Microsoft request for rehearing denied
08/02/2001 10:42:55 AM MDT Albuquerque, Nm
By Dustin D. Brand; Owner AMO
Appeals court leaves original remand timetable of August 12th.
THE U.S. COURT of Appeals for the District of Columbia on Thursday rejected Microsoft's request for a rehearing on its decision that the software giant illegally "commingled" operating system and browser code. Also on August 2nd, the court denied the request of the U.S. Department of Justice to speed the case back to the U.S. District Court in Washington.
Microsoft had asked the U.S. Court of Appeals for the District of Columbia on July 18 to re-hear a portion of the ruling that found the company illegally "commingled" computer code of its Internet Explorer browser and the Windows operating system to protect its monopoly power.
The government prosecutors argued that the case should be moved quickly in following the June 28 appeals court ruling that Microsoft abused its monopoly in the market for personal computer operating systems.
Following the June 28th ruling of the court, Microsoft changed licensing policies for computer makers planning to install Windows XP. Microsoft said computer makers could choose the icons that will appear on the Windows desktop and would add an add-remove function to allow consumers to remove Internet Explorer from the computer. Kodak, InterTrust, and AOL Time Warner are all companies that are less than happy with the coming release of Windows XP on October 25th.
Kodak is unhappy with the Microsoft Digital Imaging functions. InterTrust is claiming patent infringment relating to Digital Rights Management. AOL Time Warner has teamed up with Compaq to have their Icon's secured on the Windows XP Desktop while AOL is still uphappy with the Windows Messenger feature of Windows XP.
Microsoft told the court in a petition for a rehearing that "critical evidence was overlooked -- or misinterpreted -- on the technical question of whether Microsoft 'commingled' software code."
Asked whether the court decision was a blow, Microsoft spokesman Jim Desler said: "Not at all." "We are committed to move forward ... and resolve any remaining legal issues as quickly as possible," he said.
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