Microsoft Corp. developed policies stressing the systematic destruction of internal e-mails and other documents crucial to lawsuits it has faced in recent years, a California software company alleges.
Burst.com, in court papers unsealed this week, also accuses Microsoft of destroying e-mails crucial to Burst's lawsuit against the software giant even after the trial judge ordered it to retain the documents. Burst had previously claimed that Microsoft deleted e-mails it needed for evidence. But the unsealed 50-page motion, filed Oct. 29, provides new details, Burst says, of "institutional policies" by Microsoft "to make sure that incriminating documents disappeared."
Burst is suing Microsoft for alleged anticompetitive behavior, saying Microsoft misappropriated the intellectual property behind its multimedia software after breaking off talks with Burst on a joint project.
Burst, according to the motion, wants the jury in the case to be told that Microsoft failed to retain important documents, so jurors should infer that the company did so because those documents were damaging. "Critical e-mails have been destroyed and will never be recovered. We've tried; they're gone forever," said Burst's lead attorney, Spencer Hosie. "This is the only remedy that's left open to us."
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News source: Associated Press
Burst.com, in court papers unsealed this week, also accuses Microsoft of destroying e-mails crucial to Burst's lawsuit against the software giant even after the trial judge ordered it to retain the documents. Burst had previously claimed that Microsoft deleted e-mails it needed for evidence. But the unsealed 50-page motion, filed Oct. 29, provides new details, Burst says, of "institutional policies" by Microsoft "to make sure that incriminating documents disappeared."
Burst is suing Microsoft for alleged anticompetitive behavior, saying Microsoft misappropriated the intellectual property behind its multimedia software after breaking off talks with Burst on a joint project.
Burst, according to the motion, wants the jury in the case to be told that Microsoft failed to retain important documents, so jurors should infer that the company did so because those documents were damaging. "Critical e-mails have been destroyed and will never be recovered. We've tried; they're gone forever," said Burst's lead attorney, Spencer Hosie. "This is the only remedy that's left open to us."
View: Complete Article News source: Associated Press
Foundation: As something of a treat for players, we’ve decided to make the unlockable multiplayer map, Foundation, available to everyone. Previously, to unlock Foundation, it was necessary to both complete the game and activate a “training event” on the final level. We reckon that was too tough for most, and wanted very much to share Foundation – inspired by our old shoot ‘em up Marathon – with Halo 2 players everywhere. Once you have the autoupdate, you’ll be able to play this rarely seen arena map with anyone you wish. And be sure to try a game of four-team CTF on this map. It's a hoot!
They were shot with a .45 ... The defendant had a .45 which went missing so lets assume that that .45 was the one that shot them.
O.o.o.kay...
Its a shame that the documents are no longer linked need i say they made for an interesting read if anyone knows of a mirror for them please post it as i lost them a while back.
Edit: I have found them and if anyone wants to provide me a place to upload them let me know total size for both = 1.3mb
You, on the other hand, have already assumed they did it. Great job.
remember just because you like a companies product doesn't mean you have to like the company. personally I don't like either but that is my preference.
It's not like this is the first time Microsoft has done this.
News Clips from September 15, 1998
I haven't made up my mind. In fact, all I said was that there are plenty of dumbasses who have sued Microsoft for a quick buck. True enough.
The fact of the matter is that I don't have enough evidence to state whether or not Microsoft is guilty. And neither do you.
I'm a fanboy because I told you not to jump to conclusions? You're a freaking idiot.
"You will find the two relevant unsealed documents in their entirety in this week's list of links."
Anything else to add? like i said if anyone wants them ill upload them to anywhere you please.
The support i have is contained within the documents, i assume you have read them by now. For example Chris Phillips was omitted from the list of employees that MS had involved in the negotiations in question when he was in fact the key figure involved. As regards to emails Jim Allchin did make MS employees purge e-mails every 30 days and i quote
"This is not something you get to decide. This is company policy. ... Do not archive your mail. Do not be foolish. 30 days."
Further more convincing evidence is given by Candy Stark excluding emails from back-up procedures because and i quote "due to legal reasons".
I see the evidence contained within these court documents as pretty strong evidence against MS of not only withholding (Phillips) but also destroying evidence (Allchin, Stark), as did the Judge being that he actually unsealed them so that others could view them. I suggest if you actually want to challenge the case or me you should read the documents for yourself rather than resorting to childish comments and questioning the validity of my statements.
Ok, there are "fingerprint" in each email but they can be altered-faked or some no-authorized users can send a email using a pc of a comrades.
So you think that a good defense for Microsoft is for them to claim that they don't secure their executives' computers well enough to prevent anybody from sending mail from their computers?
@ 8-n-1 You honestly think that Microsoft saying they failed to secure their executives computers would really help their immage? I mean if they can't secure their machines how are we (the consumer) supposed to rely on them to keep our own stuff secure? I know I'd sleep a little less uneasier at night knowing Microsoft can't even secure their own stuff.
Billy G did report a couple of months ago that he was a victim of spyware, sweet dreams.
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