The US government yesterday staunchly defended the trial judge in the Microsoft antitrust case against accusations from the software company that he was biased and should play no part in any further proceedings.
In its filing to the US court of appeals, the justice department and 18 states are taking issue with Microsoft's attempt to overturn the ruling that it broke the law and should be split up.
In its own filing, Microsoft used post-trial comments by Judge Thomas Penfield Jackson to reporters and in public lectures as evidence that he was biased against the firm.
Judge Jackson has continued to make incendiary remarks in print, not least in the book on the trial written by Ken Auletta, serialised in the Guardian this week.
In World War 3.0: Microsoft and its Enemies, Judge Jackson accuses Bill Gates of being Napoleon-like in his arrogance and like other criminals in his inability to see any wrongdoing. He is scathing about the company's behaviour during the 73-day trial.
The justice department yesterday argued against each of Microsoft's complaints and urged the appeals court not to take "the extraordinary step of invalidating the judgment".
Not only were many of Judge Jackson's comments justified by Microsoft's behaviour, it said, but he had also said some positive things in print about it - such as that he was "full of admiration" for its products.
Judge Jackson's public statements have raised eyebrows in legal circles. Bill Kovacic, a professor of law at the George Washington University who has applauded Judge Jackson's handling of the trial, called his subsequent comments "a ghastly display of bad judgment" this week. "It's clearly the behaviour of a man who expects to have no further role in this matter," he added.
Both sides appear before the court of appeals next month.
Related stories
First extract from Ken Auletta's book
January 4 2001 Microsoft faces $5bn discrimination claim
November 28 2000 Microsoft says trial infected with error
June 8 2000 What once was unthinkable is now a court order'
Useful links
News of the lawsuit from Microsoft.com
The San Jose Mercury's trial special
The US Department of Justice
Judge Jackson's final decision
© Ken Auletta 2001, from WORLD WAR 3.0: Microsoft and its Enemies by Ken Auletta, published by Profile Books Ltd at £17.99 on January 15
