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Politics : Bill Clinton Scandal - SANITY CHECK -- Ignore unavailable to you. Want to Upgrade?


To: jlallen who wrote (56889)7/17/1999 6:17:00 AM
From: Neocon  Read Replies (1) | Respond to of 67261
 
Connecticut jury rules for Microsoft

Federal jury finds software giant did not violate antitrust laws in case brought by Bristol Technology


MSNBC News Services

BRIDGEPORT, Conn., July 16 — A jury Friday found that Microsoft Corp. did not violate antitrust laws in its dealing with a small Danbury software company. The U.S. District Court jury did find, however, that Microsoft had committed deceptive practices in violation of the Connecticut Unfair Trade Practices Act, but awarded Bristol Technology Inc. just $1 in that claim.

STORY CONTINUES BELOW


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"WE'RE VERY PLEASED and grateful to the jury," Microsoft senior attorney Steven Aeschbacher told CNBC shortly after the decision was announced. "The fact that they found that we didn't violate any antitrust laws — state or federal — is a very important finding. Bristol filed the suit right here in their backyard and a unanimous jury came back and said Microsoft didn't violate any antitrust laws — we're very pleased by that finding," he said.
(Microsoft is a partner in MSNBC.)

Asked whether the verdict will help Microsoft in its federal antitrust case, Aeschbacher said, "The cases are completely separate, but we feel like the evidence that this jury saw and decided on showed that there's a lot of competition, that Microsoft has been acting in a pro-competitive way and that we've been helping consumers. We're proud of that," he told CNBC.

John Altieri, a lawyer for Bristol, said, "We're extremely disappointed and surprised, and will be exploring all of our options."

The eight-member jury returned its verdict on the third day of deliberations.

Danbury-based Bristol sued Microsoft last year, contending the maker of Windows had stifled competition by preventing access to source code — software blueprints — of Windows NT, a top program for running computer networks.

Bristol makes a software product called Wind/U, which allows programs written specifically for Windows to be converted to run on computers with different operating systems such as UNIX.

Bristol contended that Microsoft illegally prevented Bristol from obtaining current and future Windows NT source code, in effect severing the company's customers from the latest Windows technology.

From 1994 to 1997, the two companies had a contract under which Microsoft provided access to source code for an earlier version of Windows NT. Bristol filed its lawsuit after they were unable to reach an agreement on a contract for the newest versions.

During the six-week trial in U.S. District Court, Bristol's lawyers said Microsoft had deceived the company when it made public and private statements about its commitment to providing source code and later reneged on those promises. The company said it had 200 customers who relied on them to obtain source code for current and future versions of Windows NT.

But Microsoft's lawyers argued that the smaller company's lawsuit was motivated by greed.

They repeatedly told the jury that while Microsoft executives continued to try to negotiate a new contract with Bristol, the smaller company's executives were contacting lawyers, a public relations firm and an economic damages expert to prepare their lawsuit against Microsoft.

The lawsuit pitted Bristol, a little-known company with 70 employees and $8.7 million in revenues, against the Redmond, Wash.-based Microsoft, the industry leader with 26,000 employees and $14.48 billion in revenues.

Bristol made two antitrust claims, first, that Microsoft refused to negotiate a new contract. Secondly, Bristol asserted that Microsoft illegally leveraged its monopoly power in personal computer operating systems to monopolize markets for operating systems for computer servers and technical workstations.

Bristol failed to prove that because of Microsoft's actions there is a dangerous probability that it will acquire monopoly power in those markets.

Bristol's lawyers did not ask the jury to award a specific amount of money, but in closing arguments suggested a range of $130 million to $263 million. That range was given by an economic damages expert testifying for Bristol who said the company would lose that amount in profits from 1996 to 2006 because it lost the latest Windows source code for more than two years.

Microsoft is facing a much larger antitrust case in Washington, D.C., brought by the Justice Department and 19 states. The government contends that Microsoft illegally wielded monopoly power from its dominant Windows product to expand into new markets, such as Internet software, and thus crush competitors.

Caldera Inc. of Orem, Utah, also has filed an antitrust lawsuit against Microsoft. That case is scheduled to go to trial in January.

The Associated Press contributed to this report.




To: jlallen who wrote (56889)7/17/1999 6:21:00 AM
From: Neocon  Read Replies (4) | Respond to of 67261
 
July 17, 1999

3 PBS Stations Let Democrats Use Donor Lists


By KATHARINE Q. SEELYE

WASHINGTON -- At least three public television stations in the nation's largest markets say they have been sharing donor lists with Democratic fund-raising groups, a practice that may be legal but one that some congressional Republicans suggest could jeopardize public financing of all public television and radio stations.

Officials from the Corporation for Public Broadcasting have condemned the practice and said Friday that they were trying to determine its extent in preparation for a congressional hearing set for Tuesday.

Public television stations in New York, Washington and Boston acknowledged that they had sold or swapped donor lists with Democratic groups in the past, but added that they had stopped doing so and fired those who were responsible.

The admissions by the stations -- WNET in New York, WGBH in Boston and WETA in Washington -- have angered Republicans on Capitol Hill, who view them as confirmation of long-held convictions that public television leans to the political left and should not be financed with tax dollars. The federal government provides about 15 percent of the Corporation for Public Broadcasting's $200 billion annual budget.

Nonprofit organizations are prohibited from engaging in political activity. But the Internal Revenue Service says that such organizations can sell or rent their mailing lists to candidates or parties if they makes the lists available to all candidates and parties.

Spokesmen for the stations said that, in some cases, they had made their lists available to both Democratic and Republican groups. But they said they were concerned about possible misperceptions.

"Anything that our viewers and listeners could reasonably interpret as a partisan act, we shouldn't engage in," said Robert T. Coonrod, president of the Corporation for Public Broadcasting. "The health of public broadcasting is built on the trust we have with our viewers and listeners, and anything we do that might erode that trust is just not smart."

Coonrod said the practice of list-swapping was common in industry, but that it was not common with political organizations. He said the corporation did not condone the practice.

Mike Collins, a spokesman for the Republican National Committee, said that his organization had "never leased a public broadcasting list," but he said that in rare cases it had used lists from charities.

"It's reckless," he said. "It puts these public broadcasters in a very embarrassing position with regard to their donors and a dangerous one with regard to the IRS."

Jenny Backus, a spokeswoman for the Democratic National Committee, said the practice of list-swapping was common and that the television stations had done nothing unusual. She said the list broker employed by the DNC had provided a list of 123 organizations from which the committee had selected 62, including WGBH.

"We didn't have any way of knowing that WGBH had an internal policy against this," she said. "This is standard practice conducted on the open market."

But many public stations prohibit work with political organizations. WNYC, the public radio station in New York, is one.

"We don't make our list available to political organizations," said Ted Roebuck, a WNYC spokesman. "We have to turn down those requests pretty often, and just last week we did."

Concerns about list-swapping were first raised when The Boston Globe reported in May that WGBH had exchanged membership lists with the Democratic National Committee on two occasions -- a move that Republicans said initially appeared to be isolated. But as of Thursday, officials at public stations in New York and Washington acknowledged that they, too, had shared their fund-raising lists.

Stella Giammasi, a spokeswoman for WNET in New York, said that an internal investigation revealed "that without our knowledge and through some misinterpretation of our policy, the list brokers we employ had made our list available to both Democratic and Republican organizations," which she would not name. "We can only guess this was done as a purely commercial gesture. It did not reflect station policy, and they were fired," she said. She would not name the list broker.

Ms. Giammasi said there had been more than one instance of list-swapping but the matter was still being investigated. Still, she sought to assure the station's donors that their names were not being sold for political purposes by noting that donors are given the chance to "opt out" of having their names given to other organizations.

But Ms. Giammasi acknowledged that this still posed a political problem for public stations in general. "We're always worried about our funding," she said.

Republicans came to power four years ago attacking public broadcasting as liberal and elitist and promising to eliminate federal contributions. But broad public support for programs like "Sesame Street" helped silence Republican hostility.

As Ken Johnson, a spokesman for Rep. Billy Tauzin, R-La., chairman of a subcommittee that oversees public broadcasting, put it: "From a practical political standpoint, it was a public relations nightmare for Republicans to talk about shoveling dirt on Big Bird."

As a result, Congress increased its support for public broadcasting. And earlier this month, Tauzin's committee was preparing to raise the authorization for next year to $300 million from $250 million. It was also providing money to help public television with its $1.7-billion conversion to digital broadcasting in the next few years.

But the disclosures that the stations have shared their donor lists with Democratic interests, including the Democratic National Committee, have prompted Tauzin to scale back federal contributions. He has also vowed to impose restrictions.

"He feels betrayed, misled and lied to," said Johnson. "We had many members committed to some type of increase for fiscal 2000, only to have this blow up in our faces. It reinforces the old stereotypes, it picks the scab off the wound and it opens up public broadcasting to another big fight on Capitol Hill."

Copyright 1999 The New York Times Company





To: jlallen who wrote (56889)7/17/1999 10:27:00 PM
From: Lizzie Tudor  Read Replies (1) | Respond to of 67261
 
Bragging about restaurants is pass‚, JLA. The finest restaurant I ever attended was Le Tour D'Argent in Paris. Shall we discuss the dining experience here? Wine cellar with 50 yr old Bordeaux, etc. Wine waiters, cheese waiters, pastry waiters etc. etc. A wonderful experience eating there once or twice in your life, but makes for awfully dull conversation.

Anybody... who else was in JFK's plane? I was attending an exhibit today and missed the sad news. I read "the perfect storm" recently and apparently weather in that part of the country is unpredictable and harsh for the fishermen, I suspect the same for the pilots.