Microsoft Requests Supreme Court Oversight

Microsoft Today called on the U.S Supreme Court, asking for a review of its antitrust appeal. Concurrently, the software giant has asked the Federal Court of Appeals to hold off from any further action until it is known whether or not the high court will accept the case. Microsoft's legal maneuvering comes at a time when a coalition consisting of the Justice Department and 18 state attorney generals are pushing for an injunction against Windows XP, which remains set to launch in October.

Microsoft has unsuccessfully petitioned the Supreme Court in the past. However, it maintains the apparent judicial bias warrants that the eight antitrust violations upheld by a Federal Appeals Court in late June should be vacated as well. While the Supreme Court's consideration is pending, the company has filed a stay with the Appeals Court asking it to take no further action such as recalling the case to a lower court for review. If the high court accepts the case, Microsoft has asked that the stay be extended until those proceedings are completed - a date that could be far in the future.

In response to the Appeals Court's unanimous findings, Microsoft loosened its grip on OEMS by making changes to its license agreement. Most notably, components of Internet Explorer can now be removed by end users, the out of box experience can be altered, and desktop icons may be added despite Redmond's call for a clean desktop. Microsoft has since required the placement of an MSN icon on the desktop.

The company refused comment when asked if it would roll back the newly granted freedoms that it has bestowed upon its OEM partners if it were successful in court. A spokeperson stated that Microsoft was only attempting to vacate the antitrust violations cited by Judge Jackson and were incidentally reaffirmed by the Appeals Court.

When asked for comment on today's motion, Microsoft Spokesperson Jim Desler Told BetaNews, "We are focused on a single issue, the appearance of bias. That goes to the heart of judicial integrity, and the public's confidence in the judiciary. We feel that it warrants Supreme Court review and our request is backed by legal precedence and legal statutes."

Legal analysts widely believed that the software giant would appeal to the Supreme Court. However, the justices have a history of rejecting cases that they feel would be better addressed in lower courts.