In light of the rumors AOL floated re. acquiring RH this has some
fascinating
overtones. Perhaps they intend to do just what it is that they accuse M$ of
fearing -- link Netscape with Linux and with some assistance from the courts
go right at the heart of M$.
Sure sounds good for Linux and fun to watch! :-)
doc
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
AOL Time Warner Sues Microsoft Over Browser Issue
Tuesday, January 22, 2002
AOL Time Warner filed an antitrust lawsuit against Microsoft in federal
court Tuesday, seeking damages for violations of antitrust law found in a
landmark government case against the software giant.
The seven-count lawsuit, filed in U.S. District Court for the District of
Columbia, said the once-dominant Netscape browser suffered harm through
Microsoft's unfair promotion of its own Internet Explorer browser.
AOL, which now owns Netscape, wants Microsoft to cease its contested
business practices and pay damages. Microsoft's Internet Explorer now
dominates the browser market.
A U.S. appeals court in June upheld findings in the U.S. Justice
Department's suit against Microsoft that the company illegally used its
monopoly in personal computer operating systems to maintain its dominance.
The Justice Department and nine states joining that case have reached a
proposed settlement. Nine other states are seeking stiffer penalties against
the software giant.
Microsoft bundled the Internet Explorer browser with its operating system,
leading to the government's suit.
The Justice Department and states had argued at trial that Microsoft feared
Netscape's popular browser could evolve into a computer platform that could
rival Microsoft's Windows operating system.
AOL executive John Buckley noted the court ruling and said, "This action is
an attempt to get justice in this matter."
The company also asked for an immediate injunction against "ongoing and
further damage" involving Netscape's browser, Buckley said.
One possible option, if a judge rules in favor of AOL, would be to force
Microsoft to sell a stripped-down version of its Windows operating system so
computer manufacturers could choose which Internet browser to offer. That
has also been requested by nine state attorneys general suing Microsoft in
federal court.
University of Baltimore law professor Bob Lande said of AOL and its lawsuit:
"This is a company that obviously can afford it, and wouldn't take the step
lightly."
"I think they've got an excellent chance of success given that the
government has established the facts and established that Microsoft has
broken the law," he said.
A judge would still have the challenge of choosing a remedy that would
restore competition to the Internet browser market. Netscape has only a
sliver of the Internet browser market, compared to its dominance several
years ago.
"You can't literally put the market back in the competitive position it was
in, so you'd have to think of a forward-looking remedy to help restore
competition in the market as best as possible," Lande said.
Reuters and the Associated Press contributed to this report.
http://www.foxnews.com/story/0,2933,43683,00.html
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