Return-Path: <sentto-279987-2817-1002673323-fc=all.net@returns.onelist.com> Delivered-To: fc@all.net Received: from 204.181.12.215 by localhost with POP3 (fetchmail-5.1.0) for fc@localhost (single-drop); Tue, 09 Oct 2001 18:12:08 -0700 (PDT) Received: (qmail 14382 invoked by uid 510); 10 Oct 2001 01:10:09 -0000 Received: from n24.groups.yahoo.com (216.115.96.74) by 204.181.12.215 with SMTP; 10 Oct 2001 01:10:09 -0000 X-eGroups-Return: sentto-279987-2817-1002673323-fc=all.net@returns.onelist.com Received: from [10.1.1.223] by n24.groups.yahoo.com with NNFMP; 10 Oct 2001 00:24:31 -0000 X-Sender: fc@big.all.net X-Apparently-To: iwar@onelist.com Received: (EGP: mail-7_4_1); 10 Oct 2001 00:22:03 -0000 Received: (qmail 98497 invoked from network); 10 Oct 2001 00:22:01 -0000 Received: from unknown (10.1.10.26) by 10.1.1.223 with QMQP; 10 Oct 2001 00:22:01 -0000 Received: from unknown (HELO big.all.net) (65.0.156.78) by mta1 with SMTP; 10 Oct 2001 00:24:24 -0000 Received: (from fc@localhost) by big.all.net (8.9.3/8.7.3) id RAA28564 for iwar@onelist.com; Tue, 9 Oct 2001 17:24:24 -0700 Message-Id: <200110100024.RAA28564@big.all.net> To: iwar@onelist.com (Information Warfare Mailing List) Organization: I'm not allowed to say X-Mailer: don't even ask X-Mailer: ELM [version 2.5 PL1] From: Fred Cohen <fc@all.net> Mailing-List: list iwar@yahoogroups.com; contact iwar-owner@yahoogroups.com Delivered-To: mailing list iwar@yahoogroups.com Precedence: bulk List-Unsubscribe: <mailto:iwar-unsubscribe@yahoogroups.com> Date: Tue, 9 Oct 2001 17:24:24 -0700 (PDT) Reply-To: iwar@yahoogroups.com Subject: [iwar] [fc:Supreme.Court.Denies.Microsoft.Appeal] Content-Type: text/plain; charset=US-ASCII Content-Transfer-Encoding: 8bit Supreme Court Denies Microsoft Appeal By Jonathan Krim, Washington Post Staff Writer Tuesday, October 9, 2001; 1:59 PM The U.S. Supreme Court today rejected a bid by Microsoft Corp. for the justices to hear the antitrust case against it and put all other proceedings on hold. The high court denied Microsoft's petition without comment, leaving intact a federal appeals court ruling in June that Microsoft illegally abused its monopoly power in the market for personal computer operating systems. The case is now back in the hands of a lower federal court judge, who is responsible for holding hearings and then determining how Microsoft's anticompetitive conduct should be rectified. Judge Colleen Kollar-Kotelly has first ordered government prosecutors and Microsoft to try to settle the case without further litigation. In seeking Supreme Court review, Microsoft argued that the federal judge who presided over the trial in the case, Thomas Penfield Jackson, was biased and that all of his findings should have been thrown out. The appeals court agreed that Jackson violated judicial ethics by talking to reporters about the case, and it publicly excoriated him in its June ruling. But it determined that while bias might have influenced Jackson's order to break up the company, it affirmed Jackson's basic findings of fact and of law that formed the heart of his decision that the company broke antitrust laws. Instead, the appeals court threw out Jackson's order that the company be broken up and removed him from the case. Microsoft claimed the appeals court erred in not overturning all of Jackson's basic findings and that such obvious bias could not have been limited to the penalty question.Microsoft offered dates of interviews Jackson gave to the New York Times and the New Yorker magazine that it said showed the judge's bias long before he determined what penalties should be imposed on the company. Most legal analysts expected that the high court would not intervene, especially while proceedings are ongoing in lower courts. The Justice Department said it was pleased by the decision. A Microsoft spokesman said the company will "continue to move forward with the case and comply with the court's order to work with the government to try to settle the case." Back to Washtech.com Home © 2001 The Washington Post Company ------------------------ Yahoo! Groups Sponsor ---------------------~--> Get your FREE VeriSign guide to security solutions for your web site: encrypting transactions, securing intranets, and more! http://us.click.yahoo.com/UnN2wB/m5_CAA/yigFAA/kgFolB/TM ---------------------------------------------------------------------~-> ------------------ http://all.net/ Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/
This archive was generated by hypermail 2.1.2 : 2001-12-31 20:59:54 PST