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To: Daniel Schuh who wrote (22948)	3/10/1999 5:05:00 PM
From: Dermot Burke	Read Replies (2) \| Respond to of 24154

Gee I am glad I didn't sell all my netscape shares when the war with the Beast was going so bad . I did liquidate out of fear and sold low on quite a few shares . I plowed them into oracle so it didn't pan out so badly . I still own plenty of netscape and find the run up amusing , to say the least . Weirder still becoming an AOL shareholder. I had thought the web and openness would have won . Jury is still out , in my opinion whether people with brains will directly pay for web published content . This thread at one time was about the netscape investment perspective. Long long time ago .....

To: Daniel Schuh who wrote (22948)	3/11/1999 2:19:00 AM
From: Rusty Johnson	Read Replies (1) \| Respond to of 24154

Microsoft Lawyer's Assessment of Trial: Not to Worry New York Times Technology By STEVE LOHR Outsiders may think that the Microsoft Corporation is faring badly in its antitrust trial. But the case is actually going Microsoft's way, according to an internal assessment sent to the company's senior executives last week. In a long status report, David Heiner, a senior Microsoft lawyer, said that the Government had proved nothing, that the news coverage was a slipshod distortion and that "Microsoft will prevail." The e-mail report from Heiner to Microsoft's executive team was sent on March 3, and it is mainly a point-by-point critique of the case from the Microsoft perspective. The points Heiner makes mirror the arguments that the company has made in court. A Microsoft spokesman confirmed that Heiner had written and sent the status report. In the past, internal Microsoft documents have been intentionally leaked as a way to convey the company's views. The Heiner memorandum became public yesterday when James Love, the director of the Consumer Project on Technology, an advocacy group that is critical of Microsoft, sent the e-mail to reporters. Love said he had received the e-mail from a university researcher, who had received a copy from a Microsoft employee. The tone of Heiner's memorandum offers a glimpse into the mind-set of the Microsoft legal team. There are no self-doubts, no apologies -- no sense whatsoever, as some have suggested recently, that Microsoft has suffered a humbling setback in court or that it might be eager to seek a settlement with the Government. The Justice Department and 19 states suing Microsoft have accused the company of being a bullying monopolist that stifles competition. Heiner says the Government poses the real danger. "We believe that the Government's case against Microsoft is profoundly anti-consumer," he wrote. The Government, he added, has succeeded mostly in creating a "lot of noise around various random incidents or pieces of e-mail." Despite the prosecution's long list of accusations, backed by a procession of industry witnesses, "We believe that none of the Government's claims can be sustained on the basis of the record as it now stands," Heiner wrote.