Microsoft argues that if the states were given access to its code, there is a risk that the source code will fall into the hands of its competitors. However, in a motion filed on Tuesday, the states contend: “Microsoft cannot base its defense on the design of its source code and simultaneously deny the litigating states the opportunity to test those arguments by interrogating the code."
Recently, Microsoft and the Department of Justice agreed to consider changes to the terms of their proposed settlement following the results of a public consultation. The results produced 7,500 responses in favour of the deal, 15,000 against it.