Justice Department asks for two days with Gates

The US Department of Justice is seeking two days to depose Microsoft chairman Bill Gates in its antitrust suit -- twice as long as the software company wants to make him available. According to the Justice Department, Gates is scheduled to give a deposition on August 12, but the government wants an additional 12 hours. Prosecutors could be satisfied with only eight hours of Gates testimony if he testifies 'to the best of his ability,' but they want him to be available for additional time as well.

The US Department of Justice is seeking two days to depose Microsoft chairman Bill Gates in its antitrust suit -- twice as long as the software company wants to make him available.

According to the Justice Department, Gates is scheduled to give a deposition on August 12, but the government wants an additional 12 hours. Prosecutors could be satisfied with only eight hours of Gates testimony if he testifies "to the best of his ability," but they want him to be available for additional time as well.

The government has also accused Microsoft of dragging its feet in scheduling depositions from 14 other Microsoft employees, including President Steve Ballmer.

In its 10-page filing last Friday, the Justice Department also requested source code from different versions of Windows 95 and Windows 98, another move Microsoft opposes, on grounds that Windows source code is its most valuable intellectual property. Last week, a federal judge in Utah ruled that Microsoft must turn over some Windows 95 source code to Caldera, which has filed its own antitrust suit against the Microsoft.

Microsoft and the Justice Department are due September 8 in US District Judge Thomas Penfield Jackson's Washington courtroom to argue the antitrust suit the government filed in May.

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