Microsoft Corp has struck back against the Justice Department, fighting efforts by the government to obtain the source code to Windows 95 and Windows 98 and to depose 17 Microsoft executives in connection with the upcoming antitrust case. The company filed papers with the US District Court Tuesday outlining its reasons for resisting the DOJ’s demands in which it referred to the source code as the software equivalent to the formula for Coca- Cola. The filing also complained about the number of executives called for testimony so soon before the trial is set to begin September 8. It called the government’s request for chief executive Bill Gates to testify for two days – rather than the eight hours it has made him available for – an unfair and misguided imposition on the company, noting that Gates is an extremely busy person. Microsoft accused the government of gamesmanship in waiting so long to seek depositions from executives, implying that government lawyers intentionally sought to tie up key Microsoft staff at a time when their efforts are needed to prepare for the trial. As for the source code, Microsoft is seeking a guarantee that anyone who would be looking at it will not work on computer operating systems for 12 months or work for anyone deemed a Microsoft competitor, a veritable who’s who of software firms, for 18 months. The company contends that many of the states involved in antitrust investigations already agreed to such terms when requesting the source code for Windows 98.
