Microsoft starts lawsuit against Quincy
EPHRATA — Internet and computer giant Microsoft Corp. hopes to block a public records request seeking design and building plans for its jumbo data center by suing the city of Quincy.
The lawsuit, filed in Grant County Superior Court on Nov. 30, claims documents being sought via the state's Open Records Act contain confidential and proprietary information.
Microsoft, through attorneys at Seattle-based Preston Gates and Ellis LLP, said Quincy officials plan to disclose the documents in the absence of intervention by Microsoft.
"We protect the proprietary information we have for our software, for our products and certainly for our facilities, where we're doing some unique things," Microsoft spokesman Lou Gellos said by phone today.
City Administrator Tim Snead confirmed Wednesday that Quincy is prepared to release the documents in compliance with the Open Records Act.
"Well, it's the first time we've ever run into anything like this. We're kind of caught in the middle," Snead said. "From the city's perspective it's not our call. That's why Microsoft is going through the avenue they're taking."
Some details of Microsoft's data center in Quincy — under construction since May — are already widely publicized. But the recently requested documents delve into the "intricate details" of Microsoft's building project, Snead said.
According to the lawsuit, Microsoft believes it has a "clear legal right to prevent disclosure of the documents." The company claims examination and copying of the documents would result in "actual and continuing injury," court papers filed by the company show.
"No adequate remedy at law exists to remedy this invasion of the right to protect confidential and proprietary information," the lawsuit states.
Quincy Attorney Allan Galbraith said the public records request worrying Microsoft was submitted by a company specializing in either architecture or engineering, possibly both.
Although Galbraith said he couldn't recall exactly who asked for Microsoft's building design drawings, the attorney insisted Wednesday the records request was recently withdrawn in response to the lawsuit.
Microsoft's lawsuit said the city received a request for documents "in or around Nov. 14, 2006."
Galbraith said the requesting party contends they never sought Microsoft's trade secrets, just the city's public records.
While Microsoft seeks a mandatory injunction stopping Quincy officials from disclosing the design documents, the company also wants its attorney fees paid by the city, court papers state.