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To: HH who wrote (6192)	9/16/1998 11:38:00 PM
From: Joseph G.	Respond to of 86076

close enough - here's the cigar -g- <<WASHINGTON, Sept 16 (Reuters) - The head of America Online Inc (NYSE:AOL - news) Wednesday bolstered a key allegation in the government's antitrust case against Microsoft Corp., saying his company opted for the software giant's Internet browser to get a better position in the Windows operating system. Government attorneys have alleged in the antitrust lawsuit that Microsoft improperly used its control over Windows to induce America Online to select its browser, Internet Explorer, instead of one from rival Netscape Communications Corp. On Wednesday, America Online chairman Steve Case said he opted for Internet Explorer largely because it was free and Microsoft had offered to promote AOL prominently in every copy of the Windows 95 operating system. ''Our choice was Microsoft in large part because they provided the technology free and also were willing to bundle us with their operating system,'' Case told reporters after speaking at a conference here sponsored by Upside magazine. Microsoft has denied any improper behavior and argued that the antitrust laws do not prevent it from simply engaging in tough business practices. After Case spoke, a Microsoft spokesman maintained that its browser was chosen because of superior features, including the ability to be integrated into America Online's own software. ''At the time, AOL told us one of the most important reasons was because our browser technology was componentized,'' spokesman Mark Murray said. Microsoft's browser ''allowed AOL to do things that Netscape's browser simply could not do,'' he added. But the government says Microsoft's use of Windows placement as an inducement to get AOL and other firms to use Internet Explorer violated antitrust laws. The case is scheduled to go to trial Oct. 15. The issue arose last week when an attorney for Microsoft argued at a hearing Sept. 11 that AOL chose Internet Explorer over the Netscape product due to its superior features in a side-by-side comparison. David Boies, arguing for the Justice Department, responded that Microsoft Chairman Bill Gates in an email message had conceded that AOL did not think Internet Explorer was superior to Netscape's browser. Rather, AOL saw Microsoft's browser as ''good enough'' and mainly wanted favorable placement in Windows, Boies argued. In his speech on Wednesday, Case also said the computer industry did not deserve any special treatment under the antitrust laws. ''I don't think there's anything unique about this industry that would suggest that a fundamentally different cut on competition is appropriate,'' he told reporters.>>