graphic
News > Technology
Microsoft wants fast review
December 16, 1997: 8:20 p.m. ET

Company says delay would force it to distribute flawed system
graphic
graphic graphic
graphic
NEW YORK (CNNfn) - Microsoft Corp. asked a federal appeals court Tuesday to consider lifting the temporary injunction that would stop the company from requiring computer makers to include Internet Explorer with its Windows 95 operating system.
     Late last week, U.S. District Judge Thomas Penfield Jackson -- who is hearing the government's antitrust case against Microsoft -- issued the temporary injunction to give him more time to study the matter. However, he declined the government's request to hold Microsoft in contempt and impose a fine of $1 million a day on the software giant.
     Microsoft contends that the judge's order would result in an inferior product. The company considers Internet Explorer 4.0 a vital component and says without it the operating system will not function as designed.
     "The court should expedite its consideration of the district court's preliminary injunction in this high-profile matter to prevent injury not only to Microsoft -- but also to computer manufacturers, third-party software developers and the public generally -- from the forced distribution to computer manufacturers of fundamentally flawed or less than current versions of Windows 95 and from the uncertainty that the district court's order will engender concerning Windows 98."
     In a press release, Microsoft said the district court's order requiring the company to license a version of Windows 95 that does not include Internet Explorer is "an unprecedented judicial intrusion into basic product design."
     Microsoft said the preliminary injunction will irreparably harm the company, a number of third-party vendors and the public.
     "Ordering Microsoft to permit computer manufacturers to ship Windows 95 without its Internet Explorer element, in fact dramatically changes the status quo in a way that will irreparably injure Microsoft and a number of third parties and thus warrants expedited consideration of this appeal," the company said.
     The company also said code in the retail version of Internet Explorer 3.0, released in August 1996 but included in the court's injunction, is vital to the operation of Windows 95 and that without it, the system would not function.
     "Microsoft's preliminary tests indicate that removing the code identified by the district court will result in a program that will not even start and will be deficient in a number of other critical ways."
     The company said the ruling has damaged its business by leading to speculation that Windows 98, which is scheduled for release in the second quarter of next year, might have to be delayed. Microsoft said that speculation is unfounded. Back to top

  RELATED STORIES

Microsoft, DOJ chronology

Microsoft appeals ruling - Dec. 15, 1997

Microsoft fires back - Nov. 11, 1997

  RELATED SITES

Microsoft

U.S. Department of Justice

1994 Consent Decree

CNNfn Microsoft Special Report


Note: Pages will open in a new browser window
External sites are not endorsed by CNNmoney




graphic

Most stock quote data provided by BATS. Market indices are shown in real time, except for the DJIA, which is delayed by two minutes. All times are ET. Disclaimer. Morningstar: © 2018 Morningstar, Inc. All Rights Reserved. Factset: FactSet Research Systems Inc. 2018. All rights reserved. Chicago Mercantile Association: Certain market data is the property of Chicago Mercantile Exchange Inc. and its licensors. All rights reserved. Dow Jones: The Dow Jones branded indices are proprietary to and are calculated, distributed and marketed by DJI Opco, a subsidiary of S&P Dow Jones Indices LLC and have been licensed for use to S&P Opco, LLC and CNN. Standard & Poor's and S&P are registered trademarks of Standard & Poor's Financial Services LLC and Dow Jones is a registered trademark of Dow Jones Trademark Holdings LLC. All content of the Dow Jones branded indices © S&P Dow Jones Indices LLC 2018 and/or its affiliates.

Most stock quote data provided by BATS. Market indices are shown in real time, except for the DJIA, which is delayed by two minutes. All times are ET. Disclaimer. Morningstar: © 2018 Morningstar, Inc. All Rights Reserved. Factset: FactSet Research Systems Inc. 2018. All rights reserved. Chicago Mercantile Association: Certain market data is the property of Chicago Mercantile Exchange Inc. and its licensors. All rights reserved. Dow Jones: The Dow Jones branded indices are proprietary to and are calculated, distributed and marketed by DJI Opco, a subsidiary of S&P Dow Jones Indices LLC and have been licensed for use to S&P Opco, LLC and CNN. Standard & Poor's and S&P are registered trademarks of Standard & Poor's Financial Services LLC and Dow Jones is a registered trademark of Dow Jones Trademark Holdings LLC. All content of the Dow Jones branded indices © S&P Dow Jones Indices LLC 2018 and/or its affiliates.