The US software giant Microsoft began its appeal today against the break-up of the firm for anti-competitive practices.
Some commentators have said that the outcome of the legal showdown, at the US court of appeals for the District of Columbia, may depend as much on the judge who made the original ruling as on the legal arguments.
US district judge Thomas Penfield Jackson's comments outside the courtroom - comparing the Microsoft chairman, Bill Gates, to Napoleon and suggesting company officials were not "grown-ups" - have injected extra controversy into the case.
Legal experts have said the comments have made the job more difficult for government lawyers who are trying to preserve their historic antitrust victory.
William Kovacic, a law professor at George Washington university, said: "Nothing good will co me to the government plaintiffs from all of this.
"In conscious or unconscious ways, the court of appeals will feel fewer inhibitions to second-guess Jackson's findings concerning crucial pieces of evidence."
Microsoft has "a 50% chance of walking completely" thanks to the judges post-trial statements, University of Baltimore law professor Bob Lande said. Before the comments, he gave the government a two-to-one edge. In interviews with reporters and authors writing books on Microsoft's legal ordeal, Judge Jackson made scathing attacks on Mr Gates, the company's legal team and the US district court which is hearing the company's appeal today and tomorrow.
The district appeals court has scheduled seven hours of arguments, which began at 1430 GMT today, and will be completed by tomorrow. This is an unusually large amount of time for the argument, even more than the parties requested.
The extra time will be spent questioning Judge Jackson's factual findings, in which he laid out how he thought Microsoft used anti-competitive practices and harmed consumers, the appellate judges said.
Publicly, the justice department and Microsoft have both played down the significance of Judge Jackson's words.
Generally, appeals are heard by only three judges. One former member of the court, Whitewater prosecutor Kenneth Starr, said it was unprecedented for all the judges to hear it.
Mr Starr, who now works for ProComp, a group financed by Microsoft competitors, said the court had scheduled more time because it wanted to be taken more seriously and reduce the chances of its findings being overturned.
Related articles
15.2.2001: Microsoft faces new inquiry on competition
12.1.2001: Judge Jackson tackles the titans
State defends Microsoft trial judge
4.1.2001: Microsoft faces $5bn discrimination claim
More net news
Useful links
Microsoft
US court of appeals for the district of Columbia
Justice department
