Microsoft Corp has been granted a stay in it appeal of the Federal Court’s decision to allow the public and the media into depositions in its antitrust case with the Justice Department. A three-judge panel at The US Court of Appeals overruled an earlier ruling by Judge Thomas Penfield Jackson that would have allowed public access to the testimony by Bill Gates and other senior Microsoft officials. Wednesday’s decision means the depositions can begin without the public or media present. The balance of harm favors [Microsoft], the court’s ruling stated. If [Microsoft] prevails, the disclosure could not be undisclosed, whereas if [the media] prevails, the text and videotape of a private deposition can then be disclosed. The Appeals Court did not make a final decision on the matter, however, leaving open the possibility that access could be granted later after the testimony has begun. The trial is still set to begin September 8, despite widespread speculation that the start would likely be delayed by two weeks. This latest development, if it results in depositions getting underway soon, may yet see the trial get going on time – a scenario Microsoft has been trying to avoid.
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