[iwar] [fc:Judge.Says.Microsoft.Must.Give.States.Windows.Code]

From: Fred Cohen (fc@all.net)
Date: 2002-02-16 09:24:47

Next message: Fred Cohen: "[iwar] [fc:Net.snooping.laws.'too.costly']"
Previous message: Fred Cohen: "[iwar] [fc:Researchers.crack.new.wireless.security.spec]"
Messages sorted by: [ date ] [ thread ] [ subject ] [ author ] [ attachment ]

Message-Id: <200202161724.g1GHOlY02757@red.all.net>
To: iwar@onelist.com (Information Warfare Mailing List)
Organization: I'm not allowed to say
From: Fred Cohen <fc@all.net>
Mailing-List: list iwar@yahoogroups.com; contact iwar-owner@yahoogroups.com
Precedence: bulk
Date: Sat, 16 Feb 2002 09:24:47 -0800 (PST)
Subject: [iwar] [fc:Judge.Says.Microsoft.Must.Give.States.Windows.Code]
Reply-To: iwar@yahoogroups.com
Content-Type: text/plain; charset=US-ASCII
Content-Transfer-Encoding: 7bit

Judge Says Microsoft Must Give States Windows Code
Sat Feb 16, 1:51 AM ET

<a href="http://story.news.yahoo.com/news?tmpl=story&u=/nm/20020216/bs_nm/microsoft_c">http://story.news.yahoo.com/news?tmpl=story&u=/nm/20020216/bs_nm/microsoft_c>
ode_dc_2&amp;cid=580 

By Tim Dobbyn 

WASHINGTON (Reuters) - Microsoft Corp. will have to supply the computer code
for its Windows program to a group of states seeking stiffer antitrust
sanctions against the software giant, a federal judge ruled on Friday.

    Nine state attorneys general had argued that they needed to see the
Windows source code in order to verify Microsoft's claim it could not offer
a simpler version of the Windows personal computer operating system,
stripped of features like the Internet Explorer browser.

"It seems to me that if your side has access to it, then the other side,
frankly, should have access to it," U.S. District Judge Colleen
Kollar-Kotelly told Microsoft's lawyers in a conference call with attorneys
from both sides. 

A transcript of the conversation was later made available.

Microsoft had tried to argue that the states' request for the code, made on
Tuesday, came too late before hearings due to begin next month on whether
additional sanctions should apply to the company for violating U.S.
antitrust laws. 

Under the judge's order, Microsoft would provide access to the latest code
for Windows, including Windows XP (news - web sites) embedded, a version the
states believe shows the software can be easily customized.

An appeals court in June agreed with a lower court that Microsoft had
illegally maintained its monopoly in personal computer operating systems,
but rejected splitting the company in two to prevent future violations.

Among the illegal tactics cited by the court was the "commingling" of the
Windows source code with add-on programs.

The U.S. Justice Department (news - web sites) and another nine states that
had joined in the case have agreed to a settlement with Microsoft that
would, among other things, give computer makers more flexibility to feature
rival software on their machines.

Microsoft has balked at the additional demands of the states that have not
settled. They want to give competitors easy access to the detailed Windows
code and ensure Microsoft's Office suite of business programs works with
other software platforms.

The proposed settlement and the suggestions for stronger sanctions are to be
considered by Kollar-Kotelly in separate, but roughly parallel proceedings.

HEARINGS TO BEGIN MARCH 6

The judge on Friday set March 6 as the date to begin hearings on whether the
settlement is in the public interest.

She said she had still not decided whether to allow third parties, such as
the states that have not settled, to make presentations at the settlement
hearing. "If I did, it probably would be like a 10-minute hearing per
party," Kollar-Kotelly said.

Hearings on the rival proposals of the states that have not settled are
tentatively due to begin on March 11.

Kollar-Kotelly has so far given no sign she will pass judgement on
settlement before hearing the arguments of the dissenting states.

In addition to handing over the Windows code, the states that have not
settled had also asked the judge to appoint a technical expert to help
provide impartial opinions on complex technical issues raised by the case.

Kollar-Kotelly said there was too little time to find the right person for
that role. 

She also urged both sides to shorten their witness lists.

Kollar-Kotelly proposed meeting with attorneys for both sides next week to
discuss issues still not resolved between the parties over the format of the
remedy hearings. 

------------------------ Yahoo! Groups Sponsor ---------------------~-->
Sponsored by VeriSign - The Value of Trust
Pinpoint the right security solution for your company - FREE
Guide from industry leader VeriSign gives you all the facts.
http://us.click.yahoo.com/pCuuSA/WdiDAA/yigFAA/kgFolB/TM
---------------------------------------------------------------------~->

------------------
http://all.net/ 

Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/

Next message: Fred Cohen: "[iwar] [fc:Net.snooping.laws.'too.costly']"
Previous message: Fred Cohen: "[iwar] [fc:Researchers.crack.new.wireless.security.spec]"
Messages sorted by: [ date ] [ thread ] [ subject ] [ author ] [ attachment ]

This archive was generated by hypermail 2.1.2 : 2002-12-31 02:15:03 PST