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To: Daniel Schuh who wrote (22753)	2/23/1999 11:38:00 AM
From: Kirk ©	Respond to of 24154

Good article "What Scares MSFT" suite101.com

To: Daniel Schuh who wrote (22753)	2/23/1999 12:07:00 PM
From: Thure Meyer	Read Replies (1) \| Respond to of 24154

"Chicago School" consumer defense ... Dan, Just finished reading the Franklin Fisher deposition (found at the gov. web site). I found it very well argued and worthwhile, it also demolishes any argument relative to consumer benefit. After reading this deposition and other stuff on the site its difficult to see how Microsoft has any case at all. I agree a highlight will be J. Kempin "king of the OEM circuit" testifying. When is he on ..? Thure

To: Daniel Schuh who wrote (22753)	2/23/1999 6:09:00 PM
From: Harvey Allen	Read Replies (1) \| Respond to of 24154

1 Q. IS THIS AN E-MAIL FROM MR. REARDON TO YOU AND OTHERS, 2 DATED MAY 25, 1995, THAT YOU ACTUALLY RECEIVED, SIR? 3 A. YES. 4 Q. LET ME ASK YOU TO LOOK AT THE SECOND PAGE NUMBERED 5 PARAGRAPH THREE WHERE IT SAYS "PROTOCOL COOPERATION." "AS 6 BEN AND I AGREED"--AND IS THE BEN THERE BEN SLIVKA? 7 A. YES. 8 Q. SO, MR. REARDON WRITES, "AS MR. SLIVKA AND I AGREED, 9 I DISCUSSED AN APPROACH FOR EXCHANGING PROTOCOL SPECS AND 10 DESIGN ISSUES BEFORE PRODUCT RELEASES. I THINK WE SHOULD 11 LUMP THIS INTO ANY AGREEMENT FOR STT AND FUTURE 12 COOPERATION. IT WOULD REALLY BE A VEILED EFFORT ON OUR 13 PART TO MOVE THEM OFF OF THE WINDOWS CLIENT. 14 DO YOU SEE THAT? 15 A. I DO. 16 Q. AND WHEN MR. REARDON WRITES ABOUT MOVING THEM OFF OF 17 THE WINDOWS CLIENT, YOU UNDERSTOOD HE WAS TALKING ABOUT 18 MOVING NETSCAPE OFF OF THE WINDOWS CLIENT; CORRECT, SIR? 19 A. YES. 20 Q. AND WHEN HE SAYS, "IT WOULD BE A VEILED EFFORT ON 21 MICROSOFT'S PART TO MOVE NETSCAPE OFF OF THE WINDOWS 22 CLIENT, WHEN HE REFERS TO THE WINDOWS CLIENT THERE, HE'S 23 TALKING ABOUT AN INTERNET CLIENT OR BROWSER FOR WINDOWS; 24 CORRECT? 25 A. COULD YOU REPEAT THE QUESTION, PLEASE, SIR 28 1 Q. YES, SIR. 2 WHEN MR. REARDON WRITES ABOUT MAKING A VEILED 3 EFFORT TO MOVE NETSCAPE OFF OF THE WINDOWS CLIENT, HE'S 4 TALKING ABOUT AN EFFORT TO MOVE NETSCAPE OFF OF THE 5 WINDOWS 95 CLIENT IN TERMS OF THEIR BROWSER; CORRECT? 6 A. NO, SIR. I ASKED HIM SPECIFICALLY ABOUT THIS IN 7 PREPARING MY TESTIMONY, AND HE TOLD ME THAT PRECISELY WHAT 8 HE MEANT WAS THAT HE WANTED THEM TO ADOPT OUR UNDERLYING 9 CLIENT IN THE SENSE I USED THEM EARLIER IN MY TESTIMONY, 10 TECHNOLOGIES, INCLUDING TCP/IP AND OTHER THINGS. HE VERY 11 MUCH WANTED THEM TO BUILD A WINDOWS 95 BROWSER USING THOSE 12 TECHNOLOGIES, WHICH IS SOMETHING THAT HE HAD TRIED TO DO 13 DURING THAT ENTIRE PERIOD. 14 Q. FIRST YOU SAID SOMETHING I WANT TO FOLLOW UP. YOU 15 ASKED HIM IN PREPARING YOUR TESTIMONY. 16 FIRST, DID YOU HAVE AN UNDERSTANDING OF WHAT HE 17 WAS TALKING ABOUT BACK IN 1995 WHEN YOU GOT THIS? 18 A. I BELIEVE I DID. 19 Q. AND WHEN YOU GOT THIS BACK IN 1995, DID YOU 20 UNDERSTAND HIM TO BE SAYING THAT THERE WAS GOING TO BE A 21 VEILED EFFORT ON MICROSOFT'S PART TO MOVE NETSCAPE OFF OF 22 THE WINDOWS CLIENT? 23 A. THE QUESTION WAS... 24 Q. IN MAY OF 1995, WHEN YOU GOT THIS MEMORANDUM, DID YOU 25 UNDERSTAND THAT MR. REARDON WAS WRITING YOU, PROPOSING 29 1 VEILED EFFORT ON MICROSOFT'S PART TO MOVE NETSCAPE OFF OF 2 THE WINDOWS CLIENT? 3 A. THE QUESTION WAS, DID I SEE THOSE WORDS, OR DID I 4 UNDERSTAND THEM IN SOME SPECIFIC WAY? I'M AFRAID--I'M NOT 5 TRYING TO BE DIFFICULT. I DON'T UNDERSTAND. 6 Q. FIRST, YOU SAW THOSE WORDS? 7 A. YES. 8 Q. AND YOU UNDERSTOOD THOSE WORDS; CORRECT? YOU 9 UNDERSTOOD WHAT HE MEANT? 10 A. I BELIEVED I DID, YES. 11 Q. AND WHEN THERE WAS A REFERENCE TO THE WINDOWS CLIENT, 12 YOU'RE TALKING ABOUT WINDOWS 95 CLIENT? 13 A. YES, SPECIFICALLY. 14 Q. OKAY. AND WHEN YOU WERE TALKING ABOUT CLIENT 15 THERE--MR. REARDON WAS TALKING ABOUT CLIENT--WAS HE 16 TALKING ABOUT THE INTERNET CLIENT? 17 A. YES, HE WAS. 18 Q. OKAY. AND YOU TALKED ABOUT THE INTERNET CLIENT AS 19 INCLUDING TCP/IP; CORRECT? 20 A. YES. 21 Q. AND NETSCAPE WAS PERFECTLY PREPARED TO USE YOUR 22 TCP/IP; RIGHT? 23 A. I DON'T KNOW, AT THAT TIME. 24 Q. THE PLATFORM THREAT THAT NETSCAPE PRESENTED WASN'T A 25 PLATFORM THREAT THAT RELATED TO TCP/IP, WAS IT, SIR 30 1 A. WELL, AGAIN, I DON'T THINK I BELIEVE NETSCAPE 2 PRESENTED A PLATFORM THREAT AT THAT POINT IN TIME, BUT NO, 3 TCP/IP CERTAINLY WOULDN'T HAVE BEEN PART OF IT. 4 Q. RIGHT. 5 THERE WAS A TIME WHEN YOU EVENTUALLY CAME TO VIEW 6 NETSCAPE AS A PLATFORM THREAT; CORRECT? 7 A. YES, PROBABLY IN THE LATE FALL OF '95.