Microsoft Judge Won't Consider Memo
Yahoo | at | by Mike
The federal judge hearing the Microsoft antitrust case said Friday she will not consider an internal Microsoft e-mail that advocated retaliation against "unfriendly" computer makers. This is the second time nine states suing Microsoft have tried to use the memo. U.S. District Judge Colleen Kollar-Kotelly earlier had refused to let the states use the memo in questioning Microsoft Chairman Bill Gates. In their May 15 motion asking that the memo be included, the states argued that Microsoft did not object to it by the deadline originally set by Kollar-Kotelly, and that it is directly relevant to Microsoft's actions. During the case, the states had tried to use the memo while questioning Gates to find out whether he thought particular Microsoft actions would be barred under the settlement.
"The litigation process presumes that the parties will present their case only once and will present their best arguments at that time," Kollar-Kotelly wrote in her order.