06:44 PM ET 08/14/98
U.S. asks court to reject Microsoft access appeal
WASHINGTON, Aug 14 (Reuters) - The federal government on
Friday asked an appeals court to reject Microsoft Corp.'s
request to halt a lower court ruling that gave the
media access to pretrial testimony by company officials.
The order Tuesday by U.S. District Judge Thomas Penfield
Jackson provided public access to the depositions of Microsoft
Chairman Bill Gates and other executives being interviewed by
the government in preparation for a landmark antitrust trial.
In a filing with the U.S. Court of Appeals for the District
of Columbia, the Justice Department said Jackson had correctly
read a 1913 law calling for public access deposition
proceedings in antitrust cases.
"Microsoft's claim of irreparable harm is speculative and
insubstantial," the government said.
In contrast, a stay of Jackson's order could deny news
organizations the rights that Congress had provided under the
Publicity in Taking of Evidence Act, the government said.
The federal government and 20 states filed a lawsuit in May
accusing Microsoft of illegally maintaining its monopoly in
personal computer operating systems and using that dominance to
gain leverage in other business areas.
Microsoft is seeking a stay of Jackson's order arguing that
would allow trial preparations could go ahead unhindered. The
company says journalists could view transcripts or videotapes
later if the courts finally grant access.
The wrangling over public access has already postponed
depositions scheduled for this week, including that of Gates.
Although the trial date is still officially Sept. 8,
sources say government and Microsoft lawyers spoke with Jackson
by phone on Thursday to propose a two-week delay.
The appeals court is expected to rule on Microsoft's
request early next week.
((Tim Dobbyn, Washington newsroom, Phone: 202-898-8362 Fax:
202 898-8383, E-Mail [EMAIL PROTECTED]))
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