The government is also asking that the divested Microsoft
"Microsoft could never have developed Windows under these rules. Looking forward, this kind of regulation would make it impossible for Microsoft to develop the next generation of great software," he said.
The proposal was submitted to U.S. District Judge Thomas Penfield Jackson
shortly after Friday's market close. Jackson ruled on April 3 that Microsoft repeatedly broke federal antitrust
laws intended to maintain fair competition by using its power in computer
operating systems to stomp on its rivals.
The government plan contained restrictions on Microsoft business
practices, noting that neither of the divested companies would be allowed to
threaten personal computer manufactures for using rival products or to
withhold licenses and technical support needed to use the former Microsoft
products.
The new operating system company would be required to disclose key
source code to developers of Windows applications. The company would also be
barred from designing software for the purpose of interfering with or
degrading the operations of rival products and be required to treat all
hardware and software makers equally with respect to pricing, licensing of
Microsoft products and access to required technical codes.
Further, the Justice Department asked for a ban on tying future use of
Windows to any other Microsoft products.
The proposal, if accepted by the judge, would bar Microsoft Chairman and
Co-Founder Bill Gates, as well as company officers and directors, from owning
stock in more than one of the new companies.
Microsoft has said it will appeal Jackson's
ruling and insists no laws were broken. Following the
release of the government plan Microsoft spokesman Rick Miller said the government's proposal would hurt customers, hinder innovation and
would likely face defeat in the court system.
"These demands are not
supported by the facts and are not likely to be sustained by the judicial
system," said Miller.
Microsoft has until May 10 to respond to the government's filing, but it
is expected to request an extension. Following that, the government will get
another week for a rebuttal. An open court hearing on the proposed remedies
is scheduled for May 24.
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