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To: Gerald R. Lampton who wrote (22437)	1/20/1999 5:09:00 PM
From: Bearded One	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. I'm sure of that point. My friends at Microsoft spoke openly about neutralizing Corel and how integrating IE with Windows would help deal with Netscape. Another friend of mine had friends at Microsoft who talked about solving the Java threat by "embracing it to death." As Dr. Laura Schlessinger might say, they've become their own moral authority. . 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. Question: I'm very aware that lawyers have a responsibility to present their client's case and/or version of 'the truth,' and that this version can be contradictory from one case to another. What is the ethichal responsibility of the hired expert witness? Are they supposed to present facts that support their client and leave it to the other side to try to dig out inconsistencies? Or are they supposed to be balanced and upfront on everything? Boies said today went more slowly than expected. He's having fun.

To: Gerald R. Lampton who wrote (22437)	1/23/1999 4:09:00 AM
From: Daniel Schuh	Read Replies (1) \| Respond to of 24154

Hi Gerald, just catching up here. On the subject of Schmalenese, I must modestly point out my terse response to Regimond's early quote from Schmalenese's direct testimony: Cool, Reggie. Microsoft's first witness says the government's case is bogus. We'll see what he says under cross examination. www2.techstocks.com And, as you say, it can only get better when Paul "Air supply" Maritz comes up to bat, followed by numerous other "relatively junior executives". To repeat another old point, the unusual written direct testimony business puts Microsoft at a disadvantage at this stage of the trial, at least on the hearts and minds front. As to Microsoft believing their own propaganda, there's a funny line there, what looks like articles of faith to true believers often looks like propaganda to outsiders. Outside counsel should, in principle, know better, but I wonder if Bill (G not N) is still acting as his own attorney. Cheers, Dan.