Villanova Law Review








RAPID developments in the software industry underlie both the Gov ernment's antitrust proceedings against the Microsoft Corporation 1 and the lawsuit brought by Sun Microsystems, Inc. ("Sun") against Microsoft in which Sun is asserting claims grounded in breach of contract, trademark infringement and unfair competition. 2 In October 1997, the Government challenged the Microsoft Corporation's right to bundle its internet browser (the Microsoft Internet Explorer 4.0) with its Windows 95 operating system. 3 That proceeding was brought as a request for an order to show cause why Microsoft should not be held in contempt for violating a consent decree ending a suit brought by the Government in 1995, the primary focus of which was on Microsoft's licensing practices. In May 1998, the Government instituted a new action against Microsoft. This new action again challenged Microsoft's bundling of its browser with its operat ing system, including its new Windows 98 operating system. 4 In the new action, the Government also challenged the tie as monopolization and at tempted monopolization. 5 In addition, the Government added other claims, including an alleged attempt to divide the browser market with Netscape 6 and several agreements with internet services providers and in ternet content providers, 7 matters which are not discussed in this Article.

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