Govt Seeks To Hold Microsoft In Civil Contempt

The US Justice Department Wednesday asked a federal judge to hold Microsoft Corp. in civil contempt for violating a court order that barred the software giant from tying Windows 95 to its Web browser.

As part of its motion in an escalating legal battle, the Justice Department asked U.S. District Judge Thomas Penfield Jackson to compel Microsoft to give computer makers a meaningful option of licensing Windows 95 without the browser.

Microsoft was ordered last week to offer its Windows 95 operating system without tying it to the browser. So far it has offered computer makers a version the company says will not work or a 2-1/2 year-old version the Justice Department says is out of date.

 

If the Redmond, Wash., software giant fails to follow a new order by the judge, the Justice Department recommends a $1 million-a-day fine.

Microsofts naked attempt to defeat the purpose of the courts order and to further its litigation strategy is an affront to the courts authority; the court accordingly should hold Microsoft in civil contempt and act swiftly to bring it into compliance, the Justice Department told Jackson.

Government trustbusters also asked the judge to act quickly, and seek a response from Microsoft by Friday.

The Justice Department asked that Microsoft be ordered to offer computer makers the most current version of Windows 95 with the same changes already made to it as would result when a user activiates the add/remove uninstall utility in such a version of Windows 95 and removes Internet Explorer from it.

While the Justice Department acted, states have been working together to bring their own LAWsuits against Microsoft. A Justice Department official said the two processes are going forward. We have discussed matters with the states but we are not coordinating.

The civil contempt citation sought by the Justice Department would apply only to future actions of Microsoft. If the judge granted the petition and the software company complied, there would be no fine. But if it did not comply, a fine or other remedy ordered by the judge would take effect.

The issue arises out of a bitter rivalry between Microsoft and Netscape Communications Corp. for share of the market for Web browsers, which are needed to access the Web and other information on the Internet.

Some surveys show that Microsoft has been gaining market share at the expense of Mountain View, Calif.-based Netscape.

In California, a Netscape spokeswoman expressed satisfaction with the governments action.

We didnt think it was a good-faith attempt by Microsoft to comply with the courts order and the government appears to see this the same way, the spokeswoman said. Microsofts response is almost daring Justice or the courts to do something like this.

Earlier this week, Microsoft appealed Judge Jacksons prelminary injunction to the U.S. Court of Appeals for the District of Columbia. It said his reasoning was seriously flawed.