Another provision says, "Nothing in the amendments made by this Act shall be construed to affect court-ordered remedies, affirmative action, or conciliation agreements that are in accordance with the law."

That strategy carries a risk that some new evidence in the antitrust case will be thrown out, but also the possibility that any court-ordered remedies against Microsoft will be tougher.

The educational community refers to this as a "court-ordered remedy."

The court-ordered remedy has included elaborate magnet schools, lower class sizes and a tax increase for the district's taxpayers that the Supreme Court upheld in a 5-to-4 opinion in 1990.

He said he believed the court would recognize that progress, and that the state would prevail if the plaintiffs sought more ambitious court-ordered remedies.

But it is difficult to see why anyone would think that such court-ordered remedies to break the back of persistent discrimination are unfair.

The court-ordered remedies and Judge Jackson's final order may not be filed until the end of the summer.

But if the Government wins its broadened case, the court-ordered remedies would no doubt be far tougher on Microsoft.

The trial, which has gone on for nearly a year and a half, will now consider court-ordered remedies intended to force Microsoft to change its business practices or even restructure the company.

That meant it had met its obligations under court-ordered remedies to address lingering questions about its commitment to equal opportunity in education.