Google accuses Microsoft of revealing "highly confidential" Android source code. What?

Google doesn't seem to want to get along at all with Microsoft these days. We had the issue about the patent sale that Google took to the Court of Public Opinion.  Now they are taking issue with Microsoft in another Court.  Google is asking a US International Trade Commission Judge to bar a Microsoft expert witness from testifying in Microsoft's lawsuit against Motorola.

If you have lost track of who's suing who or complaining on whom, Microsoft is currently suing Motorola in an attempt to force them to pay royalties for patents Microsoft owns that are related to technology used in Android mobile operating systems.

In the motion to block the expert witness testimony, Google claims Microsoft violated a confidentiality agreement between Microsoft, Google, and Motorola when Microsoft shared "highly confidential source codes" with its expert witness. Google's motion states in part,

“The protective order governing confidentiality in this investigation explicitly requires that Microsoft disclose to Google any consultant or expert seeking access to Google confidential business information or highly confidential source code before [Google's emphasis] allowing a consultant or expert to review such information so that Google has an opportunity to object prior to disclosure.”

The sixteen page motion asks the Judge to prohibit the expert witness from testifying and require Microsoft to provide Google with a declaration, under oath, that no additional consultants or experts were permitted access to the confidential information.

Microsoft has until August 15th to respond to Google's motion. Wouldn't it be a hoot if Microsoft produced an email from Google voicing no objection to disclosing this information?  We also must ask how confidential can source code be when the Android system is supposedly open source?

Source: Yahoo News