Feeds

Judge betraying pro-MS bias?

Or is she about to blow Gates' mind?

  • alert
  • submit to reddit

Remote control for virtualized desktops

Since Chairman Bill Gates began testifying in court Monday against the non-settling states, US District Judge Colleen Kollar-Kotelly has made a number of rulings which appear to favor Microsoft.

Most significant, in our humble opinion, is the decision to allow Gates and other MS witnesses to give presentations in court. The judge had ordered that all such testimony be submitted in writing; and the states have not been granted any waivers. But MS has, most notably with a demonstration Monday which The Chairman said shows that removing Internet Explorer will cause Windows to malfunction.

Now we all know that such a demo can be rigged a hundred ways. The only hope of challenging it would be with a second demonstration by the states showing that removing IE can cause Windows to perform even better. (At least that's the case with 98lite, though it's possible that MS has deliberately rooted IE deeper into XP so that it will break the OS if it's yanked.)

Next, according to the Associated Press, today's proceedings saw a surprising number of decisions in MS' favor, chiefly regarding lines of questioning and exhibits to be introduced. A Gates memo purportedly indicating retaliation against Intel for supporting a 'non-MS' operating system was rejected. Gates was also permitted to ignore a question from states' attorney Steven Kuney regarding a proposed remedy for MS' retaliatory tactics.

"The judge gave Kuney little latitude during his questioning. She sustained almost every objection made by [MS attorney Dan] Webb, even appearing to contradict her earlier guidelines on what sort of testimony was allowed," the wire service says.

The tea leaves

There are two ways of reading this. One is to take it at face value and imagine that the judge has chosen sides and is deliberately making the states' case difficult to argue.

The other is to say that she's being meticulous in her single most important responsibility as a judge, which is to ensure that the accused is given every possible opportunity to defend himself. This would be absolutely crucial if she's leaning in the states' direction. This is so partly for practical reasons -- if she's inclined towards the states she needs to give MS a generous chance to talk her out of it.

It's also crucial for appearance's sake. Judge Jackson's incredible stuff-up was appearing to be (or actually being) biased against the defendant. If Judge Kollar-Kotelly intends to cut MS off at the knees, she has got to appear to have given the company every bit of slack that she reasonably can.

I rather doubt that the judge's indulgence of MS indicates that she's been taken in. Indeed if I were in Billg's shoes, I'd wipe that inane, smug smile off my face, and cross my fingers instead. ®

Choosing a cloud hosting partner with confidence

More from The Register

next story
Euro Parliament VOTES to BREAK UP GOOGLE. Er, OK then
It CANNA do it, captain.They DON'T have the POWER!
Download alert: Nearly ALL top 100 Android, iOS paid apps hacked
Attack of the Clones? Yeah, but much, much scarier – report
NSA SOURCE CODE LEAK: Information slurp tools to appear online
Now you can run your own intelligence agency
Post-Microsoft, post-PC programming: The portable REVOLUTION
Code jockeys: count up and grab your fabulous tablets
Twitter App Graph exposes smartphone spyware feature
You don't want everyone to compile app lists from your fondleware? BAD LUCK
Microsoft: Your Linux Docker containers are now OURS to command
New tool lets admins wrangle Linux apps from Windows
prev story

Whitepapers

Go beyond APM with real-time IT operations analytics
How IT operations teams can harness the wealth of wire data already flowing through their environment for real-time operational intelligence.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
Why CIOs should rethink endpoint data protection in the age of mobility
Assessing trends in data protection, specifically with respect to mobile devices, BYOD, and remote employees.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Seattle children’s accelerates Citrix login times by 500% with cross-tier insight
Seattle Children’s is a leading research hospital with a large and growing Citrix XenDesktop deployment. See how they used ExtraHop to accelerate launch times.