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.