Microsoft yesterday won a small victory in its antitrust battle with the US Department of Justice (DoJ) as the Court of Appeals agreed to hear what the software giant had to say in its defence.
The Court of Appeals also said it would consider putting a freeze on the business restrictions to be imposed on Microsoft following Judge Thomas Penfield Jackson's ruling earlier this month.
Judge Jackson ruled that Microsoft should be split in two - an applications company and an operating systems vendor. He also placed a number of immediate restrictions on the company, designed to prevent what the court ruled were predatory monopoly practices.
Microsoft last week requested to delay some of the penalties, which include the software giant being required to allow original equipment manufacturers to alter certain aspects of Windows.
The DoJ blasted this request and called for the case to go directly to the Supreme Court, because of its importance to the US economy.
However, Microsoft said it wants the lawsuit to go through the appeals process first hoping that it can prove what it claims are "erroneous" findings by Judge Jackson.
Now, it appears that Microsoft may get its wish, but the decision still ultimately lies with Judge Jackson, who may yet decide to send the case directly to the Supreme Court.
The Court of Appeals said that if this happens, it will step aside.
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