More info on Microsoft

Gordon Irlam (gordoni@base.com)
Mon, 20 Oct 1997 13:24:46 -0700 (PDT)


The Justice department is charging Microsoft with being in contempt
of their 1995 consent decree as a result of its tactics of bundling
Internet Explorer with Windows 95.

The DOJ press release is available at:

http://www.usdoj.gov/atr/press_releases/1997press/1235.htm

The original 1995 case is available at:

http://www.usdoj.gov/atr/cases3/micros0/micros0.htm

The guidelines the DOJ uses for resolving the contradictions between
anti-trust law and intellectual property are at (WordPerfect format only):

http://www.usdoj.gov/atr/guidelin.htm

Unlike the application of anti-trust law to the software world, which
can get fairly murky, this case simply involves Microsoft's alleged
violation of the agreement they signed with the justice department
in return for the justice department agreeing to drop it's investigation
of Microsoft's licensing practices. The issues at hand here are far
easier to adjudicate on. I would suspect that if the government is raising
this charge, they have probably got a fairly good case. What would
appear to be the relevant section from the 1995 consent decree is
included below.

gordoni

http://www.usdoj.gov/atr/cases3/micros0/0047.htm
------------------------------------------------------------------------
UNITED STATES OF AMERICA v. MICROSOFT CORPORATION
CIVIL ACTION NO. 94-1564 (SS)
FINAL JUDGMENT

... it is hereby ORDERED, ADJUDGED AND DECREED as follows:

DEFINITIONS

(A) "Covered Product(s)" means the binary code of (1) MS-DOS 6.22,
(2) Microsoft Windows 3.11, (3) Windows for Workgroups 3.11,
(4) predecessor versions of the aforementioned products, (5)
the product currently code-named "Chicago," and (6) successor
versions of or replacement products marketed as replacements
for the aforementioned products, ... The term "Covered
Products" shall not ... apply to Windows NT Workstation and
its successor versions, or Windows NT Advanced Server.

PROHIBITED CONDUCT

Microsoft is enjoined and restrained as follows:

...

(E) Microsoft shall not enter into any License Agreement in which the
terms of that agreement are expressly or impliedly conditioned
upon:

(1) the licensing of any other Covered Product, Operating
System Software product or other product (provided,
however, that this provision in and of itself shall not be
construed to prohibit Microsoft from developing integrated
products); or

(2) the OEM not licensing, purchasing, using or distributing
any non-Microsoft product.