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

[Eric Bennett]

Mitch Stone wrote:

> It's my understanding that at person must swear to their own testimony,
> that nobody else can do that for them, even in written form, unless that
> written form is a deposition or an affidavit. Someone please correct me if
> I'm wrong, but this is one of the basic rules of evidence. I suspect that
> the AOL exec would have been a reluctant witness, else the states would
> have had at least an affidavit from him.

Judges have a fair amount of leeway on this, don't they?  I recall Jackson
overruling a lot of Microsoft's hearsay complaints, and entering things
like newspaper articles into evidence.  I think I recall some people
speculating about this presenting Microsoft with opportunities on appeal
but I don't recall the appeals court chiding Jackson on the issue of
hearsay evidence, maybe because my recollection is that he let Microsoft
enter such things too.

That's just my impression from what I recall of the proceedings under
Jackson.  I may be wrong.

-- 
Eric Bennett ( ericb@pobox.com ; http://www.pobox.com/~ericb )

Artists can color the sky red because they know it's blue.  Those
of us who aren't artists must color things the way they really
are or people might think we're stupid. -Jules Feiffer