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By Stefanie Olsen
Posted on ZDNet News: Mar 12, 2004 2:15:00 AM

A federal judge on Thursday denied Microsoft's motion for a change of venue in the civil suit filed by RealNetworks, which charges the software giant with anticompetitive business tactics.

U.S. District Court Judge James Ware rejected Microsoft's arguments that a trial in San Jose, Calif., would take longer, inconvenience the company and force it to face a more hostile jury. Microsoft had requested that the trial be moved to Seattle.

"The court finds that a transfer would not serve (the interests of convenience or justice) any more than having the case proceed here," Ware wrote.

Streaming media provider RealNetworks filed a civil suit against Microsoft in December, seeking more than $1 billion in damages from the company on charges that it illegally used its Windows monopoly to hurt digital media rivals.

RealNetworks' suit, filed in federal court in San Jose, alleges that Microsoft has "pursued a broad course of predatory conduct over a period of years...resulting in substantial lost revenue and business for RealNetworks."

Microsoft in recent weeks formally denied the charges in a 31-page legal filing. The Redmond, Wash.-based company argues that RealNetworks has suffered no injury as a result of its conduct, which it defended as "permissible competitive activity."

Microsoft, which makes Windows Media Player, added that there is little evidence of slackening competition in the digital media market.

The software giant could not be immediately reached for comment on the judge's motion.

RealNetworks spokesman Greg Chimengo welcomed the decision. "We look forward to presenting our case to a jury in San Jose, where key third-party witnesses can give important testimony in person."

Earlier this week, RealNetworks filed a lawsuit against Major League Baseball Advanced Media, claiming the league violated a contract that required it to use the streaming media company's software. It is seeking a temporary restraining order in U.S. District Court to compel MLBAM, a division of Major League Baseball, to use its formats.

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  • Most Recent of 42 Talkback(s)
Real Player, Real One, and Real Alternative
The idiots at Real cut their own throats when they replaced the half-decent Real Player 8 with the thoroughly rotten Real One.

If you have either of the above, uninstall it and get Real Alternative from www.free-codecs.com .... (Read the rest)
Posted by: Neil Parks Posted on: 03/17/04 You are currently: a Guest | | Terms of Use
Real is a money-making entity...  Martin Marvinski | 03/11/04
can't agree with you more...  ryusen | 03/12/04
Re: can't agree with you more...  Shining Arcanine | 03/13/04
nice try, link you provided is an m$ sponsored site (nt)  stephen732@... | 03/14/04
you disagree with the wrong point.  ryusen | 03/15/04
hey, our products suck..  eLurker | 03/12/04
too true...  ryusen | 03/12/04
I agree with everything except...  Shining Arcanine | 03/13/04
Re: Confusion  Rabid Conservative | 03/15/04
I missed one thing...  Shining Arcanine | 03/13/04
let's see the code!  stephen732@... | 03/14/04
Name change?  Rabid Conservative | 03/15/04
and i have a right to sue  ryusen | 03/15/04
Real and M$  crocd | 03/12/04
Leave Real trial where its at  FilledOut | 03/12/04
Frozen WinNT 4.0?  frozenJim_z | 03/12/04
I thought ZDNet was a technology website NOT a Flame site  IT Christian | 03/12/04
TOTALLY AGREE  Kamakazii | 03/12/04
TOTALLY AGREE  Loverock Davidson | 03/12/04
Nice thought but,  el1jones | 03/12/04
My thoughts exactly  IT Christian | 03/12/04
Waitasec... who bought ZD recently?  frozenJim_z | 03/12/04
ZDNET has jumped the shark a long while back  Squawkbox | 03/12/04
always been a flame site  Nullifidian | 03/12/04
Not always...  Rabid Conservative | 03/15/04
You are right.  frozenJim_z | 03/12/04
Technology vs. Flames  Rabid Conservative | 03/15/04
Market share  richhayes | 03/12/04
media players  Arm A. Geddon | 03/12/04
ZDNet will be renamed to TabloidNET [news]  IT Christian | 03/12/04
Ah, San Jose...I get it...  KTLA | 03/12/04
Move it to Seattle! LOL!  Nullifidian | 03/12/04
M  P. Douglas | 03/12/04
Another Professional Sick of the Tabloids  frozenJim_z | 03/12/04
Language, please.  Update victim | 03/12/04
sure sounds funny  eLurker | 03/13/04
Language ?  Update victim | 03/12/04
The Anti-Mike Cox Speaks...  MacCanuck | 03/15/04
Same old MS tactics  Spanna | 03/15/04
A Plague on both their houses!  Rabid Conservative | 03/15/04
RealNetworks  SeaDog54 | 03/15/04
Real Player, Real One, and Real Alternative  Neil Parks | 03/17/04

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