This is Steve Emberwith the VOA Special English program IN THE NEWS.
In November, a Washington D-C judge found the MicrosoftCorporation guilty of misusing its power to control the market forcomputer programs. Judge Thomas Penfield Jackson announced hisfindings after months of trial. He said Microsoft uses its power toillegally block competition.
Judge Jackson later ordered that Microsoft be divided into twosmaller businesses. The Microsoft Corporation quickly appealed JudgeJackson's ruling to a Federal Court.
Last week, the Federal Appeals Court ruled on the case. It saidMicrosoft Corporation was guilty of creating a company that used itspower to block competition. The seven Appeals Court judges agreedwith Judge Jackson that Microsoft limited creativity in the computerindustry and harmed the public. They said that Microsoft was guiltyof violating several federal laws.
However, the Federal Appeals Court also said the Washington D-Ccourt must reconsider its order to divide Microsoft into two smallercompanies. The federal court dismissed Judge Jackson's decision. Theappeals court judges accused Judge Jackson of not being fair duringthe Microsoft Trial. They severely criticized him for comments hemade about Microsoft and its chairman to reporters during the trial.
The Federal Appeals Court also said Judge Jackson repeated thesemistakes several times. It said the public would lose its trust in alegal system that permits judges to speak their opinions toreporters during a trial.
Legal experts say both the federal government and Microsoft canclaim small victories with the Federal Appeals Court ruling. Theexperts say government lawyers were able to prove that Microsoft isguilt of violating federal laws. At the same time, Microsoft canclaim a victory because it may not have to divide into two smallercompanies.
Legal experts say government lawyers and the lawyers forMicrosoft must now choose one of three different possible paths.First, either side could appeal the Federal Court's decision to theSupreme Court. Or, they could request a new trial before a differentlower court judge to consider some of the unresolved legalquestions. A third choice is for both sides to reopen negotiationsto try to settle the case privately. Such efforts failed during theClinton administration.
.Bill Gates is the head of Microsoft Cooperation. He says it isnow a good time for all the groups involved to discuss the situationand see what kind of solution could be negotiated.
Most legal experts believe that the Microsoft company andgovernment lawyers will come to an agreement during futurenegotiations. They say Microsoft may be punished by being forced topay money.
This VOA Special English program IN THE NEWS was written by PaulThompson. This is Steve Ember.