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Technology Stocks : How high will Microsoft fly?
MSFT 510.89+0.4%3:55 PM EST

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To: Bearded One who wrote (12907)12/3/1998 10:00:00 AM
From: Gerald Walls  Read Replies (1) of 74651
 
1) The DOJ originally wanted to play the whole thing at once, but Microsoft objected. Bad move.

In my opinion neither side should be allowed to play any video or audio taped depositions. Much of what's said in a deposition is not admissible as evidence. By being allowed to play the tapes of depositions either side would be able to admit inadmissible evidence. If the government wants to try to ridicule Bill Gates they should have had to make him one of their witnesses.

Since the tapes were allowed to be played I agree that MSFT made a bad move. They should have played the entire tape. Get it all out and bore everyone to tears with it. As it is now everyone's excited about what the next episode may show, and if it doesn't show much, well you can't write much about that so you have to find something in it to fill column inches.

2) The judge has a legal right to assess the credibility of the witness. The main witness in this case is the CEO of Microsoft.

He's not a witness. Find him on either witness list.

3) Have a thought experiment-- suppose Gates answered the questions completely, not just technically completely, but really completely, even helping the DOJ lawyers. He could then have added, "but we don't think it is illegal. And here's why--"

Here's how the government would play the tape:

"Yes, Maritz sent me that email. Yes, he said undermine Java. Yes, I worried about Java and considered it a threat to Windows. Yes, we introduced changes into Java which we knew might cause incompatibilities." CUT! It's a wrap! Later MSFT would play the rest of it, after the buzz of the headlines saying "Gates Admits Microsoft Intentionally Undermined Java". The rest of it would be a footnote.
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