Microsoft's Appeal Denied

The Court claims that Microsoft is unfounded in its claims that Lawrence Lessig be removed from the position of Special Master to the Case.  The Court appeals to the rationale set forth by the DOJ for why Microsoft's claim is unfounded:

  •  The complex issues of the case justify the use of a Special Master.  Because the case involves highly technical issues, it is appropriate that the evidence be reviewed by someone with technical expertise who can best understand the complexities of the issues.
  • Conditions of urgency justify a Special Master.  Both sides agree that expediency is necessary in this case.  A Special Master significantly speeds the process.
  • Lessig's power is limited.  He only reviews evidence, and doesn't have absolute authority in judicial decisions.
  • Microsoft has not proven that Lessig is biased.
The Judge further reiterates that he does not feel the appointment of a Special Master is an abdication of his duties, and that Microsoft's accusations of bias are unfounded.

Therefore, Judge Jackson orders there is no basis for removing Lessig, and that there is no basis to stay further proceedings.

 Actual text of Court's Memorandum and Order
 Actual text of Government's Argument why Lessig Should Not be Removed