Deposition Of Bill Gates : U.S. V. Microsoft Corporation


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1 IN THE UNITED STATES DISTRICT COURT

2 FOR THE DISTRICT OF COLUMBIA

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UNITED STATES OF AMERICA, |
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Plaintiff, |
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vs. |
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No. CIV 98-1232 (TPJ)
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MICROSOFT CORPORATION, |
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       VOLUME III
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Defendant. |
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       CONFIDENTIAL
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13 DEPOSITION OF BILL GATES, a witness

14 herein, taken on behalf of the plaintiffs at

15 9:11 a.m., Wednesday, September 2, 1998, at One

16 Microsoft Way, Redmond, Washington, before Kathleen

17 E. Barney, CSR, pursuant to Subpoena.

18 Stamp: (Handwritten) 60-7371-0014

19 Stamp: DEPARTMENT OF JUSTICE

20 Stamp: SEP -3 1998

21 Stamp: ANTITRUST DIVISION

22 Stamp: SAN FRANCISCO OFFICE

23 REPORTED BY:
Kathleen E. Barney,
24 CSR No. 5698
Our File No. 1-49196
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1 time somebody sent an e-mail, part of the subject of

2 which was DR DOS, and then this someone unidentified

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

4 someone that you're referring to you?

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

6 every message that everyone here ever received about

7 DR DOS would have necessarily been preserved by them

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

9 they receive every day.

10 In terms of me in particular, it's

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

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

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

14 receive.

15 Q. Is there a message relating to DR DOS

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

17 ask somebody else to delete?

18 A. No.

19 Q. Is there any message relating to DR DOS

20 that you recall deleting?

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

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

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

24 recall any specific message.

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

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

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

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

4 you remember deleting or causing to be deleted?

5 A. No.

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

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

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

9 message that related to DR DOS in the last five

10 years.

11 Q. Have you deleted messages not only that

12 you have received with respect to DR DOS but also

13 messages that you have sent?

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

15 so there's no --

16 Q. You never preserve messages that you

17 send?

18 A. 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.

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

22 copy some file or something like that?

23 A. No.

24 Q. I just want to be sure of your

25 testimony. Your testimony is you have never asked

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Updated August 14, 2015