Oracle Loses A Round To Rival
Software-maker Oracle Corp. was ordered by a judge Tuesday to turn over some internal documents to rival Microsoft Corp., which believes the papers will help it fight the government's antitrust lawsuit.
But U.S. District Judge Thomas Penfield Jackson agreed to limit the types of information that Oracle must hand over to Microsoft.
Oracle, a $7.1 billion competitor based in Redwood City, Calif., called Microsoft's original request for documents "far too vast."
Oracle said Microsoft "apparently believes that its status as an accused monopolist entitles it to use judicial process to delve into its competitors' most sensitive commercial information."
Microsoft, in turn, accused Oracle of trying to hide evidence that will help its court case.
Microsoft described the information it wants as "plainly relevant." It asserts that Oracle is included among companies that formed a "Rebel Alliance," which collaborated to oppose Microsoft's industry influence.
Oracle's refusal to turn over the documents, less than three weeks before the Oct. 15 trial, could have been grounds for further delays in the case, but Jackson on Tuesday indicated the case will begin as scheduled: "There will be no further delays," he said.
In subpoenas earlier this month, Microsoft wanted details about high-level strategy meetings among Oracle, Netscape Corp., Apple Computer Inc., IBM Corp., Novell Inc., Sun Microsystems Inc., Hewlett-Packard Co. and Compaq Computer Corp.
Jackson agreed to limit Microsoft's request to any agreements actually entered, not just considered or proposed, among Oracle and the seven other companies.
"We don't believe any of it is relevant," Donald Falk, Oracle's lawyer, said Tuesday.
Microsoft, accused by the government of trying to muscle rivals to protect its lucrative Windows operating system, is seeking to show that other companies also routinely collaborate in alliances against common competitors.
Specifically, Microsoft wanted information about:
- An alleged 1994 meeting with Oracle, Sun, IBM and others when companies reportedly discussed how to end competition among themselves. Microsoft said Oracle planned "a convoluted set of transactions" to buy IBM's Lotus Development Corp., then sell part of Lotus to Novell. Novell would then offer Oracle its operating system, Unix, which competes with Windows.
- An agreement by Oracle to use Netscape's Internet browser and to end development of Oracle's own competing software, called "PowerBrowser."
- An agreement by Sun to use Netscape's browser and curtail development of its own, called "Hot Java."
Microsoft said the other companies it sent subpoenas have already responded or are in the process of submitting requested documents.
Written By TED BRIDIS