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Judge: 'Google is not a party in the case' (Updated)

Updated below with Google and Microsoft comments.

Based on reports out of Washington, D.C., this morning, U.S. District Judge Colleen Kollar-Kotelly didn't officially rule on Google's motion seeking permission to formally file its brief asserting its position in the Microsoft antitrust case. However, her comments appeared to highlight the challenge Google could face in seeking to have its position considered directly by the court: Google is not a plaintiff in the case, and the Justice Department and state officials say they're satisfied with last week's compromise over Windows Vista desktop search.

From Bloomberg News: "Google is not a party in the case," the judge said at a hearing today in Washington. "I do rely on the plaintiffs, as representatives of consumers, to report problems to me."

Also see coverage by Reuters, and see this morning's story for more background.

Update, 11:20 a.m.: Microsoft's general counsel, Brad Smith, said via phone that the company was pleased to hear the judge's comments this morning. "I think this does resolve the issue," Smith said. "We obviously now have to go forward and do a very good job with the technical work that we have agreed to do. So we'll obviously be very focused on doing that." He added:

"It certainly sounds from the comments that were made in the courtroom that everyone recognizes that the governments are the plaintiffs, the governments are the ones who represent the interests of consumers, the governments are the ones who advise the court on whether they are satisfied," Smith said. "Google does not have the standing to do any of those things, regardless of whether its brief is somehow accepted into the court's file."

Google didn't give any immediate indication of whether it would press the issue further. However, in a statement, the company didn't allude to the areas where it believes the desktop search compromise falls short, as it did previously. Instead, it highlighted the changes that were brought about as a result of its original complaint, and the need to make sure those changes are implemented.

Here's the statement, from Alan Davidson, Google senior policy counsel:

"This is about making sure that consumers have easy access to the widest choice of tools they want. As a result of our raising concerns about Vista desktop search, the Department of Justice and the states secured remedies from Microsoft that will provide consumers more choices than existed before. We are pleased that the authorities have provided important oversight here, and hope they will closely monitor the implementation to ensure that consumers' interests are served."

Posted by at June 26, 2007 10:46 a.m.
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