IP: Wild AOL vs MS in SJMN

[David Farber <dave () farber net>]

"
Insert bad Microsoft pun here: Microsoft on Wednesday filed a brief with 
the U.S. District Court for the District of Columbia Circuit alleging that 
rival AOL Time Warner has failed to disclose subpoenaed documents relevent 
to the landmark antitrust case against it. Microsoft also says AOL has been 
peddling a 39-page "preferred remedy" of its own to the nine non-settling 
states involved in the case. "AOL can't have it both ways," said Microsoft 
spokesman Jim Desler. "Their uncooperative attitude on document production 
stands in stark contrast to their active, behind-the-scenes involvement 
with the non-settling states." AOL disputes the allegations, and says 
Microsoft's requests for documents were irrelevant to the case. Asked to 
comment on Microsoft's motion, AOL executive John Buckley had only this to 
say: "We're not going to dignify it with a response."

But wait, there's more...The American Antitrust Institute plans to file a 
lawsuit against Microsoft and the U.S. Justice Department, charging that 
both failed to fully disclose discussions that led to a proposed settlement 
of the case. "The AAI believes both Microsoft and the DOJ have deliberately 
avoided the disclosure requirements of the Tunney Act process or offered 
incomplete or misleading information," the institute said in a statement. 
The planned filing follows Microsoft's admission that it had indeed 
communicated with members of Congress about its antitrust case. The company 
previously had filed a legal brief that disclosed no lobbying activity in 
connection with the antitrust case against it.

Incidentally, public comments on the settlement between the DOJ and 
Microsoft are due by Monday, Jan 28. If you wish to voice your opinion on 
the issue, send a message to microsoft.atr () usdoj gov. This is not a fool's 
errand. The judge is required by law to read public comments.
"
http://www.siliconvalley.com/opinion/gmsv/

For archives see:
http://www.interesting-people.org/archives/interesting-people/