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Gates tapes: latest transcript

In the latest edition, Bill is queried about exclusionary deals with Intuit

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In the interest of completeness, we can now give the full text of the final extract of Gates' subpoenaed deposition. David Boies, the DoJ special trial counsel, is asking the questions. The extract speaks, ineloquently, for itself. Boies: This first selection is the selection designated by Microsoft. (Videotape excerpts played as follows:) Boies: In connection with Intuit, Mr Gates, insofar as you were aware, was there any effort to get Intuit to agree that Intuit would not promote Netscape's browser? Gates: I'm not aware of any -- anything specifically related to promotion. As I said, I didn't deal with them directly. You could say that -- ask them not to support Netscape as their standard supported browser. It's a change in their promotion of Netscape. Boies: Yes. I take that point. Let me make the question a little more precise. Other than an attempt to get Intuit to make Internet Explorer into its default browser, did Microsoft make any effort, that you're aware of, to get Intuit not to support or advertise Netscape's browser? Gates: It's kind of a strange question because Intuit never would have specifically advertised someone's browser. So I don't know what -- what do you mean by promotion when you give that example Boies: Well, I'm really just asking for what Microsoft did. And if you don't understand the question, Mr Gates, you can tell me and I will rephrase the question. Gates: Isn't that what I just did? Boies: Saying that you didn't understand the question? Gates: Uh-huh. Boies: Okay. Let me put another question here. (End of playing of videotape excerpt.) Boies: The next portion is what has been designated and is being offered into evidence by the government. (Videotape excerpt played as follows:) Boies: Did Microsoft, insofar as you are aware, try to get Intuit to agree not to enter into any kind of marketing or promotion agreements with Netscape? Gates: I don't know. Boies: Did you have discussions with anyone concerning what Microsoft was trying to get from Intuit? Gates: I might have sent email about it at some point. Boies: Do you remember the content of that email? Gates: No. Boies: Do you remember anything at all about the content of that email? Gates: Well, I don't know that it's an email either. I said I might have sent email. It may have been many emails. So no, I don't remember anything beyond the fact that there may have been email about this, and I may have made my views about the subject known. Boies: Let me ask you to look at a document that has been previously marked as government exhibit 376. (End of playing of videotape excerpt.) Boies: Government deposition 376 has been admitted in evidence as government trial exhibit 206. (Videotape excerpt played as follows:) Boies: This purports to be an email dated April 17, 1997 from Brad Chase to you and some other people, which is forwarding on an email of -- earlier in the day on April 17th from Mr Will Poole to Brad Chase. The subject of both emails is "Intuit terms agreed." Do you see that? Gates: Well, it's just a forward, yeah. Boies: Do you recall receiving this email? Gates: No. Boies: Do you have any doubt that you received a copy of this email? Gates: No. Boies: There are - Gates: I don't have any reason to doubt. I don't know that I received the email. I don't have any reason to doubt it. But since I don't remember it - Boies: Did you ever see this email before? Gates: I don't remember ever seeing it. Boies: Under the heading "Intuit obligations," it says "bundle IE 3 (quicken) and IE 4 (other products.)" Do you see that? Gates: Uh-huh. Boies: Were you told in April 1997 that Intuit had agreed to bundle IE 3 and IE 4 with its products? Gates: I don't remember that specifically. Boies: Farther down, under "Intuit obligations," there is an obligation that reads, quote, "not enter into marketing or promotion agreements with other browser manufacturers for distribution or promotion of Intuit content." Do you see that? Gates: Uh-huh. Boies: Were you told, in words or in substance, in or about April of 1997, that Intuit had agreed not to enter into marketing or promotion agreements with other browser manufacturers for distribution or promotion of Intuit content? Gates: I don't remember being told that. Boies: Do you have any reason to doubt that you were told that? Gates: In the sense that one of the emails that may have come into my mailbox might have related to that, I don't -- I don't doubt it. It certainly wasn't something that could have been very significant to me, because I don't have a recollection of it. Boies: The last Intuit obligation that is listed here is, quote, "create 'differentiated content' area for Intuit channel that is available only to IE users," close quote. Do you see that? Gates: Uh-huh. Boies: Were you told, in words or in substance, in or about April of 1997, that Intuit had agreed with Microsoft that Intuit would create a differentiated content area for Intuit's channel that would be available only to IE users? Gates: I don't remember being told that, nor do I understand what it means. Boies: Have you ever had any discussions with anyone within Microsoft about the possibility of content providers creating content area that would only be available to IE users? Gates: I don't -- no. I don't understand that. I mean, it -- if the URL was there, you can get to it. Boies: So what you're saying is that this obligation that Intuit is said to have taken on is an obligation that you don't understand at all what it means; is that what you're telling me? Gates: No. I'm saying these words that are on this piece of paper, I don't understand what they mean. Boies: Do you understand the concept? Gates: I don't know what it means. Boies: Okay. Did you ever ask Mr Poole what it meant? Gates: Nope. Boies: Did you ever ask Mr Chase what it meant? Gates: No. Boies: Did you ever ask anybody what it meant? Gates: Those words, no. Boies: Or the concept that is described by those words? Gates: I don't understand those words. So it's hard for me to relate to the concept. I don't understand the words. Boies: Let me be sure that I understand what you don't understand. Are you telling me that you don't understand what it would mean for Intuit to create a "differentiated content area"? Gates: That's in quotes. Boies: Yes. For the Intuit channel that would be available only to IE users? Gates: I'm not sure what they mean by that. Boies: Do you have any idea what they mean by that? Gates: No. It's confusing to me. (End of playing of videotape excerpt.) ® Complete Register trial coverage

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