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Microsoft Again Urges Court to Overturn Order

Brief to U.S. Court of Appeals asks for overturn of court order to separate Internet Explorer from Windows 95.

By Elinor Mills, PCWorld   

The brief filed with the U.S. Court of Appeals in the District of Columbia was part of a normal filing procedure in response to the Justice Department%squots brief filed last week.

In its brief, Microsoft argued that the 1995 consent decree explicitly allows the company to create integrated products, and that the Internet Explorer technology has been integrated into Windows 95 since the first versions were shipped to computer makers in July 1995.

Microsoft also argued that it was not given the opportunity--as required by law--to dispute a proposed injunction officially, since the company was not given notice before the injunction was made.

The Department of Justice %dquotseeks to convert a dispute over the meaning of a consent decree provision into some kind of morality play, with Microsoft cast as the villain for asserting its due process rights,%dquot the brief said.

%dquotWe believe every software company must have the ability to innovate and add new features for their customers. The preliminary injunction would have a chilling effect on innovation throughout the software industry,%dquot said William Neukom, Microsoft senior vice president for law and corporate affairs, in a statement.

Microsoft is scheduled to present oral arguments before the appellate court on April 21.

The Department of Justice took Microsoft to court last October, claiming that the software giant was violating a 1995 antitrust consent decree by forcing original equipment manufacturers to license Internet Explorer along with Windows 95. U.S. District Judge Thomas Jackson issued a preliminary order on December 11, 1997, requiring Microsoft to unbundle Internet Explorer from Windows 95. When Microsoft said it could comply only by offering OEMs an outdated or crippled version of Windows 95, the Department of Justice asked the court to hold the software vendor in contempt of court for not following the December 11 order.

The two sides came to an agreement in late January to settle the contempt of court case, with Microsoft agreeing to offer Windows 95 versions with the Internet Explorer icon removed. However, Microsoft persisted in filing its appeal of the preliminary injunction, arguing that the judge did not follow proper procedures in imposing his order.