The real answer to your question is: Because the court system.
Specifically, because the magistrate that heard Google's case disagreed with the other judge's ruling. It's specifically mentioned in the first paragraph of the article, linking to the article as well as another one stating that a rehearing on the Microsoft case was denied. Judges seem to be very split on the issue, so it's a matter of who you get.
Specifically, because the magistrate that heard Google's case disagreed with the other judge's ruling. It's specifically mentioned in the first paragraph of the article, linking to the article as well as another one stating that a rehearing on the Microsoft case was denied. Judges seem to be very split on the issue, so it's a matter of who you get.