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MS ordered to hand over Win98 uninstall data

And how come an MS attorney was claiming the data 'does not relate' to the testing?

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Microsoft was yesterday ordered to hand over documents relating to its testing of Edward Felten's uninstall program to the DoJ, after their existence was revealed in an email earlier this week (See Story). The data seems to include an Excel spreadsheet giving details of functionality shared between browser and shell in Windows 98's shdocvw.dll file. Judge Jackson also ordered Microsoft to hand over several related emails. The spreadsheet may or may not be useful to the DoJ. Its existence became public after an email discussing it, from Microsoft tester David D'Souza, was given to the DoJ by Microsoft, apparently in error. Arguing against having to hand over the data Microsoft attorney David Holley wrote: "After further consultation with our client, we have determined that the spreadsheet does not relate to any testing by Microsoft of Dr. Felten's prototype removal program," adding for good measure that he email was "inadvertently produced," and asking for the return of all copies. This is somewhat confusing, to say the least. D'Souza would appear to have been involved in the testing of Felten's program, and although one the one hand he says that quite a lot of shared functionality is shown by his data, on the other he says that "this list could be used to 'separate' shdocvw into two parts: Shared+shell and browser specific. So this may not be useful [to Microsoft's efforts to demonstrate inextricable integration]." It would appear that the spreadsheet in question contains the data D'Souza based these views on, and that therefore it does relate to Microsoft's testing. Holley's claim was therefore wrong. We trust he just made a mistake - obviously no-one involved would wish to mislead the court. ® Complete Register trial coverage

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