Feeds

Conclusion: DoJ spin bowls MS video clean

Most spectacular government victory since Kuwait, says observer

  • alert
  • submit to reddit

Security for virtualized datacentres

MS on Trial The DoJ team is learning a few tricks from Microsoft. Having had its own witnesses intimidated by senior Microsoft staff sitting in the front row of the courtroom and known to its witnesses, who better to invite to sit in the front row last week than Edward Felten and his boys, who had detected the sleight of hand in the video. Michael Lacovara, who deserves the prize for being Microsoft's most boring cross-examiner, commented that "David [Boies] got a big bang on a very trivial issue." Is he suggesting that "trivial" lies are acceptable? The hapless Mark Murray was seen to rush from the courtroom punching buttons on his mobile phone as Boies' questions hit the bullseye. Murray's biggest mistake was when he said, standing alongside Neukom, that "The first tape was showing, was using computers in a studio to illustrate the points that we had discovered in the laboratory." The use of the word "illustrate" gave the game away: the video was a dishonest demonstration intended to deceive the court. He also rather stupidly said that "One of the great things about the software industry is that if there are bugs, you can go back and fix them." The corollary seemed to be "we can rewrite history". Tod Nielsen of Microsoft said of that "Each time we connected we got a different performance rate, a different sized pipe. So it would have been unfair to either side to compare, you know, one machine at one rate with another machine at another rate." The earlier tests were probably too fast for Microsoft to demonstrate the slow performance it so desperately wanted. Bill Neukom, Microsoft's head lawyer who has been completely silent in the courtroom (and sometimes absent), had to admit "We didn't make a very good tape" and that Microsoft would make it "unambiguously clear that the Felten program does not do what its supposed to do." He was wrong. Rich Gray, a San Jose-based attorney following the trial, suggested that "The last time the United States government inflicted this much punishment on a foe, the evening news was filled with aerial photography of bombed-out vehicles and burning Iraqi tanks on the highway leading out of Kuwait City." Boies was rather restrained in his comments outside the courtroom: "Microsoft says this is some kind of mistake. I'm not going to stand here and say something nefarious happened in Redmond. All we know is that the tape they put in evidence is not reliable." The most telling point, the one that is likely to influence Judge Jackson, was verbalised by Boies: "This is not public relations, this is not sales ... We know that [the test] was not as portrayed, and that's important, because what a court needs is to have confidence that the evidence is accurate." ® Complete Register trial coverage

Security and trust: The backbone of doing business over the internet

More from The Register

next story
Phones 4u slips into administration after EE cuts ties with Brit mobe retailer
More than 5,500 jobs could be axed if rescue mission fails
JINGS! Microsoft Bing called Scots indyref RIGHT!
Redmond sporran metrics get one in the ten ring
Driving with an Apple Watch could land you with a £100 FINE
Bad news for tech-addicted fanbois behind the wheel
Murdoch to Europe: Inflict MORE PAIN on Google, please
'Platform for piracy' must be punished, or it'll kill us in FIVE YEARS
Phones 4u website DIES as wounded mobe retailer struggles to stay above water
Founder blames 'ruthless network partners' for implosion
Sony says year's losses will be FOUR TIMES DEEPER than thought
Losses of more than $2 BILLION loom over troubled Japanese corp
Radio hams can encrypt, in emergencies, says Ofcom
Consultation promises new spectrum and hints at relaxed licence conditions
Why Oracle CEO Larry Ellison had to go ... Except he hasn't
Silicon Valley's veteran seadog in piratical Putin impression
Big Content Australia just blew a big hole in its credibility
AHEDA's research on average content prices did not expose methodology, so appears less than rigourous
prev story

Whitepapers

Secure remote control for conventional and virtual desktops
Balancing user privacy and privileged access, in accordance with compliance frameworks and legislation. Evaluating any potential remote control choice.
WIN a very cool portable ZX Spectrum
Win a one-off portable Spectrum built by legendary hardware hacker Ben Heck
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
The next step in data security
With recent increased privacy concerns and computers becoming more powerful, the chance of hackers being able to crack smaller-sized RSA keys increases.