[Am-info] Judge K-K seems to favor Microsoft

[John J. Urbaniak]

http://news.findlaw.com/ap_stories/high_tech/1700/3-20-2002/200203201016659506.html

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Microsoft Judge Throws Out Testimony

By D. IAN HOPPER AP Technology Writer

 WASHINGTON (AP) - The federal judge hearing the Microsoft antitrust
case said particularly damaging testimony against the company is
hearsay, and refused to consider it in  deciding whether nine states can
impose harsh penalties on the company.

U.S. District Judge Colleen Kollar-Kotelly said the written testimony
from RealNetworks vice president David Richards could not be admitted
because Richards did not have direct  knowledge.

Among many other allegations, Richards said Microsoft had insisted that
America Online  drop RealNetworks' media software in favor of
Microsoft's. To make the claim, Richards cited an e-mail last year
between AOL CEO Barry Schuler and RealNetworks head Rob Glaser.

"They want to kill you guys so badly, it is ugly," Schuler told Glaser.

Despite protests from lawyers representing the states that the e-mails
provide context of Microsoft's behavior, the judge threw them out. She
said the states have not called those individuals, like Schuler, to
confirm what Microsoft said.

"I don't see how this can be anything but hearsay," Kollar-Kotelly said.

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So the Judge threw out Barksdale's testimony.  Now she throws out
RealNetwork's testimony.

Seems as if the Judge doesn't want to hear what Microsoft is really
like.

John