... or nothing like the truth?

The MSFiles

• In our previous MSFiles we introduced you to some background behind the Microsoft phenomena.
• This issue: Microsoft in court:

Links to check out:

• Sun wins court injunction over Microsoft's incompatible Java. Coverage from the Washington Post.
• The latest breaking Microsoft stories from CNN
• For all the Antitrust headlines on a daily basis check out the regular daily coverage of the Antitrust Court Case from Yahoo.

Microsoft Vs the (rest of) US

Well, it's on. Despite protests, delays and pleas for extended time, the USDOJ Vs Microsoft case has finally come to court. It makes for interesting reading too.

Strangely, although this case has the potential to affect more people world-wide that a certain president caught with his pants down (so to speak), it's getting very little media coverage, particularly here in Oz. The author can't help but wonder whether it has something to do with Microsoft's $25Million investment in WIN TV (www.ninemsn.com.au - see last issue) and rumors of certain other media baron's very chummy relationship with the world's richest man (Microsoft's Bill Gates).

There have been reported "incidents" of coverage of Microsoft's threats to Apple on ABC radio, so maybe the Australian media has not all been bought out - yet.

So what's all the fuss about? Well ... "supposedly" YOU, the consumer. The DOJ and 20 US states say Microsoft have used their dominant market position in operating systems to undermine competitors in other software fields, thereby reducing consumer choice. Microsoft on the other hand say they are trying to benefit the consumer by integrating products into their operating system, supposedly making them "easier" to use (we'll ignore the Microsoft claim of "innovation" as that was fairly well de-bunked last issue. Even Bill Gates under direct questioning was hard put to name any real Microsoft "innovation").

But an analysis of the background behind the rhetoric would indicate that this is a battle for the line, over dominance of information systems. And it's not being fought cleanly.

There are very good reasons why those who truly love computers also truly hate Microsoft. (Silence of the lambs - San Francisco Examiner 15th Nov 98 - an interesting insight - Ed.)

To date (second week of November) the following ammunition has been used in the Antitrust case:

United States v. Microsoft (Trial) Direct Testimony from the US Department of Justice.

• The first witness to testify was Jim Barksdale (10/19/98) from Netscape.
  • Netscape testified that Microsoft had offered them (Netscape) the Macintosh browser market if they (Netscape) would keep out of the Windows browser market. When Netscape refused, Microsoft (allegedly) used it considerable established market muscle to seriously undermine Netscape's browser market. Various internal e-mail's were offered in support by both sides. In the end, Microsoft apparently admitted "yes" they did have certain discussions, but so what - everybody else was doing it too.
  • Full transcript of Jim Barksdale's testimony is available in pdf format from the US DOJ's web site.

• The next testimony was from David M. Colburn (10/27/98), Senior Vice President of Business Affairs for America Online, Inc (AOL).
  • Colburn testified that AOL had chosen Microsoft's browser over Netscape's in return for a prominent position on the Microsoft operating system desktop - a marketing advantage Netscape could not possibly match.
  • Full transcript of David M. Colburn's testimony is available in pdf format from the US DOJ's web site.
  • A report from the register.co.uk

• Avadis Tevanian (10/30/98) Sr Vice-President of Software Engineering at Apple Computer.
  • Included in Avadis testimony were incidents surrounding Microsoft's "investment" in Apple, including "Microsoft's proposal" to Apple which "amounted to a forced abandonment of one of Apple's most successful and innovative products (Quicktime). . . . Accordingly, Steve Jobs told Microsoft that Apple had no interest in giving up QuickTime. Microsoft's response conveyed a simple message: Microsoft would drive Apple out of the multimedia business." Senior Microsoft employees told Apple to "knife the baby" (Quicktime).
  • Full transcript of Avadis Tevanian's testimony is available in pdf format from the US DOJ's web site. Excerpts from the Testimony of Avadis Tavanian are available from the Boycott Microsoft site.
  • In claim and counter claim Apple accused Microsoft or threatening to withdraw its support for it's Office 97 package for the Macintosh if Apple did not help it undermine Sun. Microsoft claimed Apple was the aggressor at the negotiations threatening a $1.2US Billion dollar law suit over old patent disputes.

• Excerpts from a video testimony deposition given by Bill Gates were used during the past sessions. Media reports of the testimony painted a picture of an elusive and forgetful Gales. As one headline put it "this version of Bill Gates seems to have memory problems". An excerpt transcript of the video-tape makes for fairly scary reading. Remember, this is the guy who really controls Microsoft.

• More recent trial events:
  • Intel's story of how Microsoft and Bill Gates warned them to stop developing software with threats to withdraw Windows support for Intels products.
  • An evasive and forgetful Gates, and a government witness testifying on the integration of Windows and Explorer: "Certainly there are some organizations that find the integration... appealing," Weadock replied. "My point is there are some that don't and they have no way to get rid of it."

It would seem there is no shortage of dirty and underhanded dealings on all sides. The consumer's good may be the "claim" on the surface, but it would seem on evidence that the consumer and the truth are largely casualties in this whole information technology revolution business. There is enough evidence on all sides so far to cast serious doubts on the integrity of big business, period. Is this symptomatic of our "globalised" society? Are Information Technology companies alone in their abuse of consumer trust and confidence? And do we REALLY want to give big business more power over our lives?

To claim that some sort of "standardisation" in the computing industry would be a good idea wouldn't sound too bad if it weren't for one small catch - the significant risk of one private company with no moral scruples controlling the standard and answerable to no-one. Microsoft have continued with their underhanded dealings and bullying despite the current court case. They genuinely see nothing wrong with the way they do business. They either seem to have an arrogant assumption that the court case will go in their favor, or perhaps they don't believe they are answerable to any court (or do they have an Ace or $ix or $even up their rather wealthy $leeve$).

Next time you go to your bank, ask yourself how long there will still be a person behind the counter, assuming you're not already talking to a hole in the wall (Auto-Teller). And if you are, then ask yourself where the former employees are now. Every time a Microsoft integrated product steals customers from a competitor, that's less sales leading to less jobs for the competitors programmers. At the end of the day, "rationalisation" in banking and finance is little different to "integrated products" in operating systems. Less jobs for the working classes and more power over consumers for the few left at the top.

The whole concept centralised power, a "modern" society and globalisation is in need of a good shake-up, and it wouldn't hurt to start with the Information Technology industry.

Further Reading:

• Regular daily coverage of the Antitrust Court Case from Yahoo.
• The US Department of Justice United States v. Microsoft (Trial) Direct Testimony

And ... Just in case you thought it couldn't get any worse:

• WebTV to gather consumers surfing and viewing habits for sale to the highest bidders, all thanks to Microsoft.
• Microsoft sees Open Source (free) software as a serious threat. An internal Microsoft memo leaked on the Internet had within 24hours had raised the ire of software developers and IT professionals world-wide. See Reuters reaction and the open source industry reaction - The Halloween Documents Background on Open Source can be found at www.opensource.org with the philosophy of Open Source well described here. And finally an interesting fictional essay on the importance of the Open Source concept or Where the Copyright System and Government Plans are Leading Us .

Anything you can do, Microsoft can buy ...

The (nearly) Whole Microsoft Catalog A REGULARLY UPDATED LIST OF WHAT THEY OWN.

Previous MSFiles

• Behind the Microsoft phenomena