In late October, the Justice Department said the practice violated a 1995 consent decree and asked U.S. District Judge Thomas Penfield Jackson to fine Microsoft $1 million for each day it defied the order. Microsoft countered that the consent decree specifically allowed the company to integrate new features into its Windows products. On December 11, Jackson appointed Lessig to collect and weigh evidence so that he could make a recommendation in the case by May 31. In the meantime, he ordered Microsoft to distribute Internet Explorer separately from any form of its Windows operating software. Microsoft has appealed the preliminary injunction with a higher court and asked Jackson to reconsider his appointment of Lessig. In today's court filing, the government used Microsoft's own words to argue that the complex issues surrounding the case, combined with the urgency of resolving it, demand that someone with expertise in computers and law gather and weigh evidence.