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Microsoft on the defensive A Very Cross ExaminationBy Rick Horowitz Just your average day at the Microsoft trial... "...so it's still your testimony, sir, that your Internet Explorer browser is a fundamental part of your Windows operating system?" "That's right." "And that any attempt to separate the two would cause all sorts of problems for the typical computer user." "Absolutely. We're always looking out for the consumer." "Which was the whole point of the video you introduced into evidence, was it not? The computer in your video simply stopped working when Explorer was removed, is that right?" "You saw what happened." "Fine. I wonder if we could have another look at Frame 1322 of that video. Now, let me direct your attention, sir, to the lower left-hand corner of the screen -- could you read for us the word that appears on the outside cover of the computer?" "That would be 'Nike.'" "And do you happen to know whether Nike makes a computer?" "I'm in software. I really don't keep track of -- " "In fact, Nike makes shoes, do they not?" "That's what I've heard." "And the 'non-functioning computer' in your video -- it's really a shoebox, isn't it?" "I have no idea how that happened." "Of course not." "I specifically told them, 'Use a computer. Make sure you use a -- '" "Why don't we move on. Now, sir, you and your colleagues have testified repeatedly that you have no problem with competition from Netscape's Navigator browser, is that right?" "It's a free country." "Exactly. And if a consumer would rather use Navigator instead of Explorer, you've testified that it's a simple matter to install Navigator and have the browser he or she prefers." "Very simple. A couple of minutes." "Exhibit No. 2,000,006, Your Honor. Let me show you, sir, this report from your office entitled `Keeping Navigator Lost in Space.' Could you read the highlighted portion here for us?" "'Anybody who tries to download and install a substitute browser should clear his calendar and stock up on Maalox.' That just means that it would be so much fun that the consumer might want to do it over and over again. And maybe he'd eat too quickly because of all the excitement." "I see. And on the next page here?" "'We've designed it to be a living hell. If they even think of replacing Explorer with Navigator, they'll wish they were never born.'" "Are we still talking about fun?" "This was written by an intern. It doesn't reflect Microsoft's position. I never saw it before." "Exhibit No. 2,000,007, Your Honor. This is an internal e-mail message, sir, from you to the author of this report the day after it was written. Again, would you read the highlighted part?" "'Great job on the report! Sticking it to Netscape will make Bill's day!'" "Perhaps you'd like to amend your testimony?" "Oh, you mean that Netscape? I may have skimmed the thing just to -- " "And Bill would be...?" "I have no idea." "Could it possibly be Bill Gates?" "It could be a hundred different people." "Exhibit No. 2,000,008, Your Honor. It's another internal e-mail message, sir, from you to Bill Gates twenty minutes after the one we've just discussed. Could you read the first two lines?" "'Bill: Here's the report you asked for -- every word is perfection! We've got Netscape back on their heels. Now it's time to put those Compaq clowns in their place.' I was speaking hypothetically. Lots of people send him things -- that doesn't mean he ever saw it." "Exhibit No. -- " "OK, he saw it. But it doesn't mean he ever read it." "Exhibit No. 2,000,009, Your Honor. Same day, this one from Bill Gates back to you. 'Thanks for the report,' he says. 'Read it cover to cover and smiled ear to ear. Especially liked Compaq comment -- nobody takes us off their desktop and lives to tell about it.' Would that suggest, sir, that he read both the report and your note accompanying it?" "That's one possible inference." "And that Mr. Gates was willing to go to any lengths to dominate the industry? To bend both competitors and partners to his will?" "That's hypothetical. It's not like he said he wanted to be king of the world or anything." "Exhibit No. 2,000,010, Your Honor..." "Aaaaarrrgh!" Posted
2/26/99. They won't be pleased with us.
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