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To: Harvey Allen who wrote (22757)	2/23/1999 9:25:00 PM
From: Daniel Schuh	Read Replies (1) \| Respond to of 24154

This is great, Harvey. It was just the latest stumble for Daniel Rosen, Microsoft's general manager for new technology. His performance on Monday so damaged his credibility that, as the trial reopened this morning and company lawyer Michael Lacovara was about to begin his redirect to try and rehabilitate Rosen, a chipper Judge Jackson greeted Lacovara by rumbling, "It's always inspiring to watch young people embark on heroic endeavors." Too bad Microsoft won't put Bill himself on the stand. Rosen insisted that the software referred to in the May 11 note was not functional. "It was a beta product that didn't install." He had never gotten a copy, he'd said, until July, but his colleague had gotten a copy of the software at a meeting at Netscape earlier that month. Boies pushed against him hard. He spoke quietly, as though talking to a skittish child, saying, "You don't remember that, do you sir? You're just making it up right now." Rosen, near frantic, blurted, "No, I remember it." Boies quickly replied, "You're sure it was May and not April." And Rosen ran into the trap, saying, "Yes." Boies introduced another memo from Rosen dated April 27 in which he wrote, "Do you remember who took the Netscape Win95 browser they gave us during our last meeting? I'd like to get a copy." Rosen stared briefly at the document and quietly said, "I stand corrected." Then, incredibly, he conceded that he personally had been present at the April meeting at which Netscape had provided the browser. In contrast with Monday, when Rosen's frequent blunders elicited occasional laughter from those in the courtroom, today's antics were greeted with silence, either from a sense of empathy, or because those present just wanted the show to end. That Boies is sort of mean, but then, he's not exactly beating up on a bunch of choirboys here. Wasn't Rosen doing the old "Andreeson's fantastical invention" line on the famous meeting before? Rosen seems to have not quite mastered Bill's premature senility act properly, though. Cheers, Dan.