The Conclusions of Law 4

    The Proposed Conclusions of Law also deals with the allegations that Microsoft illegally tied their Internet Explorer web browser to several internet providers’ software and to the Windows operating system. Microsoft is quick to point out that their agreements with competitors do allow them to distribute some Netscape software, and were of relatively short duration, allowing their partners to change allegiances after the agreements ran out.

    Microsoft also points to a legal precedent, the 1973 Telex Corp. v. IBM case, in which the court ruled that when one product is in question, the court’s business is not to dissect that product and bind it back together under an imagined tying agreement. Microsoft asserts that their Windows / Internet Explorer amalgam is a single product and that the two are entirely integrated.

    Despite Microsoft’s defense, Judge Jackson sided again with the DOJ and the Conclusions of Law rendered by Jackson are similar in spirit and in form to the government’s Proposed Conclusions.

Back    |    Next
    Index