04/22/02

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Gates Takes Stand, Refuses to Give It Back

WASHINGTON (NOT) - Microsoft chairman and co-founder Bill Gates took the stand in defense of his company today and refused to give it back. Stunned prosecutors for the nine states still litigating tried to retake it by guile and later by force, but U.S. District Judge Colleen Kollar-Kotelly denied their motions, a move widely seen as an affirmation of the software company's demand for freedom to innovate.

"If nothing else, it's certainly an innovative legal strategy," said Marvin Lenare, a Boston antitrust attorney. "Without the stand, it's not clear whether the remaining states can continue. You have to put your witnesses somewhere."

While on the stand, Gates monopolized the proceedings. Demonstrating an encyclopedic memory -- something not evident in an earlier video deposition -- he testified at length about his company, its role as an essential engine of the economy, and anything else that came to mind.

Hoping for a chance to tell the states' side of the story, prosecutors made several attempts to dislodge the billionaire, but Gates proved more resourceful than expected. During the final assault, he felled three state attorneys with Judge Kollar-Kotelly's gavel in a hastily improvised defense.

Though attorney Steven Kuney decried Gates' actions as anti-competitive, his objections appeared to fall on deaf ears.

With both sides exhausted, Judge Kollar-Kotelly adjourned for the week.

Gates is expected to resume his testimony on Monday and to continue until he's forced to yield. If his recent performance gives any indication of his will to fight, the states may need reinforcements.

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