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Jackson turns down Microsoft request for trial delay

And the DoJ has filed a tantalising list of 1,300 documents we're not allowed to see yet

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Judge Jackson refused Microsoft's request to have the trial delayed, and it is now looking as though Microsoft made the request to add strength to any subsequent appeal. Microsoft is being allowed to depose the substituted Apple and Sun witnesses, however. The DoJ has filed its list of 1,300 documents, but regrettably the content is not at present available. Of particular interest are emails with Netscape, including one by Daniel Rosen, Microsoft's manager of new technology, headed "LOI" (letter of intent). Of course corporate spokesmen and women are used to produce official lies for companies, so it was not surprising to find Jim Cullinan from Microsoft claiming that the emails contain "powerful evidence" that Microsoft's version of the Netscape meeting was the only true one, and that Microsoft's actions "before, during and after [the meeting] do not support the government's allegation." First, we doubt if Cullinan has seen the emails, or has even been briefed specifically about their true content: he is in denial mode. Would the DoJ really claim that the emails were incriminating unless the evidence were very good indeed? We think not. Public access to the exhibits will not be until the judgement is rendered. The DoJ's reason for asking the court to release the testimony the day before the witness is examined turns out to be "to advance the public interest in having the trial unfold in a traditional manner", but there is a legal issue as well. The written testimony is not part of the trial record until it is avowed under oath by the witness in the court.. It should not be forgotten that if the revelations prove very damaging for Microsoft, the case could be stopped by Microsoft agreeing to another consent decree, which would prevent the release of documents and further witness testimony. Microsoft has a considerable history of backing down at the very last moment. ® Click for more stories

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