Break Called in Microsoft Antitrust Trial
The judge in Microsoft Corp.’s antitrust trial concluded the defense phase of the lengthy proceeding Friday, rebuking the software giant’s last witness.
U.S. District Judge Thomas Penfield Jackson, who will render a verdict later this year, on Friday finished hearing 17 weeks of highly charged allegations from government attorneys, courtroom concessions--and some extraordinary goofs, particularly by Microsoft’s witnesses.
After at least a six-week break, the trial is scheduled to resume in April with Microsoft and the government presenting rebuttal arguments. Each side can then use testimony from three more witnesses. Jackson is expected to return a verdict over the summer.
The central questions Friday were largely the same as outlined by the Justice Department and 19 states during the trial’s opening days in October: Did Microsoft illegally use its influence in the technology industry to crush its software rivals and maintain its lucrative Windows dominance?
The government has identified Microsoft’s victims as Netscape Communications Corp., whose Internet software has fallen from prominence since 1995, as well as Intel Corp., Apple Computer Inc., Sun Microsystems Inc., America Online Inc. and others.
Microsoft has steadfastly denied that it possesses monopoly power and argued that it fought tough but fairly. In his opening arguments, Microsoft lawyer John Warden reminded the judge, “Antitrust laws are not a code of civility.”
The trial’s outcome could dramatically affect the computer industry during a period when it is making huge technology strides and helping drive the nation’s economy.
And a verdict could come during a period of remarkable change: Weeks after the trial began, America Online agreed to buy Netscape for $4.2 billion in a deal that included Sun Microsystems. Even the judge pondered publicly that it “might be a very significant change in the playing field.”
Jackson agreed to allow Microsoft to investigate the impact of the purchase during the lengthy upcoming recess.
The final Microsoft witness Friday was Robert Muglia, a senior vice president who rebutted earlier testimony that the company sought to undermine Sun Microsystems Inc.’s rival Java technology, which allows software to run on a variety of computer operating systems.
Muglia, however, acknowledged that Microsoft encouraged software developers to use Windows-only features that effectively prevent their Java programs from running with other systems.
Justice Department lawyer David Boies confronted Muglia with e-mail from Microsoft Chairman Bill Gates in May 1997 saying he was “hard core” about not supporting Sun’s then-upcoming version of Java.
Muglia noted that Gates also wrote: “If you think we should support [the technology] it’s OK, but you will really have to explain why and where it stops.”
As Muglia argued over Gates’ intentions, the judge tried to cut him off: “There’s no question” that Gates opposed it, the judge told Muglia. “Let’s not argue about it.”
Muglia continued offering his interpretation of Gates’ e-mail, but the judge then rebuked him sharply.
“No!” the judge shouted, dropping his head in his hands. “Stop! There is no question pending!”
