MS Not To Be Divided

The U.S`s federal appeals court tentatively handed the Microsoft (MS) a victory, overturning the court-ordered breakup of the MS.

The federal appeals court in Washington D.C. returned the case to the district court, pointing out that the original judgment to breakup the MS into the operating system company and the applied software company did not properly offer the ground to resolve the monopoly of the MS in the market.

The experts analyzed that the MS was released from the nightmare of the breakup by the court`s decision that the breakup cannot resolve the monopoly, and it is more plausible to search for other solutions. MS founder Bill Gates told that ``I am so pleased that the clouds of the breakup has disseminated. The intention of the MS`s technological innovation was acknowledged by the court`s decision``.

But it is hard to view this decision as the MS`s complete victory, because the appellate court ruled that the MS has violated the antitrust laws by engaging in illegal and anticompetitive conduct in the software market.

The Justice Department characterized the ruling that the court acknowledge the MS`s unlawful conducts as a government`s meaningful victory in a statement released after the court`s ruling.

The US`s major newspapers viewed that there are three alternatives for both parties such as appealing to the Supreme Court, to make a settlement, and/or asking the new judge who is to take over the case to impose penalties on Microsoft.

CNN prospected that ``after the court`s order for the breakup, the MS has attempted to settle the case outside the court, but the Justice Department and the federal government kept refuting it. Because the breakup became impossible, the Justice Department and the federal government will not be able to easily ignore the MS`s offer to reconcile.

And the New York Times analyzed that the Justice Department is likely to settle the MS case attempting for a reconciliation, pointing out the fact that the pro-business Republican regime is ruling unlike 1998 when the Justice Department launched the suit, and the MS donated $20 million to the Republican Party in the presidential campaign.

mickey@donga.com