Oracle, arguing that it has the right to protect sensitive information, has asked a federal judge to block Microsoft's attempt to obtain internal Oracle documents to bolster its antitrust defense.
Microsoft, which goes to trial 15 October to face antitrust charges brought by the Justice Department and 20 states, countered that the documents are "plainly relevant" to its case. Microsoft believes that Oracle is among a group of companies that formed a powerful alliance to undermine the software giant. These internal documents, Microsoft believes, will prove that an alliance existed.
Specifically, Microsoft accuses Oracle, the world's largest database company, of withholding evidence that could help Microsoft's antitrust case.
Oracle, in turn, accuses Microsoft of monopolistic behavior, borne out, a spokesman said, by Microsoft's "belief that it is entitled to use judicial process to delve into its competitors' most sensitive commercial information."
"We think the documents requested are not pertinent to the question of whether Microsoft is guilty of the issues at hand," the official added. A judge is expected to rule Tuesday on whether or not Oracle must produce the material.
Microsoft subpoenaed Oracle and a number of other prominent high-tech companies on 4 September, after a federal judge ordered Microsoft to supply additional materials to government lawyers.
The other subpoenas went out to Netscape, Sun, IBM, and Novell. The companies were required, among other things, to provide all records of meetings and communications involving efforts to develop new computer technologies with each other or with leading computer-makers Apple, Hewlett-Packard, and Compaq.
Microsoft's contends that these companies, in league with Oracle, were exercising their own collective strong-arm tactics to gain prominence in the browser software market. These include allegations that "alliance" members agreed to end competition among themselves and to use Netscape's browser instead of Microsoft's Internet Explorer, or any other in-house browser the group may have been developing.
Microsoft said the other companies subpoenaed had already responded or are in the process of submitting documents in time for the trial next month.
