From: glen mccready 
  To: Dead Beef <0xdeadbeef@substance.abuse.blackdown.org>
Date: Tue, 25 Jul 1995 22:48:40 -0400

---------- Forwarded message ----------
Date: Tue Jul 25 14:30:25 1995
From: Keith Bostic <bostic@CS.Berkeley.EDU>
To: /dev/null@python.bostic.com
Subject: US GOVERNMENT BACKS DOWN; WITHDRAWS MICOROSFT SUBPOENA

Forwarded-by: Herb Peyerl <hpeyerl@novatel.ca>
Forwarded-by: Chris LaFournaise <cjl@sequent.com>

**** Newsflash,  Unigram.X & ClieNT Server News ****
New York, 21st July 1995

US GOVERNMENT BACKS DOWN;
WITHDRAWS MICOROSFT SUBPOENA

The US government appeared to end its cat and mouse game with Microsoft
this morning and throw in the towel.  However, it might only be a prelude
to assault, legal experts say.  Rather than seek an injunction against
Windows 95 coming to market with one-button access to the Microsoft
Network, as had been much rumored all week, on Friday morning July 21- in
a surprise move - it withdrew the subpoena it had served Microsoft last
month seeking to broaden its probe of MSN and build an antitrust case
against accessing it through Windows 95.

The subpoena asked for a massive amount of documents.  Microsoft resisted
the subpoena and appealed to the US federal courts for relief, buying it
time to get Win95 with the button to manufacturing.  In her letter this
morning to the judge preparing to hear oral arguments on the case on
Monday 24 July, assistant attorney general Anne Bingaman said that Win95's
going to manufacturing last week made further arguments over the subpoena
moot.

It is believed Microsoft had this end in mind when it resisted the
subpoena.  The DOJ's case against Microsoft, as outlined in a brief it
filed with the courts earlier this month, however, looks like it's
stretching things.  Despite its backing off, the Justice Department says
it still could decide to sue Microsoft based on the information it had
already accumulated.  If such moves come, Bingaman indicated in her letter
to the judge, it would be before Win95 launches on August 24.

Legal experts close to the case say Bingaman is more likely than ever to
move against Microsoft now and that canning the subpoena just gets her
out from under the necessity of waiting for the judge to decide whether
to enforce the subpoena.  Having waited this long, however, the government
is likely to be for considerable - and justifiable - criticism that it is
damaging the US economy.  It must realiize that and perhaps its vow to
continue the investigation is just a face-saving gesture, nothing more.
If the government truly backs down, its decision will cause much weeping
and gnashing of teeth among onliners.  Only this week American Online,
Prodigy and Compuserve in company with Microsoft enemy Sun Microsystems
attempted to rally support in congressional circles for the probe.