IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Civil Action No. 98-1232 (CKK)
Next Court Deadline: March 6, 2002
Tunney Act Hearing
UNITED STATES’ SUPPLEMENT TO PRIOR MOTION FOR LEAVE OF COURT TO
ADOPT AN ALTERNATIVE PROCEDURE FOR COMMENT PUBLICATION
Pursuant to the Court’s Order of February 15, 2002, the United States files this
supplement to its prior Motion for Leave of Court to Adopt an Alternative Procedure for
Comment Publication in this Tunney Act proceeding (filed February 12, 2002) (“Motion”).
During the status conference with the parties on February 8, 2002, the Court suggested
that, in addition to the United States’ proposal to make CD-ROM versions of the Tunney Act
public comments available at cost, we also give consideration to providing each state a number
of CD-ROMs free for their public libraries. Tr. (2/8/02) at 9. In our Motion proposing an
alternative publication procedure, we advised the Court that we were studying various options to
try to develop a mechanism to efficiently distribute CD-ROMs free to libraries. Motion at 8.
Subsequently, in the February 15, 2002, telephone status conference with the Court, we indicated
that it was possible that the costs of producing CD-ROM copies of the comments would be low
enough that the United States could provide CD-ROMs free of charge to anyone requesting them.
The Court suggested that, should the United States be able to provide CD-ROMs at no cost to
UNITED STATES OF AMERICA et al v. MICROSOFT CORPORATION
1We note that the effectiveness of the Internet as a means of public access to the
comments was further demonstrated by the number of people who accessed the 47 "detailed"
comments posted on the Antitrust Division’s website. Although those comments were only
those who request them, the Court’s concerns regarding establishing a method of free access to
the CD-ROMs through providing