• Recommend:
• 0 Comments

Microsoft Says Open Deposition Will Create 'Media Circus'

Appeals court is asked to keep depositions closed in antitrust case.

By Elinor Mills, PCWorld   

U.S. District Court Judge Thomas Penfield Jackson ruled last week that the depositions should be open to the public because of a provision of the Sherman Act, which governs antitrust cases. When the judge refused to stay the ruling as Microsoft requested, Microsoft appealed to the U.S. Court of Appeals for the District of Columbia.

The U.S. Department of Justice, which brought the lawsuit along with 20 state attorneys general, said that although it too questioned the "wisdom" of the provision opening up antitrust depositions, the law clearly states that the testimony should be open to the public.

Microsoft argued that open depositions, including that of Chief Executive Officer Bill Gates, will delay the proceedings and that closing them would do no harm. Instead, the media could read edited transcripts or view edited videotapes after the testimony is given, Microsoft argued.

"Microsoft will be irreparably injured absent a stay because broad public and press attendance will convert the remaining depositions into a media circus, causing both delay and disruption," Microsoft's filing said. "It is hard enough to prepare for trial in less than four months in a major antitrust case ... without also having to accommodate scores of members of the public and press at each deposition." Having public depositions will also make the process take longer as lawyers will need to conduct numerous off-the-record consultations to discuss confidential matters, Microsoft said.

"In short, the situation created by the [judge's] order is simply unworkable and is bound to result in significant delay," Microsoft said.

Jackson is considering a request by both sides to delay by two weeks the start of the trial, which is scheduled for September 8, according to sources. The judge also is considering a Microsoft motion for summary judgment seeking dismissal of the case.