MS demands more Sun, AOL Netscape documents

The DoJ got lots more info than Microsoft did, apparently...

MS on Trial Microsoft has asked Judge Jackson to compel AOL, Netscape and Sun to produce all emails related to AOL's November takeover of Netscape. Microsoft is somewhat ticked-off that the alliance produced more than 120 boxes of documents to the DoJ, but less than three boxes to Microsoft in response to its subpoenas. In an emergency motion that Judge Jackson will probably rule on this morning, Microsoft asks that the court helps Microsoft obtain any missing emails "discussing the transactions". Microsoft maintains that it is industry practice to use email a great deal, but has evidently overlooked the possibility that the alliance might have been particularly careful not to have left an interesting email trail for Microsoft to pick over. It is clear that Microsoft's interest extends beyond its stated purpose of seeking documents for its own defence. The other purposes probably include Microsoft wishing to know as much about the business plans as possible, and also trying to obtain information to try to upset the complex fiscal structure of the deal. Microsoft is now asking the court to agree that its document request may extend beyond those documents produced by the alliance to the DoJ, but it is unlikely that if this is granted (and it probably will be), there will be much meat for Microsoft. The trial has shown that Microsoft's folly was in leaving a trail of email that has done a great deal to negate Microsoft's public positions on many issues, and to expose where Microsoft had resorted to dirty tricks. Lisa Poulson for Sun said that the company "did a thorough production ... complied with the subpoena, and ... satisfied the requirements in good faith." ® Complete Register trial coverage

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