Feeds

MS makes last minute bid to suppress Compaq evidence

Threatening Big Q over Netscape icons not evidence really shock

  • alert
  • submit to reddit

High performance access to file storage

MS on Trial A curious sidelight in Microsoft's criticism of the DoJ's proposed findings of fact is that Microsoft is now trying to get documents detailing its earlier actions against Compaq to be ruled inadmissible, and to substitute a different story. In the contempt case, the DoJ produced a deposition from Steve Decker, Compaq's Director of Software Procurement that showed that Microsoft threatened to cut off Compaq's Windows 95 licence unless the IE icon was not restored: Q. Why did Compaq want to remove the Internet Explorer icon at that time? A. At the time, we had a relationship with Netscape and we had been shipping their product for a while. And therefore Netscape was actually the browser partner and we wanted to give that position on the Compaq Presario desktop. Q. How did Microsoft respond to Compaq removing the Internet Explorer icon from the desktop? A. Well, when they found out about it, they sent a letter to us telling us that, you know, they would terminate our agreement for doing so. Microsoft now says that Steve Decker's testimony should not be allowed on the record because it was ex parte (in other words, Microsoft had not cross-examined Decker). Microsoft now wants to substitute the story that the icon was removed because of an agreement with AOL, rather than with Netscape. This is nit-picking, because the AOL agreement at the time would have been for Compaq to use Navigator. This pleading does not ameliorate Microsoft's action. We have probably not heard the last of this story, and there could well be more to come about internal dissent at Compaq during this period. Microsoft evidently leaned hard on Compaq, since John Rose popped up in the present case in an attempt to counter previous evidence that could not be denied - like Microsoft's threat to cancel Compaq's Windows 95 licence if Compaq did not restore the IE icon. Microsoft must feel this is an important weakness in its case, since the facts do strongly suggest that Microsoft wielded monopoly power. It will be for Judge Jackson to decide the issue. ® Complete Register Trial coverage

High performance access to file storage

More from The Register

next story
Sorry London, Europe's top tech city is Munich
New 'Atlas of ICT Activity' finds innovation isn't happening at Silicon Roundabout
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Dropbox defends fantastically badly timed Condoleezza Rice appointment
'Nothing is going to change with Dr. Rice's appointment,' file sharer promises
Audio fans, prepare yourself for the Second Coming ... of Blu-ray
High Fidelity Pure Audio – is this what your ears have been waiting for?
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
Zucker punched: Google gobbles Facebook-wooed Titan Aerospace
Up, up and away in my beautiful balloon flying broadband-bot
Apple DOMINATES the Valley, rakes in more profit than Google, HP, Intel, Cisco COMBINED
Cook & Co. also pay more taxes than those four worthies PLUS eBay and Oracle
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
HP ArcSight ESM solution helps Finansbank
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.