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.