduled for October, before any court order
intervenes.
