Comment from Microsoft Following First Day of Hearing by European Court of First Instance

LUXEMBOURG, Sept. 30, 2004 — Following the first day of a two-day hearing before the Court of First Instance on Microsoft’s request for a suspension of the interim measures recommended by the European Commission, Brad Smith , Microsoft Senior Vice President and General Counsel, issued the following comment:

“Today was a very constructive start to this process and it is clear that the Court has identified the key issues at the heart of this case. The exchanges revealed some fundamental weaknesses in the Commissions case on interoperability. We are looking forward to tomorrow where the discussion will move to the issues around the media functionality in Windows.”

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