NEWS:
(COMTEX) B: MICROSOFT: Statement by Microsoft Corporation
B: MICROSOFT: Statement by Microsoft Corporation
JUL 29, 1998, M2 Communications - In the company's first formal
response to antitrust charges filed earlier this year, Microsoft
Corporation Tuesday said that the lawsuits filed by federal and state
governments are "completely groundless," and noted that "Microsoft
decided to include Internet Explorer technologies in Windows 95 before
Netscape was even founded."
"We are working hard to prepare our case in the short time frame
provided by the Court, and we are looking forward to presenting facts
and legal argument in a court of law," said William H. Neukom,
Microsoft senior vice president for law and corporate affairs. "As the
recent Appeals Court decision shows, our legal system applauds the
development of better products for customers. We are looking forward to
showing in court the many ways that software developers and customers
benefit from Microsoft's constant improvements to Windows."
Microsoft's two legal filings represent the company's first formal
responses to the allegations filed May 18th against the company by the
federal Department of Justice and 20 State Attorneys General. Tuesday's
documents provided only part of the company's position. A more complete
statement of Microsoft's position will be provided in Microsoft's
responses to the governments' motions for a preliminary injunction,
which will be filed by August 10th.
In Tuesday's court papers Microsoft denied all of the essential
allegations of the governments' case against the company:
-- Microsoft argued that it had planned to integrate its Internet
Explorer technologies into the Windows operating system long before
rival Netscape even existed, refuting the governments' central
accusation that the company only incorporated its browser technologies
into Windows in order to disadvantage Netscape. "Microsoft decided to
include Internet Explorer technologies in Windows 95 before Netscape
was even founded, in response to consumer demand for Internet-enabled
operating systems and the need to remain competitive with IBM's OS/2
Warp and the Apple Macintosh, which were both being enhanced to include
Internet-related technologies, including Web browsing software."
(Federal response paragraph 10)
-- Microsoft argued that its Internet Explorer technology is gaining
popularity with consumers for the simple reason that it offers superior
technology and has won virtually all of the recent independent reviews
against Netscape's Navigator browser. "Internet Explorer has won the
vast majority of comparative reviews against Netscape over the past two
years, and Internet Explorer is generally recognized to be superior to
Netscape Navigator for computer users and software developers."
(Federal response paragraph 64)
-- Microsoft rejected government allegations that the company had
tried to "illegally divide the browser market" with rival Netscape in
the spring of 1995. "[R]epresentatives of Microsoft met with
representatives of Netscape in Redmond, Washington on June 2, 1995 and
again in Mountain View, California on June 21, 1995 to explore ways in
which the two companies could work together to improve their respective
products...Microsoft has never attempted to divide the market for
Internet browser software...Microsoft has consistently provided
Netscape with all the technical information." (Federal response
paragraph 14)
-- Microsoft rejected government allegations that the company had
entered into exclusionary contracts with Internet Service Providers or
Internet Content Providers. Microsoft stated "...that agreements
between Microsoft and ISPs have never included an exclusivity provision
regarding distribution of software providing web browsing
functionality." (Federal response paragraph 78) "Microsoft's agreements
with ISPs in the Internet referral server typically require ISPs to
promote Internet Explorer in parity with their promotion of other web
browsing software." (Federal response paragraph 84) "Microsoft's ICP
agreements do not in any way restrict ICPs from developing content that
is optimized for use with competing software providing web browsing
functionality." (Federal response paragraph 33)
-- The company also rejected government claims that it had illegally
restricted the ability of computer manufacturers to alter the Windows
desktop screen that users see when they turn on their computers for the
first time. "Microsoft's license agreements with OEMs give those OEMs
broad flexibility to differentiate their products in response to
perceived consumer preferences." (Federal response paragraph 25)
"Microsoft has been, and continues to be, willing to work with OEMs
seeking to alter the startup sequence of Windows if Microsoft can
assure itself that such alterations will not degrade the performance of
Windows 98." (Federal response paragraph 93) "Microsoft gives OEMs
great flexibility to add to the Windows desktop as many icons as they
want for as many different software products providing web browsing
functionality (or software programs of any kind) as they want."
(Federal response paragraph 96)
In addition to rejecting the governments' allegations, Microsoft
Tuesday filed a counter-claim against the 20 State Attorneys General
who sued Microsoft earlier this year, alleging that the State's
lawsuits unconstitutionally undermine the company's intellectual
property rights under federal law.
Like other software products, Windows 95 and Windows 98 are subject
to the protections afforded by the Federal Copyright Act of 1976,
enacted in accordance with Article 1, Section 8 of the Constitution.
The Copyright Act states that copyright owners have the right to
license their products to third parties in an unaltered form. Microsoft
has asserted a counterclaim against the State Attorneys General because
we believe they are inappropriately trying to use state antitrust laws
to infringe Microsoft's federal rights.
By asserting state-law claims as a basis for an order that would
require Microsoft to (a) license and distribute altered versions of
Windows 95 and Windows 98, and (b) allow further alteration of
Microsoft's copyrighted works by OEMs acting as Microsoft's
distributors, the Attorneys General improperly seek to impose state law
restrictions on--and thereby impair--Microsoft's rights under the
Copyright Act and the Constitution." (Counterclaim paragraph 35)
*M2 COMMUNICATIONS DISCLAIMS ALL LIABILITY FOR INFORMATION PROVIDED
WITHIN M2 PRESSWIRE. DATA SUPPLIED BY NAMED PARTY/PARTIES.*
-0-
(C)1994-98 M2 COMMUNICATIONS LTD
*** end of story ***
To: +Ron logo (3020 )
From: +JEFF CHAPMAN
Thursday, Jul 2 1998 8:50PM ET
Reply # of 3074
news:::
(COMTEX) B: QUARTERDECK: Quarterdeck introduces safe and
simple cloni
B: QUARTERDECK: Quarterdeck introduces safe and simple cloning of
hard disk
drives
JUL 2, 1998, M2 Communications - Quarterdeck (NASDAQ:QDEK)
has
launched DiskClone Regular Strength and DiskClone Extra Strength -
two
simple and easy to use products for solo computer users and IT
managers
to copy hard disk drives, whilst maintaining all existing data, files,
folders, partitions; and settings.
With the imminent release of Windows 98 many computer users will
need
to upgrade to larger capacity hard drives. DiskClone Regular Strength
is an ideal product in this situation for transferring valuable data on
an existing hard drive to a new one, ensuring that users transferring
hard drives do not need to go through the time consuming task of
copying and then reinstalling data and operating systems from floppy
disks.
Equally IT managers are coping with more and more PCs in their
organisation and subsequently face the issues that come with having to
regularly upgrade PCs, losing all data and settings when a PC crashes,
as well installing new PCs as working machines. DiskClone Extra
Strength allows IT managers to make an exact image of a hard drive onto
a Zip or a Jaz drive - an ideal scenario for disaster recovery and new
PC installations. The drive image can also be saved on to the network
and has the option of being password protected so that security and
software piracy is not an issue.
Commenting on the new DiskClone products, Christine Allenet,
European
marketing director for Quarterdeck, said: "Figures from MC show that 16
to 18 million computer users will upgrade from Windows 95 and 3.x to
Windows 98 during its first year of release, and the majority of these
users will require new. larger hard drives to run their systems at
optimum levels. (Quarterdeck is in the business of making computing as
easy and trouble free as possible for individual PC users and IT
managers alike - both versions of DiskClone save users time, effort and
money by making upgrades and installations simple."
Pricing
DiskClone Regular Strength is priced at GBP 29.99 DiskClone Extra
Strength is priced at GBP 39.99
About Quarterdeck
Quarterdeck Corporation develops, markets and supports software that
enhances the performance, user productivity and cost-effectiveness of
personal computing in both standalone and networked environments.
Current products address diagnosis and resolution of software and
hardware conflicts, PC based communications and Internet connectivity,
storage and hard disk management, system performance, and an Internet
search engine. The company provides its software solutions world-wide
to individual, business and government/education users through retail
distribution, resellers, direct marketing operations and Internet
downloads. Quarterdeck Corporation is headquartered in California. Its
European headquarters are in Dublin, Ireland.
-0-
(C)1994-98 M2 COMMUNICATIONS LTDCONTACT: Christine
Allenet, Quarterdeck
Tel: +44 (0) 1628 666 322
Fax: +44 (0) 1628 667 030
WWW: quarterdeck.com
Charlotte West/ Darryl Bowman, Harvard Public
Relations
Tel: +44 (0) 181 759 0005
Fax: +44 (0) 181 897 3242
e-mail: charlotte@harvard.co.uk
e-mail: darrylb@harvard.co.uk
*M2 COMMUNICATIONS DISCLAIMS ALL LIABILITY FOR
INFORMATION PROVIDED WITHIN M2 PRESSWIRE. DATA
SUPPLIED BY NAMED PARTY/PARTIES.*
*** end of story ***
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can be downloaded here:
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