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Technology Stocks : MSFT Internet Explorer vs. NSCP Navigator
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To: Jan Garrity Allen who wrote (21637)11/21/1998 10:00:00 AM
From: Harvey Allen  Read Replies (1) of 24154
 
Gates May Change Tactics And Testify In Case

WASHINGTON -- Microsoft CEO Bill Gates may end
up testifying in the government's antitrust suit as part of
his company's revised legal strategy, said the lead Justice
Department attorney on Thursday.

"[Gates] is indicating more and more that he'd like to
come to testify. I'm sure his lawyers will listen to him,"
said government attorney David Boies, outside the
courthouse. Boies cited comments by Gates at
Microsoft's recent annual meeting and other interviews.

Gates may sense the case is not going as well as
planned, Boies said. "If the present game plan is not
working, it wouldn't be uncommon to change the
strategy," the attorney said. "It is not unusual in litigation
and sports to change the strategy."

If Microsoft calls Gates, the government will be able to
question him under cross-examination.

Gates was not included in the original list of 24 witnesses,
12 each for the government and Microsoft. But U.S.
District Judge Thomas Penfield Jackson held out the
option for each to call two surprise witnesses. So far,
Gates has appeared in the courtroom only through his
taped deposition and e-mail.

The last time Gates testified in person in Washington was
in March, when he appeared before a Senate committee
investigating competition in the software industry. At that
time, Gates and U.S. Senate Judiciary Chairman Sen.
Orrin Hatch (R-Utah) engaged in a testy
question-answer session.

The trial is completing its fifth week. Court will be in
session for just two days next week before the
Thanksgiving holiday.

techweb.com
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