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Christos Cotsakos, president and chief executive officer of E*Trade Group Inc., predicts Microsoft, now a partner, will eventually become a competitor.
"They learn, they assimilate, they copy," says Mr. Cotsakos.ÿ "Once they get done with all the other blips on the radar screen, you become the blip."
** Wall Street Journal, June 5, 1997
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Microsoft and Online Travel
"The Internet will reduce cost to suppliers [the airlines]. It's a much better channel for airlines to sell direct, and they will.ÿ We want to work with suppliers and help them go direct, but when on-line customers want to shop around they'll come to [Microsoft] Expedia."ÿ John Neilson, Microsoft's vice president for interactive services, media division ** Travel Weekly, May 8, 1997
Microsoft announced its intentions to enter the airline ticket business as far back as 1994.ÿ At the end of 1996 it launched a Web site called Expedia, which included hotel reservations and car rental services on top of the airline reservations and ticketing service.ÿ To launch Expedia, Microsoft partnered with Worldspan, a computerized reservations system (CRS) company partly owned by Northwest and Delta Air Lines.
Expedia sells over $1 million in travel services a day.ÿ It already is one of the three largest online travel agencies. The others are Travelocity, part of the Sabre Group, which is 80 percent owned by American's parent AMR Corporation; and Preview Travel, whose major stockholders include America Online and US West.
Originally, all online travel agencies received a 10 percent commission for each transaction generated through their sites.ÿ However, five major airlines decided earlier in 1997 to cut commissions for online travel bookings in half.ÿ Analysts say the move could result in the collapse of smaller online travel agents, leaving this potentially lucrative market in the hands of the three major companies.ÿ
Northwest was the first carrier to cut the commission paid for online bookings.ÿ Some observers believe Microsoft egged on Northwest ** whose Worldspan CRS is Expedia's booking engine ** to lead the airline industry in making online commission cuts.ÿ They claim that because Microsoft has deeper pockets than its competitors, it can survive longer with lower commission rates than others, and will benefit from new online agencies being discouraged from entering the business.
Richard Barton, general manager of Microsoft's travel business unit, declines to comment on these charges, stating only that Microsoft "said out of the gate that we'd take an aggressive leadership position in cost reduction.ÿ We've had conversations for a couple of years with major suppliers about the business model for compensation, and part [of them have] been about reduced commissions."
John Neilson, Microsoft's vice president for interactive services, admitted that Microsoft might have gotten the ball rolling but said that "the commission cuts would've happened anyway."ÿ Neilson said the drastic commission cuts might ultimately hurt the airlines, who have a stake in seeing online sales grow.
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"The question of what to do about Microsoft is going to be a central public policy issue for the next 20 years," says Mitchell Kapor, the founder and former CEO of Lotus Development Corporation.ÿ "Policy makers don't understand the real character of Microsoft yet ** the sheer will-to-power that Microsoft has."
Mr. Kapor believes that Microsoft lives according to a "thin ethics," as he sees it.ÿ "Anything not a direct lie or clearly illegal is okay to do and should be done if it advances Microsoft's tribal cause.ÿ This licenses the worst sorts or manipulations, lies, tortured self-justification and so on."
** James Gleick, The New York Times magazine, November 5, 1995
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Citrix and Microsoft
"In retrospect, what happened next doesn't surprise anyone who knows Microsoft well.ÿ But it certainly shocked the socks off Citrix."ÿ ** USA Today, June 11, 1997
Ft. Lauderdale-based Citrix Systems partnered with Microsoft in 1992 to develop a computer networking product eventually called "WinFrame," that allowed the Windows NT operating system to work on networks with old and/or disparate computers.ÿ Microsoft saw potential in the product, and acquired 6 percent of Citrix.
WinFrame started shipping in 1995.ÿ Aided by strong sales and momentum investors, Citrix stock soared to a high of $56.75.ÿ When Microsoft saw that WinFrame was booming, it notified Citrix that it might build similar networking capabilities into Windows NT on its own.
In February 1997, Microsoft gave Citrix official notice, as its contract required, that it might develop a competing product.ÿ Microsoft says the notification was not an attempt to force Citrix into selling out or otherwise capitulating.ÿ Because competition from Microsoft could materially affect Citrix, Citrix had to disclose publicly that Microsoft might enter its market, that the partnership would end and that Citrix's performance would be affected. Citrix stock plummeted, to around $11, even though Microsoft had not developed any technology in the area of network computing.
"It finally happened: they've been Microsofted," said Kevin Compton, partner in venture capital firm Kleiner Perkins Caufield & Byers, upon learning that Citrix received competitive threats from partner Microsoft.
Citrix chairman Ed Iacobucci believed he could convince Microsoft not to attempt to develop a competing product.ÿ He went on the offensive, taking a negotiating team to Redmond that included technical people who could both impress and appeal to the highly technical people at Microsoft.ÿ He worked his team around the clock, testing every possible option from selling the company to Microsoft to creating its own version of Windows NT.
After weeks of negotiations, a deal was struck.ÿ It allows Microsoft to license the multi-user extensions from WinFrame and put them into future versions of Windows NT under the Microsoft name.ÿ Citrix will continue making WinFrame as a separate program.ÿ The two companies will jointly develop networking products for Windows NT.ÿ
Everybody seems to benefit from the deal, and Citrix's stock price has rebounded considerably, though not to its previous level.ÿ Of course, as analyst Michael Cristinziano points out, Citrix "is still dependent on Microsoft."
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"A lot of people make the analogy that competing with Bill Gates is like playing hardball.ÿ
I'd say it's more like a knife fight."ÿ
Stac Electronics CEO Gary Clow ** USA Today, June 11, 1997
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The Case of Stac Electronics
In January of 1993, Stac Electronics, a Carlsbad, California, maker of software that compressed files to save space on a computer's hard disk, filed suit against Microsoft for patent infringement.ÿÿ
It was a classic David vs. Goliath case; Stac in all of 1993 would earn the same amount of money that Microsoft was earning in four hours.
The tiny company had tried to negotiate a deal with Microsoft so that its award-winning data-compression software could be included in the upcoming version of Microsoft's DOS 6.0.ÿ Stac claimed that Microsoft tried to leverage the smaller company into an unfavorable deal; and when it refused, Microsoft copied Stac's technology and built it into its own data-compression product.ÿ At the launch of DOS 6.0, Bill Gates himself promoted the data compression feature by wearing a t-shirt that said, "We came, we saw, we doubled."
Gates would testify at the Stac trial himself.ÿ It was his second appearance at a civil trial to defend his company.ÿ In 1986 he had testified in a $60 million suit brought by bankrupt Seattle Computer Products, which had sold the DOS operating system to Microsoft in 1981 for $50,000.ÿ In that case, after a three-week trial, Microsoft settled the suit for $1 million while the jury was still deliberating.
The jury would return a verdict in the Stac Electronics case.ÿ Despite Gates' claims from the witness stand that Microsoft's programmers had not copied Stac's product, the jury awarded Stac $120 million in damages for patent infringement.ÿ
Microsoft said it would appeal, but later changed its mind and negotiated an $83 million settlement.ÿ Microsoft agreed to pay Stac royalties of $1 million a month for 43 months, and also purchase $39.9 million of convertible preferred stock in Stac.ÿ The new partnership gave Microsoft the right to license, for a royalty, any of Stac's existing or future technology unrelated to data compression.ÿ In addition, Stac received a license to some of Microsoft's technology in DOS 6.0.
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Microsoft and Go Corporation
Gates: I contend technology breakthroughs can happen by extending what we already have.ÿ Let's take handwriting computers. . . . The software will come either from Microsoft or from a U.S. competitor named Go Corporation.ÿ That's going to be a major breakthrough, and who do you give credit to?
Jobs: I think everybody gives credit to Go, but Go will be crushed.
Gates: That's one of the nastiest comments I've ever heard.ÿ I've been working on handwriting since long before there was a Go Corp.
Jobs: Really?ÿ I didn't know that.ÿ Most people would say that Go is the company that first tried to commercialize the technology.
Gates: Well, Go hasn't shipped anything yet, and I'll ship my stuff before they ship theirs.
**Fortune magazine interview with Bill Gates and Steve Jobs, 8/26/91
Go Corporation was a tiny startup company in Foster City, California, developing software to control small computers that recognize handwritten words.ÿ Hoping to convince software companies to develop applications for its product, Go showed its secret software to several companies in confidential demonstrations.ÿ A team from Microsoft was included.
In January 1991, just a week before Go was set to announced its innovative product to the press, Microsoft made a preemptive strike with its own announcement.ÿ Gates said his company was developing handwriting-recognition software called Pen Windows.ÿ
Microsoft's design team included an engineer who had been briefed by Go.ÿ
A few weeks later, Microsoft said 21 computer makers were "considering" building hardware around the Pen Windows software.ÿ
"Anybody who shows Microsoft confidential information is taking a risk," said J. Jerrold Kaplan, Go's founder and chairman.ÿ
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"I characterized it at the time as date rape," said an industry official familiar with the deal.ÿ "Micrographx went out with Microsoft in good faith, and they took advantage of them, and then they wouldn't return their phone calls in the morning."ÿ
**ÿ James Wallace and Jim Erickson, "Hard Drive:ÿ Bill Gates and the Making of the Microsoft Empire."ÿ John Wiley & Sons, Inc., 1992
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Microsoft and Micrographx
Micrographx, a Texas company that develops graphics software for PCs, was one of the few companies that hung with Bill Gates and Microsoft during the lengthy delays in bringing the first version of Windows to market.ÿ Micrographx later became the first independent software company to put a product on the market for Windows.
When Microsoft and IBM shifted development efforts from Windows to OS/2 and Presentation Manager, Micrographx developed time-saving special software, called Mirrors, that essentially translated Windows into programs for OS/2.ÿ Microsoft liked Mirrors, and signed a letter of intent under which Microsoft could use it to modify its own Windows applications for OS/2.
Then, Microsoft demanded to see the source code for Mirrors ** the very guts of the program.ÿ Micrographx co-founders Paul and George Grayson balked at first, but finally sent it.ÿ
The Graysons became even more uneasy when Microsoft assigned an operating systems engineer to evaluate the product.ÿ Only the applications side of Microsoft was supposed to see the code; an operating systems engineer could copy the program and promote it in competition with Micrographx.ÿ
A few weeks later, Micrographx was informed that Microsoft had decided to write its own Mirrors-like software.
Micrographx was planning to go public, and felt it couldn't afford a blow-up with Microsoft.ÿ The Graysons swallowed their pride and let the matter drop.ÿ Eventually, Microsoft placated the Graysons with a cross-licensing deal that Bill Gates characterized as "unusually generous." Nonetheless, the Graysons felt used and manipulated by Microsoft.
"I half-jokingly say there is only one person with fewer friends than Saddam Hussein.ÿ And that's Bill Gates," Paul Grayson said.
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"Microsoft and/or its affiliates may gather, process, and use (and allow others to use) the information which you provide directly (e.g., name, physical address, email address), as well as information regarding the manner in which you use this Web site.
"From time to time, Microsoft may allow others to offer products and services to you."
** Microsoft Corp.'s Seattle Sidewalk Web Site, "Terms of Use" April 1997
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Sidewalk and Data Mining
Once MSFDC gets its hands on bill payment data, "The key question is what they will do with it," said Alexandria, Va., banking consultant James G. Hamrick.ÿ ** American Banker, September 29, 1997
The Microsoft stance on transactions has clearly changed, as its ventures into electronic commerce show.ÿ Analysts believe that the company's patience and deep pockets will enable it to sustain these projects during the time it takes for them to become profitable.ÿ
Microsoft acknowledges that it will lose money on its Web endeavors in 1997, but it will invest $300 million to $400 million per year for five years to prop up all of its content sites, including Expedia, CarPoint, Investor, Sidewalk, and other upcoming projects.
There are well-defined, market-share hopes for these sites.ÿ Lewis Levin, vice president of the company's desktop finance division, declared recently that the desired percentage of online investors moving through the Microsoft Investor site is "greater than 50 percent."
Microsoft's change of heart about electronic commerce can be traced to a revenue source other than just processing fees, according to the September 1997 issue of Institutional Investor.
"In addition to fees from billers for processing the checks, there's a gold mine in the information about consumer spending contained in those bills," the magazine says.ÿ "That makes MSFDC potentially a lucrative business for Microsoft."
On April 3, 1997, Microsoft launched a Web site called Sidewalk, a local arts and entertainment guide.ÿ Sidewalk first appeared in Seattle, and has been followed by four more sites, New York, Boston, Minneapolis/St. Paul and San Francisco.ÿ Microsoft announced that five more cities would be added to the list by the end of the year.
The Sidewalk service contains a powerful database on restaurants, movies and events in the cities it serves.ÿ It offers a free-of-charge, custom service tailored to users' preferences in ntertainment, arts and other fields.ÿ This custom service only works if the user provides his/her name, address and other personal data.
Whether they know it or not, Sidewalk users give Microsoft implicit authorization to sell their name, address and uses of Sidewalk to third parties.ÿ Nothing in the customizing setup discloses this fact; users discover the policy only by clicking on a "Terms of Use" button and scrolling through the legalese.ÿ Here is what appears under the "Use of Information" section, found halfway through the "Terms of Use" page:
"Microsoft and/or its affiliates may gather, process, and use (and allow others to use) the information which you provide directly (e.g., name, physical address, email address), as well as information regarding the manner in which you use this Web site.ÿ From time to time, Microsoft may allow others to offer products and services to you.ÿ
"If you wish to discontinue receiving such offers, you may notify Microsoft by sending email to sideterm@microsoft.com.ÿ In order to permit us to make this change, you must include your email name and first and last name in the text of your message."
When consulted by the media about this portion of the Sidewalk site, Microsoft Sidewalk General Manager Frank Schott says the company has "no plans" to sell names of individual customers.
"Bill [Gates] is not just in the business of publishing on-line City Guides. He is also in the data-mining business. And when he's determined from your virtual visits which cities most interest you, no doubt his virtual travel agent will give you a call.
"It was said of the Chicago meat-packing companies that they used every part of the hog except the grunt. By Microsoft standards, they were rank amateurs."
** John Naughton, The Observer, June 22, 1997
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Sources Used in this Document
David Bank, "Microsoft Moves to Rule On-Line Sales."ÿ The Wall Street Journal, 6/5/97.
Kevin Maney, "Tiny Tech Firm Does the Unthinkable."ÿ USA Today, 6/11/1997.
Donna Lawrence Harris, "Microsoft Auto Plan Has National Scope." Automotive News, 6/30/97.
James Gleick, "Making Microsoft Safe for Capitalism."ÿ New York Times magazine, 11/5/95.
Steve Hamm, Amy Cortese and Cathy Yang, "Microsoft Refines Its Net Game."ÿ Business Week, 9/8/97.
James Kim, "Microsoft Muscles into Media Market." USA Today, 8/25/97.
Amy Cortese, "Where the Action Is: Your Hometown; City Guides Are a Hot Market Enticing Myriad Big Players."ÿ Business Week, 4/14/97.
Barton Crockett, "Microsoft Bidding for Online Payments; Company Forms Joint Venture with First Data to Pay Bills Electronically."ÿ MSNBC, 6/27/97.
Amy Cortese and Kelley Holland, "Bill Gates is Rattling the Teller's Window."ÿ Business Week, 10/31/94.
Philip Elmer-DeWitt, "Bill Gates Wants A Piece of Everybody's Action." Time, 6/5/95.
Joseph Kornik, "Jupiter Sheds Light on Commission Cuts, Agents' Future Role." Travel Weekly, 5/8/97.
Michele Matassa Flores, "Microsoft's Media Bid Questioned; Analysts Doubt Profits will Satisfy Company," Seattle Business Times, 9/9/97.
Unidentified, "Is MSFDC Good for the Industry?"ÿ Retail Delivery Systems News, 7/4/97.
Drew Clark, "Banks Worried About Microsoft/First Data."ÿ American Banker, 9/29/97.
John Naughton, "The Internet, Bill and Coups." The Observer Review Page, 6/22/97.
O. Casey Corr, "Cybersnoops on the Loose; Web-site Surfers Beware: Software 'Cookies' Gathering Personal Data."ÿ The Seattle Times,ÿ 8/10/97.
Hal Lux, "The On-Line Elite."ÿ Institutional Investor, 9/97.
Brenton R. Schlender, "Jobs and Gates Together."ÿ Fortune, 8/26/91.
James Wallace, "Overdrive: Bill Gates and the Race to Control Cyberspace."ÿ Published by John Wiley & Sons, Inc., 1997.
James Wallace and Jim Erickson, "Hard Drive:ÿ Bill Gates and the Making of the Microsoft Empire."ÿ John Wiley & Sons, Inc., 1992. |