RSS feedsMicrosoft went to court to justify its response to an injunction investigation appears on the horizon in Japan. forcing the unbundling of Internet Explorer from Windows 95 yesterday but quickly found out that the judge was in no mood to argue.
The software supplier had been ordered by federal Judge Thomas Penfield Jackson to explain its noncompliance with his 11 December order to separate the browser from the operating system.
Jackson took exception when MS attorney Richard Urowsky claimed the firm had reviewed government briefs when allegedly complying with the injunction.
'Why should Microsoft be the one held in contempt of court when it is doing exactly as the court ordered?' he demanded. 'The Department of Justice (DoJ) should have known what it was asking for when it asked for the removal of IE.'
The judge interrupted: 'What the government requested is not the same as what I ordered.'
When Urowsky insisted the wording of the injunction was vague, Jackson snapped: 'Once the government said you were not in compliance, did you give any thought as to what you could do, or ask for guidance from the court?'
DoJ attorney Phillip Malone said MS could have told PC makers how to use the Add/Remove utility to remove the browser but instead offered them either an outdated version of Windows 95 or a version that does not work properly. 'Microsoft, through its actions, defied rather than complied with that order,' he said. 'We will establish that there is nothing unique about IE. If one uses the delete utility, there is no harm to the operating system.'
The DoJ called in expert witness Glenn Weadock, president of Denver-based Independent Software, who testified that it is simple to install and uninstall IE, although under cross examination admitted that if he were to delete all the files of IE 3, this would 'break Windows'.
MS insisted IE cannot simply be uninstalled. David Cole, VP in charge of internet at MS, said: 'It is difficult to separate the IE 3 files from the operating system because we tested them in an integrated fashion.
It essentially removes your ability to create an internet account and several other functions like email because it removes the Internet Wizard Connection.'
Jackson lost his patience when MS attorneys tried repeatedly to get Weadock to define where IE ends and Windows 95 begins.
The hearing continues on Wednesday, although it remains unclear whether Jackson will rule from the bench or issue a written opinion. He is not allowed to modify his order while in appeal.
Meanwhile, another government investigation loomed when the Fair Trade Commission (FTCJ) of Japan raided MS' Tokyo offices.
The FTCJ's probe concerns the company's decision to bundle Word with Excel spreadsheets in a bid to compete with a similar offering from Japan's leading software firm Justsystem. This would leave MS in violation of Section 19 of the Japanese anti-trust act.
MS associate general counsel Brad Smith said: 'The FTCJ examined any document that pertained to the competition between Microsoft and Justsystem.
We've seen Microsoft doing better in the wordprocessing market against a long-time market leader.'
The EU and South Korea have launched their own investigations. The EU is probing Microsoft's contracts with internet service providers and the distribution of IE, while South Korea wants information on the planned integration of Windows 98 and IE.
