Lawyers for the software giant Microsoft have clashed with a federal judge in the company's battle against contempt of court charges that could result in a fine of $1m a day.

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The US Department of Justice claims Microsoft is ignoring a court order from Federal Judge Thomas Penfield Jackson, to remove its Internet browser, Internet Explorer, from its Windows 95 operating system.

Microsoft say they are complying but have found that removing the browser prevents the operating system from functioning properly.

Courtroom battle

During a pointed exchanged in the US District Court in Washington DC, Microsoft lawyer Richard Urowsky said the company had carefully reviewed Government briefs in deciding how to comply with the judge's order.

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But before Mr Urowsky could go on, Judge Jackson interrupted: "What the Government requested is not the same as what I ordered."

Mr Urowsky replied: "I beg to differ with you."

After more discussion, Judge Jackson said firmly: "It is my language and my language alone that is at issue here."

Mr Urowsky said the company had done what the Justice Department suggested, removing all files contained in its Internet Explorer browser, and that was why Windows 95 would not work.

Judge Jackson said repeatedly the company should have looked at his language instead. He finally asked if Microsoft had given any consideration to seeking clarification from him.

"We gave very careful consideration of that," Mr Urowsky replied. But ultimately Microsoft decided to appeal against the order, he added.

The judge is prohibited from modifying his order while it is on appeal.

Windows domination

The Justice Department says that Microsoft is using its 90% market superiority to create a monopoly. The US Government has also accused it of anti-competitive practices.

Since its introduction, free copies of Internet Explorer have been included with editions of Windows 95, helping the company to conquer 40% of the rapidly growing browser market.

Microsoft has fiercely resisted the court's ruling, claiming that no one has a right to tell it what it can and cannot include in its own products.

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Bill Gates, who founded Microsoft, says the company is doing more for competition than the Government realises.

"Building the Internet capability into Windows is good for everyone," he said.

"The Internet is bringing lower prices and more competition to a wider range of industries than any convention in the last 100 years."

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Initially the company had agreed to offer computer makers an operating system with all browser files removed, but warned that, as a result, the system would not be able to function as designed.

As a second option, Microsoft said that computer makers could also market an older version of Windows 95 without the Internet Explorer component.

But the Government promptly dismissed the options as unsatisfactory and reiterated its conviction that both products could be separated without affecting a computer's functioning.

A spokesperson for the Justice Department said: "Microsoft's position is untenable. The court should end Microsoft's disobedience and bring it into compliance."

Microsoft's dominant position in the software market is also under investigation by Congress as well as a number of US states and the Government has already demanded the right to review every major piece of Microsoft software before it is released onto the market.

The hearing is expected to last two days. Judge Jackson could rule from the bench or issue a written opinion later.
 

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