States ask for 5 years of additional court oversight for Microsoft

States ask for 5 years of additional court oversight for Microsoft

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Story Published: Sep 11, 2007 at 11:16 AM PDT

Story Updated: Sep 11, 2007 at 11:16 AM PDT

By Associated Press

WASHINGTON (AP) - A group of states led by California asked a federal judge Tuesday to extend court oversight of Microsoft Corp.'s business practices for five more years.

The request comes as the antitrust settlement reached in 2002 between Microsoft, the federal government and 17 states is scheduled to expire Nov. 12. Microsoft has been under the supervision of the U.S. District Court for the District of Columbia for the past five years and has had to report regularly on its compliance with the settlement.

But Stephen Houck, an attorney representing California, said an extension was necessary to ensure that Microsoft's new Vista operating system continues to comply with the antitrust settlement.

"It would be short-sighted to end the final judgements just now," Houck told Judge Colleen Kollar-Kotelly.

California was joined in its request by Connecticut, Iowa, Kansas, Minnesota, Massachusetts and the District of Columbia. Two former members of the so-called "California Group," Utah and Florida, did not join the request. Officials from both states have said they believe the consent decree has been effective.

Kollar-Kotelly said she would consider the request, but added that any extension would need to be for an "identifiable purpose."

Currently, Microsoft is on track to be in compliance with the antitrust settlement when it expires, Kollar-Kotelly said.

An aspect of the consent decree dealing with software for computer servers was extended last year to November 2009. California also said it will request that that provision be extended for three more years, to 2012.

The Justice Department, meanwhile, said in court filings that it believes the antitrust settlement has been effective in encouraging the development of new software, such as competing Web browsers by Apple Inc. and Mozilla.

Aaron Hoag, a department lawyer, told Kollar-Kotelly that Vista has already been tested by a technical committee and shouldn't pose future antitrust problems.

California agreed to file its request in writing by Oct. 15. The court still plans to hold a final hearing on Microsoft's compliance with the consent decree Nov. 6.

Microsoft shares rose 35 cents to $28.83 in midday trading.

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