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November 22, 1998

JUDGE PENFIELD UNIMPRESSED BY GATES TESTIMONY

By CBR Staff Writer

US District Court judge Thomas Penfield Jackson has criticized Microsoft Corp’s CEO Bill Gates for his responsiveness during the videotaped testimony aired at the antitrust trial. In a closed- door session with Microsoft lead attorney John Warden and government lead attorney David Boies, the Judge commented that for whatever reasons…Mr Gates has not been particularly responsive to the deposition interrogation. Transcripts of the session, called because the defense had complained about the presentation of the 20-hour tape in short segments, were released Thursday night. Warden argued that the government was using the tactic for the purpose of creating news stories day after day after day. But the judge overruled the objection, saying that he found it useful to have Mr Gates’ testimony on the subject as to which the next witness is going to testify before me immediately in advance of that testimony. Jackson said it he thought that Gates’ lack of responsiveness was evident to every spectator – and in that he included the defense team themselves. Earlier in the week, the Judge was seen to shake his head in amusement and despair over Gates’ evasive answers to Boies’ questioning, who commented to the judge on the astonishing lack of recall displayed by Gates, which he said was limited to issues of critical relevance in the case. The judge holds the final decision on the outcome of the trial. At Microsoft’s Annual General Meeting last week, Gates suggested he may yet appear as a witness at the trial.

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