Microsoft judgement day postponed in DoJ city

The showdown between Microsoft and the US Department of Justice (DoJ) ended in disappointment on both sides when the presiding judge failed to make a ruling.

In October, the US government charged Microsoft with violating its 1995 anti-trust agreement stating it would not abuse its dominant position in the software market. Microsoft was charged with forcing PC manufacturers to bundle Internet Explorer 4 with Windows 95 after receiving complaints from various OEMs.

On 5 December, Judge Thomas Penfield Jackson listened to both sides of the argument but refused to make a ruling. No further hearing was scheduled.

The judge did not request further filings or evidence from either side.

The court case centres on whether Explorer should be viewed as separate from the OS. In a two-hour hearing, Microsoft claimed Windows would be 'fractured and shattered' if Explorer was removed.

When pressed on whether Explorer could be bought separately, Microsoft's lawyers conceded that it can be bought from the retail channel, but insisted this had nothing to do with its largest sales channel with OEMs.

US Department of Justice attorney Philip Malone told the court that Microsoft's reading of the agreement 'permits everything and prohibits nothing'.