MICROSOFT PORTRAYED AS PLAYGROUND BULLY.Byline: Rob Fixmer The New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of Times It was a case in which 26 witnesses put forth a bewildering be·wil·der tr.v. be·wil·dered, be·wil·der·ing, be·wil·ders 1. To confuse or befuddle, especially with numerous conflicting situations, objects, or statements. See Synonyms at puzzle. 2. number of contradictory viewpoints as fact, in which a videotape sullied the legendary brilliance of the world's wealthiest man, in which thousands of e-mail messages offered in evidence at times made various figures in the case look greedy, ruthless, egomaniacal or just plain dishonest. All this was handed not to a jury but to a single federal judge whose job it was to determine what was fact and what was not. Friday he made his calls. The Justice Department and 19 states suing Microsoft Corp. in the landmark antitrust suit produced witnesses that portrayed the software giant as an overreaching Exploiting a situation through Fraud or Unconscionable conduct. monopolist, wielding its market power to thwart competition. Microsoft, the government said, prodded industry partners and rivals to favor its products over competing software and bundled its free Internet browser See Web browser. into its industry-dominating Windows operating system operating system (OS) Software that controls the operation of a computer, directs the input and output of data, keeps track of files, and controls the processing of computer programs. in a predatory scheme that threatened the long-term welfare of consumers. Microsoft produced witnesses who portrayed the company as a tough but legal competitor whose innovations had fueled the nation's technology boom, to the benefit of the economy and consumers. Where the government alleged illegal arm-twisting, Microsoft saw hard bargaining and commonplace business deals. It was a courtroom duel that Justice Department lawyers dominated from the opening day of testimony, on Oct. 19, 1998, when they showed the first of several installments of a taped deposition of Microsoft Chairman Bill Gates (person) Bill Gates - William Henry Gates III, Chief Executive Officer of Microsoft, which he co-founded in 1975 with Paul Allen. In 1994 Gates is a billionaire, worth $9.35b and Microsoft is worth about $27b. that was taken the previous summer. The video, projected bigger than life on courtroom monitors, was a disaster for the defense, depicting one of the world's most respected businessmen as a surly, combative, uncooperative witness who often said he had forgotten writing the memos, e-mail and directives being shown to him. Nor did things improve much for Microsoft as the trial went forth. The government presented as witnesses top executives of the nation's most successful computer companies, each of whom in turn told a different tale of the playground bully. James L. Barksdale, president of Netscape Communications Corp., testified that Microsoft had offered to divide the browser market and that when Netscape refused, Microsoft withheld technology and muscled PC makers and Internet service providers Internet service provider (ISP) Company that provides Internet connections and services to individuals and organizations. For a monthly fee, ISPs provide computer users with a connection to their site (see data transmission), as well as a log-in name and password. into deals that hobbled Netscape. David M. Colburn, senior vice president of America Online See AOL. , told the judge that Microsoft had made his company an offer it could not refuse: a featured place on the Windows desktop - the most valuable real estate in cyberspace - in return for making Microsoft's browser the default choice for its millions of subscribers. Avadis Tevanian Avadis "Avie" Tevanian is a former Senior Vice President of Software Engineering at Apple Computer from 1997 to 2003, and a former Chief Software Technology Officer from 2003 to 2006. He is a member of the board of embedded software tools company Green Hills Software. , senior vice president of Apple Computer, testified that Microsoft had threatened to stop developing productivity software for the Macintosh unless Apple favored Microsoft's browser. Steven McGeady Steven McGeady is a former Intel executive best known as a witness in the Microsoft Antitrust Trial. His notes contained colorful quotes by Microsoft executives threatening to "cut off Netscape's air supply" and Bill Gates' guess that "this anti-trust thing will blow over". , vice president of Intel, Microsoft's longtime partner in the so-called Wintel duopoly Duopoly A situation in which two companies own all or nearly all of the market for a given type of product or service. Notes: This is very similar to a monopoly, where only one company dominates the market. that dominates the personal computer market, said Microsoft threatened to strongly support rival chipmakers if Intel developed multimedia and Internet software. When Microsoft's turn came in December, it produced witnesses - most of them its own executives - to counter those claims with more positive portrayals of the events in question. Daniel Rosen, the company's general manager, called Netscape's assertion that Microsoft had tried to divide the browser market ``either fabrications or the products of a fundamental misunderstanding.'' Brad Chase Brad Chase is a fictional lawyer, portrayed by Mark Valley, on the ABC television series Boston Legal. David E. Kelley, the creator of Boston Legal, Chase went to Dartmouth College for his Undergraduate studies, according to a diploma on the set of his office. , a Microsoft vice president, said his company's deal with America Online did not require its subscribers to choose Microsoft's browser. He also testified that America Online's recent purchase of Netscape created a new and potent competitor to Microsoft. Eric Engstrom, Microsoft's general manager, said the company had tried to persuade Apple to use Microsoft's technology. But he said this had been an effort at technological cooperation and not an attempt to hinder competition or divide markets. Paul Maritz Paul Maritz was a senior executive at Microsoft from 1986 to 2000. He is currently founder and CEO of Picorp. He sponsors third-world development projects and is on the board of the Grameen Foundation. , a group vice president, said Intel had pulled back from its multimedia software efforts because the software was designed for a previous version of Windows. But the most memorable thing about the testimony of Microsoft's witnesses was not what they said to counter the government's witnesses as much as how they often withered under cross-examination by the government's lead trail lawyer, David Boies David Boies (born March 11, 1941) is a lawyer and Chairman of Boies, Schiller & Flexner LLP [1]. He has been involved in various high-profile cases in the United States. . ``We have 12 very powerful witnesses to tell our side of the story,'' William H. Neukom, Microsoft's senior vice president for law and corporate affairs, had declared on the courthouse steps as the defense opened its case. A silver-haired, patrician lawyer, he stood ramrod straight in front of the courthouse, an air of absolute certainty in his voice. And, like every member of the Microsoft team, Neukom portrayed unwavering confidence throughout the trial. ``On the merits on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers of the case, it's going very well,'' he insisted immediately after several of Microsoft's darkest moments in court. The most notorious example was an attempt to counter government testimony from Edward W. Felten, a Princeton University computer scientist, who had demonstrated a program that he said stripped the Internet Explorer browser from Windows. This suggested that Windows and the browser were separate programs and not one, as Microsoft insisted. James Allchin, a senior vice president, came to the stand armed with a videotape that was supposed to prove that the browser had been so tightly integrated into the Windows 98 operating system that it was impossible to remove. But under questioning by Boies, Allchin was forced to concede that, unknown to him, the video had been pieced together from shots of programs running on several different computers and thus did not really show the impact of deleting the browser. Allchin returned to court several days later with a new tape, but by then his credibility had been seriously damaged. |
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