Microsoft launches fresh appeal

Software giant Microsoft has appealed to the US Supreme Court, in a last ditch attempt to overturn a ruling that it had operated as an illegal monopoly.

The firm, claiming the case represented a trial of the US judicial system, has asked the court to reverse findings that Microsoft harmed the interests of consumers and stifled competition.

Microsoft's move follows the decision of a federal appeals court on Thursday to stand by its findings that Microsoft had indeed acted anti-competitively in bundling its Internet Explorer browser with Windows software.

Although the appeals court stood by the lower court's guilty verdict, it had earlier sent the case back with the order that the punishment imposed - that Microsoft be split up - be reviewed.

Bias claims

District court judge Thomas Penfield Jackson ordered the firm to be broken up last year, after upholding complaints of anti-competitive behaviour pursued by US and state prosecutors.

Gates: compared to Napoleon

Although Microsoft failed in its appeal to get the guilty verdict overturned, the appeals court decided there were sufficient doubts as to Judge Jackson's conduct as to make it necessary for a lower court to reconsider the penalty imposed.

The appeals court judges stuck to their verdict last week, after Microsoft urged them to review their findings.

Last chance

The Supreme Court represents a last chance for Microsoft of winning significant ground in the four-year-old case, and comes as the software giant is gearing up for the release of its next-generation Windows XP package.

In its petition to the court, Microsoft claims that Mr Jackson's entire ruling should be thrown out.

"Microsoft argues that the district judge should have been disqualified from any further role in the case as of the time the earliest violation occurred," the document said.

"The Supreme Court's review of the disqualification issue is important to restoring public confidence in the integrity of the judicial system."

But legal experts questioned whether the court would agree to reopen the case.

"The Supreme Court is not going to reverse the Court of Appeals, Microsoft is not going to walk free," said Bob Lande, law professor at the University of Baltimore.

"It is just a delaying tactic. They have no realistic chance of getting this overturned."