M$ Antitrust Ruling Issued Favoring the Proposed Settlement

for the most part. We received 7 PDF files attached to an email from the court on the ruling. One is a non-legal 22-page executive summary for the public because the ruling itself is some 324 pages long plus appendices and literature citations and the issues are complex.

Here are the press releases of the Justice Department and Microsoft.

Judge Colleen Kollar-Kotelly's ruling begins by citing Cervantes from Don Quixote: "There is a remedy for all things but death...." before sorting through the case's history and the various requests of the plaintiff states and Microsoft and ruling on them. Not all findings are against the plaintiff states and not all are in favor of Microsoft. But by and large she approved the proposed settlement. She cited the Appellate decision in narrowing the scope and stringency of the penalties but noted a number of provisions she labelled as forward looking. But those who have been looking for punishment, harsher penalties or sanctions against more recent "bad" behavior will be disappointed.

On the positive side, the Judge tighted up the enforcement provisions and added strict provisions to prohibit even threats of retaliation by M$ against computer companies that use non-M$ middleware and software. She also retained jurisdiction to facilitate enforcement and to allow for a two-year extension of the five-year provisions if Microsoft willfully and systemically violates them. She made the technical committee sought by M$ optional for the plaintiff states rather than a requirement.

Judge Kollar-Kotelly rejected a "Special Master" requested by the plaintiff states but set up a compliance officer, independent from M$ but paid by M$, to ensure that officers and directors of M$ understand the remedy's provisions. The Judge specifically stated that the M$ Directors who testified before her will be held strictly to their words of contrition and compliance, citing Machiavelli in The Prince: "Let it not be said of Microsoft that '...a prince never lacks legitimate reasons to break his promise,' for this court will exercise its full panoply of powers to ensure that the letter and spirit of this remedial decree are carried out."

We'll see.