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1IN THE UNITED STATES DISTRICT COURT

2FOR THE DISTRICT OF COLUMBIA

3

4

5
UNITED STATES OF AMERICA,|
|
 
6
Plaintiff,|
|
 
7
vs.|
|
No. CIV 98-1232 (TPJ)
8
MICROSOFT CORPORATION,|
|
       VOLUME III
9
Defendant.|
|
       CONFIDENTIAL
10

11

12

13DEPOSITION OF BILL GATES, a witness

14herein, taken on behalf of the plaintiffs at

159:11 a.m., Wednesday, September 2, 1998, at One

16Microsoft Way, Redmond, Washington, before Kathleen

17E. Barney, CSR, pursuant to Subpoena.

18Stamp: (Handwritten) 60-7371-0014

19Stamp: DEPARTMENT OF JUSTICE

20Stamp: SEP -3 1998

21Stamp: ANTITRUST DIVISION

22Stamp: SAN FRANCISCO OFFICE

23REPORTED BY:
Kathleen E. Barney,
24CSR No. 5698
Our File No. 1-49196
25

1 time somebody sent an e-mail, part of the subject of

2which was DR DOS, and then this someone unidentified

3deleted the e-mail. Was that you, sir? Was this

4someone that you're referring to you?

5A. I think it's true in general that not

6every message that everyone here ever received about

7DR DOS would have necessarily been preserved by them

8 because most people here delete most of the e-mail

9they receive every day.

10In terms of me in particular, it's

11possible that sometime in history -- I'd say it's

12even likely -- I received a message about DR DOS that

13I didn't choose to keep. I don't keep most e-mail I

14receive.

15Q. Is there a message relating to DR DOS

16that not only did you choose to delete, but did you

17ask somebody else to delete?

18A. No.

19Q. Is there any message relating to DR DOS

20that you recall deleting?

21A. Well, since I delete 98 percent of my

22e-mails, I think it's likely that once there was a

23message about DR DOS that I deleted, but I don't

24recall any specific message.

25Q. That's what I'm asking. I'm not asking

589

1what was likely. I'm asking whether there was any

2message, in whole or in part, relating to DR DOS that

3as you sit here now under oath you can tell me that

4you remember deleting or causing to be deleted?

5A. No.

6Q. When was the last time you think it is

7likely that you deleted a message relating to DR DOS?

8A. Well, I don't think I've gotten a

9message that related to DR DOS in the last five

10years.

11Q. Have you deleted messages not only that

12you have received with respect to DR DOS but also

13messages that you have sent?

14A. I don't preserve messages that I send,

15so there's no --

16Q. You never preserve messages that you

17send?

18A. I don't preserve them. There is the

19 extremely rare case, which I've done almost never,

20 where you copy yourself on the e-mail.

21Q. And you don't either copy yourself or

22copy some file or something like that?

23A. No.

24Q. I just want to be sure of your

25testimony. Your testimony is you have never asked

590