MS judge to weigh broadening of case

Will consider evidence on new platforms


After delivering warnings last week against the unsettling States' broadening their case to the extent that they would, in effect, be starting a new liability trial, Judge Colleen Kollar-Kotelly has cheered them considerably by allowing them to put forward information on new technologies and devices. This doesn't mean she is going to accept the States' pitch that the current and future generations of software should be taken into account, but it does mean she's going to think about it.

This isn't yet a defeat for Microsoft, but it's not particularly good news. Ideally, Microsoft wants the judge to rule out everything not specifically covered in the case so far, and to focus on narrow remedies for the shopping list of antitrust violations that have been established. As these generally relate to past wars rather than what's going on today, Microsoft can live with the associated raps on the knuckles without having its current business plans overly destabilised.

The States, on the other hand, want to secure far more forward looking remedies, meaning the inclusion of matters that weren't covered earlier and the production of associated witnesses. The judge's agreement to at least hear those witnesses, and her admission that she needs more "factual information," is therefore a step in the right direction for them. It will however lead to considerably more courthouse in-fighting as the two camps attempt to persuade the judge to rule particular pieces of evidence in or out. ®


Other stories you might like

  • Snowflake stock drops as some top customers cut usage
    You might say its valuation is melting away

    IPO darling Snowflake's share price took a beating in an already bearish market for tech stocks after filing weaker than expected financial guidance amid a slowdown in orders from some of its largest customers.

    For its first quarter of fiscal 2023, ended April 30, Snowflake's revenue grew 85 percent year-on-year to $422.4 million. The company made an operating loss of $188.8 million, albeit down from $205.6 million a year ago.

    Although surpassing revenue expectations, the cloud-based data warehousing business saw its valuation tumble 16 percent in extended trading on Wednesday. Its stock price dived from $133 apiece to $117 in after-hours trading, and today is cruising back at $127. That stumble arrived amid a general tech stock sell-off some observers said was overdue.

    Continue reading
  • Amazon investors nuke proposed ethics overhaul and say yes to $212m CEO pay
    Workplace safety, labor organizing, sustainability and, um, wage 'fairness' all struck down in vote

    Amazon CEO Andy Jassy's first shareholder meeting was a rousing success for Amazon leadership and Jassy's bank account. But for activist investors intent on making Amazon more open and transparent, it was nothing short of a disaster.

    While actual voting results haven't been released yet, Amazon general counsel David Zapolsky told Reuters that stock owners voted down fifteen shareholder resolutions addressing topics including workplace safety, labor organizing, sustainability, and pay fairness. Amazon's board recommended voting no on all of the proposals.

    Jassy and the board scored additional victories in the form of shareholder approval for board appointments, executive compensation and a 20-for-1 stock split. Jassy's executive compensation package, which is tied to Amazon stock price and mostly delivered as stock awards over a multi-year period, was $212 million in 2021. 

    Continue reading
  • Confirmed: Broadcom, VMware agree to $61b merger
    Unless anyone out there can make a better offer. Oh, Elon?

    Broadcom has confirmed it intends to acquire VMware in a deal that looks set to be worth $61 billion, if it goes ahead: the agreement provides for a “go-shop” provision under which the virtualization giant may solicit alternative offers.

    Rumors of the proposed merger emerged earlier this week, amid much speculation, but neither of the companies was prepared to comment on the deal before today, when it was disclosed that the boards of directors of both organizations have unanimously approved the agreement.

    Michael Dell and Silver Lake investors, which own just over half of the outstanding shares in VMware between both, have apparently signed support agreements to vote in favor of the transaction, so long as the VMware board continues to recommend the proposed transaction with chip designer Broadcom.

    Continue reading

Biting the hand that feeds IT © 1998–2022