Feeds

Cont. Microsoft lawyer memo ‘leaked’

intro

  • alert
  • submit to reddit

The Essential Guide to IT Transformation

Previous page In Case Any of you care to hear "our" side... Subject: DOJ Case: What's Happening Last week we finished the first phase of the DOJ trial. We thought it would be useful at this juncture to provide you with a report concerning the claims asserted against Microsoft and how the evidentiary record is shaping up. You may forward this mail within your organization if you wish. INTRODUCTORY COMMENTS It is not easy for any company to be the subject of a full scale monopolization case brought by the U.S. government. This case has been no exception. Here the DOJ, nineteen states and Microsoft’s leading competitors (Netscape, AOL, Sun, IBM and Apple) have allied to attack Microsoft’s efforts to develop and market Internet-related software (and other software). As you know, the allegations of wrongdoing—some of them quite sensational—have received a great deal of attention in the press. Microsoft did everything it could to avoid this lawsuit. Most importantly, in the weeks before the case was filed we worked cooperatively with the government to try to find a resolution short of litigation that would be acceptable to both sides. Unfortunately, we were unable to find any solution that satisfied the government while preserving Microsoft’s freedom to design and develop innovative new software products. So we have this lawsuit, and all the allegations that go with it. Fortunately, lawsuits are decided on the basis of law and facts, not allegations and mere hearsay. The law is fairly well understood, having been established by more than 100 years’ worth of cases decided under the nation’s antitrust laws. Similarly, although press reports inevitably focus upon points of controversy, the central facts relevant to the applicable legal principles are largely undisputed. We believe that these facts—now established in the evidentiary record—clearly show that none of the Microsoft conduct challenged by the government is anticompetitive. Quite to the contrary, nearly all of the Microsoft conduct at issue in the trial is affirmatively pro-competitive—conduct that antitrust law is designed to promote. Competitors are supposed to compete, and that is what Microsoft has done. We are proud of the great job our platform developers have done building strong support for Internet standards into Windows. We are proud of the great job the Java team has done building the fastest, most compatible implementation of a Java virtual machine and the industry’s leading Java dev tools. We are proud of our efforts to rapidly disseminate improved versions of Windows to the marketplace, both through new releases of Windows and through broad distribution of Internet Explorer upgrades to existing Windows installations. All of this conduct directly benefits ISVs, OEMs and customers. And all of it has been challenged by the government. We believe that the government’s case against Microsoft is profoundly anti-consumer. Developing innovative new technology and broadly distributing that technology to consumers is exactly what every computer company is supposed to do (regardless of its market share). The government has created a lot of noise around various random incidents ‘or pieces of email. Although these incidents have generated headlines, much of this evidence has been largely or even entirely irrelevant to any of the issues in the case. Much of it simply reflects the intensity of competition with the software industry, routine interactions among computer companies, or internal discussions of ideas that were never implemented. Strong language, however, is not illegal. Next page

The Essential Guide to IT Transformation

More from The Register

next story
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Sonos AXES support for Apple's iOS4 and 5
Want to use your iThing? You can't - it's too old
Stick a 4K in them: Super high-res TVs are DONE
4,000 pixels is niche now... Don't say we didn't warn you
Philip K Dick 'Nazi alternate reality' story to be made into TV series
Amazon Studios, Ridley Scott firm to produce The Man in the High Castle
There's NOTHING on TV in Europe – American video DOMINATES
Even France's mega subsidies don't stop US content onslaught
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
Too many IT conferences to cover? MICROSOFT to the RESCUE!
Yet more word of cuts emerges from Redmond
Joe Average isn't worth $10 a year to Mark Zuckerberg
The Social Network deflates the PC resurgence with mobile-only usage prediction
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
The Essential Guide to IT Transformation
ServiceNow discusses three IT transformations that can help CIO's automate IT services to transform IT and the enterprise.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Build a business case: developing custom apps
Learn how to maximize the value of custom applications by accelerating and simplifying their development.