Media Gains Access to Some Microsoft Testimony

But the ruling by U.S. District Judge Colleen Kollar-Kotelly denied a request by media organizations for sweeping access to all the interviews in the case.

Specifically, Kollar-Kotelly granted the request from eight newspapers and news services for access to transcripts of interviews with Ballmer, Microsoft executive James Allchin, former Netscape Communications chairman James Barksdale and Liberate Technologies chairman Mitchell Kertzman.

The judge also granted the media's request for access to the transcripts of any interviews that may be given by Sun Microsystems chairman Scott McNealy. But a Microsoft spokesman says the company has no plans to interview McNealy.

The ruling is the latest in a years-long battle that Microsoft's attorneys have waged with news organizations over public access to witness interviews.

Lawyers for Microsoft and nine states still pursuing the case are conducting the interviews, known as depositions, in preparation for hearings the judge has scheduled for next month to determine what sanctions should be imposed on Microsoft to prevent future antitrust violations.

Microsoft "does not offer any affirmative evidence or argument to indicate that the release of redacted transcripts and videotapes would in any way burden, oppress or embarrass the parties to the litigation or the third parties who were deposed," Kollar-Kotelly wrote in her order.

An appeals court in 1999 sided with news organizations in opening pretrial depositions to the public in the Microsoft case under the Publicity in Taking Evidence Act of 1913.

Microsoft reached a settlement in November with the Justice Department and nine of the states originally in the case. But nine other states' attorneys general are seeking stronger sanctions against Microsoft to prevent future violations of antitrust law and have named witnesses for hearings due to begin March 11.

An appeals court in June upheld findings that the company violated antitrust law by illegally maintaining its monopoly in personal computer operating systems. But it rejected breaking up the company as a remedy for the illegal acts.

Copyright 2000 Reuters Limited. All rights reserved.

Republication or redistribution of Reuters content, including by framing or similar means, is expressly prohibited without the prior written consent of Reuters.

Reuters shall be not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.