Microsoft and the Department of Justice continued their war of words on Tuesday, following the supplier?s filing of court documents insisting it was in compliance with an injunction banning the bundling of Windows 95 and Internet Explorer.
In a seven-page briefing document, Microsoft insists that it is obeying the 11 December 1997 injunction from Judge Thomas Jackson by offering a series of options to OEMs, although it admits that some of the options include old or non-functioning releases of the software.
In reply, the Justice Department filed its own brief, repeating its claim that Microsoft is in contempt of court. It claims that Microsoft is deliberately confusing the technological argument so that it will not have to comply. "Microsoft construed the preliminary injunction to require what it knew would be a senseless result," it claimed.
The Department argues that Microsoft need not insist on the complete removal of IE code from Windows 95, which leaves the operating system degraded.
"Microsoft knew it could have deleted a much smaller set of files in order to remove the user?s ability to access and browse the Web using IE," it claimed in its brief. "Instead Microsoft offered OEMs only the option of removing every file in MSIE3.0EXE, knowing that this option would yield a senseless result, that the version of Windows it was offering to OEMs would not operate at all."
The two parties are due back in court on Thursday for closing arguments to Judge Jackson who will then decide whether Microsoft is in contempt.
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