Microsoft Subpoenas Thrown out of Court

liliafan writes "Following Microsoft's attempt to subpoena documents through US courts, relating to their ongoing anti-trust case in the UK, the judge in California has thrown the case out of court citing: 'As a matter of comity, this court is unwilling to order discovery when doing so will interfere with the European Commission's orderly handling of its own enforcement proceedings.' as his reasoning."

Comments

Ah, the backdoor approach.

[rob_squared]

I'm glad that the judge was paying attention. On average I have more respect for judges than elected officials (mind you, not 100% of the time).

And I learned a new word, comity: http://en.wikipedia.org/wiki/Comity

Comity is a term used in international law (and in the law governing relations between U.S. states) to describe an informal principle that nations will extend certain courtesies to other nations, particularly by recognizing the validity and effect of their executive, legislative, and judicial acts. This principle is most frequently invoked by courts, which will not act in a way that demeans the jurisdiction, laws or judicial decisions of another country.

Re:What documents?

[gstoddart]

The judge didn't say they were irrelevant, she said they were confidential and the U.S. legal system was not going to be used as an end-run around the E.U. legal system.

Re-read my post and TFA. A European judge placed restrictions on the kinds of information that Microsoft was allowed to obtain. A US judge said they couldn't bypass that ruling in a US court.

I find if frightenign that everyoen is willing to turn a blind eye to the E.U.'s corrupt legal system simpyl because it's Microsoft at the receiving end of the raw deal here.

Well, other than you saying the EUs legal system is corrupt, and Microsoft claiming it to be an "inquisitional" system, I'm not aware of any evidence to support that claim, so it's specious at best to say so. I would certainly disagree with the characterization that Microsoft is receiving a 'raw deal'.

Would people be as casual if this were Apple?

If Apple held a near monopoly over the computing industry, and used their position to prevent others from competing with them, absolutely. But Apple doesn't hold that kind of position.

This isn't a blind "Apple Good, Microsoft Bad" scenario -- Microsoft was accused of abusing a monopoly, and competing unfairly -- the same things they were accused of in the US before the DOJ lost their balls and stopped pursuing their own case. In fact, I believe Microsoft had already lost that case in the US, but they just never enforced it.

For the same reasons I agree that the Koreans should be able to impose restrictions on the way Microsoft does business there, I agree the Europeans have the same right. Their country, their trade laws. Microsoft doesn't get a free pass because they're a Big American Company.

Microsoft acts in a way as to impede or damage the software industries in other countries. Microsoft uses their position to make sure their products have primacy, and their competitors do not have access to that kind of influence or distribution channels -- they don't have a near monopoly. Like it or not, under the European system, Microsoft has been found in violation of antitrust laws.

Microsoft is still trying to fight those rulings, and was trying to get information they've been explicitly told by a European court they are not allowed to have. A US court agreed. In fact, that same US judge referred to the proceedings as the "orderly handling of its own enforcement proceedings".

You may be of the opinion that Microsoft does nothing but good, and should be allowed to do whatever they want without restrictions. Not everyone agrees with you.