Originally brought by the US Department of Justice and 20
states, the antitrust action was largely settled in 2002 when
Microsoft, the Justice Department and several states signed a
judicially-approved settlement.
As part of the settlement, Microsoft is monitored for compliance
with the agreement, and six-monthly reports are presented to
District Judge Colleen Kollar-Kotelly for her consideration. The
latest of these was published on 19th October, with two issues
being highlighted during Wednesday’s hearing.
The first related to Microsoft’s protocol analyser project,
code-named “Troika”, which is intended to improve the accuracy of
technical documentation provided to licensees under the
settlement.
Unfortunately, the project, due to be completed by February
2006, is running well behind schedule, and is now not expected to
be finished until at least October 2006.
“While Plaintiffs do not doubt that Microsoft has devoted
significant resources to this project, it is now clear that
Microsoft initially underestimated the complexity and difficulty of
the project by a substantial degree,” says the report.
The Judge was not pleased with the news.
"If it's an issue of resources, then put them in," she told
Microsoft during the hearing. "Do what it takes to get it
done."
The company was also berated over an error in a marketing
campaign that led to a draft specification being sent to a few
manufacturers of portable music players, advising that if they
wished to include a Microsoft CD with their product they would have
to do so on an exclusive basis.
Microsoft amended the draft as soon as it received a complaint,
and, according to CNET News, explained to the judge that the
exclusivity provision had been the responsibility of "a low-level
business person" who was not fully aware of the firm’s
obligations.
Government lawyers and the Judge accepted that no further action
was necessary, but Judge Kollar-Kotelly did express concern over
the incident.
"It seems to me that at this date, you should not be having
something like this occur," she said.
