Despite protests from Microsoft Corp. that he is biased, Professor of Law L. Lawrence Lessig will continue as a special master in the U.S. government's anti-trust suit against the software giant, a Microsoft spokesperson said yesterday.

Microsoft tried to force the Harvard professor to leave the position, alleging that he is a "partisan of Netscape" with "clear bias" against Microsoft.

The allegations came after the Justice Department released an e-mail Lessig wrote to a Netscape executive last year criticizing Microsoft. Lessig wrote that he "sold [his] soul" by installing Internet Explorer (Microsoft's answer to the Netscape's popular Navigator Web browser) on his computer.

Lessig also said that he had discussed the possibility of personal legal action against Microsoft with a law school colleague, Professor of Law Charles R. Nesson '60.

In a Monday letter to Lessig, Microsoft argued that it was impossible for him to adjucate the proceedings in light of his writings.

"Microsoft regards the sentiments expressed by you as...exhibiting clear bias against Microsoft, disqualifying you from any further participation in this case....

"Microsoft...requests that you disqualify yourself immediately," the letter said.

Lessig told Microsoft in a conference call Tuesday afternoon that he will stay on the case, according to Microsoft spokesperson Jim W. Cullanin.

"It was the indication to us on that call that he was planning to stay on that case. We are proceeding as if he is going to remain," he said.

Highly technical evidence

The Justice Department initiated the anti-trust litigation in question last year, arguing that Microsoft illegally tried to gain market share in the Internet browser wars by integrating Internet Explorer and the Windows 95 operating system.

Microsoft controls roughly 90 percent of the operating system market. Until recently, Netscape had a near-total monopoly on Web browser software, but within the last two years Microsoft has captured approximately 40 percent of the market through aggressive marketing of Internet Explorer.

District Court Judge Thomas P. Jackson appointed Lessig as a special master to sift though the "extensive highly technical evidence" in the case in December.

Lessig was charged with proposing "findings of fact and conclusions of law for consideration by the court," with the court making final determinations.

Microsoft filed a motion against the court appointment of the special master last week, prompting the government to file a rebuttal on Monday. Microsoft will file a response to the government rebuttal this coming Monday, Cullanin said.