To: Gerald R. Lampton who wrote (22562 ) 2/4/1999 3:06:00 PM From: Daniel Schuh Read Replies (1) | Respond to of 24154
Judge Questions Microsoft Videotape Evidence nytimes.com Again, the ironic take from the NYT, excerpts for entertainment only:The Federal judge hearing the Microsoft antitrust case openly questioned the reliability of video evidence the company had presented in court and called the situation "very troubling." Some see trouble, others see Standard Microsoft Business Practice, he notes dryly. In a tense, packed courtroom, the Microsoft Corporation suffered its second embarrassing setback in two days, stumbling yesterday and staggering today. A few minutes after the judge's criticism, Microsoft tossed in a white towel for the day. A Microsoft lawyer asked to approach the bench, and the judge agreed to end proceedings for the day to let Microsoft regroup and try again Thursday. All nighter time for a few proud Microserfs. I hope Bill doesn't call in poor Slivka, he's suffered enough. Tall, white-haired and soft-spoken, Allchin allowed that the tape had problems, but not ones that fundamentally undercut his testimony that removing the browsing software hurt Windows. "I'd be glad to bring in a machine and show you," Allchin told the judge. "This demonstration hasn't turned out very well." After the court session, Microsoft admitted that it was at fault for producing a flawed tape, but insisted it was an honest mistake. "We make very good software, but we didn't make a very good videotape," said William H. Neukom, the Microsoft senior vice president for corporate and legal affairs. The "sucks less" contingent would question the first half of Neukom's assertion, of course. But Neukom's just the attorney of record, anyway. Yet the e-mail messages were cast in terms of tactics intended to help Microsoft "win" the browser battle "against Netscape." In one e-mail written on Dec. 26, 1996, Allchin wrote, "I don't understand how Internet Explorer is going to win," adding, "My conclusion is that we must leverage Windows." In another sent to Allchin in March 1997, Jonathan Roberts, a Microsoft marketing executive, wrote that tightly integrating Windows with the browser would make "Netscape a nonissue -- a superfluous product for all but the most committed Netscape user." When asked about such messages, Allchin said that Microsoft certainly did compete with Netscape, but the main way it did so was to innovate and improve its leading product, the Windows operating system. At one point, Allchin noted that words like "tie" and "leverage" are terms used loosely at the company -- not with the legal implications of a monopoly case in mind. Judge Jackson pointed out playfully that "tie" was a term "we use too," though more seriously. "It's certainly got us in a lot of trouble," Allchin said of the e-mail language. "This is my first time in court. I'm learning a lot." Poor Allchin, I wonder why he's taking all the heat while old "Air Supply" Maritz got off so easy? Maybe it's his name. Leading with it, or taking it on, who can say? Cheers, Dan.