Has Microsoft complied? 'A resounding no,' Justice Dept. says

January 13, 1998
Web posted at: 2:38 p.m. EST (1938 GMT)

WASHINGTON (CNN) -- The Justice Department told a federal judge on Tuesday that over the next two days of testimony it would prove that Microsoft was in contempt of a December court order designed to stop the software giant from engaging in anti-competitive practices.

Justice Department antitrust lawyer Phillip Malone told U.S. District Court Judge Thomas Penfield Jackson that he faces a "simple and straightforward issue: Whether Microsoft has complied with his order. The answer is a resounding no."

The Justice Department then called computer book author Glenn Weadock to explain why the Windows 95 operating system is a separate product from Microsoft's Web browser, known as Internet Explorer.

The Justice Department says that Microsoft violated the judge's order to the software maker to stop requiring personal computer manufacturers to include the Internet Explorer along with Windows 95 in new PCs.

In an opening statement, lawyers for Microsoft said the company would show that the "government's proof will fall far short" and said "it is the government that may have created confusion in the minds of the court and the public."

The hearing was expected to conclude Wednesday. Judge Jackson is expected to rule within a few days whether Microsoft is in contempt of his order and, if so, whether to grant the government's demand that Microsoft be fined.

 

Special section:

• Target: Microsoft

CNN Community:

• Microsoft: Anticompetitive practices?

Related stories:

• Justice opposes Microsoft request to have expert removed - January 5, 1998
• Judge sets contempt hearing in Microsoft antitrust suit - December 19, 1997
• Rivals unite to fight Microsoft - November 16, 1997

Related sites:

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• U.S. v Microsoft Corp., Final Judgement - from the 1994 lawsuit
• Microsoft
• Target: Microsoft - Time Magazine

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