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To: Moominoid who wrote (16479)8/11/1998 10:59:00 PM
From: soup  Respond to of 213177
 
Media can watch Microsoft, Gates depositions-Judge

Tuesday August 11, 10:05 pm ET
Reuters
By Tim Dobbyn

>WASHINGTON, Aug 11 (Reuters) - A federal judge on Tuesday
said he would allow journalists to watch testimony by Bill
Gates and other senior Microsoft Corp. officials as they are
deposed by government lawyers preparing their antitrust
lawsuit.

The ruling by U.S. District Judge Thomas Penfield Jackson
delays the deposition process and may even eventually delay
the scheduled Sept. 8 start date for the landmark trial.

A number of media companies, including Reuters, had argued
that the 85-year-old Publicity in Taking of Evidence Act
calls for public access to any deposition taken in
connection with an antitrust suit.

Jackson agreed the law's language was clear and ordered all
depositions in the case stayed while the media, Microsoft
and the government work out a procedure for attending the
depositions and preventing disclosure of trade secrets.

Microsoft could appeal the ruling and Jackson's order
specifically gave the software giant leave to do that,
noting: ''... there is substantial ground for a difference
of opinion as to the extent of public access to pretrial
proceedings ....''

Microsoft said it reviewing the judge's order and
considering how to proceed.

''We are concerned about the possible impact today's
development's will have on our trial preparation and the
trial moving forward,'' said Microsoft spokesman Jim
Cullinan.

In May, the federal government and 20 states accused
Microsoft of illegally maintaining its monopoly in personal
computer operating systems and using that dominance to gain
leverage in other business areas.

At a hearing on the access issue earlier on Tuesday, both
Jackson and Microsoft expressed concern about the effect
third parties could have on trial preparation.

''Under the statute you have a right to do what you want to
do but I hope you realize the effect you may have on the
proceeding,'' Jackson told Lee Levine, an attorney for the
New York Times and Seattle Times.

Microsoft attorney John Warden said preparation for the
trial could become what he described as a total mess. ''The
whole process would become bogged down,'' Warden said.

But government attorney Mark Popofsky told the hearing he
believed public access could be granted without compromising
Microsoft's business secrets if outside parties were
excluded from the room for certain questions.

Gates' deposition had been scheduled to start this week but
the schedule of all depositions was likely to be rewritten.
One lawyer familiar with the case said it would take at
least a week for the parties to agree on an access
procedure.

On Monday Microsoft filed papers seeking dismissal of the
entire suit, arguing that a June appeals court ruling and
recent evidence undermined the government case.

But at a hearing last week, Jackson indicated he was
unlikely to dismiss the lawsuit in advance of a trial,
noting that ''any dispute of material fact, even one, is
sufficient to deny summary judgment.''

The judge also ordered Microsoft to make Gates available
without time limit for pretrial questioning.

''Watching (Justice Department lawyer) David Boies depose
Bill Gates should be on pay-per-view,'' the Seattle Times on
Tuesday quoted one person associated with the case as
saying.<

I'm stoked.



To: Moominoid who wrote (16479)8/11/1998 11:01:00 PM
From: Phillip C. Lee  Read Replies (1) | Respond to of 213177
 
Sam has brought up overbought issue yesterday on post #16413 using
RSI chart. However, today's volume reaches 15m+ shares, which will
be additional 15m+ on top of overbought shares. It sounds illogical
to me. Same as you have mentioned about resistance point at $40 or $41
(even you cannot nail down the exact value). Under today's huge
sliding market, Apple performance has been extremely stable with
steady upswing. You'd better know when overall market gets better, how
Apple stock will respond.

Phil