DoJ hits back at Microsoft 'delay tactics'

Prosecutors moved on Friday to try and ensure that Microsoft is punished for abusing what they claim is its "Windows monopoly" before the software giant ships its new Windows XP operating system.

Department of Justice (DoJ) lawyers sought to speed up the penalty phase of the trial in a bid to outmanoeuvre what they regard as a delaying tactic by Microsoft.

Earlier last week, Microsoft asked the Supreme Court to overturn a Court of Appeals decision that upheld the original US District Court ruling that the company abused its Windows monopoly.

In addition, Microsoft asked that the penalty hearings, which are due to start in the District Court later this month, be put on hold until the Supreme Court makes a decision.

That request angered the DoJ and the 18 states that are suing Microsoft. They fired off a brief to the Court of Appeals asking it to reject Microsoft's request to put the case on hold pending a Supreme Court review.

If the Court of Appeals sides with Microsoft there will be no penalty hearings until near the XP scheduled release date of 15 October, because the US Supreme Court does not traditionally resume business after the summer until the second Tuesday in October, which is only six days from the shipping date.

"The sooner remedial proceedings begin, the sooner a resolution can be crafted to assure competitive conditions. Each day of delay contributes additional injury to the public interest in competition," the prosecutors said in their filing.

They also scoffed at the software company's appeal. "Microsoft has little prospect of obtaining a [Supreme Court] review, let alone winning a reversal of this Court's unanimous ... judgement," the filing said.

There is no indication when the Court of Appeals will make a decision.