To: Dermot Burke who wrote (22650 ) 2/11/1999 6:31:00 PM From: Daniel Schuh Read Replies (3) | Respond to of 24154
U.S. Hammers at Microsoft's Browser Deals nytimes.com I guess Monday was sort of exceptional.A senior Microsoft official acknowledged in federal court Wednesday that the company's contracts had prohibited Internet service providers from offering its browser on the same Web page as its main competition because Microsoft executives "thought we would lose in a side-by-side choice." The admission clearly pleased David Boies, the government lawyer who elicited it from the witness, Cameron Myhrvold, a vice president in the Microsoft Corp.'s Internet Customer Unit division -- so much so that Boies asked the same question four different ways and got the same answer each time. "Was it true you were trying to prevent Internet service providers from presenting Netscape and Internet Explorer side by side so users could choose?" he asked at one point. Internet Explorer is the name of Microsoft's browser; Netscape Communications Corp.'s Navigator is its principal rival. "We thought we would lose in a side-by-side choice," Myhrvold answered, because Netscape was already so firmly established in the market. In all, it was another bad day in court for Microsoft in its antitrust battle with the Justice Department, which charges that the software giant used a monopoly in personal computer operating systems to achieve a dominant position in internet software. Hour after hour, Boies chiseled away at Myhrvold's testimony, forcing him to acknowledge incorrect assertions, misleading omissions and deceptive statements. Myhrvold repeatedly acknowledged that he made misstatements in e-mail memos. He also testified that he disagreed with Microsoft employees whose memos contradicted his own assertions. As he completed his testimony Wednesday evening it was clear that Myhrvold's appearance had not helped Microsoft's case. In fact, as Microsoft's defense reached its midpoint on Wednesday evening, none of its first five witnesses had proved particularly effective advocates of the company's position. And so on. They all should have emulated Bill and affected premature senility. "I can't remember a thing about that!" Cheers, Dan.