Feeds

Judge quashes MS bid to subpoena Oracle and Sun

Refuses to annoy the EC

Choosing a cloud hosting partner with confidence

A Californian judge has thrown out Microsoft subpoenas asking that Oracle and Sun Microsystems hand over documents to support its case against the European Commission.

US District Judge Patricia Trumbull granted motions from Sun and Oracle to quash Microsoft's subpoenas and to also vacate an earlier order that had allowed Microsoft to serve the companies with subpoenas. Judges in New York and Boston, though, are considering similar requests brought by Microsoft against IBM and Novell.

Rejection comes as Microsoft squares off with the EC in Brussels over a potential 200-million-euro-a-day fine for failing to comply with the terms of a 2004 anti-trust ruling by the Commission on Microsoft's bundling of Media Player with Windows.

Microsoft brought subpoenas earlier this month after the Commission had rejected documents Microsoft attempted to introduce in to the case, ruling they were confidential.

In a harshly worded summary, Trumball said Microsoft had wrongly tried to cast the European Commission's directorate general for competition as an "adversary." Trumball said the court "presumes the neutrality" of both the directorate general for competition and of the European Commission.

She described Microsoft's subpoenas as constituting "an attempt to circumvent specific restrictions the European Commission has placed on Microsoft's right to obtain certain kinds of information."

Drawing a distinction between the "adversarial" US legal system and Europe's "inquisitional" system, the judge said: "As a matter of comity, this court is unwilling to order discovery when doing so will interfere with the European Commission's orderly handling of its own enforcement proceedings."®

Security for virtualized datacentres

More from The Register

next story
WHY did Sunday Mirror stoop to slurping selfies for smut sting?
Tabloid splashes, MP resigns - but there's a BIG copyright issue here
Spies, avert eyes! Tim Berners-Lee demands a UK digital bill of rights
Lobbies tetchy MPs 'to end indiscriminate online surveillance'
How the FLAC do I tell MP3s from lossless audio?
Can you hear the difference? Can anyone?
Google hits back at 'Dear Rupert' over search dominance claims
Choc Factory sniffs: 'We're not pirate-lovers - also, you publish The Sun'
Inequality increasing? BOLLOCKS! You heard me: 'Screw the 1%'
There's morality and then there's economics ...
While you queued for an iPhone 6, Apple's Cook sold shares worth $35m
Right before the stock took a 3.8% dive amid bent and broken mobe drama
prev story

Whitepapers

Providing a secure and efficient Helpdesk
A single remote control platform for user support is be key to providing an efficient helpdesk. Retain full control over the way in which screen and keystroke data is transmitted.
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.
Beginner's guide to SSL certificates
De-mystify the technology involved and give you the information you need to make the best decision when considering your online security options.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
Secure remote control for conventional and virtual desktops
Balancing user privacy and privileged access, in accordance with compliance frameworks and legislation. Evaluating any potential remote control choice.