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Microsoft's melina

Microsoft's melina logomacitynet1200wide 1

Microsoft now appeals to the Supreme Court, the Redmond company announced yesterday that it had decided to ask that it be the highest judgment of the United States to decide on the sentence that the accusation of illegal exercise of the monopoly and to have submitted a request for the review of the trial that at first and second instance found her guilty of abusing her dominant position to weaken the competition and damaging her user base. Microsoft's move, apparently, comes in contradiction with what happened previously. In fact, a few months ago, it was the Department of Justice that asked for the intervention (later denied) by the Supreme Court, while the second instance and Microsoft opposed it. In fact, some legal experts explain, the move by the Window manufacturers does not go in the opposite direction. The logic of that time, the same as today, and based on the will to defer as much as possible the issuance of a final verdict. At the time of the DOJ's request to entrust the judgment to the supreme court an intermediate grade would have been skipped, speeding up the times. Now the request for intervention by the supreme court would end up slowing them down as the court of appeal confirmed the accusations by asking the district court to review only the device that inflicts the punishment and possibly modify it. A process that could take a few weeks. On the contrary, the supreme court, with very long times, should completely review the process by deferring the final sentence of months and months. The concrete goal of Microsoft, many American sites claim, is to prevent a final sentence from arriving before the launch of Windows XP, already in the eye of the hurricane with the accusation of pushing even further the policy of interconnection of the operating system with various applications, preventing free competition. Redomond's fear that the content of the ruling may in fact prevent the launch of the new OS and force it to review its form and content. According to Bob Lande, a law professor at the University of Baltimore, the chances of the Supreme Court taking the case into consideration are very little. Equally scarce are those for it to cancel the Finding of Facts and the Conclusion of Law as Microsoft claims claiming that the president of the jury of the Jackson district court was biased against Microsoft. Microsoft, however, could more easily get from the court of appeal the deferral of the case review by the district court where in a few days it would be back on the calendar. Redmond's attorneys ask for this to happen only after the Supreme Court has said whether or not it intends to accept Microsoft's requests. If the court of appeal surrenders the request, the launch of XP could take place without interference. On the contrary, it is probable that the Department of Justice could obtain from the district court the possibility of blocking the new operating system. According to Lande, however, it is unlikely that the court of appeal could grant this option because the response of the supreme court could arrive in six months, slowing down the trial in an unacceptable way.In any case, in addition to the hands of the court of appeal, the ball held by the justice department. The DOJ will have to act as quickly as possible by opposing the referral to the supreme court and Microsoft's request to postpone any decision until it is pronounced. The sooner the government moves, the easier it will be to circumvent Microsoft's defensive tactics and even get a hang on the release of XP. Meanwhile, some sources very close to Microsoft speak of great anxiety in the Redmond house where they try to anticipate the times and launch the new one. operating system earlier than expected. A final version could be shipped to PC makers by August 15th, two weeks before the set date.

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