Gordon Eubanks, CEO of Oblix, who was the
model of a calm, cool witness Wednesday
morning when he defended Microsoft
business practices, was just the opposite later
in the day.
Lead government attorney David Boies
systematically deconstructed several of
Eubanks' main points. Eubanks, former
chairman of Symantec, denied knowledge
that Symantec enjoyed the benefits of a
"First Wave Agreement" with the Redmond,
Wash.-based software giant. But Boies
produced a copy of the agreement, which
endows its recipients with special treatment.
Microsoft attorneys objected to the use of the
document, but U.S. District Court Judge
Thomas Penfield Jackson was unmoved.
In addition, Boies brought forth Oblix e-mail
messages in which executives there
mentioned they wanted to finalize a First
Wave pact, to show that at least they were
familiar with the term.
Also, Boies pointed out that Microsoft
chairman Bill Gates, via another executive
Brad Chase, asked Eubanks to write a
pro-Microsoft op-ed piece for the New York
Times.Eubanks responded that he was
concerned about a deal Microsoft struck with
McAfee to include McAfee anti-virus
software in a Windows Plus Pack. That pact
was scotched and Eubanks wrote the op-ed
piece. Boies asked if this sequence of events
was coincidental. "That's an excellent choice
of words," Eubanks said. At that point, the
judge shook his head visibly and chuckled.
Eubanks also said he knew nothing of
Microsoft's practice of ranking ISVs as
friends, foes, or neutral. A document from
another case in which Bristol Technology is
suing Microsoft was introduced over
Microsoft objections showing Symantec to be
a "friend."
At one point, Boies said Eubanks, then at
Symantec, asked if Eubanks had ever been
afraid that Microsoft would step on them.
"That is absolutely not true," Eubanks
shouted. Boies then pulled up a published
quote from Eubanks from 1993, when he said
"We look to segments where we can be out
from under their feet." |
