Witnesses Will Prove Microsoft’s Product Innovation Was Designed to Benefit Consumers and Developers

REDMOND, Wash., Sept. 4, 1998 — Microsoft Corp. today named the witnesses the company plans to call in the upcoming antitrust trial to prove that the company’s decision to build Internet technologies into the Microsoft Windows operating system was designed to benefit consumers and promote further innovation in high tech industries.

“Our witnesses will refute the government’s case and prove that our inclusion of Internet technologies in Windows was designed to provide new tools and innovations for consumers and software developers,”
said William H. Neukom, Microsoft senior vice president for law and corporate affairs.
“We have a very strong case. The Appeals Court decision in favor of Microsoft confirmed that our integration of browser technologies into Windows 95 was good for consumers and completely legal. We look forward to presenting our case in court and resolving these issues once and for all.”

Neukom said Microsoft’s witnesses will demonstrate a number of key facts, including these:

  • Microsoft’s decision to build Internet technologies into the Windows operating system was designed to benefit consumers and improve the Windows platform for software developers.

  • Consumers are choosing Microsoft browser technology because it is superior to Netscape’s browser technology.

  • Microsoft’s cross-promotion agreements with other high-tech companies did not foreclose Netscape’s ability to distribute its browser technology to consumers. In fact, Netscape’s executives say their company has distributed 17 million copies of its browsing software since July.

The trial is scheduled to begin Sept. 23. Under the procedures established by Federal District Court Judge Thomas Penfield Jackson, each side may call up to 12 witnesses.

Among its 12 witnesses, Microsoft plans to call eight of the company’s senior executives in charge of operating system development and marketing, Internet technology development and marketing, cross-promotion agreements, and licensing of technology to computer manufacturers.

“These are our senior executives who were directly involved in each of the issues the government has raised.”
Neukom said.
“Through their testimony, we will show that the government’s allegations are groundless, and that Microsoft’s actions were completely appropriate and good for consumers.”

The company also plans to call two expert witnesses, professor Richard Schmalensee, interim dean of the Sloan School of Management at the Massachusetts Institute of Technology, and professor Michael Dertouzos, director of the MIT Laboratory for Computer Science, to testify on the economic and technological benefits of Microsoft’s decision to build Internet features into Windows.

The company plans to call John Rose, senior vice president of Compaq Computer Corp., the world’s largest PC manufacturer, to prove that Microsoft has worked with Compaq and other computer manufacturers to help develop new and innovative technologies. He will also help prove that Compaq and other computer manufacturers have always had the ability to include Netscape Navigator on computers using the Windows operating system.

In addition, the company will call Michael Devlin, president of Rational Software Corp., a Silicon Valley-based vendor of development tools, to demonstrate how Microsoft’s platforms provide a wide range of integrated services, including Internet services, enabling thousands of independent software vendors to deliver more valuable products to their customers in a more cost-effective manner.

The following is a complete list of Microsoft’s witnesses.

Microsoft Corp.

Antitrust Lawsuit Witness List

Expert Witnesses

1.Professor Richard Schmalensee, Interim Dean, Sloan School of Management, MIT

2.Professor Michael Dertouzos, Director, Laboratory for Computer Science, MIT

Microsoft Witnesses

1.Paul Maritz, Group Vice President, Platforms and Applications Group

2.James Allchin, Senior Vice President, Personal and Business Systems Group

3.Joachim Kempin, Senior Vice President, OEM Division

4.Brad Chase, Vice President, Windows Marketing and Developer Relations

5.Yusuf Mehdi, Director of Windows Marketing

6.Cameron Myhrvold, Vice President, Internet Customer Unit

7.William Poole, Senior Director, Windows Business Development

8.Daniel Rosen, General Manager, New Technology

Non-Microsoft Witnesses

1.John Rose, Senior Vice President, Enterprise Computing, Compaq Computer

2.Michael Devlin, President, Rational Software

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