... But the most surprising decision was the verdict on Judge Jackson's ruling.
The appeals court said it would have thrown out Judge Jackson's break-up order even if it supported the arguments "because the District Court failed to hold an evidentiary hearing to address remedies-specific factual disputes".
"The trial judge engaged in impermissible ex parte contacts by holding secret interviews with members of the media and made numerous offensive comments about Microsoft officials in public statements outside of the courtroom, giving rise to an appearance of partiality," the court said.
"Although we find no evidence of actual bias, we hold that the actions of the trial judge seriously tainted the proceedings before the District Court and called into question the integrity of the judicial process." For the same reasons the court said it would "remand the case to a different trial judge".
In its finding, the Appeal Court said the judge did not just talk to the reporters, he "pandered" to them.
The seven appeals judges said they found no evidence of actual bias by Judge Jackson.
During the original trial, Jackson held court for a group of reporters who promised not to write anything until after his judgment was released.
During the talks Judge Jackson told reporters that Mr Gates had never grown up or learned to take responsibility for his actions and was just a kid with long hair when he started the company. He also said that Mr Gates and his colleagues were liars.
http://www.theage.com.au/business/2001/06/30/FFXUOG9HJOC.html