In papers filed yesterday with the Court of Appeals for the District of Columbia, Microsoft has asked for a swift decision on its appeal of last week?s ruling, claiming that the IT industry, the public and even ?significant segments of the United States economy? are harmed by the injunction it incurred.
Last week, a US District Judge issued a preliminary injuction against Microsoft, forcing it to unbundle Windows and Internet Explorer while an expert investigated the issue further. The expert is to present his report by 31 May.
Microsoft appealed the decision on Monday, claiming the judge went further than the DoJ's original complaint.
Yesterday, Microsoft filed a so-called Motion for Expedited Consideration. The full text of the 18-page document was posted on Microsofts Web site.
The Microsoft document contains an admission that the temporary injunction also effects Windows 98, something the Redmond company had earlier denied. The injuction is applicable to ?any Microsoft personal computer system software?, Microsoft states.
The Microsoft motion claims that both the public and its own reputation will suffer if the company is forced to ship a product it says is ?fundamentally flawed?. It also suggests Microsoft itself, as well as other parties are harmed by uncertainty on whether Windows 98 will ship, as planned, in the second quarter of 1998.
Delay in the shipment of Windows 98, and uncertainty about the features it will contain, will affect software developers who are developping applications for Windows 98 and hardware manufacturers who are designing their next generation hardware to be compatible with the new operating system, Microsoft maintains.
A large part of Microsoft's argument appears to be based on the fact that the District Court had itself defined Internet Explorer 3.0 as ?the software code that Microsoft itself now seperately distributes at retail as ?Internet Explorer 3.0??. This leads Microsoft to conclude that the injuction requires it to blindly erase from Windows 95 any file that is shipped with Internet Explorer 3.0 - possibly including files that are also used by the operating system or by other applications.
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