Microsoft, once again, calls for case dismissal

Lawyers for Microsoft Corporation and the U.S. Department of Justice appeared in court again on Friday, attempting to give their spin on the latest attempt by Microsoft to have the antitrust case against it thrown out. The day ended, however, without any decision from the judge or any indication when such a decision might be rendered.

One bad sign for Microsoft, however, was the judge's reaction to answers given by Microsoft attorney John Warden. Judge Jackson asked Warden to clarify his description of how Windows/Internet Explorer integration benefited consumer several times.

"What advantages are derived by the consumer from having Microsoft integrate IE instead of the OEM or the consumers themselves?" Jackson asked. "Are you saying you can't provide that functionality separately, say on a CD-ROM?"

Warden said that, "Nowhere in the antitrust statutes does it say a product maker should disable one functionality so that someone else can provide it."

Warden, who repeatedly referred to Netscape Communications as "the government's ward," reiterated Microsoft's claim that Windows and Internet Explorer were integrated into a single product. He called the DOJ's case "half-baked."

"The antitrust laws don't have technological inferiority as their aim," Warden said

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