IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRI<;T OF COLUMBIA
STATE OF NEW YORK, et at.
Plaintiffs,
Civil Action No. 98-1233 (CKK)
v.
MICROSOFT CORPORATION,
Defendant.
Next Court Deadline:
April 22, 2009
Joint Status Conference
THIRD MODIFIED FINAL JUDGMENT
(Original Judgment Entered November 1, 2002;
modified September 7, 2006, and February 20, 2008)
Further Modified ~< c;l,.., 2009
The Plaintiff States of California, Connecticut, Florida, Iowa, Kansas, Minnesota, Utah,
the Commonwealth ofMassachusetts and the District of Columbia having jointly moved with
Microsoft for further modification of the Final Judgment in this matter, as modified heretofore, it
is hereby
ORDERED, ADJUDGED, AND DECREED as follows:
I. Jurisdiction
This Court has jurisdiction of the subject matter of this action and of the person of
Microsoft.
II. Applicability
This Final Judgment applies to Microsoft and to each of its officers, directors, agents,
employees, subsidiaries, successors and assigns; and to all other persons in active concert or
participation with any of them who shall have received actual notice of this Final Judgment by
personal service or otherwise.
III. Prohibited Conduct
A.
Microsoft shall not retaliate against or threaten retaliation against an OEM by altering
Microsoft's commercial relations with that OEM, or by withholding newly introduced
Case 1:98-cv-01233-CKK Document 706
Filed 04/22/2009 Page 1 of 14
forms of non-monetary Consideration (including but not limited to new versions of
existing forms ofnon-monetary Consideration) from that OEM, because it is known to
Microsoft that the OEM is or is contemplating:
1.
developing, distributing, promoting, using, selling, or licensing any software that
competes with Microsoft Platform Software or any product or service that
distributes or promotes any Non-Microsoft Middleware;
2.
shipping a Personal Computer that (a) includes both a Windows Operating System
Product and a non-Microsoft Operating System, or (b) will boot with more than
one Ope