Microsoft will remain one – Macitynet.it
The decision to divide the company into two parts was canceled; sent the judgment for review to the court of first instance; removed Judge Jackson for suspected partiality. These are the most important decisions taken by the Court of Appeal called to express itself on the sentence against Microsoft for illegal monopoly. Decisions that if they do not call into question every aspect of the historical trial against the Redmond company certainly set some points in favor of the manufacturers of the Windows. In the first place, what strikes the attention is the harsh judgment against Jackson which influenced the decision to cancel the separation in two parts of Microsof. The judge who for months had stood up to Gates and the ranks of the Redmon managers according to the court of appeal, with some attitudes "gave way to raise suspicions about his impartiality – say the magistrates of the court – We have had no evidence of prejudice, but some statements made during the proceedings have cast suspicions on the final judgment, undermining its appearance of serenity. This is why we are forced to invoke the proposed remedy and request that the case be assigned to a different judge. "The decision on the Court of Appeal had been foreseen by many observers who are experts in legal matters. Some of them had also believed that precisely the excessively aggressive attitude towards Redmond and especially some statements made to the press before the final judgment would have prompted the appeal court to make such a decision. Jackson, in particular, had made statements to some newspapers before Microsoft's separation sentence into two sections, asking that they be embargoed until the sentence was issued. This made Microsoft lawyers cry out to the scandal that they had a good game in claiming that Jackson had already formed an opinion on their client's guilt even before having listened to all the witnesses. The referral to the court of first judgment of the case for not it means starting from scratch for Microsoft accusers. The appellate court has in fact confirmed the part of the sentence in which Bill Gates' company maintained its monopoly with illegal practices. This crucial part of the ruling prevents Microsoft from proclaiming its victory on all fronts and should raise some concern about the remedies that the District Court will impose on Redmond.At the moment for what will happen in the future linked to a complex mix of political issues and For example, theoretically, the Justice Department and the states that brought Microsoft to court could bring the case to the Supreme Court, but given that the new republican administration appears more favorable to Microsoft than the previous one was very unlikely to happen. Even according to some sources it is even difficult for the case to return to the district court; a more mediated solution is more likely. Certainly this is the position that the Department of Justice would prefer even if it is questioned by lawyers from States who do not seem willing to stop in the face of a softening of the Bush administration. Before we can express ourselves on the matter and say what will happen in the Microsoft case, we must wait for the statements of all the parties involved.