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April 18, 2006

Microsoft Loses Attempt to Get Documents in EU Case

The attempt was in a federal district court in Boston.  In this case, Microsoft sought documents from Novell to bolster its defense in its antitrust battle with the European Commission.  The EU would not give Microsoft the documents directly, citing them as confidential.  Microsoft then went to U.S. Courts under a law that allows discovery of information to assist foreign tribunals.

Microsoft was criticized by the judges in this case another seeking similar documents from Sun Microsystems and Oracle.  Both had said Microsoft mis-characterized the European Union as being unable to supply the documents Microsoft was seeking.  The EU filed briefs in the cases stating that Microsoft's filing was a "thinly veiled attempt to circumvent the procedures for and limitations on proof-gathering established by the laws of the European Community."  Judge Mark Wolf agreed, even quoting that language in his opinion.

A similar case is pending in New York against IBM.

For stories on both decisions, see CNET, the Boston Globe, the Register, and CIO.

April 18, 2006 | Permalink

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