Feeds

DoJ stirs pot over MS sabotage denial

Microsoft's attempt to neuter Felten's testimony seems to be misfiring badly

  • alert
  • submit to reddit

Bridging the IT gap between rising business demands and ageing tools

After Microsoft cut short the cross-examination of Edward Felten last month, it filed a Representation to the court that it had not sabotaged Felten's prototype program to remove browsing capability from Windows 98. The DoJ has now filed a very strongly-worded Response asking for Microsoft's Representation to be struck from the record as it is "little more than a Microsoft press release, improperly captioned as a pleading… containing erroneous and misleading attempts to introduce facts through unsworn testimony of Microsoft's counsel". The DoJ claims that Microsoft wanted Felten off the stand so that it could create its own spin about what was, no doubt, some entirely coincidental and innocent tampering with how Felten's program ran. It would have helped Microsoft's case though if it had not admitted that the testing of Felten's program was completed in September 1998, rather than December 1998 as had been previously claimed. It was also a pity that Microsoft VP Jim Allchin, who is slated to give evidence to oppose Felten's, had not claimed when he was deposed that the testing of Felten's program "was not complete" so that he couldn't (and wouldn't) answer any questions about it. It now appears that he may have been obstructing the DoJ. Meanwhile, Judge Jackson is being asked by the DoJ to allow it to investigate further by interrogating Allchin again and undertaking additional discovery to ascertain the facts before Allchin is cross-examined by the DoJ. Alternatively, the DoJ wants this part of Allchin's deposition to be struck (with the implication that perjury is at issue). The DoJ is extremely indignant about this apparent lying in the Response, and draws attention to Microsoft's heavy-footed spin doctoring by means of attempts to introduce unsworn testimony from Microsoft's counsel, as well as making "frivolous and defamatory" statements about what Felten was purported to have said. It would seem that Microsoft thought it could get away with filing a Motion that was intended to help it smooth over a very troublesome aspect of the case -- the removal of browsing from Windows 98 -- but it has misfired badly. ® Complete Register trial coverage

Build a business case: developing custom apps

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 ran off to IBM
But never fear fanbois, you're still lapping up iPhones, Macs
Nadella: Apps must run on ALL WINDOWS – PCs, slabs and mobes
Phone egg, meet desktop chicken - your mother
HP, Microsoft prove it again: Big Business doesn't create jobs
SMEs get lip service - what they need is dinner at the Club
ITC: Seagate and LSI can infringe Realtek patents because Realtek isn't in the US
Land of the (get off scot) free, when it's a foreign owner
Samsung threatens to cut ties with supplier over child labour allegations
Vows to uphold 'zero tolerance' policy on underage workers
Dude, you're getting a Dell – with BITCOIN: IT giant slurps cryptocash
1. Buy PC with Bitcoin. 2. Mine more coins. 3. Goto step 1
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
prev story

Whitepapers

Seven Steps to Software Security
Seven practical steps you can begin to take today to secure your applications and prevent the damages a successful cyber-attack can cause.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
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.
Consolidation: the foundation for IT and business transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.