Wheels Keep Turning (6/23/98)
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Score another one for Microsoft! A federal appeals court has looked favorably upon their challenging of last December's preliminary injunction, which required them not to force PC manufacturers to include Internet Explorer on Windows 95 systems. (Remember, this is "Classic Redmond Justice," involving the violation of the 1995 consent decree, not "New Redmond Justice," which is the broader antitrust action filed recently. Make sure you're looking at the right scorecard.) CNET (and just about everyone else on the planet) has more on the subject.
This decision was a pretty big win for the Redmond Giant; the D.C. Court of Appeals unanimously ruled that Judge Thomas Jackson made "both procedural and substantive errors" in his handling of the case. They contend that he imposed the preliminary injunction without giving Microsoft adequate notice. They also ruled that he based his actions on an "erroneous reading" of the consent decree. And, oh yeah, they also said that he overstepped his authority when he appointed Lawrence Lessig as a "special master" in the case. (Geez, are you picking up any hints that Judge Jackson isn't too popular in the D.C. legal community? We wonder if he gets invited to many parties...)
Whether or not this latest Redmond victory in the "Classic" case will affect the outcome of the "New" case remains to be seen, but it sure seems likely. Microsoft now has more ammo to claim that Windows 95 and Internet Explorer are not separate products, which has been a key point in the government's arguments. We're not sure (we've lost track), but we think the "Classic" case is still ongoing; it appears that this appeal referred only to the preliminary injunction, and there still hasn't been a final ruling. One of these days we're going to have to sit down with a "Soap Opera's Digest" and get caught up...
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SceneLink (799)
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And Now For A Word From Our Sponsors |
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| | The above scene was taken from the 6/23/98 episode: June 23, 1998: What's this? An Apple-Disney rumor that doesn't propose a buyout? Meanwhile, Microsoft scores a big win in its big ol' legal fracas with the Justice Department, and Intel announces delays on the chip set to be used in high-end Xeon servers...
Other scenes from that episode: 798: M-a-c, i-n-t, o-s-h-e-s (6/23/98) Oooo, just when we thought juicy Disney rumors had become passé, no less a visionary than the eminent Don Crabb decides to spill what he's been hearing around the virtual water cooler. Over at MacCentral, he reveals that there may be a big and secret deal in the works between Apple and Disney-- and no, it's not the buyout we've all heard whispers about for so long... 800: Delays: The Spice of Life (6/23/98) It's another bummer for Intel, as systems using its new "Xeon" variation of the Pentium II may be delayed until later this summer. Apparently the problem is with the 450NX chip set-- which would give Xeon servers the ability to use more then four processors, vast amounts of RAM, and other features useful in a gigantor server-- and not with the Xeon itself...
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