The government and Microsoft Corp. share reservations over the proposed use of an independent computer expert by the U.S. Court of Appeals and are warning that it might be almost impossible for him to maintain neutrality in a minefield of disputed technical issues related to the antitrust case against the software vendor.
Legal experts say the move is well-intended and makes sense.
But in papers filed yesterday with the court, Microsoft and the government each raised concerns. Microsoft, for instance, said Hites could easily cross into contentious legal areas with seemingly simple explanations. Microsoft, however, went a step further and questioned Hites' neutrality. A Sun executive, James Gosling, testified for the government during the trial. But even strong supporters of the government's case have concerns about the use of any expert witness.