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States Change Mind in Microsoft Case | |
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| Time: 05:55 EST/10:55 GMT | News Source: Associated Press | Posted By: Alex Harris | ||
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The nine states suing Microsoft for antitrust violations said Thursday they will not call two rebuttal witnesses, a decision made after a federal judge's scolding. The states had planned to call the witnesses, including a former software tester for Microsoft, to testify that Microsoft has done much of the work needed to create the stripped-down version of the Windows operating system that the states want. The judge ordered the states this week to give their information to company lawyers so they could prepare. Microsoft lawyer Steven Holley said the states delivered an entire computer and 67 CD-ROM discs, far more than Microsoft expected to handle. "We're now being expected to take account of and respond to a library of information," Holley said. "That's roughly 36,000 400-page books." U.S. District Judge Colleen Kollar-Kotelly told Steven Kuney, the states' lawyer: "This is absolutely astounding." | ||
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| #1 By 2459 (66.25.124.8) at 5/11/2002 5:24:44 PM |
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It's even funnier to read this in exact context directly from the transcript.
http://www.microsoft.com/presspass/legal/may02/05-09ntranscriptpm.asp The quotes from the article are at the very beginning of the transcript. This post was edited by n4cer on Saturday, May 11, 2002 at 17:26. |
| #2 By 2459 (66.25.124.8) at 5/12/2002 10:05:11 PM |
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Going strictly from memory (so some of these explanations may be a bit incorrect) :
"It does sound like you've been doing this for a last couple of months, doesn't it, without telling anybody? " Here, the Judge is complaining that the States seemed to have planned to use Bach and his demo for a while, but intentionally did not tell anyone so that enough time could have been set aside in the agreed upon timetable for Microsoft to prepare an adequate rebuttal of Bach's testimony/demo. The states didn't illegally obtain the info, but I liked the part where the MS attorneys requested two copies of whatever the states had via discovery, but the computer and 67 CDs only represented one copy. This is also the reason MS said they couldn't give a definite time period for their rebuttal of the demo. This wasn't any attempt to stall for time or anything else as some articles spun it to be. "And do you see in 3I1 a reference to Microsoft being permitted to charge royalties or other payment of monetary consideration for intellectual property rights that it might have to license by virtue of other provisions of the Microsoft proposal? " This regards the right of MS to charge royalties for there intellectual property. The non-settling states wanted to force MS to sell licenses of MS Office code and probably some other things to anyone that can pay so they can do things like make an Office port for Linux. Under the states' proposal, MS couldn't collect royalties for the licensed technology. Another good comparative source of the differences in the states' proposal versus the DOJ settlement and the appeals court rulings that reversed many of Judge Jackson's findings of fact, there is a PDF of a court presentation here Slides Presented with Opening Statement by Microsoft Attorney Dan K. Webb http://www.microsoft.com/presspass/legal/mar02/03-18openingstatement.pdf |
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