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Microsoft ruling affirmed
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August 12, 1998: 8:36 p.m. ET
Jackson rebuffs Microsoft's attempts to close Gates' deposition to the press
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NEW YORK (CNNfn) - A federal judge Wednesday refused to stay an earlier ruling and postpone depositions by key Microsoft Corp. executives to allow the software giant to take the matter to a higher court.
U.S. District Judge Thomas Penfield Jackson refused to set aside a ruling he issued Tuesday that opened the depositions of Microsoft Chairman Bill Gates and other key executives to the press.
Microsoft (MSFT) quickly appealed Jackson's ruling. The trial is scheduled to begin Sept. 8.
However, the depositions, which were scheduled to begin Wednesday, will not start until the two sides agree to terms that would protect confidential details and other competitive issues.
The parties also need to decide how many journalists will be admitted to the depositions and whether television cameras will be allowed.
"I am not going to allow depositions to go forward in the case until a protocol is established," Jackson said.
Among the items that Jackson must consider:
- How much notice should the public be given in advance of depositions?
- How large will facilities have to be and how many spectators will be allowed?
- How will seating be allocated between the public and the press and how will priorities be determined?
- Will sketch artists and cameras or tape recorders be allowed? Jackson said he's inclined to follow federal courtroom rules on the issue that would ban cameras or recording devices.
- Will spectators be allowed to view exhibits and what procedures will be followed for objections or assertions of privilege?
A Microsoft spokesman expressed confidence that Gates can handle the deposition, saying the software chief has done a good job in previous appearances.
The spokesman said the company's main concern was avoiding a "circus-like atmosphere."
he trial will settle a May antitrust lawsuit filed by the federal government and 20 states alleging Microsoft illegally uses its monopoly in desktop operating systems to gain control in other areas.
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