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New Twist in Microsoft Antitrust Suit

Microsoft uncovers evidence it claims shows court%squots pro-Netscape bias.

By Brian McWilliams, PCWorld   

In the e-mail, Lessig asked a senior lawyer at Netscape Communications whether installing Microsoft%squots Internet Explorer version 3 on his Macintosh might have %dquotscrewed up%dquot his Netscape bookmarks.

Microsoft spokesman Adam Sohn today denied that installing IE would change a user%squots Netscape bookmarks, and he said Microsoft has faxed a letter to Lessig asking him to immediately disqualify himself.

Microsoft has claimed that a special master is unnecessary in the case, and on December 23 it filed a motion with Judge Jackson asking him to relieve Lessig of his mission of gathering facts and making a recommendation to the court.

In an e-mail to News Radio, Professor Lessig declined to comment on whether he will take himself off the case, saying it%squots improper to respond to press inquiries.

The Department of Justice, however, on Monday filed a reply to Microsoft%squots motion to dismiss Lessig, saying the company%squots accusations are %dquotunfounded and overblown.%dquot

But Jeff Silverstein, editor of Digital Publishing Bulletin, says the case will proceed under a cloud until Lessig steps down. Silverstein says: %dquotIf there%squots any question at all about his ability to look at the evidence and the facts without any bias or preconceptions--even the appearance that there may have been some kind of anti-Microsoft or pro-Netscape leaning--it%squots going to hurt his credibility throughout this whole proceeding.%dquot

Regardless of how they%squotre resolved, the questions about Lessig%squots background will benefit Microsoft, according to Silverstein, because they will delay proceedings. And that will enable Microsoft to get Windows 98 out the door, freeing the company from many of the restrictions in the 1995 consent decree.