Microsoft Appeals Decision to Keep Special Master

Microsoft petitions the Circuit Court of Appeals to revoke the District Court's decision to keep Lawrence Lessig in the position of Special Master.  On Dec. 23, 1997, Microsoft moved to remove Lessig from the position of Special Master on the basis that a Special Master is unwarranted in this case, and that Lessig is biased against Microsoft.  Microsoft claims that three electronic mail documents sent from Lessig to Netscape (Microsoft's fiercest rival in the browser market) demonstrate his bias.  Lessig declined to step down from the position as Microsoft requested, and the District Court issued a Memorandum and Order denying Microsoft's motion.

Microsoft asks the higher Court to issue a Writ of Mandamus - an overturning of a lower Court's decision - on the issue of Special Master.  Microsoft claims that they have the right to have the case tried by a true Court, not a private citizen, as it would if Lessig were given the responsibilities of Special Master.  Microsoft asks for a stay of proceedings while this petition is decided.

 Actual Text of Microsoft's Appeal