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Comes v. Microsoft Homepage

Comes Homepage ] [ Transcripts ] [ Exhibits by Date ] [ Exhibits by Number ] [ Audio/Video ]

This page presents links to the entire Comes v. Microsoft litigation collection on Groklaw. All the data in this collection was obtained by Groklaw from the Plaintiff's website,, unless otherwise marked, prior to its removal when the case settled. It is our desire to make it accessible by topic for researchers and historians. If you'd like to help make the PDFs plain text so they are more readily searchable, just go to our Comes Tracking Page, choose one that isn't done yet, and then post the text as a plain text comment when you are done. Simple HTML is a plus.

How to Help:

Keep in mind that you don't have to use the tracking system if you don't want to. You can instead just do a few minutes of work and post it as a comment or email it to pj.

If it's an SEC filing, just note it as a 10K or whatever it was, and the date, and the company that filed it instead of transcribing it. A url is great, if you have it.

And if it's really long, you don't have to transcribe it all. Describe it instead. For example, like this:
[Ed: This is a 60-page slide presentation, providing marketing information in Europe for the year 1991. Mentioned are WordPerfect and Lotus.]

That doesn't take a lot of time. Or another example:
[Ed: This is a 3-page memo from Bill Gates to XYZ dated xxxxxx, subject: World Domination. On page 3, he mentions, "Let's stab Novell in the back."]

Just provide enough information so that if someone is looking for a certain type of document or is following a certain theme of research, he can find it and realize that the exhibit is worth looking at. Put it in brackets and put Ed: so it's clear this is an editorial comment. As for HTML, plain vanilla, like this:

To: So and so [put br inside arrows to make a line space]
From: Such and [ditto]
Subject: World Domination[ditto]
Date: Sept. 2, 1991 [put P inside arrows to make a paragraph space]

Let's stab Novell in the back.[put P inside arrows to make a line space]

Here's how. We'll get them to use the ABI we provide, so then we'll switch the ABI at the last minute and not tell them. But we'll tell the world it had to be done so Windows doesn't crash.[put P inside arrows to make a line space]

Don't share this email with anyone. [put br inside arrows to make a line space]

If you do a table, make it simple, no colorization or special placing, just table, tr, td, close td, close tr, etc. and close table. If you don't understand that, please don't try to do a table. Or look at any articles in the Archives at Groklaw for articles titles that include a chart and look at the HTML.

How the Collection is Organized:

The Comes v. Microsoft antitrust trial began on December 1, 2006 in Iowa, USA, and continued through February 9, 2007, when the parties settled.

We have tried to arrange this collection in a way that makes it easier to find what you might be looking for by organizing it by subject, not just by date, which is how the materials were organized on the plaintiffs' website, making it hard to find materials, particularly exhibits, in a keyword search. We have also made .tifs into HTML and arranged the exhibits both by number, with brief descriptions or a transcript of what is in each one so as to make them searchable by keyword, and by date.

The homepage is organized into the following subjects:

Trial Transcripts, Hearing Transcripts, Admitted Exhibits, Video Testimony, Additional Court Documents,
Andrew Schulman Materials [plaintiffs' expert], Comes Lawyers Media Updates and Groklaw Articles

Three of these sections, with longer lists of material, are also fully available in their own pages:

Groklaw Articles About the Case:

Here's Groklaw's coverage of the case, in chronological order, along with articles on some gems from the exhibit collection:

05-Dec-2006 Comes v. MS Antitrust Trial Begins in Iowa
04-Jan-2007 Comes v. Microsoft Resumes Today
08-Jan-2007 Expert Testimony of Ronald Alepin in Comes v. Microsoft - Embrace, Extend, Extinguish - Updated
10-Jan-2007 Comes v. Microsoft - Trial Highlights, Jan. 8, 2007 - Mr. Alepin Has a Jolting Experience
17-Jan-2007 Comes v. MS: Plaintiffs Get Right to Inform US DOJ of Alleged MS Noncompliance on APIs
19-Jan-2007 22 Sealed Documents in SCOland and 3,000 Exhibits Unsealed in Comes v. MS
25-Jan-2007 Juries: Can They Blog? What Can They Read? - Jury Instructions in Comes v. MS
01-Feb-2007 The 1998 Bill Gates Deposition Video -- It's Baaack!
08-Feb-2007 Microsoft's Allegedly Undocumented APIs - Comes v. Microsoft
22-Feb-2007 Exhibits and Transcripts from Comes v. Microsoft
25-Nov-2009 A Comes Exhibit: "Undoc APIs document" - Update: And Another
26-Nov-2009 Comes Exhibit 2151 - Gates: "I have decided we should not publish these extensions."
26-Dec-2009 Finishing up the Comes Collection - Please Can You Help?
10-Jan-2010 Place Exhibit Blurbs/Transcripts for Comes Exhibits Here Please
14-Jan-2010 The Microsoft-Linux Story As Told in the Comes Exhibits
24-Jan-2010 Why Microsoft Suddenly Wanted to Be More Interoperable - Comes v. MS Exh. 7068 Tells Us
27-June-2010 What Did Microsoft Know About SCO's Plans and When Did It Know It?

Trial Transcripts

In chronological order, from December 1, 2006 to February 9, 2007, are 39 daily transcripts of the testimony from the trial of Comes v. Microsoft:

These can be found with the Comes transcript page.

Here they are as HTML without line numbers:
2006, Dec: 01, 04, 06, 07, 08, 11, 12, 13, 14, 15, 18, 19, 20, 21,
2007, Jan: 04, 05, 08, 09, 10, 11, 12, 16, 17, 18, 19, 22, 23, 24, 25, 29, 30, 31,
2007, Feb: 01, 02, 05, 06, 07, 08, 09,

Hearing Transcripts of Interest

The plaintiff had published a number of transcripts as "Hearing Transcripts of Interest". These can be found with the Comes transcript page.

Admitted Exhibits

Pursuant to the Court's Ruling and Order on the Publication of Exhibits, exhibits offered by Plaintiffs were posted on the plaintiffs' website 3 days after their admission by the Court.

For a number of days, the plaintiffs published exhibits admitted by the court on each day. Groklaw has grouped them on their own page.

Groklaw has also organised these exhibits sorted by number with a short description at a minimum, and in some cases a full transcription. The exhibits are divided into pages, with this link taking you to the starting page. You'll find navigational links to the other pages there. The purpose is to make the exhibits keyword searchable.

Additionaly the plaintiff highlighted on their website some "Admitted Exhibits of Interest" [all PDFs]
  • PX 9695: Please review RE Linux Compete
  • PX 9685: Eduation and Government Incentives Program (EDGI)
  • PX 6105: Bill Gates - Security as a lock-in
  • PX 7175: Jim Allchin Roundtable (GPL, Linux)
  • PX 9280: Bill Veghte, Paul Flessner, Brian Valentine, RE: Goldman Sachs Linux Panel
  • PX 7255: Jim Allchin - Scenario Leadership
  • PX 7278: Jim Allchin - Mac OS X "Tiger" - 10.4
  • PX 3096: Evangelism is War.ppt and other misc. DRG slides / memos
  • PX 7264: Jim Allchin Email re: losing our way...
  • PX 8636: Jim Allchin RE: media players
  • PX 2456: Transcript of tape recorded at: DRG Summit-January 16, 1996; Power Evangelism and Relationship Evangelism; Presented by James Plamondon and Marshall Goldberg

Trial Testimony

Plaintiffs introduced the following prior videotaped deposition testimony in their case in chief:


    Due to the length of Mr. Gates' testimony, it has been divided into multiple files which can be found here on Groklaw.

    The testimony of Mr. Gates was originally taken in United States v. Microsoft Corp. It was introduced as testimony in Comes v. Microsoft Corp. on December 15, 2006 through December 21, 2006.

  • Richard Williams [This video is missing from our collection. Original link:
    . However, Internet Archive has it in several formats, as video and as audio. Here is Mr. Williams' testimony as audio, the smaller clip, and the longer one, the first as ogg format and the second as MP3. There are other formats available, like Flac and Wave, at the first Internet Archive link.]

    The testimony of Mr. Williams was originally taken in Caldera v. Microsoft Corp. It was introduced as testimony in Comes v. Microsoft Corp. on December 21, 2006.

  • RICHARD FREEDMAN Freedman clip1, Freedman clip2, Freedman clip3, Freedman clip4 [These videos are missing from our collection. Original links:
    . However, Internet Archive has them, both as video and audio, in several formats. Here's Mr. Freedman's audio clip, 105 MB, in ogg format.]

    The testimony of Mr. Freedman was originally taken in Caldera v. Microsoft Corp. It was introduced as testimony in Comes v. Microsoft Corp. on January 18, 2007 and January 19, 2007.

  • MARK CHESTNUT Chestnut clip1, Chestnut clip2 [These videos were missing from our collection. Original links:
    . However, Internet Archive has them. Here's Mr. Chesnut's smaller video, 99 MB, and here's the longer one, 289 MB, both in ogg format. ]

    The testimony of Mr. Chestnut was originally taken in Caldera v. Microsoft Corp. It was introduced as testimony in Comes v. Microsoft Corp. on January 16, 2007 and January 17, 2007.

Additional Court Documents [all PDFs]

Schulman Materials [all PDFs]

Comes Lawyers

Plaintiff's Media Updates [all PDFs]. These were daily reports from the plaintiffs as to what had happened in the case that day.

Last Updated Saturday, December 03 2011 @ 04:34 PM EST

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