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To expand on this: they basically won the right to bundle on appeal, but they were found to have abused their market power in support of IE. First Trial: > On
by rovolo 6y ago
To expand on this: they basically won the right to bundle on appeal, but they were found to have abused their market power in support of IE.
First Trial:
> On June 7, 2000, the court ordered a breakup of Microsoft as its remedy.[19] According to that judgment, Microsoft would have to be broken into two separate units, one to produce the operating system, and one to produce other software components.
Appeal:
> On November 2, 2001, the DOJ reached an agreement with Microsoft to settle the case. The proposed settlement required Microsoft to share its application programming interfaces with third-party companies and appoint a panel of three people who would have full access to Microsoft's systems, records, and source code for five years in order to ensure compliance.[29] However, the DOJ did not require Microsoft to change any of its code nor prevent Microsoft from tying other software with Windows in the future.
- dragonwriter 6y ago> they basically won the right to bundle on appeal, If, by “appeal” you mean “settlement negotiated with the new, Microsoft-friendly Administration”, that is correct. That’s not what “appeal” usually means in a legal context.
- abduhl 6y agoIf you’re convicted of murder because the government dismissed black jurors due to their racial prejudices in order to assure the jury was all white and then the conviction is overturned on appeal and the prosecutor declined to reprosecute, are you guilty of murder? No. You aren’t. More closely: if you take a plea bargain and plead guilty to breaking and entering instead of murder, are you guilty of murder? What if you only agreed to the plea bargain because you didn’t want to spend the millions of dollars to litigate again? This latter hypothetical is the reality of corporate prosecution in America: companies will settle just to avoid tainting their reputation and spending the cash to win on the merits. That doesn’t mean that they’re guilty.
- deleted 6y ago[deleted]
- ClumsyPilot 6y agoMost jurisdictions do not consider American Plea bargains a proper legal process. You are suppose to be tried in a public process by an impartial judge and a jury of peers, not making a deal behind closed doors with a prosecutor looking to advance his career.