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Microsoft asks for court rehearing

Software giant asks Court of Appeal to let it bundle its web browser and operating systems.

  • Ian Lynch
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Microsoft has asked the US Court of Appeals for a rehearing on how it blended, or "commingled", the code of its web browser with that of its operating system.

The Court upheld the original ruling that Microsoft had unfairly mixed in browser code with Windows in a manner that made it functionally difficult to remove the browser.

The finding was an important factor in the Court's position that Microsoft used its operating system near-monopoly to bully PC makers into packaging only its internet browser.

Similar concerns have now been raised over instant messaging and media player software scheduled to be bundled with the forthcoming Windows XP, due for launch on 25 October. Indeed, the issue has already ended a four-year agreement between AOL and Microsoft.

The Redmond giant says that there is no foundation for the original judgement, and wants another chance to convince the Court to allow it to blend its applications with its operating systems.

But Microsoft's contention contradicts moves made last week by the company to comply with the Court ruling. At the time, Microsoft all but admitted that Internet Explorer does not have to be integrated, and that PC manufacturers had the right to add and remove icons from the desktop.

This effectively allows them to replace applications such as Internet Explorer with an alternative, which has huge ramifications for new PCs shipping with Windows XP installed, as well as for the battle to establish dominant positions in the Instant Messenger and Media Player markets.

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