Judge Rejects Hearsay Testimony
The judge made clear that she would not allow new accusations of anti-competitive behavior and, on Microsoft's request, she ruled out portions of written testimony that she characterized as hearsayIn the third day of the remedy hearing pursued by nine states and the District of Columbia against Microsoft Corp. for its anti-competitive conduct, U.S. District Judge Colleen Kollar-Kotelly attempted to streamline some of the testimony and urged the parties to provide more substance in their responses. The judge made clear that she would not allow new accusations of anti-competitive behavior, and, on Microsofts request, she ruled out portions of written testimony that she characterized as hearsay. She also asked both camps to provide more pointed responses to each others allegations in the hearing that is expected to last at least another six weeks. RealNetworks Inc. Vice President David Richards took the stand this afternoon, claiming that his company had been the target of anti-competitive behavior by Microsoft. However, prior to his appearance, Kollar-Kotelly struck several portions of his written testimony, calling them "classic hearsay." The rejected testimony alleged that Microsoft compelled OEMs to forgo agreements to install RealNetworks media players, but it did not offer direct evidence to that effect.
Richards alleged that Microsoft withheld technical information, making it difficult for RealNetworks media players to operate smoothly with the Windows operating system because the Redmond, Wash., software giant viewed RealNetworks as a competitive threat to its own Windows Media Player. Microsofts cross-examination of Richards attempted to show that, rather than being a victim, RealNetworks has achieved considerable success.