Europe South Asia Asia Pacific Americas Middle East Africa BBC Homepage World Service Education



Front Page

World

UK

UK Politics

Business

Sci/Tech

Health

Education

Sport

Entertainment

Talking Point
On Air
Feedback
Low Graphics
Help

Tuesday, July 28, 1998 Published at 23:54 GMT 00:54 UK


Business

Microsoft fights back

Microsoft's Web site follows the case in full

By BBC Internet Correspondent Chris Nuttall

Microsoft filed counterclaims against 20 US states on Tuesday evening and issued a strong legal rebuttal of charges of monopolistic practices made against it by the states' attorneys-general and the Department of Justice in May.

In its first formal response to the landmark lawsuits, Microsoft said they were "completely groundless" and the states' actions in particular "unconstitutionally undermine the company's intellectual property rights."

Papers filed in the US District Court in Washington DC, to meet a deadline of six weeks before the hearing of the actual case, maintained that:

  • Microsoft planned to integrate its Internet Explorer browser into the Windows operating system long before its rival Netscape even existed. It says there was already consumer demand for Internet enabled operating systems as far back as 1993 when it began working on the project. The Justice Department says the integration was intended to put Netscape out of business.
  • Explorer is gaining popularity with consumers not because of an unfair advantage but because of its "superior technology" compared to the Netscape Navigator browser.
  • Microsoft had not tried to "illegally divide the browser market" with Netscape in talks in 1995
  • The company did not, as the government alleged, enter into exclusionary contracts with Internet service and content providers. It allowed them to "promote Internet Explorer in parity with their promotion of other web browsing software."
  • It also did not restrict the ability of computer manufacturers to alter the Windows desktop screen that users see when they first boot their computers, contrary to the government's claims.

With regard to the counterclaim against the 20 states, Microsoft says copyright owners have the right to license their products to third parties in an unaltered form. The states were trying to infringe that right.

The company promised a far more detailed response in time for the next filing deadline of August 10.

Judge wants 30-day hearing

The presiding judge, Thomas Penfield Jackson, has said he wants the actual hearing to last no more than a month, although appeals could drag on for years in what is seen as an historic court case.

Microsoft intends to further argue that every other major developer of operating systems has included Internet support.

It has already subpoenaed Novell, Sun Microsystems, IBM, Apple, Caldera, Network Computer and Santa Cruz Operation to support its case

The Justice Department is reported to be focusing on proving that Internet Explorer's integration along with exclusionary contracts with Internet service providers was aimed at protecting its Windows operating system from rivals such as Netscape.

Windows is installed on more than 90% of the world's personal computers.



Advanced options | Search tips




Back to top | BBC News Home | BBC Homepage | ©


Business Contents

Your Money
Market Data
Economy
Companies
Business Basics
E-Commerce
Relevant Stories

25 Jul 98 | Sci/Tech
Microsoft opponents join forces

24 Jun 98 | Microsoft
Microsoft lawsuit: Internet sites

24 Jun 98 | Microsoft
Timeline: Microsoft legal wrangles

24 Jun 98 | Microsoft
Landmark action against Microsoft

12 Jun 98 | Sci/Tech
'Microsoft law suit attacks all companies' - Gates





Internet Links

Microsoft response to anti-trust charges

Microsoft

US Department of Justice: US v Microsoft anti-trust filings


The BBC is not responsible for the content of external internet sites.




In this section

Microsoft trial mediator welcomed

Vodafone takeover battle heats up

EU fraud: a billion dollar bill

NatWest bid timetable frozen

No longer Liffe as we know it

France faces EU action over electricity

Inquiry into energy provider loyalty

The growing threat of internet fraud

Christmas turkey strike vote

Brown considers IMF job

Train robbery game hope for SCi

From Sport
League to rule on Sky shares

Mannesmann fights back

Online share dealing triples

Chinese imports boost US trade gap

Pace enters US cable heartland

The rapid rise of Vodafone

Storehouse splits up Mothercare and Bhs

Brown's bulging war-chest

The hidden shopping bills

Europe's top net stock

House passes US budget

Rate fears as sales soar

Safeway faces cash demand probe

Mitchell intervenes to help shipyard

Maxwell pledge to pensioners

Power cuts spark union warning

New factory creates 500 jobs

Drugs company announces 300 jobs

Oil reaches nine-year high

'Asian management culture must change'

US 'prepared for Millennium Bug'

Gucci on a spending spree