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Microsoft attacks Jackson in reversal plea

Bill is not Napoleon

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Microsoft said it had acted lawfully and competitively in final papers filed today in its antitrust appeal.

The software giant also used the 75-page document to attack Judge Jackson's order to split the company in two.

Microsoft said Jackson's decision should be reversed, and also asked for him to be thrown off the case for comments he made in public about the company - which it said showed he was biased.

"The district judge's public comments about the merits of the case and his...attacks on Microsoft are indefensible," Microsoft said in the filing. It added that they demonstrated "an animus towards Microsoft so strong that it inevitably infected his rulings."

The brief, a reply to a government filing made on January 12, used examples from a new book, which claims Jackson compared Gates to Napoleon - but said he trusted Justice Department lawyers.

Oral arguments are due to be heard on the antitrust appeal at the US Circuit Court of Appeals for the District of Columbia Circuit on February 26 to 27.

In unrelated news, Gates pledged $100 million this weekend to help develop an African AIDS vaccine. ®

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