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MS on Trial There are more depositions to come before the trial resumes, although the DoJ has not yet posted the required formal three days notice of the dates and places. Judge Jackson's procedural Order allows witnesses to be deposed before they are examined in the witness box and cross-examined. However, witnesses can only be deposed a second or subsequent time if there is new information. Economists, who act essentially as historians rather than technologists, cannot be deposed a second time. Edward Felten, who was viciously attacked by Microsoft over his prototype IE disabling program, will face interrogation on Wednesday in Washington. On Thursday, former IBM strategist Garry Norris will testify in Raleigh, North Carolina. He is likely to be the most interesting of the new witnesses. Finally, Gordon Eubanks, formerly CEO of Symantec and a Microsoft sympathiser, will be deposed on Friday in San Jose. It is possible that David Colburn will be deposed again if Microsoft can convince the court that there are new facts - and Judge Jackson is likely to take a lenient view of such arguments so he cannot be found to be obstructive should there be an appeal. Because of the failure so far to post the notice about Felten's deposition three days in advance, it is possible that the deposition could not be taken if there were media or public objections, although Judge Jackson could amend his Order. It is unlikely that the DoJ would object, despite Microsoft being the party that should have provided the formal notice -- although it is of course possible that the DoJ failed to post it on its web site. So far as Microsoft is concerned, the lawyers are sharpening their claws. ® Complete Register trial coverage

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