Government Asks Appeals Court to Proceed

In response to Microsoft's request for a stay until the Supreme Court decides to hear its case, the Justice Department and 18 states have filed a brief with the Appeals Court. The government is setting its sights on Windows XP, claiming that any further delay in a court ordered remedy for antitrust violations will increase the company's prospects of dominating the software industry. This filing contrasts sharply with Microsoft, who favors judicial review of the case, and a quick settlement.

In its brief, the government provided a harsh synopsis of the software giant's chances for obtaining a Supreme Court hearing. Writing, "Under the circumstances, Microsoft has little prospect of obtaining (Supreme Court) review, let alone winning a reversal," the government urged the Appeals Court to continue with its proceedings. According to the filing, Microsoft failed to demonstrate how a reinstatement of the proceedings would injure it in any conceivable way.

The briefing goes on to say, "Microsoft has announced that it will soon introduce Windows XP, the next generation of its monopoly operating system. Because of its monopoly position, Microsoft's products and conduct overhang the market. The sooner remedial proceedings begin, the sooner a resolution can be crafted to assure competitive conditions and give industry participants the certainty they need to plan or commit resources efficiently."

In response to today's events, Microsoft's Jim Desler told BetaNews, "We have asked the Supreme Court to review an important issue and we believe the process is best served by waiting for the resolution of this matter before proceeding. We remain committed to resolving the remaining issues in the case as quickly as possible through settlement."

The Department of Justice did not respond to requests for comment by press time.