New York v. Microsoft Corp.’s Empirical Analysis

Citation profile

3 federal appellate · 5 district · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “server operating systems can perform a function akin to that performed by traditional middleware because they provide a platform for applications running ‘for’ use on a PC. The mandatory disclosure of the communications protocols relied upon by Microsoft’s PC operating system to interoperate with its server operating systems will advance the ability of non-Microsoft operating systems to in- teroperate, or communicate, with the ubiquitous Windows PC client. Advancement of the communication between non-Microsoft server operating systems and Windows clients will further the ability of these non-Microsoft server operating systems to provide a platform which competes with Windows itself.”

   2 later decisions quote this exact passage · from the majority
   e.g. 531 F. Supp. 2d 141 - New York v. Microsoft Corp. · Massachusetts v. Microsoft Corp.

2. “would not have any assurance that a particular functionality was present in any given configuration of the new unbound Windows [which,] at least in the short term ... would likely cause existing applications to fail. [In the longer run there is the risk that] software code distributed with one ISV's application would conflict with that distributed with another ISV's application, leading to the so-called `DLL Hell' problem that results when multiple versions of the same basic components try to coexist on a single PC.”

   2 later decisions quote this exact passage · from the majority
   e.g. 362 U.S. App. D.C. 152 - Massachusetts v. Microsoft Corp. · Massachusetts v. Microsoft Corp.

3. “Jurisdiction is retained by this Court over this action such that the Court may act sua sponte to issue further orders or directions, including but not limited to orders or directions relating to the construction or carrying out of this Final Judgment, the enforcement of compliance therewith, the modification thereof, and the punishment of any violation thereof.”

   2 later decisions quote this exact passage · from the majority
   e.g. 531 F. Supp. 2d 141 - New York v. Microsoft Corp. · Massachusetts v. Microsoft Corp.