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MSFT wants court access limitations
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January 10, 2002: 12:22 p.m. ET
Company says depositions should be private now that DOJ has settled.
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NEW YORK (CNN/Money) - Microsoft has asked the judge currently presiding over its antitrust case to bar the public from any future depositions related to it.
In a motion filed late Wednesday, the software maker asked U.S. District Court Colleen Kollar-Kotelly to bar the public from attending depositions, which are pre-hearing questionings, of witnesses for the remainder of the case.
Seven previous depositions from the original case brought by the U.S. Department of Justice had been made available, including the deposition of Microsoft Chairman Bill Gates.
Under a 1913 law, the public has the right to view antitrust actions brought by the U.S. government. The court cited this law in August 1998 when it declared that depositions had to be made public.
But Microsoft (MSFT: down $0.67 to $68.61, Research, Estimates) argues that the case as it stands now no longer meets the requirements of the 1913 law.
In November, the Justice Department hashed out a settlement with the software maker that imposes a series of restrictions on Microsoft's business conduct and, among other things, requires the company to take steps to give computer makers more freedom to feature rival software on their machines.
But nine of the 18 states that had joined the Justice Department in suing Microsoft say that proposal is not tough enough and contains too many loopholes. In early December, they proposed tougher sanctions against Microsoft. Hearings on the alternative proposal are set to begin in mid-March.
Because the current case is brought by the states and not by the U.S. government, Microsoft argues that the 1913 law is not applicable. Microsoft's motion, if accepted, would vacate the 1998 order.
The holdout states have not moved to challenge the motion, although media organizations are likely to do so. 
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