UNITED STATES OF AMERICA et al v. MICROSOFT CORPORATION
STATUS REPORT Supplemental by MICROSOFT CORPORATION. (Rule, Charles)
UNITED STATES OF AMERICA et al v. MICROSOFT CORPORATION
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA, Plaintiff, v. MICROSOFT CORPORATION, Defendant. Civil Action No. 98-1232 (CKK) Next Court Deadline: August 7, 2009 Joint Status Report
SUPPLEMENTAL STATUS REPORT ON MICROSOFT'S COMPLIANCE WITH THE FINAL JUDGMENTS Microsoft hereby files its Monthly Supplemental Status Report regarding its compliance with the Final Judgments. I. Technical Documentation A. System Documents
Microsoft has delivered the last of the System Documents to the Technical Committee (TC) pursuant to the schedule below.
Milestone Milestone 1 Milestone 2 Milestone 3 Milestone 4 Milestone 5 Milestone 6 Milestone 7 Total No. of Documents 2 2 2 6 2 4 1 19 Initial Availability Delivered Delivered Delivered Delivered Delivered Delivered Delivered
Microsoft's Progress in Resolving Technical Documentation Issues ("TDIs") through June 30, 2009
The current status of TDIs identified in the MCPP documentation through June 30, 2009, is noted in the chart below.1 As predicted, the total number of TDIs generated by the Technical Committee ("TC") has continued to accrue at a greater pace. Microsoft has adjusted its ability to process and resolve the increased volume of TDIs from the TC and is committed to dedicating the resources required to accommodate the TC's increased rate of review and logging of TDIs. However, due to the necessary time lag as new TDIs are processed and resolved and that TDIs are closed as a formal matter every six weeks following publication of the documentation, Microsoft does not expect the total number of TC-generated TDIs to begin decreasing for another month or two. For example, as of June 30, 2009, there were more than 800 TDIs pending closure subject to publication on July 2 of the documentation with the agreed-upon changes. Those TDIs will not move from "outstanding" to "closed" in the chart below until after the TC has reviewed the released documentation. Similarly, there are several hundred more TDIs already pending closure for the August documentation release. In short, Microsoft remains on course to address these TDIs in a timely fashion and will continue to produce high-quality documentation through the remaining stages of the project.
As of 5/31/2009 Priority 1 TDIs Submitted by the TC Submitted this period Closed this period
Period Ended 6/30/2009 143 50
The May TDI numbers reported in this chart differ slightly from the numbers provided in the previous Supplemental Status Report because the dynamic nature of tracking TDIs in multiple databases occasionally results in categorization and exact TDI closure dates changing after the previous reporting period.
Outstanding Priority 2 TDIs Submitted by the TC Submitted this period Closed this period Outstanding Priority 3 TDIs Submitted by the TC Submitted this period Closed this period Outstanding TC Submitted TC Closed TC Outstanding TDIs Identified by Microsoft Ident ified this period Closed this period Microsoft Outstanding TDIs Identified by Licensees Ident ified this period Closed this period Licensees Outstanding
633 406 73 937 170 24 404 719 147 1974
120 160 110
10 5 13
TDIs Identified by TC in Overview/Reference Materials Ident ified this period Closed this period Overview Outstanding TDIs Identified by TC in System Documents Ident ified this Period Closed this Period System Outstanding Total Outstanding
19 4 36
102 9 270 2403
In most cases, licensees do not open TDIs themselves. Licensees generally ask Microsoft questions about the documentation. Most questions do not result in any TDIs. In some cases, questions from licensees result in a TDI being filed by the Microsoft employees involved in answering the licensees' questions. In these circumstances, Microsoft categorizes the TDI as a licensee TDI.
Technical Documentation Testing and Licensee Support As previously reported, the testing processes used for the rewritten protocol
documentation have been integrated into Microsoft's standard business practices. The testing of the new Windows 7 documents in MCPP will be spread out over the next several testing clusters. Microsoft expects that testing of the Windows 7 documents will be completed in approximately June 2010. Separately, Microsoft is continuing to make various resources available to assist licensees in using the technical documentation. Microsoft's interoperability lab remains open and available for use by licensees. Two licensees, including PFIF (Samba), have scheduled time in the interoperability lab in the upcoming months. In addition, planning is underway for a plugfest to be held during the week of September 14, 2009, at this year's Storage Developer Conference (sponsored by SNIA.org). The plug-fest will focus on the CIFS/SMB/SMB2 protocols. III. Technical Documentation Team Staffing Robert Muglia, the President for Microsoft's Server and Tools Business, continues to manage the documentation effort along with additional senior product engineering team managers. Approximately 550 Microsoft employees and contingent staff are involved in work on the MCPP technical documentation. Given the substantial overlap between the MCPP and the European Work Group Server Protocol Program, all of these individuals' work relates to both programs or is exclusive to the MCPP. Of these, approximately 305 product team engineers and program managers are actively involved in the creation and review of the technical content of the documentation, including periodic work on TDI resolution as well as developing new content for the next version of Windows Client and Windows Server. Because of varying areas of expertise, not all of these product team employees are working on the documentation at any given time. For example, many of the MCPP documents currently do not have any associated TDIs. In other
months, these same product teams may have multiple TDIs to resolve and/or additional content to draft and spend most or all of their time on projects relating to the protocol documentation. In addition, there are approximately 29 full-time employees and approximately 63 contingent staff working as technical writers, editors, and production technicians. Additionally, as the protocol testing effort continues, approximately 40 full-time employees and approximately 110 contingent and vendor staff work as software test designers, test engineers, and test architects. Microsoft will continue to apply the resources necessary to ensure compliance with the Final Judgments. Significant attention to and involvement in the technical documentation and the MCPP extend through all levels of the Microsoft organization and draw upon the resources of numerous product engineering, business, technical, and legal groups, as well as company management. Dated: July 15, 2009 Respect fully submitted, FOR DEFENDANT MICROSOFT CORPORATION /s/ CHARLES F. RULE CHARLES F. RULE (DC BAR No. 370818) JONATHAN S. KANTER (DC BAR No. 473286) Cadwalader, Wickersham & Taft LLP 700 Sixth Street, NW Washington, DC 20001 (202) 862-2420 BRADFORD L. SMITH ERICH D. ANDERSEN DAVID A. HEINER, JR. Microsoft Corporation One Microsoft Way Redmond, WA 98052 (425) 936-8080
STEVE L. HOLLEY RICHARD C. PEPPERMAN II Sullivan & Cromwell LLP 125 Broad Street New York, NY 10004 (212) 558-4000
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