Microsoft lawyers wrote that the nine states still suing the company don't plan to oppose the motion.
In arguing for access to the depositions, media organizations including The New York Times and Reuters America relied on a 1913 law that calls for public access to witness depositions in a suit brought by the federal government.
U.S. District Judge Thomas Penfield Jackson agreed, and several journalists attended and wrote stories based on witness depositions.
But the federal government, as well as nine other states, settled their antitrust suit with the software giant last year and won't be involved in the depositions.
``The court should make it clear that (the 1913 law) does not apply to any depositions taken in the non-settling states' action,'' Microsoft lawyers wrote to U.S. District Judge Colleen Kollar-Kotelly, who is now adjudicating the case.
Lee Levine, a lawyer representing the media organizations, said he was still reviewing Microsoft's request and could not comment. A spokeswoman for the Times did not immediately return a phone call late Wednesday.
Microsoft took action after lawyers for the Times and The Washington Post said they intend to sit in on the upcoming witness interviews before the trial. Several top Microsoft officials, executives of Oracle, Sun Microsystems, AOL Time Warner and outside experts are scheduled to testify.
A trial is scheduled in March to determine what added penalties Microsoft should face for breaking antitrust law. Nine states, as well as the District of Columbia, chose not to sign on to the federal government's settlement.
http://accesswdun.com/article/2002/1/200363