Today and yesterday have been horrible for MSFT at the Trial...
Here's a story does a slightly better job of showing what Microsoft's lawyers were trying to do today:
Microsoft trial: 'Lack of respect' from IBM exec angered Gates, documents say
seattletimes.com
In internal IBM documents Microsoft introduced today in its antitrust trial, Gates is portrayed as expressing personal outrage at Louis Gerstner, chairman of International Business Machines. ...
...
In internal IBM documents Microsoft introduced today in its antitrust trial, Gates is portrayed as expressing personal outrage at Louis Gerstner, chairman of International Business Machines. ...
To support the argument that IBM was not fighting fairly, Microsoft showed the court a document comparing OS/2, also known as Warp, and Windows 95, which was code-named Chicago. ...
"With one foot still buried in the DOS/Windows grave, Chicago is yesterday's technology dressed up to look like tomorrow's 32-bit operating system," the IBM white paper stated. ...
"If you refer to them as 'smear,' that's one thing, but if we refer to them as 'normal marketing,' that's another," Norris said.
But, like the Yahoo story, this one indicates that Microsoft's lawyers continue what seems to have become a running clash of personalities with Jackson:
When Department of Justice antitrust lawyer Phil Malone formally moved to bar [draft IBM/Microsoft agreements that had come from Microsoft's files] from the trial, Pepperman offered to establish their authenticity by calling as rebuttal witnesses Kempin or Mark Baber, a Microsoft official responsible for negotiating with IBM.
To that, Jackson replied: "If you're going to call Mr. Kempin or Mr. Baber, there is a lot more they're going to have to testify besides who wrote these documents."
Pepperman then expressed frustration to the format of the trial, which has been limited to 15 witnesses for each side. "As the court can appreciate, when dealing with a limited number of witnesses, it's difficult always to establish foundation, especially through a hostile witness, your honor," Pepperman said. |
