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Microsoft Calls for Rehearing on Software Code Bundling Issue
Microsoft Corp. asked an appeals court on Wednesday to re-examine a June 28 ruling that the company illegally commingled code for Web browsing software with that of Windows computer operating system.
The software company said it filed the rehearing request with the appeals court because it believes the ruling was based on " clearly erroneous" findings of a lower court judge.
The U.S. Court of Appeals for the District of Columbia rejected last month the trial judge's order breaking up Microsoft, but upheld another ruling that Microsoft had operated as an illegal monopoly and harmed consumers.
Microsoft said the Justice Department had not backed up its claim that the company used the Web browsing software to further its operating system monopoly.
"A detailed analysis of the factual record discloses that the district court's finding that Microsoft engaged in unjustified ' commingling' of software code is clearly erroneous," the company said in its filing.
Microsoft spokesman Vivek Varma said the petition was "a good- faith attempt to seek clarification," and should not be read as unwillingness to settle the antitrust case.
Last week, the Justice Department and 18 states behind the case filed a motion asking the appeals court to speed up the antitrust case by immediately sending it back to the lower court to decide whether the software maker should be broken up.
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