BOSTON, October 1, 1998 — Microsoft Corp. today said an upcoming book by two university professors “seriously undermines” the government’s accusations in the antitrust trial scheduled to begin October 15.
In an affidavit included in a motion filed today in Federal District Court in Boston, Microsoft Attorney Steven L. Holley, said: “There are many other quotations in the book that reflect the shortsighted manner in which Netscape conducted its business. Many of those quotations are attributed to persons who are, or were, among the most senior executives at Netscape. Their account directly contradicts the government’s case against Microsoft.”
In “Competing on Internet Time: Lessons from Netscape and its Battle with Microsoft,” co-authored by David Yoffie, of Harvard Business School, and Michael Cusumano, of MIT’s Sloan School of Business, Netscape officials concede the company made mistakes in its business strategy that led to many of the problems it later encountered in the marketplace. According to Microsoft, those admissions by Netscape refute a central element of the government’s case, which is that Microsoft engaged in anticompetitive practices toward Netscape.
Microsoft filed today’s motion in an effort to gain access to the book and research materials associated with the book. Microsoft says it understands the authors’ desire to protect sensitive information that may be included in the research materials. The company has offered to work with the authors on appropriate steps to protect the confidentiality of sensistive material, while still ensuring the Court has access to this important evidence that refutes the government’s case.