Microsoft Corporation presented a 48-page summary brief to a U.S. District Court on Tuesday, urging Judge Thomas Penfield Jackson to dismiss the case immediately. Microsoft's request was coupled with evidence that browser rival Netscape Communications attempted to separate Internet Explorer from Windows 98 and was unable to do so, thus proving that the two are a single integrated product. The integration of Internet Explorer with Windows 98 is at the center of the government's case against Microsoft.
In a letter dated March 6, 1998, Netscape told Assistant Attorney General Joel Klein that Internet Explorer could not be removed from Windows 98.
“We are totally unable to provide examples of files that can or cannot be deleted from Windows 98 since, as we discussed this week, it is our understanding that it simply is not possible to delete any portion of Internet Explorer, or of \[its\] browsing functionality, from Windows 98 as presently configured without severely interfering with the operating system,” the letter reads.
"Based on the facts and the recent appeals court decision, we believe the case should be dismissed now, without a long and costly trial," said Microsoft's head legal counsel, William Neukom.
In addition to the Netscape evidence, Microsoft again reiterated that Internet Explorer/Windows integration was a benefit to customers and that the integration did nothing to prevent Netscape's browsers from running properly