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DoJ says MS exec misled in his deposition

Allchin's recall for further questioning is being sought

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The Department of Justice has asked the court to allow it to re-interview Microsoft senior VP Jim Allchin, saying that it was misled when Allchin gave his original deposition in September. It also wants to see Microsoft's analysis of Edward Felten's program for the removal of IE from Windows 98. According to the DoJ, Allchin said under questioning that he couldn't give details of Microsoft's analysis. It has since become clear that the analysis had been complete at the time of the deposition, on 29 September. The DoJ on the contrary says that Allchin had claimed that the analysis wasn't complete. What the analysis actually says, and the extent to which it was complete in late September, may be significant, considering the Microsoft-induced failure of Felten's program on 4 December. Microsoft has claimed that the program, described in detail by Felten in his deposition, has never worked properly. Felten however contends that it did, and still gave access to the Windows Update function (Earlier Story) until Microsoft made changes to the update Web site on 4 December. This breakage occurred a week before Felten's cross-examination, and although Microsoft says the changes were entirely unrelated to the court case, they appear to have been trivial, even pointless. Microsoft was given Felten's code in September, so has had ample time to review it. The DoJ clearly thinks it's been withholding the review for purposes of gamesmanship. Its filing also tries to capitalise on the early termination of Microsoft's cross-examination of Felten, accusing Microsoft of trying to discredit him via filings instead of in cross-examination. "With Felten safely off the stand," says the document, "Microsoft is attempting to inject false and misleading information into the record." ® Complete Register trial coverage

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