Not one to quietly simmer down, Google has now appealed to Federal Judge Colleen Kollar-Kotelly to participate as Amicus Curiae meaning friend of the court in Microsoft's anti-trust issue, reports Seattle pi. The appeal is 5 page long and titled “Reply Brief for Google Inc in support of motion for leave to participate as Amicus Curiae”.

Calling their own participation "timely and useful" Google claims that their formal participation in this case as amnicus "could serve a useful purpose."

About why Google should be part of the proceedings, the filed document reasoned:

• "a special interest … as well as a familiarity and knowledge of the issues raised. Noting the benefits of different viewpoints, including those of an amicus, both in promoting sound decision making and in demonstrating the openness of the court, and concluding that it is preferable to err on the side of granting leave. Google has familiarity with the issues raised and is well positioned to provide information to the Court. Google worked with the plaintiffs for an extended period of time to ensure that Microsoft's violation did not go unaddressed, and nothing in Google's request for leave to participate as amicus curiae is inconsistent with the plaintiffs' fundamental role in enforcing the Final Judgment, as confirmed by the fact that none of the plaintiffs opposes Google's motion. Notwithstanding the plaintiffs' role in ensuring compliance with the Final Judgment, the Court has also reserved for itself an important role in overseeing Microsoft's compliance … The Court has full authority to consider information beyond that provided by the plaintiffs to assist it in fulfilling this role."

Adam Kovacevich, Google's spokesman told Seattle PI that this appeal was only a routine matter and that Google was not pursuing the case further while Jack Evans, Microsoft's spokesman “reiterated Microsoft's previous statement: that the Justice Department and states said they were satisfied with the compromise, and that Microsoft believes Google provided no new information to suggest otherwise.”

Google is certainly playing the role of a sore loser, after all Internet Explorer version 7 used the Google search engine.

The appeal comes less than 2 weeks after Federal judge Colleen Kollar-Kotelly left the decision for future considerations.

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