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To: drmorgan who wrote (15372)5/13/1998 9:05:00 AM
From: Moonray  Respond to of 22053
 
Extreme Networks Captures NetWorld+Interop 98 Best of Show Honors
an Unprecedented Two Years in a Row - 07:02 a.m. May 13, 1998 Eastern

Network Computing magazine put Summit48 through its paces at its
University of Wisconsin test lab.

Summit48 performed at 10.1 million packets per second with no errors,
prompting editors to bestow Summit48 with its "Editor-Refuses-to-
Give-it-Back" award. Editors called Summit48's Layer 2 street price
of less than $100 per port as "nothing short of phenomenal" and predicted
"this high-capacity, high-performance box will be challenging the
likes of 3Com Corp. and Cisco Systems."


guide-p.infoseek.com

o~~~ O



To: drmorgan who wrote (15372)5/17/1998 9:49:00 AM
From: Moonray  Read Replies (1) | Respond to of 22053
 
Microsoft Talks Break Down; Lawsuits Likely Monday

Washington, May 16 (Bloomberg) -- Microsoft Corp. and
government antitrust enforcers broke off settlement talks with no
agreement, clearing the way for the U.S. Justice Department and
20 states to file lawsuits Monday challenging the software
giant's business practices.


Microsoft, the world's No. 1 maker of computer software,
said it wouldn't accede to the Justice Department's insistence
that it change the way it integrates its Internet Explorer
browser into Windows 98, which is to be shipped Monday to
personal computer makers.

''The government demands went too far with no basis in law
and, most important, were not in the best interests of
customers,'' said Microsoft Chairman Bill Gates in a statement.
One sticking point, according to the company, was the
government's demand that Windows 98 incorporate rival Netscape
Communication Corp.'s Navigator browser.

The Justice Department issued a brief statement saying only:
''The discussions between the Department of Justice, a coalition
of state attorneys general and Microsoft ended today without
resolution. At this point they are not expected to resume.''

Barring last-minute developments, the end of the talks means
the Justice Department and states will go to federal court Monday
alleging that the Redmond, Washington-based software maker abuses
its market dominance to stifle competition in the software
industry.

Windows Ships Monday


The states and federal government had held off going to
court Thursday to see if they and the company could reach a
settlement by Monday. Also, Microsoft had postponed until Monday
its plans to ship Windows 98, the newest version of its basic
software program that enables PCs to function, a delay of three
days.

The company said it would start the shipments Monday as
planned. Computers operated by Windows 98 are to be available to
consumers on June 25.

The settlement discussions began Friday, but lasted just a
day and a half before they broke off at midday today, the Justice
Department said. Talks snagged as early as Friday afternoon when
one key negotiator, Connecticut Attorney General Richard
Blumenthal, went home. Reached in Connecticut early today,
Blumenthal declined comment.

Microsoft spokesman Jim Cullinan rejected any suggestion
that the company wasn't serious about trying to reach a
settlement. Microsoft's legal team ''flew 3,000 miles to
negotiate over 7 1/2 hours on Friday alone,'' he said. ''That
shows our eagerness to negotiate.''

Nor did Gates change his mind about negotiations after
earlier indications to chief Justice Department antitrust
official Joel Klein of a willingness to negotiate, Cullinan said.
''The chairman mentioned that he was interested in negotiating
and indicated every effort would be made to avoid litigation,''
he said.

''Negotiations are a fluid process,'' he said. ''There have
been several issues on and off the table, offers and
counteroffers. What they're looking for is unreasonable.''

Sticking Points

Among the sticking points in the talks was the government's
demand that the company ship Windows 98 with the entire computer
code for Netscape's Navigator Internet browser, Cullinan said.


This would make it easier for computer users to search the
Internet with Netscape Navigator rather than Microsoft's browser.
Netscape officials weren't immediately available for comment.

The discussions also focused on the government's request
that Microsoft hide the Internet Explorer icon as well as other
ways of accessing the browser when a user is in other
applications, such as word processing. The company said that
would make it hard for consumers to use the web-browsing
functions.

Another point of contention was Microsoft's control of the
screen a user sees when the computer is turned on. Currently, a
logo for the Windows operating systems is displayed, and
Microsoft said the government demanded that it give up its right
to display that logo.

And regulators raised concerns about Microsoft's promotion
of its own browser in its contracts with Internet service
providers to the exclusion of rival browsers.

''We're working to make Windows 98 work well with the
Internet, but the government believes that is illegal,'' Cullinan
said. ''In America, every company must be free to innovate and
build better products for consumers. That is a principle worth
standing up for.''

Looking for a Compromise

Microsoft had said it wanted the talks to succeed to avert a
lawsuit it said would hurt the company, consumers and the
software industry.

The Justice Department entered into the discussions because
it was eager to avoid a costly battle that could take years to
fight in court, particularly because of its poor track record in
recent decades, said William Kovacic, an antitrust law professor
at George Mason University.

Still, Klein is under pressure to obtain terms from
Microsoft that will satisfy Microsoft competitors who were
critical of a 1994 consent decree the Justice Department had
negotiated with the company.

''There are a lot of people with their noses up against the
window and looking in, and they are going to scream bloody murder
if they don't come back with something substantial,'' Kovacic
said before the talks broke off.

Hiding Icon

At issue in the overall case against Microsoft are
government concerns that the company is using its dominance of
the operating system market to crowd out competition from other
software applications and Internet browsers, notably Netscape
Navigator.

The Justice Department has contended that Microsoft
illegally integrated its Internet Explorer into Windows 95 to
leverage control of the browser market. Microsoft is appealing a
judge's order that it offer PC makers a version of Windows 95
without the functioning browser.

Similar concerns are being raised over Windows 98, which has
much more highly integrated Internet browser function than the
previous product. The company argues it has the right to place
whatever functions it wants into the operating software to
deliver product innovation to consumers.

One manufacturer said Monday shipments of Windows 98 should
provide enough time to install the system in short order.
''As long as it ships on Monday and there's no court or
legal action (to block it), we'll get the product out on time,''
said Bill Hughes, spokesman for International Business Machines
Corp. IBM and other PC makers have been testing early versions of
Windows 98, but need a few weeks to test the final version to be
sure there are no problems before the June 25 release date.

o~~~ O