MICROSOFT - SURPRISE GOOD NEWS!Judge Thomas Penfield Jackson Thomas Penfield Jackson (born January 10, 1937) was a United States District Court Judge for the District of Columbia. He was appointed in 1982 after serving as president of the District of Columbia Bar Association. He is currently an attorney with the Jackson and Campbell, P.C. unexpectedly gave Microsoft a substantial victory by staying the imposition of operating restrictions which flowed from his decision, and simultaneously certified the antitrust case Noun 1. antitrust case - a legal action brought against parties who are charged with limiting free competition in the market place
action at law, legal action, action - a judicial proceeding brought by one party against another; one party prosecutes another for a to the Supreme Court.
The restrictions were due to go into effect on Sept. 5, and would have severely hobbled Microsoft, and crippled crip·ple
1. A person or animal that is partially disabled or unable to use a limb or limbs: cannot race a horse that is a cripple.
2. A damaged or defective object or device.
tr.v. its new bet-the-company "Net" strategy, even while the appeal was pending.
Although the U.S. Court of Appeals had reached out for the case prior to Judge Jackson's ruling it will now stand back and wait for a Supreme Court decision on whether to hear the case directly, or send it back to the USCA USCA®
An abbreviation for U.S. Code Annotated. for further briefing and decision.
Certifying the appeal to the Supreme Court by no means assures that the Supreme Court will hear the case since it may wish to have the additional factual information and briefing that would flow from a more orderly appeal through the USCA (see EDP (Electronic Data Processing) The first name used for the computer field.
EDP - Electronic Data Processing Weekly, June 19).
The Supreme Court will remain in session for another week or so and then will recess until October. However, the DOJ (Department Of Justice) The legal arm of the U.S. government that represents the public interest of the United States. It is headed by the Attorney General. and Microsoft have agreed upon Adj. 1. agreed upon - constituted or contracted by stipulation or agreement; "stipulatory obligations"
noncontroversial, uncontroversial - not likely to arouse controversy a fast-track briefing schedule which will put their briefs before the Supreme Court by Aug. 22. With the briefs before it, the Supreme Court can then decide whether to hear the case or send it back to the USCA.
Microsoft obviously believes it has a better chance before the USCA and prefers that route. In either case it will be able to continue operations without restrictions until a final decision which may easily take a year or more. However, the world (which includes the government and its competitors) will be watching its actions.
Microsoft was clearly the winner, and the government the loser, in this two-pronged decision since it succeeded in having the restrictions on its operations delayed pending a final decision, while at the same time is still alive on the issue of whether the case will proceed through the U.S. Court of Appeals before it reaches the Supreme Court.