Feeds

Are Microsoft's trial attorneys delivering?

The Register's brief encounter

  • alert
  • submit to reddit

Reducing security risks from open source software

Will Sullivan & Cromwell, Microsoft's principal trial lawyers, be shown the Yellow Card by Microsoft? It's clear that John Warden, Theodore Edelman and Steve Holley have been upsetting Judge Jackson over procedural matters. Warden has not succeeded in establishing a reasonable rapport with the judge. He slowness at cross-examination was clearly not accidental, and may well have been part of a plan to induce the judge to express his frustration at Warden's speed, so giving more ammunition for the appellate or supreme court. Edelman has made two bad mistakes that had the opposite effect to what he desired. One was when he tried to demonstrate how easy it was to change from Internet Explorer to Navigator on the Mac. Judge Jackson did not agree at all, and clearly sided with Apple software VP Avie Tevanian on this. A second example came at the end of Tevanian's examination, when a video extract of Steve Jobs' announcement of the Microsoft deal at MacWorld in May 1996 was greeted by booing and jeering, but with cheering when Jobs said that "other browsers would also be available". This was shown by the Microsoft defence team, and presumably they hadn't considered its effect. Most probably, they had only seen a transcript of Jobs' politically correct remarks (including the interesting information that there were "multiple patent disputes"). No wonder David Boies, the DoJ's trial lawyer, was delighted when Microsoft said they would like to show the extract: he was grinning when he said he had no objection at all. Judge Jackson was also amused. Sullivan & Cromwell did not succeed in preventing the humiliation of Bill Gates publicly by finding some way of stopping the videotaped deposition being shown in court -- and even worse, being released to the media. And Holley did not appear to understand sufficiently the technical issues during his cross-examination of Intel's Steven McGeady. Microsoft is unforgiving with any sub-standard performance, and it may well be that the legal team will evolve as a result. ® Complete Register trial coverage

Eight steps to building an HP BladeSystem

More from The Register

next story
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Amazon Reveals One Weird Trick: A Loss On Almost $20bn In Sales
Investors really hate it: Share price plunge as growth SLOWS in key AWS division
Bose says today is F*** With Dre Day: Beats sued in patent battle
Music gear giant seeks some of that sweet, sweet Apple pie
There's NOTHING on TV in Europe – American video DOMINATES
Even France's mega subsidies don't stop US content onslaught
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
Too many IT conferences to cover? MICROSOFT to the RESCUE!
Yet more word of cuts emerges from Redmond
Chips are down at Broadcom: Thousands of workers laid off
Cellphone baseband device biz shuttered
Twitch rich as Google flicks $1bn hitch switch, claims snitch
Gameplay streaming biz and search king refuse to deny fresh gobble rumors
prev story

Whitepapers

Top three mobile application threats
Prevent sensitive data leakage over insecure channels or stolen mobile devices.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Build a business case: developing custom apps
Learn how to maximize the value of custom applications by accelerating and simplifying their development.