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To: Bearded One who wrote (21157)10/29/1998 2:49:00 PM
From: Keith Hankin  Respond to of 24154
 
Gates threatened to 'bury' At Home
usatoday.com



To: Bearded One who wrote (21157)10/29/1998 4:05:00 PM
From: Daniel Schuh  Read Replies (1) | Respond to of 24154
 
Dan points out that we must offer them some story on how they can slowly shift away from the core client business, or at least the core Win32 client business.

Why, that double crossing no-goodnic Reardon, trying to pin it all on me. I'll get him for that. I ain't going down alone!!!!!!!!! BWAAAAAAAAAAHHAHAHAHAHAh!!!!!!!!!!

Cheers, Dan.



To: Bearded One who wrote (21157)10/30/1998 1:44:00 AM
From: Gerald R. Lampton  Read Replies (2) | Respond to of 24154
 
Federal Filings Newswires
Copyright (c) 1998, Dow Jones & Company, Inc.

Thursday, October 29, 1998

Colorful E-Mails Figure Little In MSFT Case Result
FORM TYPE: LEGAL
ISSUER: FEDERAL FILINGS BUSINESS NEWS
SYMBOL: X.FFI
WASHINGTON (FFBN) -- Although Microsoft Corp. (MSFT) has been
able to grab a bit of media attention through the presentation of
colorful e-mails criticizing Netscape Communications Corp. (NSCP)
products and painting a picture of a conspiratorial Silicon Valley
banding together to topple the software giant, the messages will have
little bearing on the court's decision as to whether Microsoft violated antitrust laws, according to a local antitrust lawyer.
"Judges tend to discount these types of colorful company
documents and keep their eyes on the big picture," Keith Shugarman, a
partner who specializes in antitrust law with the D.C. office of Boston-based Proctor Goodwin & Hoar, told Federal Filings Business News.
Shugarman referred to a famous quote written by Chief Judge
Richard A. Posner of the U.S. Court of Appeals for the Seventh in a 1984 antitrust case: "We attach rather little weight to internal company documents used to show anticompetitive intent, because, though they sometimes dazzle a jury, they cast only a dim light on what ought to be the central question in an antitrust case: actual or probable
anticompetitive effect."
In addition to sitting on the federal appellate bench, Judge
Posner is an antitrust law professor, author of several books, and a
highly regarded expert in economic and antitrust theory.
As reported, Microsoft introduced an e-mail from an apparently disgruntled Netscape employee who compared the speed of company's browser, Navigator, to a dead dog with no legs.
Netscape CEO James Barksdale discounted the e-mail, testifying that this document was written on the company's "electronic water cooler," a forum on which employees could post their complaints and often tried to "outdo" each other.
Microsoft has also presented e-mails between Barksdale and
America Online Inc.'s (AOL) CEO Steve Case, in which the executives
refer to themselves as World War II characters and to their common
enemy, Microsoft, as the "Axis." Microsoft argued that Netscape and
AOL were the true culprits in a market division scheme, not Microsoft,
as alleged by the government in its landmark antitrust case against the company.
Shugarman suggested that these kinds of e-mails have more value as sound bites than persuasive evidence.
Patti Dennis, Esq.
Legal Editor