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From the News Desk
Thursday, 31. January 2008

Anti-Trust Ruling of Microsoft Faces Two More Years of Oversight


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The U.S. government will continue to watch over Microsoft's compliance with the terms of its famous antitrust case settlement for at least two more years. Microsoft's compliance will remain under court supervision because the company delayed producing documentation required by the court, a federal judge ruled.

Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia extended the court's supervision through Nov. 12, 2009, writing that the 2002 settlement had not fully taken effect. Eleven states, including New York and California, had asked the court to extend oversight until 2012. That request was denied, but the states got a partial win.

Microsoft, on the other hand, had argued that the five-year term of the original 2002 ruling was finite and shouldn't be allowed to extend. Microsoft also had stressed that it was in compliance with many of the provisions of the 2002 ruling.

A few provisions have already been extended, including requirements to license communications protocols and prohibition of "retaliation" against third-party software and hardware vendors. The states had argued that since those provisions had been extended, the court should extend all of the provisions.

In her ruling, Kollar-Kotelly blamed Microsoft. "Although the technical documentation project is complex and novel, it is clear, at least to the Court, that Microsoft is culpable for this inexcusable delay," she wrote.

As part of the settlement, Microsoft is required to document information on communication protocols, making it easier for other software manufacturers to create products that work well with the Windows OS. The documentation has been a sticking point between the company and the government. Microsoft has been ordered to rewrite the documentation, which was supposed to have been complete by February 2003, to make it clearer.

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