1 Q. IS THIS AN E-MAIL FROM MR. REARDON TO YOU AND OTHERS,
2 DATED MAY 25, 1995, THAT YOU ACTUALLY RECEIVED, SIR?
3 A. YES.
4 Q. LET ME ASK YOU TO LOOK AT THE SECOND PAGE NUMBERED
5 PARAGRAPH THREE WHERE IT SAYS "PROTOCOL COOPERATION." "AS
6 BEN AND I AGREED"--AND IS THE BEN THERE BEN SLIVKA?
7 A. YES.
8 Q. SO, MR. REARDON WRITES, "AS MR. SLIVKA AND I AGREED,
9 I DISCUSSED AN APPROACH FOR EXCHANGING PROTOCOL SPECS AND
10 DESIGN ISSUES BEFORE PRODUCT RELEASES. I THINK WE SHOULD
11 LUMP THIS INTO ANY AGREEMENT FOR STT AND FUTURE
12 COOPERATION. IT WOULD REALLY BE A VEILED EFFORT ON OUR
13 PART TO MOVE THEM OFF OF THE WINDOWS CLIENT.
14 DO YOU SEE THAT?
15 A. I DO.
16 Q. AND WHEN MR. REARDON WRITES ABOUT MOVING THEM OFF OF
17 THE WINDOWS CLIENT, YOU UNDERSTOOD HE WAS TALKING ABOUT
18 MOVING NETSCAPE OFF OF THE WINDOWS CLIENT; CORRECT, SIR?
19 A. YES.
20 Q. AND WHEN HE SAYS, "IT WOULD BE A VEILED EFFORT ON
21 MICROSOFT'S PART TO MOVE NETSCAPE OFF OF THE WINDOWS
22 CLIENT, WHEN HE REFERS TO THE WINDOWS CLIENT THERE, HE'S
23 TALKING ABOUT AN INTERNET CLIENT OR BROWSER FOR WINDOWS;
24 CORRECT?
25 A. COULD YOU REPEAT THE QUESTION, PLEASE, SIR
28
1 Q. YES, SIR.
2 WHEN MR. REARDON WRITES ABOUT MAKING A VEILED
3 EFFORT TO MOVE NETSCAPE OFF OF THE WINDOWS CLIENT, HE'S
4 TALKING ABOUT AN EFFORT TO MOVE NETSCAPE OFF OF THE
5 WINDOWS 95 CLIENT IN TERMS OF THEIR BROWSER; CORRECT?
6 A. NO, SIR. I ASKED HIM SPECIFICALLY ABOUT THIS IN
7 PREPARING MY TESTIMONY, AND HE TOLD ME THAT PRECISELY WHAT
8 HE MEANT WAS THAT HE WANTED THEM TO ADOPT OUR UNDERLYING
9 CLIENT IN THE SENSE I USED THEM EARLIER IN MY TESTIMONY,
10 TECHNOLOGIES, INCLUDING TCP/IP AND OTHER THINGS. HE VERY
11 MUCH WANTED THEM TO BUILD A WINDOWS 95 BROWSER USING THOSE
12 TECHNOLOGIES, WHICH IS SOMETHING THAT HE HAD TRIED TO DO
13 DURING THAT ENTIRE PERIOD.
14 Q. FIRST YOU SAID SOMETHING I WANT TO FOLLOW UP. YOU
15 ASKED HIM IN PREPARING YOUR TESTIMONY.
16 FIRST, DID YOU HAVE AN UNDERSTANDING OF WHAT HE
17 WAS TALKING ABOUT BACK IN 1995 WHEN YOU GOT THIS?
18 A. I BELIEVE I DID.
19 Q. AND WHEN YOU GOT THIS BACK IN 1995, DID YOU
20 UNDERSTAND HIM TO BE SAYING THAT THERE WAS GOING TO BE A
21 VEILED EFFORT ON MICROSOFT'S PART TO MOVE NETSCAPE OFF OF
22 THE WINDOWS CLIENT?
23 A. THE QUESTION WAS...
24 Q. IN MAY OF 1995, WHEN YOU GOT THIS MEMORANDUM, DID YOU
25 UNDERSTAND THAT MR. REARDON WAS WRITING YOU, PROPOSING
29
1 VEILED EFFORT ON MICROSOFT'S PART TO MOVE NETSCAPE OFF OF
2 THE WINDOWS CLIENT?
3 A. THE QUESTION WAS, DID I SEE THOSE WORDS, OR DID I
4 UNDERSTAND THEM IN SOME SPECIFIC WAY? I'M AFRAID--I'M NOT
5 TRYING TO BE DIFFICULT. I DON'T UNDERSTAND.
6 Q. FIRST, YOU SAW THOSE WORDS?
7 A. YES.
8 Q. AND YOU UNDERSTOOD THOSE WORDS; CORRECT? YOU
9 UNDERSTOOD WHAT HE MEANT?
10 A. I BELIEVED I DID, YES.
11 Q. AND WHEN THERE WAS A REFERENCE TO THE WINDOWS CLIENT,
12 YOU'RE TALKING ABOUT WINDOWS 95 CLIENT?
13 A. YES, SPECIFICALLY.
14 Q. OKAY. AND WHEN YOU WERE TALKING ABOUT CLIENT
15 THERE--MR. REARDON WAS TALKING ABOUT CLIENT--WAS HE
16 TALKING ABOUT THE INTERNET CLIENT?
17 A. YES, HE WAS.
18 Q. OKAY. AND YOU TALKED ABOUT THE INTERNET CLIENT AS
19 INCLUDING TCP/IP; CORRECT?
20 A. YES.
21 Q. AND NETSCAPE WAS PERFECTLY PREPARED TO USE YOUR
22 TCP/IP; RIGHT?
23 A. I DON'T KNOW, AT THAT TIME.
24 Q. THE PLATFORM THREAT THAT NETSCAPE PRESENTED WASN'T A
25 PLATFORM THREAT THAT RELATED TO TCP/IP, WAS IT, SIR
30
1 A. WELL, AGAIN, I DON'T THINK I BELIEVE NETSCAPE
2 PRESENTED A PLATFORM THREAT AT THAT POINT IN TIME, BUT NO,
3 TCP/IP CERTAINLY WOULDN'T HAVE BEEN PART OF IT.
4 Q. RIGHT.
5 THERE WAS A TIME WHEN YOU EVENTUALLY CAME TO VIEW
6 NETSCAPE AS A PLATFORM THREAT; CORRECT?
7 A. YES, PROBABLY IN THE LATE FALL OF '95. |
