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Error May Hurt Microsoft Foes | |
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| Time: 06:03 EST/11:03 GMT | News Source: Washington Post | Posted By: Alex Harris | ||
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Some potentially damaging documents that state prosecutors have gathered in the Microsoft Corp. antitrust case might not be allowed into evidence, the result of missteps by the states' legal team. U.S. District Judge Colleen Kollar-Kotelly expressed irritation yesterday at renewed efforts by the states to demonstrate that Microsoft has actually gained market power as a result of a proposed settlement it struck with the Justice Department to end the case. The evidence consists of Microsoft e-mails and the deposition of a Microsoft official that show computer makers complaining about how Microsoft is using the proposed settlement as a club to renegotiate their licenses for the Windows operating system on terms even more favorable to Microsoft. | ||
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| #1 By 3339 (65.198.47.10) at 5/2/2002 2:42:21 PM |
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This was definitely a stupid mistake, but we still don't know which way it will go... reading the transcripts--it gets very confusing about their housekeeping decisions, but Kuney specifically stated that there would be documents which would need to be entered at a later date, and that he wasn't sure if according to K-K's rules when the appropriate time would be, but that whether or not they were used as exhibits for cross-examining they should be a part of the record, and K-K accepted this at the time--so you never know--she could feel bad for the misunderstanding and let them in.
On another note, yes, very clever on MS's part, but it also means they didn't have a single OEM witness or an internal witness to represent the OEM issue. So, yes, they got to make a bunch of ridiculous arguments that the states didn't get to challenge, but at the same time they also left a big hole in their case. Some would like to claim the OEM relationship is the only area where MS did anything improper--well, MS couldn't provide any witnesses to support their position on this issue whereas the states wanted to further flush out their argument. |
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