Judge Frederick J. Motz, who is overseeing hearings this week related to Microsoft’s proposed settlement involving a US$1 billion donation to the nation’s poorest schools, made comments today suggesting that Apple’s open criticism of the settlement is being seriously considered in the case, according to Reuters. Judge Motz agreed that if a structural bias against Apple’s established education marketshare existed, then it would be of concern to the court. Motz also asked Microsoft why the company didn’t distribute the money and let schools spend it on whatever software they liked, to which Microsoft General Counsel Tom Burt replied that the company would be able to provide more software at a lower cost than if schools were to purchase products on the open market. Burt also accused Apple of attempting to take Microsoft’s settlement money and have it spent on Apple products.