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To: Bearded One who wrote (22432)1/20/1999 1:46:00 AM
From: jach  Respond to of 24154
 
FORE and Microsoft
-------------------
FORE Systems' ForeRunner ASX-4000 ATM Switches Deployed by
Microsoft Corporation to Further Enhance Flexibility and Scalability of Network
Backbone

Deployment of New Switches Extends Microsoft's High Performance Networking
Solution

PITTSBURGH, Jan. 19 /PRNewswire/ -- FORE Systems, Inc. (Nasdaq: FORE -
news), a leading global supplier of multiservice networking solutions, today
announced that several of its ForeRunner® ASX™-4000 ATM (asynchronous transfer
mode) switches have been deployed at the core of Microsoft Corporation's
(Nasdaq: MSFT - news) enterprise network in Redmond, Washington. With the new
switches in its network, Microsoft has upgraded its existing FORE Systems
infrastructure to provide even more reliability, flexibility and scalability.

''Our corporate network is very demanding and we need the most reliable, high-speed
solution to support our company's mission-critical applications,'' said Arne
Josefsberg, general manager, Information Technology Group, Microsoft Corp. ''Since
implementing FORE ATM technology at our network core in 1997, we've
reaped the benefits of improved network performance and dependability. Microsoft is
committed to ATM for our campus network transport and we look forward
to the business benefits of FORE's ForeRunner ASX-4000.''

Microsoft Upgrades Existing High Performance Network Architecture

Microsoft first turned to a FORE Systems solution for the core of its network in
September 1997. FORE and GTE, one of the largest publicly held
telecommunications companies in the world, were selected by Microsoft to provide the
ATM network backbone and related services as part of the company's
campus-wide enterprise network upgrade. With the recent deployment of the
ASX-4000, Microsoft has upgraded its existing ATM backbone solution that consists
of numerous ForeRunner ASX-1000 and ForeRunner ASX-200BX switches, and
connected them to the ASX-4000s.

''We are excited that Microsoft has chosen to expand on its existing FORE Systems
solution by deploying the ASX-4000 at the core of its mission-critical
network,'' said Thomas J. Gill, president and CEO of FORE Systems. ''Microsoft is yet
another company that has realized the substantial benefits of a high
performance, multiservice network core from FORE Systems. The ASX-4000 will
provide Microsoft with unparalleled speed, flexibility and scalability.''

''Microsoft is an example of another large enterprise that has seen the value of ATM
technology for its network core,'' said David Passmore, founder and research
director for NetReference, Inc. ''Microsoft's selection of FORE's ASX-4000 ATM
switches clearly demonstrates its continued satisfaction with its previously
installed FORE ATM switching products.''

About the ASX-4000

The ASX-4000 is a groundbreaking switch from FORE Systems that utilizes the same
proven ForeThought® software as the company's other award winning
ATM switches. The ASX-4000 offers 10, 20, 30 or 40 Gbps of non-blocking,
full-duplex switching capacity, and it delivers the first OC-48c (2.5 Gbps) ATM
ports in the industry. Providing a scalable, reliable, high-speed foundation for building
networking solutions that last, the ASX-4000 is specifically designed for the
backbone of large enterprise and service provider networks.

About FORE Systems

FORE Systems is a leading global supplier of networking solutions based on an
Intelligent Infrastructure™ designed to handle the networked applications of today
and tomorrow.

----------------

This is very significant for FORE.
The statement from MSFT:
''Our corporate network is very demanding and we need the most reliable, high-speed
solution to support our company's mission-critical applications,'' said Arne
Josefsberg, general manager, Information Technology Group, Microsoft Corp. ''Since
implementing FORE ATM technology at our network core in 1997, we've
reaped the benefits of improved network performance and dependability. "

This will put ASX4000 at the forefront for many large enterprises and SPs.



To: Bearded One who wrote (22432)1/20/1999 2:17:00 AM
From: Gerald R. Lampton  Read Replies (2) | Respond to of 24154
 
Maybe you're right: they've gotten to the point where they've started believing their own propaganda.

Nevertheless, regardless of what Neukom is doing and/or telling Gates, Microsoft's outside counsel should know better. That's why companies hire outside counsel instead of just having in-house counsel do everything. Since outside counsel is not subjected as often to doses of company propaganda, and since they do not depend so much on the company payroll for their daily bread, they are supposed to provide independent and detached advice and evaluation, which is supposed to act as a counterweight to the company line the in-house people will be expected to give. I assume Sullivan & Cromwell understands that this is its role; I assume Sullivan & Cromwell is not slouching on the job and are performing that function here. So I ask again, What gives?

Regardless of one's feelings about Microsoft, reading all the Dow Jones and other news releases about how Boies is cutting Schmalenese to pieces really is depressing for anyone who practices the defense trial lawyer's craft. I mean, it really sounds bad. Even the most cursory perusal of the news stories of the past few days leaves a bad impression:

1. Schmalenese testifies for Microsoft in *all* their antitrust cases, including the one where he used a definition of the relevant market which is at odds with the one he is using here. To the uninitiated, that makes it sound like Schmalenese is a litigation whore.

2. Schmalenese said in some law review articles in the '80's that the only true test of the likelihood of potential competition in any given marketplace is for there to emerge an actual, substantial market competitor, something he conceded has not happened in Microsoft's case. One can certainly debate the truth of both the earlier statements and of the concession, and one wonders why Microsoft picked this economist out of all the economists in the world to make its potential competition argument given his damning past writings on the subject. So, this litigation whore changes his story to suit the needs of the moment. Plus, whoever hired him for this case did not do their homework. (Or maybe it's a case of sabotage??? ;) )

3. Then, Schmalenese was confronted with some testimony he gave in, I believe it was the Control Data case, in which he said that network externalities and the so-called "applications barrier" presented substantial barriers to entry into Control Data's software market. Now, of course he distinguished that market from Windows by saying that in-house software developers had to develop their own applications on the new platform, whereas commercial applications developers have to do it in the case of Microsoft's OS competitors. However, it will not take a knowledge of rocket science for the judge to figure out that the market price of commercial software largely consists of the capitalized costs of the same kind of software development that software engineers had to do in house in the Control Data case. Although economies of scale will spread the cost of development over a larger base of users if the commercial software is successful, the concession on the issue of principle has been made.

And, for the truly sadistic, here is today's installment:

dailynews.yahoo.com

Here is just one "choice cut" from among the many, and not even the best one at that:

Boies presented a Dec. 22, 1995, internal memorandum from employee Jeff Alger arguing that Microsoft should bargain with another software maker by saying Internet Explorer was not a part of the operating system.

Schmalensee said he did not know who Alger was and dismissed the memo. But he acknowledged that he had seen the memo before and never bothered to find out whether Alger's suggestion was used in the negotiation.


Pathetic.

I mean, how much longer does this agony have to go on? The government apparently originally said its cross-examination of Schmalenese was supposed to end at noon tomorrow, not a moment too soon for Microsoft, undoubtedly. But, then, Boies said today went more slowly than expected. So now, it looks like maybe it won't end until the end of the week.