Microsoft Responds to Last-Minute DOJ Request for Windows Source Code and Executive Depositions

Redmond, Wash., August 4, 1998 — Microsoft responded in Federal District Court today to a Department of Justice motion to force the company to turn over its source code for Windows 95 and Windows 98, and to comply with new demands to depose 17 Microsoft executives one month before the antitrust trial begins in September. The motion, filed on Friday, July 31, is part of an ongoing antitrust lawsuit between Microsoft and the DOJ and several state attorneys general.

Today’s filing outlines what Microsoft believes is a reasonable response to the motion. Microsoft will provide the requested Windows 95 and Windows 98 source code, as long as this key intellectual property is properly protected. Microsoft believes that the DOJ’s request to depose 17 Microsoft executives one month before trial is unreasonable, and has instead offered nine senior executives for depositions, including chairman and CEO Bill Gates and president Steve Ballmer. The DOJ waited more than two months before asking to depose Gates.

Microsoft is focused on preparing its case for trial in September, and is concerned that the DOJ may be using these last-minute demands to obstruct the company’s pre-trial preparation.

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