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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:
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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.
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Conditions of urgency justify a Special Master. Both sides agree
that expediency is necessary in this case. A Special Master significantly
speeds the process.
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Lessig's power is limited. He only reviews evidence, and doesn't
have absolute authority in judicial decisions.
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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
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