Court hearings on restricting Microsoft Corp's business practices would begin three months after the company releases its Windows XP operating system under a schedule proposed by the government.
The US Justice Department and 18 states today urged a federal judge to start remedy hearings Feb. 4. Windows XP, the latest version of the operating system that powers 95 percent of the world's personal computers, is scheduled for release Oct. 25.
Antitrust enforcers have said they might seek changes in XP to prevent Microsoft from consolidating its Windows monopoly.
The government's "leisurely paced program" likely means that Windows XP "gets a free ride," said Ernest Gellhorn, an antitrust expert at George Mason University law school. "The government's schedule appears to be focused in the direction that is not going to catch Window XP effectively in its net." The world's largest software company and antitrust enforcers remain divided over the scope of the remedies in the wake of an appeals court decision that Microsoft illegally protected its Windows monopoly, according to a report submitted by both sides in the case.
Both sides said they will continue talks seeking an out-of-court settlement, though the opposing lawyers have met only once since the June 28 appeals court decision. A meeting scheduled last week at which Microsoft was expected to submit a settlement proposal was canceled because of the terrorist attacks that destroyed the World Trade Center in New York and damaged the Pentagon outside Washington.
A government decision to delay the start of remedy hearings until February suggests "they are going to settle the case; that is the only possible interpretation," said Robert Litan, a former Justice Department antitrust enforcer who directs legal studies at the Brookings Institution.
The government said remedies modeled on restrictions on Microsoft's business practices first ordered by a trial judge last year are "both appropriate and essential" to restore competition, court papers said.
Those ideas "are every bit as radical as the now-discarded proposal to break up the company," Microsoft said in the court papers. Such restrictions would "retard rather than promote competition" and lead to "intrusive governmental regulation of Microsoft's product design." The appeals court, which set aside a court order to split the company in two along with the interim restrictions on its business practices, ordered more hearings on remedies to prevent Microsoft from stifling competition. US District Judge Colleen Kollar- Kotelly has scheduled a Sept. 28 hearing to discuss how to proceed.
The government proposed remedy hearings that would give each side 40 hours to present testimony from 10 witnesses. The government suggested that each side submit proposed remedies by Nov. 9, or 30 days after the judge issues her scheduling order.
Federal and state antitrust officials said earlier this month they won't seek another breakup of Microsoft, even though the unanimous appeals court decision didn't rule that out. Instead, antitrust enforcers said they will seek such restrictions on Microsoft's business practices as giving computer makers a choice to install a version of Windows without the Internet Explorer Web browser.
Two Democratic state attorneys general warned they might seek harsher remedies than the Republican-run Justice Department. They said they will insist that XP "receive close scrutiny" because it bundles new products such as instant messaging and software to download video and digital music.
Antitrust enforcers yesterda didn't rule out remedies that include XP, saying they will seek additional information about Microsoft's conduct "especially with respect to Windows XP," court papers said.
Microsoft urged a much slower pace because the appeals court decision had "substantially narrowed" the basis of remedies.
Hearings shouldn't be held until the court determines their scope, the company argued.
The government said such delay "advantages Microsoft" because the software giant "continues to have available to it all of the tools condemned by both courts to continue its illegal maintenance of its monopoly." Giving Microsoft a three-month lead to introduce XP into the market before the start of remedy hearings will make it "very hard to install some conditions" after "the product is already in consumers' hands," Gellhorn said.
RETHINK? The defense ministry and Navy Command Headquarters could take over the indigenous submarine project and change its production timeline, a source said Admiral Huang Shu-kuang’s (黃曙光) resignation as head of the Indigenous Submarine Program and as a member of the National Security Council could affect the production of submarines, a source said yesterday. Huang in a statement last night said he had decided to resign due to national security concerns while expressing the hope that it would put a stop to political wrangling that only undermines the advancement of the nation’s defense capabilities. Taiwan People’s Party Legislator Vivian Huang (黃珊珊) yesterday said that the admiral, her older brother, felt it was time for him to step down and that he had completed what he
Taiwan has experienced its most significant improvement in the QS World University Rankings by Subject, data provided on Sunday by international higher education analyst Quacquarelli Symonds (QS) showed. Compared with last year’s edition of the rankings, which measure academic excellence and influence, Taiwanese universities made great improvements in the H Index metric, which evaluates research productivity and its impact, with a notable 30 percent increase overall, QS said. Taiwanese universities also made notable progress in the Citations per Paper metric, which measures the impact of research, achieving a 13 percent increase. Taiwanese universities gained 10 percent in Academic Reputation, but declined 18 percent
CHINA REACTS: The patrol and reconnaissance plane ‘transited the Taiwan Strait in international airspace,’ the 7th Fleet said, while Taipei said it saw nothing unusual The US 7th Fleet yesterday said that a US Navy P-8A Poseidon flew through the Taiwan Strait, a day after US and Chinese defense heads held their first talks since November 2022 in an effort to reduce regional tensions. The patrol and reconnaissance plane “transited the Taiwan Strait in international airspace,” the 7th Fleet said in a news release. “By operating within the Taiwan Strait in accordance with international law, the United States upholds the navigational rights and freedoms of all nations.” In a separate statement, the Ministry of National Defense said that it monitored nearby waters and airspace as the aircraft
UNDER DISCUSSION: The combatant command would integrate fast attack boat and anti-ship missile groups to defend waters closest to the coastline, a source said The military could establish a new combatant command as early as 2026, which would be tasked with defending Taiwan’s territorial waters 24 nautical miles (44.4km) from the nation’s coastline, a source familiar with the matter said yesterday. The new command, which would fall under the Naval Command Headquarters, would be led by a vice admiral and integrate existing fast attack boat and anti-ship missile groups, along with the Naval Maritime Surveillance and Reconnaissance Command, said the source, who asked to remain anonymous. It could be launched by 2026, but details are being discussed and no final timetable has been announced, the source