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Court watches videos as MS exits disrupts schedule

Felten's early furlough meant everybody got to watch the TV instead

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The DoJ scheduled its remaining two witnesses for after the Christmas break, so when Professor Felten's cross-examination turned out to be less than a day (he was assessed as being a day-and-a-half man) the court was left in the embarrassing position of not being prepared. The witnesses were not on standby, and their written testimony had not been unsealed the previous day. Nor were videotaped depositions that it was intended to show designated by the DoJ (i.e. extracts marked and passed to Microsoft), nor of course had Microsoft counter designated (marked extracts it wanted to be included). Judge Jackson decided it was not necessary to vary his existing Order, as the DoJ had requested, as to how far in advance each side should get the written testimony (it is five calendar days). The immediate timetable is that the court will recess today until 4 January. The remaining DoJ witnesses will probably take a week or so, so that Microsoft could begin its defence around 12 or 13 January. It is not yet known whether the DoJ will take as long as Microsoft in cross-examining witnesses, but it is unlikely. DoJ counsel have been concise in their redirect examinations, and David Boies told Judge Jackson this week that he expects things to move faster. On the other hand, Microsoft's redirect examinations of its witnesses are likely to take much longer than was the case with the DoJ witnesses, as the Microsoft legal team would be seeking to patch over the damage caused during the DoJ's cross-examination. ® Complete Register trial coverage

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