Judge Orders Microsoft to Search for E-Mail Related to Burst.com Case

Authored by Mark Hefflinger on May 24, 2004 - 7:37am.
Santa Rosa, Calif. -- A federal judge in Baltimore has ordered software giant Microsoft to search for an e-mail from one of its executives that allegedly ordered employees to delete any e-mails relating to the company's discussions with a Bay Area firm, the Associated Press reported. Santa Rosa, Calif.-based Burst.com sued Microsoft in 2002, alleging that the company stole its ideas for multimedia software after discussing the technology for several months with Burst. Now, U.S. District Judge J. Frederick Motz has ordered Microsoft to search computers, servers and backup tapes, as well as question the company's lawyers, about the alleged e-mail sent by vice president James Allchin. According to lawyers for the plaintiff, the e-mail warns employees not to save their e-mail for more than 30 days. Spencer Hosie, an attorney for Burst.com, said that the e-mail could have large ramifications, since Microsoft at the time was "up to its neck in high-stakes litigation." "It appears Microsoft as matter of institutional policy has decided to destroy e-mails in anticipation of litigation," Hosie told the AP.
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