Gates: Smile Would Have Helped, But He Told Truth

WASHINGTON - Bill Gates said he wished he'd smiled more during his videotaped deposition taken before the Microsoft antitrust trial started, but that he stands by all of his answers' to questions posed by government prosecutors.

Gates, speaking to reporters here via satellite today, doused speculation that Microsoft lawyers would call him a witness. He challenged the government to put him on the stand. So far, neither side has him on the witness list.

Gates attacked David Boies, the U.S. Department of Justice's lead attorney in the case.

"I answered truthfully every single question that was put forth," Gates said. "You have to understand that Mr. Boies made it clear in the negotiations leading up to the case that he is really out to destroy Microsoft. He is really out to make all the good work we've done - and make us look very bad. He's a lawyer asking questions using ambiguous terms."

Boies said today that Gates' comments about him were irrelevant. He again suggested that Gates present himself to the court.

"If his lawyers choose to call him at trial, he will have an opportunity to testify again under oath and I will have another opportunity to cross-examine him," Boies said.

Gates said he didn't realize that the videotaped deposition would ever become public. The deposition occurred over "three long days over 20 hours," Gates said. "I do have to say what's gone on with the use of that deposition does seem very strange to me. First of all, at the time it was given, the rules were that no videotape would be used in court." However, Marc Wurzel, spokesman for New York Attorney General Dennis Vacco, said no such an agreeement was reached.

Gates, in his deposition, often forgets about meetings he attended and e-mails he sent or received.

Gates said today that had not been prepared to answer questions about the e-mails presented to him. He reiterated what his spokesmen have said that he gets 10,000 pieces of e-mail a year. But he acknowledged that did not come across as well as he would have liked.

"Would I have smiled a little bit?" Gates asked? "Would I have made sure that the camera (made him look better) . . . if I had known that the rules were going to change subsequent to the deposition? Absolutely."

Gates said, though, that his deposition is not the issue in the case. Instead, the key issue is Microsoft being permitted to offer consumers choices, such as an Internet browser in the Windows operating system. The government has contended that the browser was added to the operating system in order to give it an unfair advantage over competitors, such as Netscape Communications.

"Justice is not about that camera (making Gates) look poorly or his asking those ambiguous question," Gates said. "Justice is about our putting the browser in and that being is something people should be able to have for free."