
Google Tells ITC Judge: Microsoft Revealed Our Secret Source Code - joelhaus
http://paidcontent.org/article/419-google-tells-itc-judge-microsoft-revealed-our-secret-source-code/
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jdp23
Hmm, it seems to be more about objecting to the specific expert witness
they're using:

"In April, Microsoft sent Google a subpoena asking for a variety of
information, including confidential source code.... In its motion for
sanctions, Google says it should have had a chance to review the credentials
of the expert in question, Dr. Robert Stevenson, and it should have had a
chance to object. The motion notes that Stevenson has done consulting work for
Microsoft and Hewlett-Packard (NYSE: HPQ), “both direct competitors of
Google.” Now Google wants the ITC judge overseeing the Microsoft v. Motorola
case to stop Stevenson from testifying."

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kenjackson
The real issue is that Google has the right to review the experts that look at
Google confidential code. MS is supposed to disclose these efforts to Google.
MS disclosed this expert to Motorola, but not to Google, hence the problem.

From what I can tell Google has a good case on this, but it's far less
controversial than the title would lead one to believe. MS will probably have
to get a new expert and light smack on the hand for not following protocol.
These types of things happen all the time in court cases.

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CurtHagenlocher
I believe in situations like this that it's customary to give the code to be
evaluated to an outside expert in order to protect both parties from the risk
of theft of intellectual property. Is Google's main objection that they would
have wanted to approve of the expert witness first? That seems unusual.

(Disclaimer 1: IANAL) (Disclaimer 2: I work for Microsoft, but I know nothing
about this matter.)

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tzs
Wait...Google objects to the outside expert Microsoft hired to look at the
source code because he's worked for Microsoft before on legal cases?

Surely Google doesn't expect that every time a company needs an outside expert
to look at source code (which they have to hire an outside expert for because
they are not allowed to see it themselves) they need to find a new expert?

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wtallis
If the outside expert is supposed to be an _outside_ expert, then there needs
to be a way for Google to object to the expert on the grounds that they're not
really that independent.

