The Preliminary Injunction Case 3

The government said that Microsoft was trying to rewrite the preliminary injunction, but Microsoft alleged the same thing of the government. When the DOJ was arguing for the injunction, they said it was a blatant violation of the consent decree to force any manufacturer to install any portion of the Internet Explorer software on their new PCs. Now they were saying that compliance with the order demanded that Microsoft distribute Windows with most of the code left in.

The court's order also said nothing about hiding or restricting access to the browsing software. According to Microsoft, the DOJ was asking the court to alter the preliminary injunction while the appeal process was still incomplete. In the 1978 Deering Milliken, Inc. v. FTC case, the court ruled that it was outside the jurisdiction of the district court to alter its own ruling while that ruling was still under appeal. Microsoft said that the case therefore had no merit.

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