Burst.com and Microsoft Settle

prostoalex writes "Microsoft and Burst.com announced a tentative settlement, where Microsoft will pay Californian company $60 mln for allegedly stolen multimedia streaming software. Robert X. Cringely provided the recap of the court case back in 2003 (and Slashdot discussion ensued). According to Burst claims, Microsoft entered a non-disclosure agreement with the company to learn about Burst's multimedia streaming technology. Later the technology, for which Burst has 37 patents, has been found in Windows Media Player. When aksed to present the archives of the e-mails and all communications within the company for the trial, Microsoft somehow presented all the documents that preceded before the deal and the documents that followed it. The e-mails during the 35 weeks that negotiations were held mysteriously disappeared. In court Microsoft claimed the e-mails were erased from employee's desktops, e-mail servers and server backups. The technology was not interesting to Microsoft, lawyers insisted, so the electronic trail of communications was erased."

Comments

A missing email!

[ackthpt]

The technology was not interesting to Microsoft, lawyers insisted, so the electronic trail of communications was erased."

Strange, I found this one in my box a few years ago...

To: Windows Media Player Department Head
cc: Department of Things That Actually Work The First Time Head

This patented technology for increasing the efficiency of video and audio streaming looks great. Since we're such a big company and with our Bucket o' Lawyers we could drive anyone into the ground for having the temerity to sue us for IP theft, let's just co-opt it like we do everything else.

By the way, how is it going with that project for selectively deleting emails from all mailboxes, archives, backup servers, backup tapes? Why don't you pick something out and just give it a test run.

-Bill

Right

[Anonymous Coward]

Not of interest. Because large corporations like that tend to destroy communications related to review of products under NDA when they produce similar software, and only for narrow periods of time.

OOTH, the laywer that actually had to say that with a straight face is probably going to have a successful acting career.

New version of Clippy

[bigtallmofo]

The missing emails were actually attributed to a rarely-used update to Outlook's Clippy-assistant:

"It looks like you're being sued. Would you like me to delete all correspondence related to the lawsuit?"

Re:How does one...

[Overly Critical Guy]

I guess what I'm getting at is how exactly does a company lose "uninteresting" data spanning a period of 35 weeks unless it's intentional?

It was the magic gnomes unleashed from Linus Torvalds' lair. Evil communist OSS strikes again! TORRVVAALLDDSS!!!

Re:How does one...

[kegwell]

Micro$oft is just too embarrassed to admit their Exchange server crashed. ;-)

great company

[zerkon]

I don't think I want to buy software from a company that randomly loses data... oh wait I dont

MS is no stranger

[CrackedButter]

to losing emails. This isn't the first time. Surely there is a law for doing this. It seems like their get out of jail card. Whoops, we lost the emails so there goes *your* case. In any case, didn't Burst keep a copy either?

Re:Another

[techno-vampire]

Do we need yet another Microsoft is the debil story?

Is that like in the old story, The Debil and Daniel Wevster?

hehe

[Anonymous Coward]

of course they lost the email , they probably use there own products, "Sorry your honor our exchange server went down and we lost everything incriminating " :-P

Re:Aksed?

[Anonymous Coward]

I aks(axe) you, does this atrocity occur in any other English speaking countries, or is it strictly a product of the U.S. educational systems.

I'd say "aksed" is a product of our edumacation system.

Dear Microsoft,

[houghi]

I am the COO of a Fortune 500 comany and have to decide wether or not to go with Linux or with Microsoft in the future.

My main concern is if data will be lost when I use Microsoft. Can you please proove to me that data will never be lost, because otherwise my company will switch to Linux.

Especialy emails are very important to s.

Re:Trivial software patents are bad...

[Anonymous Coward]

Troll my ass,

I think (hope) you mean "Troll, my ass."