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WASHINGTON (CNN) -- A senior U.S. intelligence official told CNN on Monday that a soil sample from the Sudanese pharmaceutical factory destroyed last week by U.S. missiles has tested positive for a chemical that is "one step away" from deadly VX nerve gas. The official, speaking on condition of anonymity, said the sample, which was obtained "by clandestine means" before the attack, contained a chemical ingredient known as EMPTA. EMPTA, according to the official, has no commercial use except in the production of nerve gas. He said it is "one step away" from VX nerve gas. "Once you have this, it is very simple to make VX," the official told CNN.
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A three-judge panel for the U.S. Court of Appeals today ruled in favor of Microsoft in its appeal of a district court decision concerning Microsoft's Windows operating system software. The Court unanimously overturned the preliminary injunction issued last December by U.S. District Court Judge Thomas Penfield Jackson, which ordered Microsoft to give personal computer manufacturers the option of licensing Microsoft's Windows 95 operating system without its Internet Explorer software. In overturning the injunction, the Court stated that Microsoft has "clearly" demonstrated "benefits to its integrated design" of Windows 95 with Web browsing functionality. The Court recognized that "integration of functionality into the operating system can bring benefits" for customers. As the Court explained, "Antitrust scholars have long recognized the undesirability of having courts oversee product design, and any dampening of technological innovation would be at cross-purposes with antitrust law." "This decision is good news for consumers and the entire computer industry," said Bob Herbold, Microsoft executive vice president and chief operating officer. "Our integration of Internet technology into Windows makes our operating system and the personal computer a more powerful and useful tool for our customers." William H. Neukom, Microsoft senior vice president for law and corporate affairs, added: "We're gratified the Appeals Court has agreed with Microsoft that there was no basis for the entry of a preliminary injunction against our efforts to add new Internet capabilities to Windows.The Court today has helped focus the legal issues squarely where they belong, by concentrating on whether a product innovation brings new benefits to consumers. We have long been confident that our Internet improvements to both Windows 95 and Windows 98 meet this test." The Appeals Court action effectively rejects the main claim that the Government made in its October 1997 lawsuit: that Windows and Internet Explorer are separate products. In its ruling today, the Appeals Court noted that "the Department [of Justice] has not shown a reasonable probability of success on the merits," and added: "Microsoft has clearly met the burden of ascribing facially plausible benefits to its integrated design as compared to an operating system combined with a stand-alone browser such as Netscape's Navigator 匸W]e are inclined to conclude that the Windows 95/IE package is a genuine integration; consequently, [the Consent Decree] does not bar Microsoft from offering it as one product."
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