You have to wonder how many Judge Jackson decisions will be thrown out before he gets the message: The U.S. Court of Appeals on Wednesday granted Microsoft's request for a temporary stay of Jackson's ruling that would have opened depositions of CEO Bill Gates and other Microsoft executives to the public. In the meantime, the DOJ is allowed to begin depositions, starting with Gates, Microsoft president Steve Ballmer, and up to 15 other executives. The depositions will be videotaped in the event that a future ruling does allow them to be publicly viewed.

Microsoft argued that public depositions would open the company's trade secrets.

"We are gratified by today's decisions and will move ahead in preparation for trial, including the depositions of Microsoft executives, as soon as possible," said Microsoft spokesperson Jim Cullinan. "The court's ruling will allow the depositions of Microsoft executives and third parties to begin without delay in the same manner that depositions have already been taken. We are looking forward to presenting our case in court in September."

In other Microsoft news, the antitrust trial that was to begin on September 8 has now been postponed to September 23