The Microsoft process resumes
The dispute between Microsoft and the Justice Department starts again today. Today, in fact, the appeal process opens, which will have to decide whether Microsoft has actually broken the law with its commercial practices or whether the DOJ's allegations, confirmed by Judge Jackson that condemned Microsoft to split into two different entities, are from rivedere.Il new process does not provide, as determined by US law, new testimonial sessions. Instead, it is an exchange of documents with which the two parties will try to convince the judges of the goodness of their positions. This morning, now American, we start with Microsoft. From Redmond will arrive a folder of 150 pages in which the lawyers of the company of the Windows will claim not to have in any way prevented the marketing of Netscape and that its practices have always been respectful of the law and aimed only at improving the quality of its products. at the same time Microsoft will try to discredit behind the process, accusing the Justice Jackson of partiality. In the past few months, Microsoft has repeatedly claimed that the judge who sentenced her to split into two smaller companies prevented lawyers and witnesses in her favor from correctly presenting the unfolding of the facts. After presenting the document today DOJ will have until January 12 to submit his reply document. Then, probably on February 26th, the lawyers will present themselves for a seat reserved for oral arguments. The judgment may not be pronounced until next spring but this would not be the final point of the story, which began in 1998. Both the DOJ and Microsoft have already said they want to go before the Supreme Court. This could mean that a final judgment will arrive not before 2002. Not even excluding the Court of Appeal from referring the case to Judge Jackson. In turn, Jackson has already made it known that he will renounce re-examination if a radical denial of his arguments comes from the Court of Appeal. According to some observers, this could be possible. Microsoft in this phase enjoys an advantage determined by the political orientation of the court, which will take full responsibility and will consist mainly of conservative judges. In the past, on the other hand, Microsoft has already passed unscathed cases like this because of the acquittals on appeal. It is no coincidence that Redmond opposed the Expediting Act, a provision that explicitly provides for a jump in the level of judgment in appeal, solicited by Jackson and the DOJ, thinking they have a favorable judgment that will balance that pronounced in the first instance.