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To: Harvey Allen who wrote (23982)	6/1/2000 5:59:00 AM
From: Daniel Schuh	Read Replies (1) \| Respond to of 24154

Meanwhile, news of the day, first the good gray Times: Microsoft Files Its Final Arguments Against Breakup nytimes.com Most amusingly from that: The latest offer includes statements from seven academic experts and corporate leaders who say they oppose the government's breakup plan and related remedy proposals. Among them are Michael Capellas, chief executive of Compaq Computer; Jeffrey Katzenberg, a founder of the DreamWorks motion picture studio; Olza M. Nicely, chairman of Geico, the insurance company; and John Whitacre, chief executive of Nordstrom, the department store chain based in Seattle, Microsoft's hometown. Jeffrey Katzenberg is the best on this list, experienced as he is in the world of Mickey Mouse. Speaking of Mickeys, the Register, on the other hand, is quite fond of the idea of Capellas standing in as most obeisant of OEM executives in place of Dell, whose credibility on the matter was probably shot forever by his Senate testimony. Compaq's Capellas offered as MS character witness theregister.co.uk But dare we hope that the witness list will play in a higher court? Bill Gates and Steve Ballmer were among the ones proposed last week, and Bill in the box would be a treat. Mike Capellas too may not entirely grasp what he's getting into. As Compaq CEO Capellas argues that it's just plain wrong that a company that ships as many PCs, and puts as much money into Windows R&D, as his does, can't get involved in close marketing deals with MS and can't get the pricing discounts it so richly deserves. Of course the complicity of top executives of major PC companies in these arrangements, which effectively keep Microsoft's rivals and lower tier PC manufacturers in check, is a subject worth examining in itself. And Compaq's relationship did come under some scrutiny earlier in the trial. Perhaps Mike would be advised to check out some of the links below before stepping into the lion's den. © Related reasons why Capellas should maybe take the fifth Did Compaq and MS collude to ambush DoJ witness? Bristol update: MS lawyers muzzle Compaq witness MS pricing for Win95: Compaq $25, IBM $46 MS paid $50k to buy 'Compaq of Europe' out of DR-DOS deal Those last 5 titles are links in the original, of course. Also up at the Register today: MS mounts futile bid to delay, blunt trial penalties theregister.co.uk Some of Microsoft's drafting comments are quite amusing. For example, it understandably doesn't like the DoJ's euphemistic description of the breakup as a "reorganisation", and plumps for "divestiture". Microsoft produces many claims as to why everything would take longer than the DoJ wants, and at one point claims that "foreign governments" may need to approve the divestiture - and of course (don't laugh), Microsoft doesn't want to be "forced to violate any laws in any jurisdiction". I'll leave it at that, the Register guys do this stuff better than I can. Cheers, Dan.