Legal Update: Wrangling Over Windows XP

The recent appeals court verdict in the Microsoft antitrust case and the approaching release date of Windows XP have created a flurry of legal activity. Several parties have asked for injunctions against Windows XP, and the U.S. Senate will launch an investigation that will look closely at the new operating system (OS) and other areas of Microsoft’s business. Microsoft also appealed the entire antitrust decision—including the district court’s findings of fact—to the U.S. Supreme Court, primarily in an attempt to stall the case.

Since the verdict, legal bodies appear more likely to listen to complaints about Microsoft, giving competitors and unhappy partners a new bargaining chip to use against the company. The decision has also led to wider scrutiny of Microsoft’s business practices, such as OEM agreements for Windows XP, that previously remained “under the radar” for most media outlets. (For details of the appeals court’s decision, see “What the Appeals Court Said” on page 32 of the Aug. 2001 Update.)