To: John F. Dowd who wrote (46836 ) 6/16/2000 6:15:00 AM From: John F. Dowd Read Replies (2) | Respond to of 74651
For those that didn't read the transcripts: From the transcript of James Barksdale's first day of testimony, October 20, 1998, afternoon session. *Q = John Warden for Microsoft *A = James Barksdale Q. THANK YOU. MOVING ON TO PARAGRAPH SEVEN, THE PHRASE "TO CUT OFF NETSCAPE'S AIR SUPPLY" IS USED IN ABOUT THE SEVENTH OR EIGHTH LINE. IS THAT A PHRASE YOU COINED? A. NO, SIR. Q. WHO SAID THAT FOR THE FIRST TIME? WHO DID COIN IT? A. COINING THE PHRASE "CUTTING OFF NETSCAPE'S AIR SUPPLY" OR "CUTTING OFF THEIR AIR SUPPLY"? YOU MEAN EXACTLY IN THE QUOTES HERE? Q. THAT OR WHATEVER VARIANT OF IT. I MEAN, YOU QUOTED IT. IF IT'S NOT AN EXACT QUOTE-- A. THE FIRST I HEARD OF IT WAS LARRY ELLISON USED IT IN SOME OF HIS COMPETITIVE ISSUES, "LET'S CUT OFF THEIR AIR SUPPLY." Q. WHO IS LARRY? A. LARRY ELLISON IS THE CHAIRMAN OR PRESIDENT/CEO OF ORACLE COMPANY. Q. AND HOW DID HE USE THE PHRASE? A. TO DISADVANTAGE A COMPETITOR TO THE POINT THAT THEY COULD NO LONGER INVEST IN THE PRODUCT. Q. AND WHOSE AIR SUPPLY WAS HE SUGGESTING BE CUT OFF? A. I THINK IT WAS INFORMIX AND SYBASE. Q. DID YOU HEAR HIM USE IT? A. NO, SIR, I READ THAT ACCOUNT IN A BOOK PUBLISHED ABOUT MR. ELLISON. BUT IN THIS CASE, I THINK THE FIRST I HEARD OR READ ABOUT IT, I THINK IT WAS PAUL MARITZ OF MICROSOFT, BUT... Q. WHEN DID YOU FIRST HEAR THIS ABOUT NETSCAPE, SUPPOSEDLY, BY MR. MARITZ? A. SOMETIME AFTER THE, QUOTE, BROWSER WAR STARTED, WHICH WOULD GENERALLY BE THE FALL OF '95ISH TO THE SPRING OF '96, SOMEWHERE IN THERE. Q. BEFORE THIS CASE WAS FILED IN MAY OF THIS YEAR? A. YES. Q. NOW, TO WHOM, ACCORDING TO THE REPORT YOU HEARD--YOU DIDN'T HEAR MR. MARITZ SAY THIS, DID YOU? A. NO, I DID NOT. Q. ALL RIGHT. AND TO WHOM WAS IT REPORTED TO YOU THAT HE HAD SAID IT? A. I DON'T REMEMBER. Q. AND WHEN AND WHERE DID HE SAY IT? A. I DON'T REMEMBER. Q. DID YOU EVER KNOW? A. IS THAT THE QUESTION? Q. DID YOU EVER KNOW WHEN HE SAID IT? A. OH. IT'S BEEN PLACED OR REPEATED SO MANY TIMES IN ARTICLES AND MAGAZINES AND ATTRIBUTED TO THEM THAT I TOOK IT FOR GRANTED THAT HE SAID IT IN SOME PLACE THAT A RESPONSIBLE REPORTER WOULD HAVE GIVEN CREDENCE TO. IT'S THAT SORT OF UNDERSTANDING. IT'S AN OFT-REPEATED PHRASE CONCERNING MICROSOFT VERSUS NETSCAPE, "CUT OFF AIR SUPPLY." Q. SO, IT'S YOUR UNDERSTANDING THAT MR. MARITZ MADE THIS STATEMENT IN A FORUM SUFFICIENTLY PUBLIC TO BE OVERHEARD BY A REPORTER; IS THAT CORRECT? A. OR SOMEONE WHO TALKED TO A REPORTER. Q. DO YOU KNOW? A. I ALREADY SAID I DON'T KNOW. It's pretty interesting reading, particularly if you want to hear (read the words of) someone who really has a tough time defining "browser". JFD