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

[ethical@1of1.net]

In a message dated 2002 March 21 (Thursday), timestamp 07:22 AM, 
   on the topic [Am-info] Judge K-K seems to favor Microsoft,
   "John J. Urbaniak" <jjurban@attglobal.net> wrote:

"|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.

That is classic hearsay.  To have admitted that testimony would have
been reversible error.  Had the testimonmy been admitted, Microsoft
would have appealed any decision, and the court of appeals would have
reversed.  I see no value in having another district court proceeding
reversed.  Do you? 

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

Absolutely, uncontrovertably correct. 

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

In this instance, it seems like the judge was following black letter
law right down the middle.  I do not see how any implication of her
"wants" can be gleaned from it. 

-- 
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