According to sources, a former Microsoft employee has been deposed by lawyers from Caldera, and she testified that her former employer destroyed key evidence in the Caldera vs. Microsoft anti-trust case. The former employee, Stefanie Reichel, who worked for Microsoft's German subsidiary, apparently testified that Email communications about Microsoft's dealings with OEMs that licensed DR-DOS were willfully destroyed. DR-DOS, which was once owned by Digital Research, is currently owned by Caldera.
"I can confirm we took the deposition of former Microsoft employee Stefanie Reichel last week," says Steve Hill, a lawyer for one of the firms representing Caldera. "We consider her to be a key witness in our case. But we cannot comment on her testimony until Microsoft agrees or the court orders her testimony to be made public. Any testimony we gather is confidential for 30 days under our protective order provisions. Microsoft can designate all or any part of her testimony as confidential. If they don't, we can release it."
Microsoft, however, denies the charges.
"It is very troubling that information that is part of a confidential deposition is being discussed. It is very unfortunate that others aren't adhering to the protective order. This will ultimately become an issue for the courts," said Microsoft spokesperson Jim Cullinan. "The government has never alleged we withheld or destroyed any documents. We have provided Caldera with 1.3 million pages of Email and other documents. Microsoft has also given Caldera access to the entire library of documents from the federal 1995 antitrust investigation.