Warden, who had a chance to question Barksdale once Boies was through, showed the Netscape executive an e-mail message from Microsoft to Netscape that took issue with the contention that the software giant did not disclose the necessary programming interfaces. Barksdale refused to concede any of the points in the message and took umbrage to a section in the document that stated that similar tactics were employed by Netscape. Such sparring occurred two more times, as Barksdale, looking fatigued after five days in the witness stand, sought to speed up the questioning. Earlier Microsoft had objected to the government's intention to show eight hours of a 20-hour deposition given by Microsoft Chairman Bill Gates during the course of the trial, saying the Justice Department instead should have called Gates as a witness. U.S. District Judge Thomas Penfield Jackson, however, ruled late yesterday that the government could show as much of the tape as it wants.
Current plans call for showing of the taped deposition to begin tomorrow.