Microsoft wins appeal case
by Graham Lea
Microsoft has won its appeal against a preliminary injunction to stop it from forcing PC makers to load both Windows 95 and Internet Explorer (IE).
A subsidiary victory also cancels the appointment of Professor Lawrence Lessig as a special master to assist Judge Jackson with technical matters.
In a strongly-worded minority opinion, Judge Judith Wald accused the two majority judges of the Washington DC court of appeals of "judicial abdication in the face of complexity", and "effectively exempting software products from antitrust analysis" so that the majority opinion "shorts traditional antitrust law".
The appeals court decision was delivered just two days before the launch of Windows 98, which was in itself significant judicial body language. Those close to the case were not surprised at the outcome. Microsoft has won everything it has requested except a confirmation that Lessig was biased against Microsoft.
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