Microsoft 'destroyed emails'

SOFTWARE giant Microsoft is being accused of a policy of systematically destroying company documents to frustrate legal action brought against it. Californian firm Burst.com claims crucial evidence in emails and other documents was destroyed even after a court order to retain them.

In court filings in Baltimore, Burst says it has evidence of 'institutional policies' by Microsoft 'to make sure that incriminating documents disappeared'.

Burst alleges Bill Gates' company stole intellectual property after breaking off talks with it on a joint multimedia software project. It says it needs the emails to prove its case. 'Critical emails have been destroyed and will never be recovered. We've tried; they're gone forever,' said Burst's lawyer, Spencer Hosie. He is asking the judge to tell the jury Microsoft had disposed of important documents relating to the case, implying that it had something to hide.

Burst says Microsoft executive Jim Allchin sent a message to Windows Division staff on 23 January 2000 telling them to purge emails every 30 days. 'This is not something you get to decide,' the memo is alleged to say. 'This is company policy. Do not archive your mail. Do not be foolish.'

Microsoft spokeswoman Stacy Drake acknowledged the memo but said Allchin followed it up saying the policy did not apply to staff involved in legal proceedings.