Focus in Microsoft trial turns to limits on access to source code
By Kevin Galvin Seattle Times Washington bureau
WASHINGTON — With a computer expert on the witness stand, Microsoft yesterday sought to exploit ambiguities in the tough remedies proposed by states still pursuing a landmark antitrust case.
In one instance, Microsoft attorney Steve Holley asked Princeton University professor Andrew Appel, a witness for the plaintiffs, how broadly the Redmond software maker could be required to share Windows source code, the building blocks of the dominant operating system.
Would a Chinese government official who wanted to pirate Windows have the same right to review the code, Holley wondered, as would a 16-year-old in Tuscaloosa, Ala., developing software in his garage?
"How many thousands of people per month would be entitled to come to Redmond to look at the source code?" Holley asked.
The question involves a remedy proposal by the states that calls for Microsoft to grant access to portions of its source code that are hidden when Windows is installed on desktops. The states generally want Microsoft to disclose more data about its operating system to facilitate development of third-party software products that work with Windows.
In his reply, Appel conceded that the Chinese and independent software developers alike would be able to access the code for purpose of developing products that could work efficiently with Windows.
But he said the states weren't advocating that rivals be allowed to copy Microsoft's source code and that the extreme examples Holley offered would be unlikely to occur if Microsoft were more open about its products.
Reviewing code line by line in a secure room at Microsoft is time-consuming and developers would prefer to work with the limited data they need to ensure that their products can interoperate with Microsoft software.
"To the extent that Microsoft can do that well, there is much less need for someone to come to the secure facility," Appel said.
Microsoft has also questioned whether a proposal to force it to market a stripped-down version of Windows would require the company to test more than a thousand versions of the same operating system and whether it would be forced to relinquish some of its intellectual property.
After a U.S. Court of Appeals reaffirmed that Microsoft had monopolized the market for desktop-operating systems, the Justice Department and nine states agreed to settle antitrust charges.
But California, eight other states and the District of Columbia are pressing ahead before Judge Colleen Kollar-Kotelly for tougher remedies.
Also yesterday, the judge rejected the litigating states' late request to conclude the presentation of their case with excerpts from the videotaped depositions of Bill Gates and other Microsoft executives.
The judge scolded lawyers for the states for nearly 30 minutes, noting that they should have informed the court earlier if they intended to use the statements of Microsoft's own witnesses against the company. The request came more than one month after a March 4 deadline for listing witnesses.
"Clearly, before the trial, something should have been said," Kollar-Kotelly said.
But the ruling, which was made on procedural grounds, doesn't preclude the plaintiffs from trying to offer the same material during their cross-examination of Microsoft's witnesses, which is expected soon.
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New standards for Web security, privacy posted for consideration
SEATTLE — To reassure software developers and companies wary of Web services' security, Microsoft, IBM and Verisign today are proposing a new set of security and privacy standards.
The standards define a set of extensions to SOAP, the protocol that enables Web services to share information, for adding security mechanisms. The companies are posting the standards on their Web sites today and will submit them to a standards body for certification after they decide which body is appropriate.
"It's way more comprehensive than anything any of the companies have done on their own or together in the past," said Adam Sohn, product manager for .NET strategy at Microsoft.
Microsoft and IBM also released a report outlining additional security specifications they plan to develop with customers, partners and standards organizations.
— Brier Dudley
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