It was alluded to in a footnote of the testimony of Frederick R. Warren-Boulton, an economist called to testify for the government, who argued that the arrangement shows that it is possible to remove the icon and other Internet Explorer functions without damaging Windows. In court, Microsoft executives have argued vociferously that the restrictions on computer makers are intended to prevent technical problems and preserve the copyrighted appearance of Windows. The Microsoft official maintained that the Dell arrangement does not contradict the company's courtroom statements. Dell is acting for the end user here. The trial is in recess until April 12.
Judges routinely make such requests to lawyers.
Thus far, there have been no settlement discussions, the sources said. Lawyers on both sides have been on vacation since the break began late last month. A Microsoft spokesman said yesterday that the company is open to listening to an offer from the government. Government lawyers, however, believe the company should make the first move, sources close to the government case said. The sources predicted that informal discussions could begin later this month.