The US government was finally given the opportunity to get its teeth into its core claim that Microsoft used its monopoly position to oust rival Netscape.
As the historic trial heads for a lengthy recess, a key Microsoft witness was forced to admit that the software giant offered Netscape 'inducements' to use its internet technologies as it developed its own Windows 95 browser.
Dan Rosen, general manager of new technology at Microsoft, told the court that Microsoft 'offered it (Netscape) several inducements if it adopted our platform technologies.'
The court was also shown emails to Microsoft executives, including one from chief executive Bill Gates, which stated that Microsoft would 'make Netscape's server business successful,' if Netscape 'agrees to do certain things in the client'. The emails were sent before a meeting in June 1995, at which Netscape claimed Microsoft told it to drop out of the browser market.
Rosen was shown notes written by Netscape founder Marc Andreesen which stated Microsoft offered to make 'highly beneficial' arrangements if both companies 'agree on the line'. Rosen agreed this was said, but with regard to Windows 95.
The government also presented evidence claiming that Microsoft senior vice president Joachim Kempin came close to admitting that Microsoft held a monopoly.
Lawyer Steven Holzman asked Kempin whether he considered prices charged by rivals when setting a price for Windows 98. 'In this particular case we compared it with Windows 95,' said Kempin.
A Microsoft lawyer denied that this constituted a monopoly, countering that Windows costs less than other operating systems.
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