FC: Justice Department, states consider blocking Windows XP

From: Declan McCullagh (declanat_private)
Date: Sat Aug 04 2001 - 08:29:11 PDT

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    Also:
    
    http://washingtonpost.com/wp-dyn/articles/A30393-2001Aug3.html
    State and federal prosecutors in the Microsoft antitrust case continue to 
    wrestle with a critical decision: whether to try to block the release of 
    Windows XP, scheduled to reach stores on Oct. 25, or to have the company 
    modify the new operating system software. ... The fundamental question for 
    prosecutors is whether to try to force changes in XP before it ships to the 
    public, or to let XP go to market but use it as, in effect, the star 
    witness in upcoming hearings on what penalties should be imposed on 
    Microsoft...
    
    ********
    
    [The Post's editorial could just as easily have been written: "THE VIGOR 
    with which the Justice Department and states have insisted that the recent 
    antitrust ruling by a federal appeals court mean Microsoft must kowtow to 
    their demands over its new operating system -- Windows XP -- has a familiar 
    and worrisome ring." --DBM]
    
    http://www.washingtonpost.com/wp-dyn/articles/A30259-2001Aug3.html
    
    Not So Fast
    Editorial
    Saturday, August 4, 2001; Page A22
    THE VIGOR with which Microsoft has insisted that the recent antitrust 
    ruling by a federal appeals court has no implications for its new operating 
    system -- Windows XP -- has a familiar and worrisome ring. The software 
    giant plans to release XP in October, which means shipping it to computer 
    manufacturers this month. As has happened in advance of prior releases of 
    Microsoft's major new products, the impending move has provoked concerns 
    about what XP will do to competition in the software marketplace. And as 
    has happened in the past, Microsoft is waving off such concerns. The 
    difference, of course, is that Microsoft has now been found -- by a 
    unanimous D.C. Circuit Court of Appeals -- to be a monopolist that took 
    illegal steps to maintain its dominant position. In the face of the court's 
    powerful holding, the manner in which the company is now proceeding risks 
    antagonizing the courts and the Justice Department and making settlement of 
    this case more difficult.
    
    [...]
    
    One would think that all of this uncertainty would induce caution, to avoid 
    a situation in which XP is released only then to produce a train wreck in 
    the continuing antitrust litigation -- or, worse yet, new litigation. 
    Microsoft must realize that it has, in many sectors, exhausted its goodwill 
    and that it can ill afford now to be appearing to thumb its nose at the 
    federal courts by once again pushing limits. Particularly if the company is 
    as confident as it claims it is that XP avoids the pitfalls in which 
    Microsoft has earlier fallen, it should make every effort to reassure the 
    federal and state authorities who will have to decide how to react to the 
    product's impending release. Those authorities need to scrutinize the new 
    product in light of the court's ruling, and Microsoft will need to be 
    flexible about making any changes necessary to keep it within the law.
    
    
    
    
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