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AOL asks court for 'forward-looking remedy' in Microsoft case By Patrick Thibodeau, Computerworld November 2, 2000 5:33 pm PT WASHINGTON -- AMERICA Online isn't willing to let bygones be bygones in the antitrust case against Microsoft and is urging the U.S. Court of Appeals to impose a "forward-looking remedy" on Microsoft, the company said in a legal paper filed Wednesday.
In court papers filed earlier this week, Microsoft opposed the multiple amicus curiae, or friend-of-the-court briefs, arguing that it would be "unfair" to the company and "unduly burdensome" to the court. Instead, Microsoft is urging the court to follow through with its suggestion that opponents file a single, combined brief. Meanwhile, the U.S. Department of Justice and a group of states involved in the case against Microsoft said in a short filing that the appeals court should allow "any amicus filings that it would find helpful". AOL acquired Netscape Communications in 1999 during the trial. Microsoft's actions toward Netscape's browser were at the heart of the government's claim that the company used its monopoly power in operating systems to thwart potential rivals. In its brief, AOL said it is "uniquely positioned" to respond to arguments that U.S. District Court Judge Thomas Penfield Jackson's ruling against Microsoft earlier this year only concerns conduct that is "simply a matter of the past that does not justify the imposition of an effective forward-looking remedy." "We believe that AOL's perspective as a leader in the development of the Internet and the owner of Netscape would be an important contribution to this court's evaluation of the appropriateness of the district court's judgment and remedy," said AOL. In June, Jackson ruled that Microsoft broke antitrust laws and ordered the company be split in two, dividing its applications business from its operating systems unit. The company is now appealing that decision before the appeals court, which took on the case after the U.S. Supreme Court rejected the government's request that it directly hear the appeal. For more enterprise computing news, go to www.computerworld.com . Copyright (c) 2000 Computerworld. All rights reserved. SPONSORED WHITE PAPERS
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