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| Thursday, 31 May, 2001, 22:10 GMT 23:10 UK Judges poised to rule on Microsoft ![]() The seven judge panel leans conservative on anti-trust cases Microsoft's fate hangs in the balance as a Court of Appeal considers whether to overturn the break-up order. A ruling is thought to be imminent and BBC News Online's Kevin Anderson in Washington takes a look at the judges making the decision. Anti-trust experts in Washington have always seen the District of Columbia's Appeals Court as a much friendlier venue for Microsoft than the courtroom of Thomas Jackson - the judge who ordered the firm to be split up. Indeed, although the seven-judge panel that heard Microsoft's appeal against Judge Jackson's ruling is almost evenly split, with four Republican appointees and three Democratic appointees, the court has a record of ruling against the government in anti-trust cases. Microsoft and the government also found a court, and especially its chief judge, comfortable and familiar with technology. Friendlier court Microsoft has steadfastly claimed throughout the appeal, which the Appeals Court may rule on as early as Friday, that the government should not infringe on its ability to add new features to its market dominant operating system.
And, based on previous rulings in Microsoft-related and other anti-trust cases, the court tends to agree with Microsoft that less government intervention is better. In 1998, two judges on the appeals court ruled that Microsoft did not violate a consent decree when it bundled its Internet Explorer web browser with Windows. In that case, Judge Stephen Williams, appointed by Ronald Reagan in 1986, and Judge Raymond Randolph, appointed by George Bush in 1990, ruled that Microsoft did not illegally "tie" the browser to its market-dominant operating system. They said that the government should not be involved in the design of software. The ruling allowed Microsoft to include its Internet Explorer web browser with every copy of the Windows operating system. Light hand of government And the court's judges, both Republican and Democratic appointees, are sceptical of the government's efforts to rebalance markets in anti-trust cases. Republican appointee Judge Douglas Ginsburg served as the head of the Justice Department's Anti-Trust Division under President Ronald Reagan before being appointed to the federal court. He favours a hands-off approach to anti-trust matters, with minimal government interference. But it is not simply the Republican appointees on the court who have ruled against government intervention in anti-trust cases. Democrat appointees such as Chief Judge Harry Edwards sided with the majority in a 1984 ruling that in favour of AT&T in an anti-trust case. High-tech Microsoft also found itself in a courtroom familiar with technology. One of Judge Edwards' aims in leading the court of appeals has been to introduce it to cutting edge developments. During the two days of hearings in front of the court in February, five of the seven judges used laptop computers. When asked in a Legal Times article how technology had changed the day-to-day operations of the court, Judge Edwards said: "Advanced technology has had such a profound effect on the day-to-day lives of the judges on our court that it is hard to know where to begin." |
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