WASHINGTON -- Microsoft executive Cameron Myhrvold engaged in a verbal wrestling match with a government lawyer at the company's antitrust trial Tuesday, denying his firm competed unfairly against Netscape Communications.
In addition to the fight with Myhrvold, the government raised questions about a new videotaped demonstration offered by Microsoft. Last week, the company redid another video demonstration, after the judge criticized its flaws and inaccuracies.
For a window onto the Microsoft antitrust trial, visit US v. Microsoft. - - - - - -
The US Justice Department and 19 states allege that Microsoft used monopoly power to compete illegally against Netscape in the market for browsers.
Myhrvold, a Microsoft vice president, said his unit provided the company's Internet Explorer Web browser to firms that offer Internet service as a means of promoting competition with Netscape. But government lawyer David Boies said Microsoft was able to require Internet service providers to unfairly favor Microsoft in return for promoting them through its Windows desktop screen.
"You know perfectly well America Online and others have to commit to 85 percent of browser share," and limit Netscape to 15 percent, said Boies.
Myhrvold shot back, "That's absolutely wrong."
Then Boies entered into evidence a 2 May 1996 email in which Myhrvold said that one potential Internet provider must commit that "85 percent of the browsers they ship to their customers will be IE," that is, Internet Explorer.
Myhrvold responded, "Only one contract was signed at the time of this email."
Throughout the afternoon, Boies presented email after email that Myhrvold said were irrelevant. He said "I was wrong," "I changed my mind," or noted that he had never bothered to send a draft memo.
And it was not only his own words that Myhrvold said were wrong. Boies presented the deposition of Dan Rosen, a Microsoft executive who testified that part of Myhrvold's bonus was based on whether he could improve browser share.
"Mr. Rosen was wrong," said Myhrvold.
When confronted with his own testimony in a deposition taken for the trial in April 1998 Myhrvold noted that he had corrected the deposition. Myhrvold said the court stenographer may have taken down an entire sentence that had never been said.
Boies also raised questions about a videotaped demonstration shown by Myhrvold. In one section of the demonstration, an installation from the Internet seems to be going slowly. In another, it goes more quickly.
Boies asked if the same modem speeds were used in both sections or if the slower test was conducted with a modem that ran 28,800 bits per second and the quicker one with a modem that ran at a faster speed.
"I don't know," replied Myhrvold. Later, a Microsoft official said he had checked and the faster test had used a modem running a 33,600 bits per second.
Copyright© 1999 Reuters Limited.
