MS sticks to its appeal schedule

David Lawsky

WASHINGTON: Microsoft Corp. Thursday asked the US Court of Appeals to approve

its proposed five-month schedule for filing written materials in its antitrust

case, rather than the 2-1/2 months proposed by the government.

The government Tuesday asked for the quicker process arguing it was

"essential" for a "critical sector" of the economy to move

quickly.

But Microsoft said in a follow-up to its original filing on Monday that the

government's real goal was to avoid giving the company a fair hearing.

"They seek not to minimize this court's burden, but to impose unfair

limitations on Microsoft's ability to present its arguments on appeal," the

company argued.

In June, a lower court judge ordered the company split in two after finding

it competed unfairly to protect a monopoly in its Windows operating system. The

judge also ordered other remedies, but stayed them until all appeals are

completed.

Last week, the Supreme Court turned down a direct appeal of the case,

rejecting a Justice Department argument that quick action was needed because

technology evolves swiftly. Instead, the high court sent down the case to seven

judges on the US Court of Appeals.

The government argued that the case should move quickly because while matters

were delayed there was no remedy in effect to end Microsoft's current behavior.

But the company said that "If there is no threat of irreparable harm -

and none has been shown here - the 'compelling public interest' is in a proper

disposition of the case, not one that is reached in haste."

Microsoft said on Monday it needed 60 days and four times the normal number

of words to make its case - 56,000 words. The government would get the same,

then after another 30 days Microsoft would have 27,000 words to reply.

Under the Microsoft plan, the government's first filing would occur some time

in February, after a new president had been sworn in.

The government proposed ending all of the legal filings by the year end.

Justice suggested filing dates of Nov. 1, Dec. 8 and Dec. 22, with the first

two briefs at 24,000 words and a reply brief at 7,000 words. In addition, states

which have also sued Microsoft would be allowed 7,000 words, to be filed on Dec.

8.

(C) Reuters Limited 2000.