Microsoft Told Its Claim Was Contradicted

WASHINGTON — A federal judge Friday told Microsoft Corp. he watched as the company’s Web browser was easily uninstalled without breaking Windows 95 and ordered company officials to explain why they could not do the same.

“Windows 95 functioned flawlessly” with Internet Explorer uninstalled, U.S. District Judge Thomas Penfield Jackson told Microsoft.

Last week he ordered the company to make its Windows 95 software operating system available to PC makers without also requiring them to accept Internet Explorer. The company called Jackson’s decision unworkable and appealed it.

Nonetheless, Microsoft said it had complied with his order by offering computer makers the choice of an old version of Windows 95 or one that the company says will not work.

Personal computer makers may instead buy an up-to-date system with both Windows and the Web browser installed.

At a hearing to schedule arguments over a government allegation that Microsoft is in contempt of Jackson’s order--and should be fined $1 million a day--the judge said he had seen a demonstration showing that Microsoft’s Web browser could be uninstalled in about 90 seconds.

He said a court employee had used a new Micron computer with the latest version of Windows 95 as he watched.

“I was given a demonstration,” Jackson said. After the uninstall, he said, “Windows 95 functioned flawlessly.”

The judge then explained the simple steps the employee had followed to uninstall the Internet Explorer Web browser. At the end, a message flashed on the screen saying that Internet Explorer had been “uninstalled successfully.”

Jackson said the program could be reloaded with equal ease in what appeared to be a very simple process.

Microsoft must file a brief by Tuesday explaining its position and the government will file a response on Dec. 29. The judge set a hearing for Jan. 13, with each side permitted only one witness.

After the hearing, Brad Smith, associate general counsel of Microsoft, said the uninstall mechanism described by the judge actually left 97% of Internet Explorer intact, removing little more than the icon on the screen known as the desktop.

He said that despite what Jackson said about the program functioning flawlessly, the removal breaks functions in Windows 95, such as the ability to easily download other Web browsers.

Smith said Windows 95 is a technologically complex product that is best left alone by the government.

The Justice Department, however, is beefing up its legal team. It has retained David Boies, a highly regarded New York lawyer, to help try the case against Microsoft.

Microsoft stock closed at $128.69, down $2.19 on Nasdaq, where it was among the most active issues.