IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
STATE OF NEW YORK ex rel.
Attorney General DENNIS C. VACCO, et al.,
Civil Action No. 98-1232 (TPJ)
Civil Action No. 98-1233 (TPJ)
PLAINTIFFS' SIXTH JOINT REQUEST FOR PRODUCTION OF DOCUMENTS
Plaintiff the United States and plaintiff States hereby request, pursuant
to Rule 34 of the Federal Rules of Civil Procedure, that defendant Microsoft
Corporation produce for inspection and copying the following documents
in its possession, custody or control, on October 20, 1998 at 9:00 a.m.
at Microsoft's Offices in Redmond, Washington, or at such place(s) and
time as may be mutually agreed by the parties.
- "Actions" means United States v. Microsoft Corporation,
Civil Action No. 98-1232 (TPJ), and State of New York ex
rel. Attorney General Dennis C. Vacco, et al., v. Microsoft
Corporation, Civil Action No. 98-1233 (TPJ).
- "And" and "or" are intended to have both conjunctive and disjunctive
- "Document" has the broadest meaning accorded to it by Rule 34 of
the Federal Rules of Civil Procedure, and includes but is not limited
to all of the matters defined in Rule 1001 of the Federal Rules of
Evidence. It also includes each computer file and written, recorded,
and graphic material of every kind in the possession, custody or control
of Microsoft, electronic correspondence and drafts of documents, electronic
mail messages, copies of documents that are not identical duplicates
of the originals, and copies of documents the originals of which are
not in the possession, custody or control of Microsoft The term "computer
files" includes information stored in, or accessible through, computer
or other information retrieval systems. Unless otherwise specified,
the term "document" excludes bills of lading, invoices, purchase orders,
customs declarations, and other similar documents of a purely transactional
nature and also excludes architectural plans and engineering blueprints.
- "ICP" means any Internet Content Provider that creates World Wide
Web content viewable by Internet browser product users in the United
- "ISP" means any Internet Service Provider, including any Online
Service Provider, providing service to customers in the United States.
- "ISV" means any producer of any software product for sale or licensing
to customers in the United States.
- "Investigations" means the United States' and/or any State's investigations
of Microsoft's agreements with OEMs, ISPs, ICPs, and any other persons
concerning the installation, licensing, distribution, marketing, or
promotion of Internet Explorer.
- "Microsoft" means Microsoft Corporation, each of its predecessors,
successors, parents, divisions, subsidiaries, and affiliates, each other
person or entity directly or indirectly, wholly or in part, owned or
controlled by it, each partnership or joint venture to which any of
them is a party, and all present and former officers, directors, employees,
agents, consultants, or other persons acting for or on behalf of any
- "Microsoft operating system product" means each commercially released
version of Windows 95, Windows 98, any 16-bit Windows operating system,
MS-DOS, and Windows NT Workstation.
- "OEM" means any manufacturer of personal or notebook computers for
sale to customers in the United States.
- "Person" means any natural person, corporation, firm, company, sole
proprietorship, partnership, joint venture, association, institute,
or other business, legal, or governmental entity.
- "Relating to" means discussing, describing, referring to, reflecting,
containing, analyzing, studying, reporting on, commenting on, evidencing,
constituting, setting forth, considering, recommending, concerning,
or pertaining to, in whole or in part.
- "Third Party" means any person other than the United States, any
State, Microsoft, or any officer, director, employee, agent, consultant,
or other person acting for or on behalf thereof.
- If documents responsive to this Request previously have been submitted
to the Antitrust Division or any of the plaintiff States and have not
been returned by the Division or those States (or destroyed at your
direction or pursuant to judicial order), you need not reproduce such
documents. Please identify all documents previously produced, including
the date of submission and the document control number or other identification
of where in that submission the documents can be found.
- All drafts and non-identical copies of responsive documents should
- For each document or portion thereof withheld under a claim of privilege,
submit a sworn or certified statement from Microsoft's counsel or one
of Microsoft's officers identifying the withheld document by author,
addressee, date, number of pages, subject matter, and document control
number, specifying the nature and basis of the claimed privilege and
the paragraph of this Request to which the withheld material is responsive;
and identifying each person to whom the withheld material was sent and
each person to whom the withheld material or its contents, or any part
thereof, was disclosed. Denote all attorneys identified with an asterisk.
- This Request shall be deemed continuing as provided in the Federal
Rules of Civil Procedure, so as to require further and supplemental
production if additional documents called for by this Request are obtained
or created by Microsoft between the time of the Request and the time
- All data contained in or other contents of Microsoft's "MS Sales"
or "OEM Query" databases relating to any Microsoft Windows operating
systems product (excluding Windows NT) or to Internet Explorer, regardless
of the "field" or "channel" in the database by which such data is organized
(and including but not limited to the "finished goods" and "online"
channels), including but not limited to data relating to license terms,
distribution, sales, number of units shipped, royalties paid, sales
forecasts, revenue, or costs, for the time period January 1, 1990 to
| DATED: October 19, 1998
Christopher S Crook
Phillip R. Malone
Special Trial Counsel
U.S. Department of Justice
450 Golden Gate Ave., Room 10-0101
San Francisco, CA 94102