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Tuesday, August 11, 1998 Published at 22:09 GMT 23:09 UK


Sci/Tech

Gates to be quizzed in public

"You are William Henry Gates III?....."

Microsoft's chairman Bill Gates will have to face the public when he gives preliminary evidence in his battle against the US Government's anti-monopoly case.

Lawyers for Mr Gates had argued that he could be forced to reveal sensitive commercial information if the deposition hearings were to be held in public.

But news organisations including Reuters and the New York Times called for the judge in the critical case to use an obscure piece of 83-year-old legislation to allow the hearings to be held in public.

Depositions are normally heard in private. The full anti-monopoly trial brought against the global software company by the US Department of Justice and American states begins on September 8.

Judge Thomas Penfield Jackson ruled that the public could be allowed into the hearings but suspended the depositions until all sides could work out a plan for the public sessions.

This will include procedures for allowing Mr Gates and other executives to be closely questioned in public without any damage to commercial confidentiality.

Judge Jackson said that he had been bound by the little used piece of legislation which requires that depositions "shall be open to the public as freely as are trials in open court".

Delivering his ruling, he said that the interviews with Mr Gates would be open "to the extent space is reasonably available to accommodate them consistent with public safety and order."

He had earlier indicated that he was reluctant to agree with the news organisations as depositions are rarely held in public.

The Justice Department is leading the anti-monopoly action against Microsoft, alleging that the company is using its market influence through products such as its Windows operating system for PCs to stifle competition.

Mr Gates was scheduled to begin his two days of depositions on Wednesday.



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