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States May Cite Windows XP in Microsoft Case June 21, 2001 - Filed at 5:39 p.m. ET - WASHINGTON (Reuters) - The state attorneys general behind the Microsoft Corp. (MSFT.O) antitrust case say they may cite Windows XP as further evidence of the company's predatory behavior in any further proceedings in the case. Iowa Attorney General Tom Miller, an outspoken critic of Microsoft, said the company's decision to tie new software features into the Windows XP operating system and use it to promote Internet subscription services has raised concerns among the 19 state attorneys general who are party to the case. In a joint statement dated Wednesday with Connecticut Attorney General Richard Blumenthal, Miller said Microsoft's Windows XP strategy is "very troubling". "We're concerned that Microsoft may be doing some of the same things they did before", Miller said. "Our concern is history repeating itself with even more at stake -- with the Internet at stake." Miller, who was attending a meeting with other state attorneys general in Vermont, said Microsoft's addition of new features to Windows XP is reminiscent of the integration of its Internet Explorer browser into Windows 98. That move was seen by the government as an attempt to crush competition, provoking the U.S. Justice Department and the attorneys general to file their sweeping antitrust case against Microsoft in 1998. The case is currently before a panel of the U.S. Appeals Court in Washington, D.C. The appeals court is expected to strike down at least part of a harsh, lower-court ruling that called for a Microsoft break-up to prevent further antitrust violations. Antitrust experts believe the court probably will send the remainder of the case back to a lower court judge and order hearings to determine another remedy in the case. If the court upholds part of the case, Miller said the Windows XP complaints would be useful: "Then all this would be relevant in a remedy (hearing)." The new complaints are being promoted by a group of Microsoft's competitors, including Sun Microsystems Inc. (SUNW.O). However, it's unclear whether antitrust officials in the new Bush administration will pursue the case as aggressively as those under former president Bill Clinton. Antitrust experts believe Bush may be more open to settling with the company. They say the states would find it difficult to pursue a new case against Microsoft without the support of the Justice Department. Miller said the attorneys general have no current plans to file a separate antitrust case based on the Windows XP concerns. "We're not saying we would never sue them, but we're saying presently we're not considering a lawsuit", Miller said. Microsoft spokesman Jim Cullinan said it was premature to discuss future developments in the case before the appeals court issues its ruling. But Cullinan defended the company's decision to add new features to Windows XP. He reiterated the company's long-held view that such additions benefit consumers and do not harm competition. "No third party is prevented from running their applications on top of Windows", Cullinan said. "It's up to the consumers to decide what they want to do with their PC." Copyright 2001 Reuters Ltd. http://www.nytimes.com/reuters/technology/tech-tech-microsoft-a.html?pagewan ted=print janet paterson: an akinetic rigid subtype, albeit perky, parky . pd: 54/41/37 cd: 54/44/43 tel: 613 256 8340 email: [log in to unmask] . snail mail: 375 Country Street, Apt 301, Almonte, Ontario, Canada, K0A 1A0 . a new voice: the nnnewsletter: http://groups.yahoo.com/group/janet313/ . a new voice: the wwweb site: http://www.geocities.com/janet313/ . ---------------------------------------------------------------------- To sign-off Parkinsn send a message to: mailto:[log in to unmask] In the body of the message put: signoff parkinsn