Feeds

MS makes last minute bid to suppress Compaq evidence

Threatening Big Q over Netscape icons not evidence really shock

  • alert
  • submit to reddit

Choosing a cloud hosting partner with confidence

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

Remote control for virtualized desktops

More from The Register

next story
Facebook pays INFINITELY MORE UK corp tax than in 2012
Thanks for the £3k, Zuck. Doh! you're IN CREDIT. Guess not
Google Glassholes are UNDATEABLE – HP exec
You need an emotional connection, says touchy-feely MD... We can do that
YARR! Pirates walk the plank: DMCA magnets sink in Google results
Spaffing copyrighted stuff over the web? No search ranking for you
UK.gov pushes for SWIFT ACTION against nuisance calls, threatens £500k fines
DCMS seeks lowering of legal threshold to fight rogue firms
Just don't blame Bono! Apple iTunes music sales PLUMMET
Cupertino revenue hit by cheapo downloads, says report
Hungary's internet tax cannot be allowed to set a precedent, says EC
More protests planned against giga-tariff for Tuesday evening
US court SHUTS DOWN 'scammers posing as Microsoft, Facebook support staff'
Netizens allegedly duped into paying for bogus tech advice
ISPs handbagged: BLOCK knock-off sites, rules beak
Historic trademark victory, but sunset clause applies to future blocks
prev story

Whitepapers

Cloud and hybrid-cloud data protection for VMware
Learn how quick and easy it is to configure backups and perform restores for VMware environments.
Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Saudi Petroleum chooses Tegile storage solution
A storage solution that addresses company growth and performance for business-critical applications of caseware archive and search along with other key operational systems.
How to simplify SSL certificate management
Simple steps to take control of SSL certificates across the enterprise, and recommendations centralizing certificate management throughout their lifecycle.