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Here’s Robert’s conclusion: “What happens next with Microsoft and Burst is interesting. In a few weeks, Microsoft will either find the messages or not. If they do find the messages and produce them, whatever is in those messages becomes part of the case. If they don’t find the messages and the case goes to trial, the judge will tell the jury that Microsoft deliberately withheld and destroyed evidence. Juries are generally unimpressed by such behavior.”
From here it looks like Microsoft not playing by the rules to sideline a tiny competitor anxious to sell up. This does not sound unusual. Watch this space. Or more correctly, this space.