Judge rejects Google's Microsoft anti-trust plea
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Satisfaction through litigation Analysis Google has failed in its attempts to ride the coat tails of Microsoft's landmark antitrust settlement, leaving the search giant one possible course of action: initiate its own costly and drawn-out antitrust case.â¦
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A federal judge may have sent a gift  to all merger-minded U.S. executives when he rejected the  government's request to block Oracle Corp.'s ORCL.O bid for  PeopleSoft Inc. PSFT.O last week.
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Google Inc.  asked a federal  judge on Monday to extend the consent decree that settled the  landmark antitrust case against Microsoft Corp.  in  order to address competition concerns involving the Windows  Vista operating system.
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Blog: Federal judge presiding over Microsoft antitrust case says she'll rely on government attorneys, not Google, to guide enforcement.
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A U.S. judge said Tuesday she will likely defer to an agreement on desktop search forged between Microsoft and the plaintiffs in the U.S. government's antitrust lawsuit against the software vendor, instead of responding toÂ a complaint from rival Google.
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A federal judge refused to accept a guilty plea from a former America Online software engineer accused of stealing 92 million e-mail addresses and selling them to spammers.
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Microsoft Corp. asked a judge to suspend the European Commission's antitrust ruling against it on Thursday, arguing that secrets revealed now cannot be retracted.
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Microsoft Corp. failed Monday in its bid to overturn a European Commission antitrust ruling against it, when the European Union's second highest court dismissed the company's appeal and ordered it to pay the bulk of the Commission's legal expenses.
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CNET is reporting that US District Judge Vaughn Walker in San Francisco has denied a request by the Antitrust Division of the federal Department of Justice to issue an injunction against Oracle&#39;s hostile acquisition of business software maker PeopleSoft
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(InfoWorld) - Google may be seeking a reopening of state and federal government antitrust action against Microsoft, but a U.S. Department of Justice (DOJ) official has recommended against it, newspaper reports indicated Sunday. Google alleged that Microsoft's new Windows Vista operating system puts other search software companies at a disadvantage, making it difficult for users to employ non-Microsoft desktop-search software, The Wall Street Journal reported, citing lawyers familiar with the case. Microsoft's own desktop indexing system is almost impossible to turn off, Google claimed in a white paper sent to both the DOJ and states' attorneys general, thereby affecting a computer's performance when running non-Microsoft search index, the report said. Microsoft denied the accusations, saying that its own search indexing could be turned off, although with some difficulty, and that its program did not interfere with the operation of other search indexing software and therefore did not influence performance, according to the report. Despite Google's efforts to draw its rival into a protracted legal fight, the company's antitrust cries are falling on deaf ears, especially at the DOJ, which fought Microsoft over monopoly accusations in the late 1990s until a settlement in 2002, according to The New York Times, which also cited lawyers close to the case. Thomas O. Barnett, now the DOJ's top-ranking antitrust official, recommended in May that the DOJ and state attorneys general reject Google's complaint, the report said. Formerly employed by a law firm that represented Microsoft during the DOJ antitrust suit, Barnett did not work on the case before joining the DOJ, and recused himself from involvement in the DOJ's ongoing monitoring of Microsoft that is part of the 2002 settlement, the report said. However, some state prosecutors may take up the case with or without the DOJ, which is slated to be heard in Federal District Court in Washington later this month, it said.
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A federal judge has refused to accept a guilty plea from a former America Online software engineer who was accused of stealing 92 million e-mail addresses and selling them to spammers.
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(InfoWorld) - Microsoft failed Monday in its bid to overturn aÂ European Commission antitrust rulingÂ against it, when the European Union's second highest court dismissed the company's appeal and ordered it to pay the bulk of the Commission's legal expenses. TheÂ long-awaited decisionÂ by the Court of First Instance in Luxembourg supports the Commission, the E.U.'s top antitrust regulator, on the two essential aspects of the case. The Commission was right to take action to prevent Microsoft from bundling in Windows Media Player into the Windows operating system, the court concluded. It was also right to force Microsoft to reveal interoperability information to makers of server operating systems. An order for Microsoft to pay a fine of â¬497 million (then around $600 million) also still stands. The only fault the court found in the Commission was the powers it granted to an independent monitoring trustee to oversee Microsoft's implementation of its 2004 antitrust ruling. Brad Smith, Microsoft's top lawyer, said: "We'll study this decision carefully and if there are additional steps that we need to take to comply with it, we will take them." European Commission President JosÃ© Manuel Barroso welcomed the ruling. "This judgment confirms the objectivity and the credibility of the Commission's competition policy. This policy protects the European consumer interest and ensures fair competition between businesses," he said. The Commission's allies also hailed the decision. "This is a great day for European businesses and consumers," said Thomas Vinje, who heads the legal team for the European Committee for Interoperable Systems (ECIS). "This decision opens the prospect for dynamic competition in the software industry. No more user lock-in, no more monopoly pricing," he said. Georg Greve, president of the Free Software Foundation Europe (FSFE), said: "Through tactics that successfully derailed antitrust processes in other parts of the world, including the United States, Microsoft has managed to postpone this day for almost a decade. But thanks to the perseverance and excellent work of the European Commission, these tactics have now failed in Europe." Carlo Piana, FSFE's legal counsel, described the court ruling as "a milestone for competition. It puts an end to the notion that deliberate obfuscation of standards and designed lock-in is an acceptable business model, and forces Microsoft back into competing on the grounds of software technology." Software developer Jeremy Allison, co-author of the open source print and file server Samba, also approved the ruling. "This is a very important day for the Samba team: we hope to finally compete on a level playing field, without being denied access to interoperability information. Samba would then be able to offer consumers real choice, with the benefits of software freedom," he said. However, an industry group on Microsoft's side said the ruling was bad for small and medium-size enterprises (SMEs). "The Commission just got a treat from the court, but SMEs and consumers will actually foot the bill. Microsoft did not win today, but it is European software developers and consumers that really lost," said Jonathan Zuck, president of the Association for Competitive Technology. It will take several hours and days to get a true assessment of the implications, he said, suggesting that the detail of the ruling might yet contain a "silver lining" for SMEs. "Following today's judgment, consumers and developers are unlikely to see the technologies they are demanding -- like voice recognition and multitouch interfaces -- integrated into Windows," he said. The implications of Monday's historic court ruling are being assessed by lawyers on both sides of the case, but already some things are clear. On the bundling question, the court stood by the Commission's order to Microsoft to develop a version of Windows with the Media Player stripped out. "The court makes clear that Microsoft retains the right to continue to offer the version of Windows bundled with Windows Media Player and that it is required only to make it possible for consumers to obtain the operating system without that media player, a measure which does not mean any change in Microsoft's current technical practice other than the development of that version of Windows," the court said in a statement summarizing the lengthy appeal ruling. Meanwhile, there was little room for interpretation of the court's decision concerning the interoperability side of the case. The court agreed with the Commission's finding that "Microsoft's refusal [to share interoperability information] limits technical development to the prejudice of consumers." Regarding the trustee, the court said the Commission was out of order granting the trustee an automatic right of access to Microsoft documents, premises and employees. It also said the Commission was wrong to make Microsoft pay all the trustee's expenses. Microsoft was ordered to pay 80 percent of the Commission's expenses, as well as those incurred by the Commission's allies in the case, including ECIS, as well as 80 percent of its own expenses. The Commission must pick up the tab for the remaining 20 percent. Microsoft's allies, including the Association for Competitive Technologies have to foot the bill for their own legal expenses.
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(InfoWorld) - A U.S. judge said Tuesday she will likely defer to an agreement on desktop search forged between Microsoft and the plaintiffs in the U.S. government's antitrust lawsuit against the software vendor, instead of responding toÂ a complaint from rival Google. Judge Colleen Kollar-Kotelly, of the U.S. District Court for the District of Columbia, said she relies on the plaintiffs, including the U.S. Department of Justice and several states, to suggest solutions for complaints related to a 2002 antitrust settlement governing Microsoft. "The plaintiffs, as far as I'm concerned, stand in the shoes of the consumer," Kollar-Kotelly said during a status hearing on Microsoft's compliance with the settlement. "Google is not a party in this case." This month, Google filed an antitrust complaint against Microsoft, saying it was difficult for computer users to change the default desktop search program in Windows Vista. Google protested the proposed desktop search agreement between Microsoft and the antitrust plaintiffs, saying it didn't go far enough. Google on Monday filed a motion asking Kollar-Kotelly to extend her oversight of changes to desktop search. (More to come.)
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A U.S. military judge Monday rejected a defense motion to bar evidence gained from a key suspect's computer in the Abu Ghraib prison abuse scandal. The defense had claimed investigators acted improperly in taking material from the laptop.
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Microsoft was dealt a heavy blow yesterday when a senior European judge upheld the anti-trust sanctions imposed on it earlier this year by the European Commission.
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A federal judge declined to accept a guilty plea yesterday from a former software engineer at America Online Inc. who had been accused of stealing 92 million screen names and e-mail addresses of subscribers for use in an Internet marketing scheme.
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A federal judge declined to accept a guilty plea Tuesday from a former software engineer at America Online Inc. who had been accused of stealing 92 million screen names and e-mail addresses of subscribers for use in an Internet marketing scheme.